§ 26-112. Penalties; enforcement procedure.

(a)

Criminal offense. Violations of this section may be prosecuted in the name of the State of Florida by the prosecuting attorney thereof as more fully set forth in F.S. § 125.69(1). Any person or entity found guilty of violating this section may be sentenced to up to 60 days in jail, or fined in an amount of up to $500.00, or be subject to both imprisonment and fines.

(b)

Civil offense. Violations of this section may be prosecuted by Monroe County and by any municipality located within the county, as provided for in F.S. ch. 162 and Monroe County Code, chapter 8 or pursuant to the pertinent municipality's code compliance ordinances, administratively, at law, and in equity, as may be necessary to enforce compliance with this section, and to collect damages in the form of fines authorized by law.

(1)

For any violation under this section, Monroe County may initiate code compliance proceedings pursuant to Monroe County Code, chapter 8 and F.S. ch. 162.

a.

County authority to dismantle, remove, or cover offending off-premises marine signs, vessels, and floating structures. Monroe County may, pursuant to F.S. ch. 162 and Monroe County Code, chapter 8, take steps to cover, or remove and or dismantle an off-premises marine sign, vessel, or floating structure held in violation of this section, to store it in a location where said sign, vessel, or floating structure is not in view of the overseas highway, and to make arrangements to return said off-premises marine sign, vessel, or floating structure to the rightful owner, upon the owner's payment of all reasonable costs associated with said covering, removal, and/or dismantlement.

(2)

For violations under this section, each municipality within the county may initiate code compliance proceedings pursuant to its own respective code compliance or code enforcement ordinances and F.S. ch. 162.

a.

Municipal authority to dismantle, remove, or cover offending off-premises marine signs, vessels, and floating structures. Each municipality within the county may, pursuant to its own respective code compliance ordinances and F.S. ch. 162, take steps to cover, or remove and/or dismantle an off-premises marine sign, vessel, or floating structure held in violation of this section, to store it in a location where said sign, vessel, or floating structure is not in view of the overseas highway, and to make arrangements to return said off-premises marine sign, vessel, or floating structure to the rightful owner, upon the owner's payment of all reasonable costs associated with said covering, removal, and or dismantlement.

(c)

Any federal and state law enforcement agency may enforce this section pursuant to duly enacted federal or state enabling legislation to criminally or civilly enforce violation(s) of this section, and may by administrative rule or regulation enact its own authorized method(s) of criminally or civilly prosecuting violation(s) of this section.

(1)

Federal and state authority to dismantle, remove, or cover offending off-premises marine signs, vessels, and floating structures. In accordance with duly enacted statute(s), rule(s), or regulation(s) enabling a federal or state agency to undertake such enforcement and/or prosecutorial action, federal and state law enforcement agencies may take steps to cover, or remove and/or dismantle an off-premises marine sign, vessel, or floating structure held in violation of this section, to store it in a location where said sign, vessel, or floating structure is not in view of the overseas highway, and to make arrangements to return said off-premises marine sign, vessel, or floating structure to the rightful owner, upon the owner's payment of all reasonable costs associated with said covering, removal, and/or dismantlement, in accordance with such enabling statute(s), rule(s), and regulation(s).

(d)

Injunctive relief. The county attorney and the attorney(s) for each municipality within the county are authorized to immediately seek injunctive relief to enjoin activities, construction, maintenance, practices, repairs, and/or uses in violation of this section by motion for emergency, preliminary, and permanent injunction, including by ex parte motion, and/or other forms of equitable relief, from a court of competent jurisdiction, upon presentation of prima facie evidence of a violation of this section to said court.

(e)

Units of prosecution. Each individual prohibited off-premises marine sign that is displayed may be prosecuted as a separate offense. Each day that a prohibited off-premises marine sign is displayed constitutes a separate irreparable or irreversible offense.

(f)

Joint-and-several liability. All owner(s), part owner(s), joint owner(s), tenant(s)-in-common, tenant(s) in partnership, joint tenant(s), tenant(s) by the entirety, and holder(s) of legal or beneficial title to or interest in an offending off-premises marine sign, or in an offending vessel or floating structure, held in violation of this section, shall be jointly-and-severally liable with respect to any legal or equitable judgment or relief obtained by a federal or state agency, the State of Florida, the county, or municipality within the county.

(g)

Costs. Any court of competent jurisdiction, the county code compliance special magistrate, and the code compliance special magistrate(s) of each municipality within the county, are authorized to impose against the violator(s) of this section any costs associated with the removal, dismantlement, and/or covering of any offending off-premises marine sign(s), vessel(s), or floating structure(s), held in violation of this section.

(h)

No waiver or estoppel. It being that Monroe County, the State of Florida, federal and state law enforcement agencies, and municipalities authorized herein possess discretion to enforce this section, such local governments' or state or federal enforcement agencies' delay or failure to enforce any provision contained in this section, however long continued, shall not be deemed a waiver or estoppel of the right for the local government or state or federal enforcement agency to enforce this section at any time thereafter.

(i)

The Monroe County Marine Resources Office is authorized to contract on an on-call basis with at least one marine salvage company to assist with the expeditious covering, dismantling and/or removal of offending off-premises marine signage, vessels, or floating structures held in violation of this section. The marine resources office is authorized to remove offending off-premises marine signage, vessels, or floating structures pursuant to said contract(s).

( Ord. No. 006-2017 , § 3, 6-21-2017)