§ 10-9. Keeping animals or vermin deleterious or harmful to public health or perilous to public safety prohibited, exceptions; penalties and enforcement.
(a)
Prohibitions. It shall be prohibited for any person to keep, harbor or maintain any animal or vermin whose natural actions and presence are or may be deleterious or harmful to the public health or that may imperil the public safety; provided, however, that this section shall not apply to circuses, carnivals or similar enterprises lawfully engaged in the exhibition of animals.
(b)
Penalties and enforcement.
(1)
Penalties; fines; license revocation. Upon a finding by the appropriate administrative official or agency that a violation of this section has occurred, the city shall initiate the following proceedings against the violator:
a.
If the violation is the first offense, a person or business shall receive a written warning;
b.
If the violation is the second violation within the preceding six months, a person or business shall receive a civil fine of $1,000.00;
c.
If the violation is the third violation within the preceding six months, a person or business shall receive a civil fine of $5,000.00; and
d.
If the violation is the fourth or subsequent violation within the preceding six months, a person or business shall receive a civil fine of $10,000.00, and the business tax receipt shall be revoked.
(2)
Enforcement. The code compliance department shall enforce this section. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws.
a.
If a violation of this section is observed, the enforcement officer shall be authorized to issue a notice of violation. The notice will inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten days after service of the notice of violation, and that the failure to appeal the violation within ten days of service shall constitute an admission of the violation and a waiver of the right to a hearing.
b.
A business shall be required to submit written verification to the city, with its business tax receipt ("BTR") application or yearly renewal, confirming that the business is in full compliance with the provisions set forth within this section.
(3)
Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special master.
a.
A violator who has been served with a notice of violation must elect to either:
1.
Pay the civil fine in the manner indicated on the notice of violation; or
2.
Request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten days of the service of the notice of violation.
b.
The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 30-73 of this Code. A request for the administrative hearing must be accompanied by a fee as approved by a resolution of the city commission, which shall be refunded if the named violator prevails in the appeal.
c.
If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request an administrative hearing before a special master, the special master may be informed of such failure by the code enforcement officer. The failure of the named violator to appeal the decision of the code enforcement officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly.
d.
A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the 61st day following the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien.
e.
Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction.
f.
The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten days of the service of the notice of violation.
g.
The special master shall not have discretion to alter the penalties prescribed in subsection (b)(1) herein.
(Code 1964, § 4-6.12; Ord. No. 2008-3604, § 5, 4-16-08; Ord. No. 2009-3646, § 1, 9-9-09; Ord. No. 2012-3750, § 1, 1-11-12; Ord. No. 2018-4200, § 1, 6-6-18)
Cross reference
Beaches generally, § 82-436 et seq.