§ 12-161. Enforcement, penalties and proceedings for injunction.

(a)

Enforcement of this article shall be administered by the municipality in which the violation occurs. All persons in violation of this article shall address such violations immediately upon written notification by the appropriate municipal authorities. Violations shall be addressed by providing a written response to the authority issuing the notification, requesting approval of the temporary and permanent measures that will be taken to correct the violation and a proposed schedule for completion of each of the corrective measures.

(b)

Any person who violates any provision of this article may be issued a citation pursuant to Polk County Ordinance No. 92-32, the Polk County Citation Ordinance, as amended, or may be subject to prosecution before the codes enforcement board of the county or any municipality in which the violation occurs and shall be subject to the administrative fines and liens set forth in the applicable ordinance. Each day of noncompliance shall constitute a separate violation of the applicable ordinance.

(c)

Any person who violates any section of this article may be prosecuted and punished as provided by Section 125.69 of the Florida Statutes. Each day of the violation shall constitute a separate offense, punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment.

(d)

In addition to any fines which may be imposed by this article, persons responsible for a discharge which adversely impacts a receiving water shall be liable for all sampling and analytical costs incurred in monitoring the discharge, any state or federal fines imposed as a result of the discharge and the cost of removing or properly treating the discharge for complete restoration of the quality of all receiving waters to the extent in which they were impaired.

(e)

In addition to the remedies provided herein, the appropriate municipal attorney is authorized to make application in circuit court for an injunction restraining any person from violating, or continuing to violate, any provisions of this article. Such application for injunction may also seek entry of a court order requiring restoration and mitigation for any impacted land or waters.

(Ord. No. 93-06, Art. VII, § 7-1; Ord. No. 94-42, § 2, 8-16-94)