§ 8-15. Material Violations of the Florida Building Code; Definition; Fines and Penalties.

(a)

Upon a determination by the Building Official, or his or her designee, that a licensee, certificate-holder or registrant licensed under F.S. Chapters 455, 471, 481 or 489 has committed a material violation of the Florida Building Code and failed to correct the violation within the time set forth in the notice provided for in this Section, the Building Official shall impose a fine as provided below.

(b)

Upon a finding of a material violation the Building Official, or his or her designee, shall issue a Notice of Material Code Violation, identifying the violator or violators, specifying the nature of the violation and providing a reasonable time for correction. The time for correction shall be established by the Building Official upon an evaluation of the following factors:

(1)

The likelihood and immediacy of physical harm to persons and/or property.

(2)

The likelihood and immediacy of significant damage to the performance of a building or its systems.

(3)

The nature and extent of the required corrections.

(4)

Any prior notices of the deficiencies constituting the violation.

(c)

The Notice of Material Code Violation shall also provide that the violation may be disputed by appropriate notice directed to the Building Official.

(d)

The Notice of Material Code Violation shall be posted in the structure and shall be mailed to each violator at the address which appears in the permit documents.

(e)

In the event that the material violation is not cured to the satisfaction of the Building Official within the time specified, or disputed in the manner set forth above, the Building Official shall impose a fine per material violation of five hundred dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense, two thousand dollars ($2,000.00) for the third offense and five thousand dollars ($5,000.00) for each subsequent offense.

(f)

Disputes of violations, collections of fees, and imposition of fines and other penalties, including but not limited to suspension of permitting privileges shall be effected in accordance with the provisions of law.

(Ord. No. 01-112, § 1, 7-10-01; Ord. No. 10-64, § 6, 9-24-10)