§ 11.06.02. Procedure Upon Discovery of Violation  


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  • A.

    This section is not applicable to any notice of violation, citation, order or determination made by a Code Inspector, as defined in this Code and in the Board of County Commissioners' Policies. However, all notices of violation, citations, orders and determinations made by a Code Inspector must comply with F.S. Ch. 162, as amended, and Hillsborough County Ordinance #05-5, as amended.

    B.

    Notice of Violation

    Upon the determination that any provision of this Code is being violated, the Administrator shall send a written notice by registered mail or by hand delivery to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Administrator's discretion.

    C.

    Contents of Notice

    The written notice shall state the action the Administrator intends to take, if the violation is not corrected, and shall advise that the Administrator's order may be appealed pursuant to 10.05.01, unless otherwise provided by this Code.

    D.

    Time to Correct Violation

    Upon receipt of the notice of violation, the person(s) responsible or liable for the violation shall have 15 calendar days to correct the violation. The Administrator may grant one ten-calendar day extension if, in the Administrator's judgment, substantial progress toward correction of the violation is evident and additional time is necessary.

    E.

    Cure by Zoning Action

    If the violation is of a nature that it can possibly be corrected by a zoning action, including but not limited to a zoning interpretation, modification of a Planned Development, an Official Zoning Atlas amendment or through the granting of a variance, the Administrator is authorized to suspend enforcement actions pending the outcome of such proceedings provided that the person(s) responsible for the violation formally file the appropriate application forms, including all necessary support documentation, with the Planning and Growth Management Department. If the outcome of the requested zoning action does not remedy the violation, the person(s) responsible for the violation shall have 15 calendar days to correct the violation, unless granted an extension by the Administrator as set forth above.

    F.

    Exception to Notice Requirement

    In cases where delay would seriously threaten the effective enforcement of this Code or pose a danger to the public health, safety, or general welfare, the Administrator may seek enforcement without prior written notice by invoking any of the remedies contained in this Code or otherwise provided by law.

(Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 08-15, § 2, 6-12-08, eff. 10-1-08)