Sec. 656.162. - Penalty for failure to obtain a certificate of use.

(a) In addition to the penalties provided for in Section 656.111 , Ordinance Code, and Section 656.161 above, whenever the Municipal Code Compliance Division determines that a person or entity is operating a business without a certificate of use when one is required under this Subpart, the Chief of the Municipal Code Compliance Division may issue a notice of violation as provided herein to the owner of the property (and the tenant, renter or lessee if applicable), hereinafter referred to as the "alleged violator," stating that they have 30 days from receipt of the notice to correct the violation and submit a completed application for certificate of use, as determined by the Planning and Development Department. The notice of violation shall also state the ramifications for failing to comply with the notice of violation, which may result in a cease and desist order from the Municipal Code Compliance Division, which may be accompanied by an order to terminate electrical power from the Building Inspection Division if the continuation of the illegal use will endanger the public health, safety or welfare. The notice shall be mailed by certified or express mail or hand delivered to each alleged violator as shown by the public records of Duval County and shall also be mailed to any owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll. (b) If after the 30 days from receipt of the notice of violation, the alleged violator has not complied with the notice of violation and has not submitted a completed application for certificate of use, the Chief of the Municipal Code Compliance Division shall issue a cease and desist order to cease business operations, which may be accompanied by an order to terminate electrical power from the Building Inspection Division if the continuation of the illegal use will endanger the public health, safety or welfare, until a certificate of use is obtained. The cease and desist order shall also include a statement of the particular code violation(s) and detail the appeal mechanisms available to the alleged violator. (c) The cease and desist order may be contested upon appeal of such determination within five days of receipt by submitting a request to a Special Magistrate. The hearing shall be held within ten days as provided in Chapter 91 , Ordinance Code. After hearing evidence, the Special Magistrate may quash the cease and desist order (and order to terminate electrical power if applicable) or may continue the order(s) in effect. (d) The Special Magistrate shall issue his or her ruling on the same day that the hearing is held and the final order shall be effective as of that date. Upon entry of the final order, a copy of the Special Magistrate's decision shall be mailed to the parties by certified U.S. mail. The Special Magistrate's determination shall be the final action of the City and the affected party shall thereafter have any remedies available at law. (Ord. 2014-724-E, § 2; Ord. 2015-836-E , § 2)