Title 19 · Chapter 19 - FIRE PROTECTION
Enforcement, procedure; remedies
Section: 19-22
(a)
It shall be unlawful for any person to violate or to permit, allow, let or suffer any violation of any of the provisions of this chapter, and/or the Florida Fire Prevention Code, as all of same may be amended from time to time; any condition, limitation or restriction which is part of a permit issued pursuant to this chapter or the Florida Fire Prevention Code, as all of the same may be amended from time to time; lawful orders of the city's chief fire code enforcement official, or designee thereof, and consent agreements. In addition to any other judicial or administrative remedies provided by this chapter or by the Florida Fire Prevention Code, the city's chief fire code enforcement official, or designee thereof, shall have the following judicial remedies:
(1)
To institute a civil action in a court of competent jurisdiction to seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance with or prohibit the violation of any of the provisions of this chapter or of the Florida Fire Prevention Code, as all of same may be amended from time to time; any lawful order of the city's chief fire code enforcement official, or designee thereof, any condition, limitation, or restriction which is part of a permit issued pursuant to this chapter or the Florida Fire Prevention Code, as all of same may be amended from time to time; or any consent agreement.
(2)
To institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty in an amount of not more than $25,000.00 for each violation of: any of the provisions of this chapter or of the Florida Fire Prevention Code, as all of same may be amended from time to time; any lawful order of the city's chief fire code enforcement official, or designee thereof; any condition, limitation, or restriction which is part of a permit issued pursuant to this chapter or the Florida Fire Prevention Code, as all of same may be amended from time to time; or any consent agreement.
(3)
To institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief to recover any sums expended and costs incurred for:
a.
Tracing, investigating, preventing, controlling, abating or remedying violations of this chapter or the Florida Fire Prevention Code, as all of same may be amended from time to time; or any lawful order of the city's chief fire code enforcement official, or designee thereof, or any condition, limitation, or restriction which is a part of a permit issued pursuant to this chapter or the Florida Fire Prevention Code, as all of same may be amended from time to time; or any consent agreement.
b.
Restoration of the air, water, property, animal life, aquatic life and plant life within the city to their former condition due to any violation of this chapter, the Florida Fire Prevention Code or any lawful order of the city's chief fire enforcement official, or designee thereof, or any condition, limitation or restriction which is part of a permit issued pursuant to this chapter or the Florida Fire Prevention Code as all of same may be amended from time to time.
(b)
Each day during any portion of which such violation occurs or continues to occur constitutes a separate violation. The right of trial by jury shall be available in any court of competent jurisdiction as provided by law.
(Ord. No. 10824, § 2, 1-10-91; Code 1980, § 19-22; Ord. No. 13201, § 2, 9-27-10)