§ 13-39. Enforcement and field personnel; enforcement procedures.

(a)

Field inspectors shall be employed to visit businesses that are licensed to see that they are properly licensed, locate businesses that are not properly licensed, and follow up on any complaints received regarding the licensing of a business. All businesses found in violation of this article shall be issued a notice which must be presented to the tax office when they come in to purchase their receipts, and shall be charged double the fee for obtaining a receipt due to the violation.

(b)

Any sign, advertisement, building occupancy, directory, listing or other activity indicating that a business, profession or occupation is being conducted at a location shall be prima facie evidence that the an individual is, in fact, engaged in the business, profession, or occupation so indicated.

(c)

Osceola County Code Enforcement Officers may also issue citations for violations relating to improperly licensed businesses and failure to display the local business tax receipt, or additional forms of identification as may be required for particular types of businesses.

(d)

A schedule of civil penalties for a violation of this chapter shall be established by resolution of the board of county commissioners. All such penalties shall remain valid until modified by a new resolution. The citation shall be in a form which has been approved by the board of county commissioners.

(e)

Any individual who is issued a citation for violation of this chapter, shall either pay the civil penalty by mail or in person, as directed by the county on the citation.

(f)

Any person who elects to pay the citation, shall be deemed to have admitted the infraction and to have waived their right to a hearing on the issue of commission of the infraction.

(g)

Any person who elects to contest the citation shall set a hearing as set forth on the citation and if found in violation of this chapter at the hearing, may be liable for a civil penalty of up to five hundred dollars ($500.00) for each violation charged, plus costs. Payment of the full amount prescribed in the citation may be made at any time prior to the hearing. Such payment shall constitute an admission of the violation and a waiver of the right to a hearing. Upon the payment of the citation pursuant to this provision, any previously scheduled hearing shall be canceled.

(h)

Any individual who schedules a hearing to contest a citation, and thereafter fails to appear, shall be deemed to have admitted the violation and shall waive any further right to a hearing. Upon such failure to appear, the contesting individual may be liable for a civil penalty of up to five hundred dollars ($500.00), plus costs, for each violation charged.

(i)

Any individual who is assessed a civil penalty following a hearing shall have thirty (30) days in which to pay said penalty. Any penalty not paid within thirty (30) days shall result in the entry of a civil judgment against the violating individual in the amount of the fine plus interest. In addition nonpayment of a civil penalty will result in a suspension of a current local business tax receipt, or limit an individuals ability to apply for a business receipt until the judgment is paid.

(j)

If an individual receives a citation and fails to pay the penalty, fails to appear at the hearing, to contest the citation or fails to appear when a court appearance is mandated pursuant to this chapter, the county court may issue an order to show cause. This order shall require such person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, such person may be held in contempt of court.

(k)

In addition to all other enforcement procedures, including injunctive or other equitable relief this article may be enforced by the code enforcement board or pursuant to supplemental procedures contained in chapter 7 of this Code.

(l)

The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions of this article may be pursued by an appropriate remedy, whether by injunctive, declaratory, or other civil sanction, at the option of the county. The provisions of this Code may also be enforced by the sheriff, deputy sheriffs and any other authorized law enforcement officer.

(Ord. No. 95-10, § 14, 7-17-95; Ord. No. 05-32, § 2, 8-15-05; Ord. No. 07-12, §§ 2, 3, 4-9-07)