§ 46-211. Enforcement; penalties.

(a)

Beginning March 1, 2017, the city shall engage in public education efforts to inform the public of the provisions of this article and to provide assistance with identifying alternatives to unencapsulated expanded polystyrene floating docks, floating platforms, and buoys.

(b)

Beginning September 1, 2017, the city shall provide for a six-month warning period through and including March 1, 2018, during which the code compliance department shall issue written warnings for violations of this article.

(c)

Beginning March 2, 2018, the code compliance department shall enforce the provisions in this article.

(d)

If a code compliance officer finds a violation of this article, except as otherwise provided during the warning period in subsection (b), the code compliance officer shall issue a notice of violation. The notice shall 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.

(e)

A violator who has been served with a notice of violation must elect to either:

(1)

Pay the following civil fine for an unencapsulated expanded polystyrene floating dock or platform:

a.

First violation within a 12-month period ..... $250.00;

b.

Second violation within a 12-month period ..... $1,000.00;

c.

Third or subsequent violation within a 12-month period ..... $2,000.00; or

(2)

Pay the following civil fine for an unencapsulated expanded polystyrene buoy:

a.

First violation within a 12-month period ..... $50.00;

b.

Second violation within a 12-month period ..... $100.00;

c.

Third or subsequent violation within a 12-month period ..... $250.00; or

(3)

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. 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. Applications for hearings 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.

(f)

Failure to pay the civil fine, or to timely request an administrative hearing before a special master, 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.

(g)

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. After three months following the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien for the amount of the lien plus accrued interest.

(h)

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. The special master shall not have discretion to alter the penalties prescribed in this article. Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction.

(Ord. No. 2017-4068, § 1, 1-11-17)