§ 8-37. Passage of four years a bar to prosecutions.

(a)

All prosecutions before the code compliance special magistrate shall be initiated within four years of the occurrence of the event complained of or be forever barred. For the purpose of this section, the term "initiated" means the filing of a notice of violation, issuance of a notice to appear, or issuance of a civil citation by the code compliance department. Except, however, that this section shall not bar the initiation of a prosecution before the code compliance special magistrate based on the following:

(1)

The unlawful construction of a structure below the base flood elevation level or the minimum standards of use of a below base flood elevation structure as outlined in 44 CFR.

(2)

Determination by the building official or his/her authorized designee of an unsafe building, structure or system as provided in Chapter 6, Section 6-27 of the Code.

(b)

After the effective date of the ordinance from which this section is originally derived, any violation of this section, the vacation rental ordinance, a special vacation rental permit or permit conditions, shall be considered a new violation. Previous vacation rental leases or uses or the failure to bring enforcement against vacation rental violations pre-dating this section shall not act as laches or a bar to enforcement actions brought for new violations occurring after the effective date of the ordinance from which this section is derived.

(c)

Occupancy agreements for RV spaces for a period of six months or more in duration by an individual RV owner within a particular RV park, other than in a designated storage area, shall be discontinued and shall not be entered into or renewed after the effective date of the ordinance from which this section is originally derived. Each lease, sublease, assignment or other occupancy agreement for RV spaces of six months or more in duration in a particular RV park, other than in a designated storage area, shall be considered a new violation. Previous leases or agreement for occupancy or storage of recreation vehicles on RV spaces within a particular RV park, other than for storage in a designated storage area, shall be discontinued and not be renewed, extended or act as laches or bar enforcement actions brought for new violations occurring after the effective date of the ordinance from which this section is derived.

(Code 1979, § 6.3-14; Ord. No. 50-2000, § 3; Ord. No. 031-2010, § 3 ; Ord. No. 022-2011, § 2 )