§ 109.03. Remedies and Enforcement Powers.

The City may use any of the following remedies and enforcement powers:

A.

Referral to Code Compliance Board: Violations of the LDRs may be referred to the City of Marathon Code Compliance Board for enforcement in accordance with Fla. Stat. ch. 162, and Chapter 10 of the City of Marathon Code of Ordinances.

B.

Referral to Florida Department of Environmental Protection: Violations of the LDRs may also be referred to the Florida Department of Environmental Protection.

C.

Referral to State Attorney's Office: Violations of the LDRs may also be referred to the State Attorney's Office.

D.

Citations: A citation may be issued for violations of the in accordance with Fla. Stat. ch. 162, and Chapter 10 of the City of Marathon Code of Ordinances.

E.

Withhold Permits and Approvals: The City may deny or withhold all permits, certificates or other forms of authorization on any land, or structure or improvements thereon:

1.

Upon which there is an uncorrected violation of a provision of the LDRs or of a condition or qualification of a development order, permit, certificate, approval or other authorization previously granted by the City; or

2.

That is owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of the LDRs or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City.

F.

Approval of Permits and Approvals with Conditions: Instead of withholding or denying a permit or other authorization, the official with authority to approve the permit or authorization may grant such authorization only if adequate assurances are in place to ensure correction of the violation and provided that granting the permit or authorization will not compromise the public health, safety or general welfare.

G.

Revoke Permits and Approvals: Any permit or other form of authorization required under the LDRs may be revoked by the City Council in accordance with Section 109.04, below.

H.

Stop Work:

1.

Whenever any portion of a building is being constructed, reconstructed, altered or repaired or any natural or historic resource is being altered in violation of the LDRs, the Code Compliance Director or any other qualified building or code inspector may order the work to be immediately stopped.

2.

The stop work order shall be in writing and directed to the person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

3.

Violation of a stop work order constitutes a misdemeanor.

I.

Forfeiture and Confiscation of Signs: Any sign installed or placed on public property, except in compliance with the regulations of Chapter 107, Article 6, "Signs" will be subject to forfeiture to the City and to confiscation. In addition to other remedies and penalties of this Section, the City has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.

J.

Legal Relief:

1.

The City may commence a civil action or proceeding to stop any violation of the LDRs or of a permit, certificate, plan or other form of authorization granted hereunder, to remove a violation, or to restore the Premises in question to the condition in which they existed prior to violation. The relief sought may include:

(a)

An injunction or other equitable relief;

(b)

A mandatory injunction requiring specific performance of the requirements of a site plan, landscaping plan, environmental remediation plan or any development order, approval or permit requiring specific site improvements as a remedy under the LDRs or as a condition of approval of such development order, approval or permit;

(c)

An order in the nature of mandamus or abatement;

(d)

A civil action in a court of competent jurisdiction to establish liability and to recover damages to property including animal, plant, and aquatic life, caused by any violation;

(e)

A judgment or order enforcing any requirement of, or under, the LDRs to pay a fee or reimburse or compensate the City, including when the City is required or authorized to take specified action at the expense of the Landowner; or

(f)

Any other judgment or order available under Florida law.

2.

It shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and a civil penalty that the City has failed to exhaust its administrative remedies, or has failed to hold an administrative hearing prior to the institution of a civil action.

K.

Consent Orders: The City Manager has the authority to enter into consent orders on behalf of the City of Marathon to settle Code violations, either before or after initiating formal enforcement action. The settlement may include a penalty amount different from the penalties provided by Code, including the payment of administrative costs and expenses. Proposed consent orders shall be reviewed by the City Attorney's Office prior to signature by the parties.

L.

General Penalties:

1.

Violation of the provisions of these regulations or failure to comply with any of the requirements, including violations of conditions and safeguards established in connection with grants of variance or special exceptions, may be punishable as provided by general law for violation of City ordinances.

2.

All monies collected related to surface waters, wetlands, strategic ecosystems or other regulated natural resources shall be deposited in an environmentally sensitive lands fund, hereby created, for the acquisition and management of environmentally sensitive lands.

3.

The City may seek such other penalties and remedies, and employ such other enforcement powers, as are provided by Florida law for violations of zoning, subdivision, sign, or related provisions.

K.

Appeals: A property owner or an aggrieved party as identified in by Fla. Stat. § 163.3215(2), may appeal any decision of the Director pursuant to Article 17 "Appeals" of Chapter 102.