Sec. 518.133. - Enforcement alternatives; civil penalties.

(a) The provisions of this Chapter shall be enforced by any available method under law or equity, and shall not necessarily be limited to the specific procedures or methods specified under this Chapter. (b) Violations of the provisions of this Chapter can be prosecuted through any administrative board with authority to impose administrative fines and civil penalties for violations of the provisions of this Chapter, including the specific authority to order the City to abate any violation of this Chapter if a violation has not been corrected within a specified reasonable time as determined by the Municipal Code Enforcement Board or Special Magistrate, or through any supplemental method established under the Ordinance Code, Florida Statutes or common law. (c) Violations of the provisions of this Chapter may also be enforced by citations for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code. Unless otherwise specified, violations of the provisions of this Chapter shall be a Class D offense, as defined in Ch. 609 . (d) The City shall have the right to utilize any available method to obtain restitution for the cost of abating a nuisance under this Chapter to include, but not necessarily limited to, foreclosure of the lien, placing the special assessment on the tax roll pursuant to the uniform method of collecting non-ad valorem assessment, or holding the property owner personally responsible for the cost of abating the nuisance on his property. (e) Notwithstanding the above, the City shall also be authorized to obtain the assistance of the courts to remove, terminate or abate a public nuisance. In such cases, the Chief shall request and obtain legal representation from the Office of General Counsel, to commence and maintain the necessary action in the appropriate court to assist the Chief in carrying out its responsibilities under this Chapter. The action may encompass any or all of the following proceedings: (1) To make application for an injunction or restraining order, whether temporary or permanent, to prevent a person from maintaining any of the conditions declared under this Chapter to be nuisances. (2) To enjoin and abate the nuisance. (3) To compel the performance of any act specifically required of any person to remove, terminate or abate a public nuisance. (4) To authorize the City to remove the nuisance with City personnel or through a private contractor and to place a special assessment lien for the cost of removing the nuisance. (Ord. 96-458-297, § 1; Ord. 2004-429-E, § 22; Ord. 2007-286-E, § 8) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.