§ 12-135. Enforcement.

(a)

The provisions of this division, and the rules and regulations adopted herein shall be investigated and enforced by every police, sheriff or code enforcement officer having jurisdiction in the area governed by this division. In addition, the county manager may also delegate enforcement responsibility for this division to agencies and departments of Polk County government, or cities in the service areas governed by this division, in accordance with state and local law. Polk County sheriff deputies are also designated as code enforcement officers for purposes of enforcing provisions of this division.

(b)

If upon personal investigation, a code enforcement officer finds a violation of this division, the code enforcement officer shall issue a notice of violation to the person who causes the violation. Unless the code enforcement officer personally witnesses a person violating this division, the person who is listed as the account holder on the utility account shall be considered the violator of this division as the entity that controls the use of water resources on that property; or if the water is supplied by a private well system or other water service, then the property owner shall be considered the violator for the same reasons. The notice of violation shall be sent to the address that appears on the utility account. If no address appears on the utility account or if the water is supplied by a private well system or other water service, then the notice of violation shall be sent to the address on record with the Polk County property appraiser's office.

(c)

All notices of violation shall include:

(1)

The name(s) of the violator which may be referred to as respondent in the notice of violation.

(2)

The nature of the violation with reference to the section of this division.

(3)

The date and time the violation was observed.

(4)

The date the notice of violation was mailed.

(5)

The address or parcel ID of the property upon which the violation was observed.

(6)

The amount of the fine.

(7)

A conspicuous statement that the violator has thirty (30) days from the date in which the notice of violation was mailed, to either pay the stated fine or file a written request for hearing with the Polk County code enforcement special magistrate, such statement shall include the contact information for requesting a hearing or paying the stated fine. If such date falls on a Saturday, Sunday or county holiday, then the individual shall have until the end of the next business day which is neither a Saturday, Sunday, or county holiday to request a hearing or pay the stated fine. Payment of the fine or request for hearing to contest the citation shall be sent to the Polk County Utilities Technical Services Division Attn: Water Resource Enforcement Program unless another department or division is later delegated by the county manager to receive payment of fines or request for hearings. A person who fails to pay the civil penalty or file a written request for hearing with the Polk County code enforcement special magistrate within thirty (30) days from the date that the notice of violation was mailed, shall be deemed to have waived the right to contest the citation.

(8)

A statement that if a hearing is requested by the violator and the Polk County code enforcement special magistrate finds that a violation existed as stated in the notice of violation, the code enforcement special magistrate shall impose a fine in the amount stated on the notice of violation plus the county's costs of prosecuting the violation and authorize the county to record the order imposing the fine in public records if the amount owed is not paid within thirty (30) days of the date of the order. If the county records a certified copy of the order in public records, pursuant to Section 162.09, Florida Statutes, the lien shall constitute a lien against the land which the violation existed and upon any other real or personal property owned by the violator.

(d)

Upon failure of a person to pay the fine or request a hearing with the Polk County Code Enforcement Special Magistrate within the time allowed, the Polk County Code Enforcement Special Magistrate after the violator has received notice of a hearing may impose the fine stated in the notice of violation plus the county's costs of prosecuting the violation. Pursuant to Section 162.09, Florida Statutes, a certified copy of the order imposing the fine may be recorded in the public records and thereafter shall constitute a lien against the land which the violation existed and upon any other real or personal property owned by the violator.

(e)

Upon receiving a request for hearing, the Polk County utilities technical services division, water resources enforcement or other division or department delegated by the county manager to receive request for hearings, the department receiving the request shall coordinate with the Polk County code enforcement special magistrate office to set a hearing for the notice of violation. The violator shall be given notice of the hearing.

(f)

Unless otherwise stated, all notices of violations and hearings pursuant to this division shall first be attempted by certified mail. If the certified mailing is returned unsigned, then a notice of violation or hearing shall be posted in two (2) locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be posted on the first floor of the Polk County administrative building. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. Evidence that an attempt has been made to mail the notice as provided herein, together with proof of posting, shall be sufficient to show that notice requirements have been met, without regard to whether or not the violator actually received such notice.

(g)

Nothing contained herein shall prohibit the county from enforcing the provisions of this division through any other civil proceeding including without limitations seeking injunctive relief in the circuit court.

(Ord. No. 04-07, § 8, 2-18-04; Ord. No. 09-050, § 1(8), 7-22-09)