§ 18-167. Violations; penalty.

(a)

It shall be unlawful for any person to hinder or prevent the performance of any act or duty authorized or required by this article. Violation of any provision of this article is a civil infraction with a maximum civil penalty of $500.00. Any enforcement officer, finding probable cause that a person has committed an act in violation of this article, may issue that person a citation. Any person charged under this section who does not wish to contest the citation shall pay, within 20 days of the date of receiving the citation, the sum of $300.00, either by mail or in person to the clerk of the county court. If the person cited follows this procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing.

(b)

Any person who wishes to contest the citation must, within 30 days of the date of receiving the citation, appear in person at the office of the clerk of county court and enter a not guilty plea. A hearing date will be set by the court and the clerk shall mail a notice of hearing. The county judge, after the hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the county judge may impose a penalty not to exceed $500.00 and may assess costs as appropriate.

(c)

Failure to pay the penalty or to timely contest the citation shall result in an order to show cause being issued by the court. Said order to show cause shall require the offender to appear before the county judge on a certain date to show cause why he should not be held in contempt of court for failure to respond. The court may fine the offender up to $500.00 and may assess costs as appropriate.

(d)

Any person who willfully refuses to sign and accept a citation shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.

(e)

If, after a proper notice and hearing as provided under section 11.06 of the Putnam County Land Development Code, the finder of fact determines that a land application operation has violated any of the provisions of this article, the conditions of a special use permit, the condition of a state department of health permit or the conditions of a state department of environmental protection permit, and further finds that the violation is a threat to public health and safety or reflects gross negligence on the part of the owner or operator, in addition to any other remedies provided for under section 11.06 of the Putnam County Land Development Code, the finder of fact may revoke the special use permit that allows for the land application operation. Gross negligence must be demonstrated by presenting facts that demonstrate a conscious and voluntary act or omission that reflects a want of care and a conscious indifference to the rights and welfare of the persons affected or that reflects an indifference or utter forgetfulness with regard to the present legal duty of the owner or operator.

(f)

The provisions of this section are additional and supplemental means of enforcement. Nothing contained in this section shall prohibit the county from enforcing its codes or ordinances by any other lawful means, including, without limitation, a proceeding under section 11.06 or 12.18 of the Putnam County Land Development Code.

(Ord. No. 2004-37, § 7, 12-14-2004)