§ 3-113. Penalties.


Latest version.
  • (a)

    Cease and desist orders.

    (1)

    The airport manager or his authorized representative may order any person to cease and desist any activities or conduct which is in violation of or in noncompliance with these airport's rules and regulations, minimum operating standards, standard operating procedures and/or operating directives.

    (2)

    The airport manager or his authorized representative may order any person(s) who knowingly fails to comply with a cease and desist order removed from or deny their access to the airport. An order of removal from or denial of access to the airport shall be issued by the airport manager or his/her authorized representative and written orders may be hand delivered or sent by certified mail to the person's last known address.

    (3)

    Any such order herein shall set forth the reasons for and dates on which removal or denial of access shall begin and end.

    (4)

    Upon receipt of any order herein, the recipient may submit, within ten (10) days of receipt of such order, a written request for review of said order to the airport manager. Such request shall be hand delivered or sent by mail, must be in writing, and shall specify all reasons why the order should be changed or modified, together with any written evidence or documentation in support thereof. Within ten (10) days of receipt of the request for review, the airport manager shall hand deliver or send by certified mail a written decision to the person requesting such review.

    (5)

    The airport manager's decision is final, unless within ten (10) days from the airport manager's decision, the person submits a written notice of appeal, by certified mail, to the chairman of the BOCC at 20 North Main Street, Brooksville, FL 34601. The notice of appeal must be received by the chairman at least thirty (30) days prior to the consideration of the appeal at a regularly scheduled meeting of the BOCC. The notice of appeal shall specify all reasons why the order should be changed or modified and copies of any evidence related to the order. The BOCC may receive any testimony they deem necessary at their meeting and will render a decision. The BOCC shall give the parties written notice of its decision by mail. The decision of the BOCC is final.

    (b)

    Removal of property.

    (1)

    Law enforcement may remove or cause to be removed from any restricted or reserved areas, any roadway or right-of-way or any other unauthorized area or structure at the airport, any property which is disabled, abandoned or which creates an operations problem, nuisance, security or safety hazard or which otherwise is placed in an illegal, improper, or unauthorized manner. Any such property may be removed, or caused to be removed, by law enforcement to an official impound area or such other area designated by the airport manager.

    (2)

    Any property impounded by the airport shall be released to the owner or operator thereof, upon proper identification of the property, provided that the person claiming it pays any towing, removal, and/or storage charges and any other accrued fees. The airport shall not be liable for any damage which may be caused to the property or loss or diminution of value which may be caused by the act of removal.

    (c)

    Remedies not cumulative. Nothing in the preceding sections is intended to preclude any authorized county personnel from taking any action mentioned above, together with any other action authorized in law or equity, or otherwise provided in any contract, lease, license, or agreement. All remedies herein may be exercised individually or severally and the use or exercise of any one (1) remedy or remedies is not intended to preclude the use or exercise of other remedies.

(Ord. No. 2016-3, § 2(Exh. B, § 8), 2-9-16)