Osceola County |
Code of Ordinances |
Chapter 17. PLANNING AND DEVELOPMENT |
Article II. IMPACT FEES |
Division 2. MOBILITY |
SubDivision II. Mobility fees |
§ 17-46. Enforcement by the county.
(a)
Any person, firm, corporation, or partnership that violates any provision of this division may be punished by a fine of not more than five hundred dollars ($500.00), or sixty (60) days in jail, or both. Enforcement of this division may be through the issuance of a citation, in accordance with the county's code enforcement practices.
(b)
Violations include but are not limited to failing, neglecting, or refusing to pay a mobility fee as required by this division and/or furnishing untrue, incomplete, false, or misleading information on any document, or to any county employee, concerning the calculation, exemption, or payment of a mobility fee or concerning the entitlement to, or calculation of, a mobility fee credit.
(c)
The owner, tenant, or occupant of any land or part thereof for which a mobility fee is owed, who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this division, or who fails, neglects, or refuses to pay a mobility fee, and any person who furnishes any untrue, incomplete, false, or misleading information to the county concerning the calculation, exemption, or payment of a mobility fee or concerning the entitlement to, or calculation of, a mobility fee credit, may be held responsible for the violation and be subject to the penalties and remedies provided for in this division.
(d)
In addition to enforcement of this division through issuance of a citation in accordance with the county's code enforcement practices, the county may withhold issuance of the certificate of occupancy or tenant occupancy permit and/or bring suit to restrain, enjoin, or otherwise prevent violation of this division in any court of competent jurisdiction, to recover costs incurred by the county in whole or in part because of violation of this division, and/or to compel payment of a mobility fee pursuant to this division. Issuance of and/or payment of a citation for violation of this division does not preclude the county from filing such a suit. Payment of any penalties imposed does not release a person or entity from payment of the mobility fee due but shall be payable in addition to the mobility fee.
(e)
Failure to pay a mobility fee required by this division is a violation that is continuous with respect to time, and each day the violation continues, or the mobility fee remains unpaid, is hereby declared to be a separate offense.
(f)
The provisions of this section are supplemental to any other remedy or enforcement procedure provided for or recognized by ordinance, statutory law, common law, case law or the Florida Constitution and shall not be construed as an exclusive remedy or procedure available for enforcement of the codes and ordinances of the county. Nothing contained herein shall prohibit the board of county commissioners from enforcing its codes by any other means.
(Ord. No. 2015-22, § 1, 3-16-15; Ord. No. 2016-47, § 2, 6-20-16)