§ 106. Enforcement, Violations, and Penalties.

106.1.   Purpose and Intent.

This Section is intended to establish enforcement responsibilities, define Code violations and provide penalties for violations.

A.

Authority. In conducting investigations of suspected or known violations, the Department Director or designee shall have the authority, where otherwise lawful, to inspect property, obtain the signed statements of prospective witnesses, photograph violations, and do such other gathering of evidence as is necessary for the complete investigation of a violation.

B.

Responsibility. The provisions of this Code, any local Codes or Ordinances, or other Codes, Statutes, Regulations as allowed by law may be enforced by the Department Director or designee.

C.

Initiation. Investigations of violations under this Section shall be initiated by the Department Director or designee upon a complaint provided by any person, County official or employee, or upon direction of the Board of County Commissioners.

(Ord. No. 16-24 , § 3(Exh. A-1), 11-15-16)

106.2.   Violations.

A.

Definition. In this section "violation of this Code" means:

1.

Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;

2.

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or

3.

Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

In this section "violation of this Code" does not include the failure of a County officer or County employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this Section.

B.

Persons in Violation. Any person whether owner, lessee, principal, agent, employee, occupant of any land or part thereof, and any architect, builder, contractor, agent or other person who participates, assists, directs, creates or maintains any situation that: (a) violates any provision of this Code, (b) permits any such violation, (c) fails to comply with any of the provision or requirements hereof, including any conditions, stipulations, or safeguards attached to any permit, variance, or other such final authorization or approval hereunder, or (d) who erects, constructs or reconstructs any building or structure, or uses any land in violations of any written statement or plan submitted and approved pursuant to this Code, shall be in violation of this Code.

1.

Any person(s) in violation of this Code shall be held responsible for due violation and be subject to the penalties and remedies provided herein. Such person(s) upon conviction shall be subject to punishment as provided by law.

2.

Each and every person who commits, participates in, assists in, or maintains such violation may individually be found guilty of a separate offense. Each day that such violation continues to exist shall constitute an additional and separate offense.

3.

Any structure or lot erected, constructed, altered, occupied or used contrary to any provisions of this Code and all other applicable codes, stipulations, conditions, approvals and variances shall be declared to be unlawful.

106.3.   Enforcement.

A.

Remedies. The Board of County Commissioners or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to insure compliance with the provisions of this Code, including injunctive relief to enjoin and restrain any person violating the provisions of this Code, and any rules and regulations adopted under this Code, and the court shall, upon proof of the violation of the Code, have the duty to forthwith issue such temporary and permanent injunctions as are necessary to prevent the violation of the Code.

B.

Penalty. Any person violating the provisions of this Code or who shall fail to abide by and obey all regulations and orders adopted under this Code shall be punished as provided in Section 106.4. Each day that the violation shall continue shall constitute a separate violation.

106.4.   Penalties.

A.

General Penalty. Except as otherwise provided by law or ordinance, violations of any provision of specific sections of this Code may be enforced as provided in Chapter 162, Florida Statutes, and the Manatee County Code of Ordinances. Each day that any violation of this Code continues shall constitute a separate offense.

1.

The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise, the imposition of civil fines or other administrative actions.

2.

Violations of this Code that are continuous with respect to time may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief.

B.

Stop Work Order. The Department Director may issue a Stop Work Order on a premises, lot or parcel that is in alleged violation of any provision of this Code, or is being done in a dangerous or unsafe manner. A Stop Work Order may be issued in place of or in conjunction with the actions and procedures identified in this Chapter. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Department Director shall not be required to give a written notice prior to stopping the work. Upon receipt of a Stop Work Order, all work associated with the violation shall immediately cease. Any person, whether owner, lessee, principal, agent, employee, or other person who continues to work shall be in violation of this Code and upon conviction, may be punished as provided by law. The issuance of a Stop Work Order may be appealed in accordance with Chapter 3, Part X, Appeals, for Land Development Code matters and the Construction Code Board of Appeals for Building Code related matters, by any aggrieved person. An inspection fee shall be paid before any reinspection is conducted. Stop Work Orders may be issued by the Department Director pursuant to the Manatee County Building Code.

(Ord. No. 16-24 , § 3(Exh. A-1), 11-15-16)

106.5.   Other Remedies Preserved.

The foregoing provisions shall not be construed to preclude initiation by the County at any time of any lawful civil action or criminal action relating to the violation of a County ordinance upon authorization by the Board of County Commissioners, nor to preclude the operation of any other enforcement procedure.