§ 2. Enforcement; Remedies; and Penalties.

A.

Enforcement: Personnel of the county in the performance of their assigned duties or functions to enforce the county's land development regulations and/or this zoning ordinance may enter upon any property during normal work hours of the county and make examination to determine code compliance that do not occasion damage or injury to private property or otherwise impair private property or personal rights.

B.

Remedies:

(1)

The administrative official may issue notice to all violators of this zoning ordinance and shall order that such violations cease.

(2)

The governing body may also authorize any appropriate officer, bureau, department or agency to disconnect utilities serving the premises in violation to the extent not inconsistent with applicable state law.

(3)

If necessary, the governing body, or any appropriate official of the governing body, may institute appropriate action in a court of competent jurisdiction to enjoin any violation of the county's land development regulations and/or this zoning ordinance. .

(4)

In addition, any violation hereunder may be prosecuted as described in Chapter 2, Article III of the Hernando County Code of Ordinances, as amended or renumbered from time to time.

C.

Penalties: Any violation of the county's land development regulations and/or this zoning ordinance may be prosecuted as follows:

(1)

Whenever in the county's land development regulations and/or this zoning ordinance any act is prohibited, or is made or declared to be unlawful, or an offense; or whenever in such regulation the doing of any act is required, or the failure to do any act is declared to be unlawful, then such act or failure to act shall be deemed a misdemeanor for the purposes of this zoning ordinance.

(2)

Each violation hereunder shall be deemed a separate offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In assessing fines hereunder, the special master may consider whether the violator has been convicted of or pleaded guilty to prior violations of the county's land development regulations or this zoning ordinance, respectively.

(3)

If any of the fines or penalties enumerated herein are invalidated by a court of competent jurisdiction such invalidation shall be severable from the rest of the provisions in this zoning ordinance and such invalidity shall not extend to any other provision of this zoning ordinance including the statutory penalty for violation of county ordinances.

(4)

If any of the fines or penalties enumerated herein are invalidated, then the statutory penalty for violation of county ordinances shall be deemed to automatically apply to any violation of this zoning ordinance and in any event the court shall have the absolute right and discretion to impose the fines on penalties, or both provided for in the statutory provision for violation of county ordinances instead of the fines and penalties provided for herein.

(Ord. No. 2008-05, § XXVII, 2-26-08)