§ 11.06.05. Other Remedies

A.

Generally

The Administrator or the Board of County Commissioners may have recourse to such other remedies in law and equity as may be necessary to ensure compliance with the provisions of this Land Development Code.

B.

Available Remedies

The remedies available shall include the following:

1.

Injunctive relief to enjoin and restrain any person from violating the provisions of the Land Development Code and recovery of damages for such violation.

2.

Prosecution by the State Attorney's Office as provided by Section 125.69, Florida Statutes, as amended.

3.

Prosecution before the Hillsborough County Code Enforcement Board.

4.

Revocation of any permit or changing the conditions of any permit granted under the Land Development Code.

5.

Withholding the issuance of any Construction Plan approval, Building Permit, Certificate of Occupancy, or inspection by the County.

6.

Requiring the restoration of a protected tree(s) by the property owner or other responsible party with a monetary value as established by application of the International Society of Arboriculture Shade Tree Formula. This remedy shall be appropriate for the replacement of trees measuring nine inches DBH and larger.

7.

Requiring restoration by the property owner or other responsible party of any vegetation removed in violation of the Natural Resources or Landscaping Regulations or violation of any permit issued under the Natural Resources or Landscaping Regulations. Vegetation removed may be determined by surveys, field inspections, aerial interpretation and comparisons by undertaking random sampling techniques on abutting properties containing vegetation of similar type. Restoration shall require the following:

a.

Understory vegetation for natural plant communities shall be replaced on an in kind, one for one basis. Vegetation planted in accordance with this requirement shall be replaced if it dies within two years from the time of planting; and/or

b.

Inch for inch restoration of trees measuring five inches DBH and larger with a native tree or trees of similar canopy potential. These trees must be of sufficient number to total the DBH of the tree(s) removed. Restoration trees shall meet the specifications as defined in Division 7.3 (Definitions). Restoration trees in accordance with this requirement shall be replaced if the tree(s) dies within two years after planting; and/or

c.

The contribution of funds to the Environmental Restoration Fund to restore vegetation removed in violation of the Natural Resources Regulations. The amount to be contributed shall be identified in an agreement signed by the contributing party and the Administrator or his designee.

8.

Any sign erected or maintained in violation of this Code, or erected in violation of any previously existing ordinance, may be removed by the building official or his designated agent, at the expense of the owner, agent, or lessee of the sign or the property owner upon which the sign is located; provided however, that the building official has first given seven days written notice, by certified mail or hand delivery, to said person, of the violations charged which notice shall be in the following form:

YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING VIOLATIONS OF THE HILLSBOROUGH COUNTY SIGN ORDINANCE HAVE BEEN DISCOVERED: YOU HAVE SEVEN DAYS FROM RECEIPT OF THIS NOTICE TO CORRECT ALL ABOVE VIOLATIONS. ONCE CORRECTED, YOU SHALL CALL THE DEVELOPMENT SERVICES DIVISION AND ARRANGE FOR AN INSPECTION OF THE PARCEL. IF YOU BELIEVE THAT AN ERROR HAS BEEN MADE, YOU MAY FILE AN APPEAL WITH THE DEVELOPMENT SERVICES DIVISION, WITHIN SEVEN DAYS OF RECEIPT OF THIS NOTICE. PLEASE BE ADVISED THAT HILLSBOROUGH COUNTY MAY REMOVE THE OFFENDING SIGN AT THE EXPIRATION OF THE SEVEN DAY PERIOD OF THE VIOLATIONS HAVE NOT BEEN CORRECTED. ALL COSTS FOR SUCH REMOVAL, SHALL BE CHARGED TO THE OWNER, AGENT OR LESSEE OF THE SIGN OR THE OWNER OF THE PROPERTY UPON WHICH THE SIGN IS LOCATED.

No sign shall be removed pursuant to the authority granted in this Code until such a time as all appeals, which have been properly and timely filed, have been exhausted.

9.

Requiring replacement by the permit holder of any trees removed in violation of any permit issued under the land excavation regulations. Replacement trees shall be of sufficient size and quality to replace the DBH inches removed. At the time of planting a replacement tree shall have a minimum height of six feet and shall be Florida Grade #1 or better (State of Florida grades and standards for nursery plants).

10.

Revocation of any permit or changing the conditions of any permit granted under the land excavation regulations pursuant to the following procedures:

a.

The Board shall hold a public hearing to consider revocation of a permit or a change in permit conditions. At least 15 calendar days prior to the hearing, notice of public hearing shall be provided to the permittee by registered mail or hand delivery, and shall be posted in a conspicuous location on the land excavation site.

b.

At the public hearing the Administrator shall present specific evidence showing the conditions which have been violated and/or the actions causing damage to surrounding properties.

c.

The permittee shall be given an opportunity to rebut this evidence.

d.

The public shall have an opportunity to present relevant statements and evidence.

e.

During the public hearing the Board shall consider those factors in which would be considered in its review of a land excavation application as they relate to any violation under consideration.

f.

At the conclusion of the public hearing, the Board shall determine whether a violation has or has not occurred.

g.

Upon finding that permit conditions and/or division requirements have been violated and/or that the land excavation operation is causing damage to surrounding properties, the Board may revoke the permit or impose revised permit conditions.

11.

With regard to the phosphate mining regulations, failure of any dam, spillway or other outlet structure of a settling or thickening pond resulting in degradation of the quality of any waters outside the permittee's property shall subject the permittee to a civil penalty to be paid to the County in an amount equal to the amount of actual damages done and/or the actual amount required to reclaim the affected area.

12.

With regard to the phosphate mining regulations, failure of a permittee to have completed reclamation of any lands as required at the conclusion of any reporting year shall subject the permittee to a civil penalty to be paid to the County in an amount equal to the actual amount required to reclaim the lands involved.

13.

In addition to the penalty provided for violation of County Ordinances in Section 125.69 Florida Statutes, adult bookstores, adult theaters, special cabarets, physical culture establishments or adult photographic or modeling studios not in conformity with the requirements of this section are declared to be nuisances and the Administrator or its successor is authorized to bring appropriate civil action in the court of appropriate jurisdiction for their abatement.