§ 12-136. Penalties and violations that are irreparable and irreversible in nature.

(a)

Violation of any provision of this division shall be subject to the following penalties:

(1)

First violation of this division by a person shall be a fine of fifty dollars ($50.00).

(2)

Second violation of this division by a person shall be a fine of two hundred dollars ($200.00).

(3)

Third and subsequent violations of this division by a person shall be a fine of five hundred dollars ($500.00).

(4)

A gross water waste violation that is irreparable or irreversible in nature by a person shall be a fine up to one thousand dollars ($1,000.00).

(b)

Gross water waste violations that are irreparable or irreversible in nature which shall include without limitations, a broken irrigation system and/or water pipe that allows water to flow from a broken sprinkler head, outdoor faucet, or other malfunctioning plumbing or irrigation system component or other water system malfunction that continuously disperses a high quantity of water shall be subject to the following provisions:

(1)

Upon discovery of a violation that is a gross water waste that is irreparable or irreversible in nature, a code enforcement officer in addition to sending a notice of violation pursuant section 12-135 of this division shall:

a.

Attach a notice of violation onto a florescent colored placard placed in a conspicuous location on the property subject to the violation;

b.

Place a notice of violation onto the door of the residence;

c.

Attempt to make contact with a resident of the property at the time violation is observed; and

d.

Attempt to contact the person at the phone number on record with the utilities account.

(2)

All notices for violations of a gross water waste that is irreparable or irreversible in nature shall include:

a.

In addition to the requirements of section 12-135(c), a conspicuous statement that the property contains a gross water waste violation that is irreparable or irreversible in nature and if the violator does not contact the county within twenty-four (24) hours at the phone number provided on the notice of violation, that the water to the property will be turned off until the county is contacted by the violator in order to avoid further gross water waste that is irreparable or irreversible in nature; and

b.

If the county is contacted by the violator and violator requests that the water remain on or to be turned back on without the violation being corrected, the county shall not turn the water off or if the water has been turned off, the county shall turn the water back on, and a code enforcement officer may immediately request a hearing with the code enforcement special magistrate for the purpose of finding that the violation is a gross water waste that is irreparable or irreversible in nature. If the code enforcement special magistrate finds that the violation is a gross water waste that is irreparable or irreversible in nature, the code enforcement special magistrate may impose a fine not to exceed one thousand dollars ($1,000.00). In addition to imposing a fine, the code enforcement special magistrate pursuant to Section 162.08, Florida Statutes, may issue an order having the force of law to command whatever steps are necessary to bring a violation into compliance. If the violator corrects the violation prior to a hearing being scheduled pursuant to this section, the fine for the violation shall be the applicable fine for a first, second, or third and subsequent violation.

(c)

A subsequent violation of this division shall not be written within three (3) days of a prior notice of violation being mailed to the violator.

(d)

If a person has not violated the provision of this division for twelve (12) consecutive months from the date of the previous violation, the next violation shall be considered that person's first violation.

(e)

When a water shortage declaration is not in effect, and during the initial stages of a water shortage or water shortage emergency, enforcement officials may provide violator with one written warning.

(Ord. No. 04-07, § 9, 2-18-04; Ord. No. 09-050, § 2(9), 7-22-09)