Ordinance 99-73 - Laserfiche WebLink

Home Browse Search

and payable upon expenditure by the City and shall become delinquent if not paid within thirty (30) days after receipt by the violator of a department's bill itemizing the enforcement costs incurred in enforcing the provisions of this Code (the "due date"). All such delinquent sums shall bear interest at the rate of twelve percent (12%) per annum. (4) In addition to the foregoing, any person who violates a provision of this Code or any lawful rule, regulation or written order promulgated under this Code is subject to the judicial imposition of a civil penalty for each offense of an amount not to exceed five thousand dollars ($5,000.00) per offense. In assessing the penalty, the court may receive evidence in mitigation. Each during any portion of which a violation occurs constitutes a separate offense. (5) Upon the rendition of a judgment or decree by any of the courts ofthis State against any person and in favor of the City in any action to enforce compliance with or prohibit the violation of the provisions of this Code, the court shall adjudge or decree against that person and in favor of the City, a reasonable sum as fees or compensation for the attorney acting on behalf of the City in the suit in which recovery is had. Such fees or compensation shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions filed after the effective date of this ordinance. Cessation of the violation of any of the provisions of the Code prior to rendition of a judgment or prior to execution of a negotiated settlement, but after an action has been filed by the City to enforce the provisions of this Code, shall be deemed for the purposes of this section, the functional equivalent of a confession of judgment or verdict in favor of the City, for which attorney's fees shall be awarded as set forth in this section. (6) Nothing in this section shall be construed to permit or require the City to bring an action on behalf of any private person. Section 2. Severability. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. Inclusion in the Code. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall be included in the Code of the City of Sunny Isles Beach. The sections of this ordinance may be renumbered or re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section" "article," or other appropriate word. Section 4. ReJ>ealer. All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Penalty for Code Violation ... -2-