§ 28-301. Enforcement and penalty provisions.

(a)

Any person violating any of the provisions of this article shall be prosecuted as described in Chapter 2, Article III as amended from time to time. Each incident or separate occurrence of any act that violates this article shall be deemed a separate offense. In addition to the penalties provided under this section, violators of this article shall be subject to any other appropriate civil or criminal action provided by law in a court of competent jurisdiction, including, but not limited to, injunctive relief and code enforcement under Chapter 162, Florida Statutes.

(b)

For any violation of a franchise or this article or any written rule of the board or of the authority under this article, not otherwise specified in this article, the authority may assess an administrative penalty not exceeding five hundred dollars ($500.00), which may be collected in civil court of law of competent jurisdiction. Each day of a violation continues may be considered as a separate violation.

(c)

For any refusal to comply with or willful violation of any rule, order of the board or the authority, or of this article, the authority may amend, suspend or revoke any franchise certificate issued by it. Each day that such refusal or violation continues shall constitute a separate offense.

(d)

Whenever any filing requirement of any utility, including all required accompanying documentation are not filed within the applicable prescribed time period, the utility shall be notified of the delinquency by certified mail or other means of actual delivery. If the notice of delinquency has been received by the utility, or within lesser time as specified in the notice, the authority may conduct an independent audit of the book and records of the franchise to determine the amount of the fee that is due, or may calculate the fee by projecting the fee from the utility's previous most recent experience. If the county calculates any such fees because the utility has not done so in a prompt and complete manner, the utility shall be liable for all applicable late charges plus all of the county's costs, including attorney's fees, cost of collection and costs of legal action(s) to enforce collection.

(e)

Any utility, officer, agent, or employee, or other person convicted under the provisions of this article shall pay, to the fullest extent allowed by the law, all costs and expenses involved in that case.

(f)

Any penalty authorized and established pursuant to this article shall be a lien upon the real and personal property of the utility, enforceable by the authority as a statutory lien under F.S. ch. 85.

(g)

The county may take such other lawful action in any court of competent jurisdiction as the county deems necessary to prevent or remedy any refusal to comply with, or any violation of, this article and/or any rule or order of the board or the authority. such actions may include and shall not be limited to an equitable action for injunctive relief, or any action at law for damages or other relief or remedy.

(h)

Notwithstanding the enforcement and penalty provisions of this section 28-301, any violation of federal or state law, which is also a violation of this article, may be prosecuted under the applicable federal or state law.

(Ord. No. 2002-20, § 11, 10-8-02; Ord. No. 2004-09, § 14, 7-13-04)