§ 16.8. Enforcement, penalties, and proceedings.

A.

This section shall be administered by the town commission or its designee. All persons in violation of this section shall address such violations immediately upon written notification by the town. Violations shall be addressed by providing a written response to the town commission, requesting and outlining the temporary and permanent measures that will be taken to correct the violation and a proposed schedule for completion of each of the corrective measures. Proposals for corrective action are subject to the approval of the town commission or its designee.

B.

The town commission or its designee is authorized to issue cease and desist orders in the form of written official notices sent by registered mail to the person(s) responsible for the violation. Specific activities and operations may be ordered to be ceased based upon the following conditions:

1.

In a situation that may have a serious effect on the health, safety, or welfare of the public or the environment, including the operation of and quality of stormwater in the town's municipal separate storm sewer system.

2.

When irreversible or irreparable harm may result, in the opinion of the town commission or its designee, and immediate cessation of the activity is necessary to protect the public or the environment, including the operation of and quality of stormwater in the MS4.

C.

Any person who violates any part of this section may be prosecuted and punished as provided by F.S. § 125.69 or F.S. ch. 162. Each day of the violation shall constitute a separate offense, punishable by a fine not to exceed $500.00 or by imprisonment in the town jail not to exceed 60 days, by both such fine and imprisonment to the limits as set forth in F.S. § 125.69, or if enforcement is pursued under F.S. ch. 162, the fines shall be as set by the town commission.

D.

In addition to any fines which may be imposed by this section, persons responsible for a discharge which adversely impacts a receiving water shall be liable for all sampling and analytical costs incurred in monitoring the discharge, any state or federal fines imposed as a result of the discharge, and the cost of removing or properly treating the discharge for complete restoration of the quality of all receiving waters to the extent in which they were impaired.

E.

In addition to the remedies provided herein, the town is authorized to make application in a court of appropriate jurisdiction for an injunction restraining any person from violating, or continuing to violate, any provisions of this section. Such application for injunction may also seek entry of a court order requiring restoration and mitigation for any impacted land or waters.

F.

The town may elect any or all of the above remedies concurrently, and the pursuance of one shall not preclude the pursuance of another, or any other remedy allowed by law.

G.

Any fines or other funds received as a result of enforcement under this section which are not used for specific purposes set forth in this section shall be deposited in the town's general fund.

(Ord. No. 11-01, § 2, 1-10-2011)