§ 1-17. Violations of conditions; penalties and other remedies.

(a)

For the purposes of this section:

(1)

Condition of approval means a requirement imposed by the Development Review Commission, Community Planning and Preservation Commission, or the City Council, or other board or commission of the City having authority to approve development orders, or by the Mayor or City Administrator or POD, as a condition of approval of a development order.

(2)

Development order shall have the meaning set forth in F.S. § 380.031. Without limiting the generality of this definition, the term includes but is not limited to the approval of a variance, site plan, special exception, rezoning, vacation of a right-of-way, building permit, or other permit allowing the development of land.

(3)

Property owner means "owner" as defined in section 1-2. The term also includes an applicant or other agent acting for the owner in an application for approval of development of the land, and the owner's heirs, assigns, and successors in title and interest. The term also includes a tenant or other person in possession of the land when it can be demonstrated that the tenant or other person in possession violated this section; provided, however, that a violation of this section by a tenant or other person in possession shall not relieve the owner, having notice of such violation, from any penalty that may be imposed pursuant to this section.

(b)

The failure of a property owner to comply with a condition of approval of a development order shall be deemed a violation of this section. Provided, however, that this shall not apply to a property owner until such time that the work for which the development order was issued has been commenced, except in those cases where a condition of approval was the removal or correction of one or more conditions which pose a threat to public health and safety (such as, but not limited to, a requirement to remove inoperative motor vehicles), in which case the obligation to remove or correct such conditions shall apply at the time the development order is issued or at such time that the development order may specify.

(c)

The failure by a property owner to continue to comply with a condition of approval, after initially complying with the condition of approval, shall be deemed a violation of this section.

(d)

In the event the POD finds that there is a violation of this section, the City may take such action as is reasonably necessary under the circumstances to compel performance and remedy the violation, including but not limited to:

(1)

Revoking the development order, or declaring the development order to have expired;

(2)

Withholding the issuance of certificates of occupancy for improvements to the property constructed pursuant to the development order;

(3)

Drafting on or calling any cash bond or letter of credit furnished as security for the performance of the condition and completion of any required improvements, with any costs exceeding the amount received from the bond or letter of credit to be borne by the owner;

(4)

Initiating and prosecuting ordinance violation cases before the code enforcement board or in county court, or both; and

(5)

Initiating other civil litigation to compel enforcement of the conditions.

(e)

The pursuit of a remedy pursuant to this section shall not preclude the pursuit of any other remedy under this section or otherwise.

(Code 1992, § 1-18; Ord. No. 743-G, § 1, 8-25-2005; Ord. No. 100-H, §§ 1, 5, 12-19-2013)