§ 1.4.4. Penalty.  


Latest version.
  • (A)

    Violation of the provisions of these Regulations, or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses shall constitute a punishable violation. Any person who violates these Regulations, or fails to comply with any of its requirements, may be issued a civil citation pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of the City's Code of Ordinances, and shall upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. [Amd. Ord. 55-07 1/15/08]; [Amd. Ord. 18-95 4/4/95]

    (B)

    The owner or tenant of any building, structure, premise, or part thereof, and any architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties provided herein.

    (C)

    In addition to any and all other penalties, any person who carries out or causes to be carried out any work in violation of this Section 4.5.1 shall be required to restore the subject improvement, building, site, structure, appurtenance, or landscape feature, either to its appearance prior to the violation or in accordance with its certificate of appropriateness required by the Historic Preservation Board.

    (D)

    Structures that are individually designated as historic or are located in historic districts shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a historic district shall constitute a "nuisance" violation pursuant to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties. [Amd. Ord. 55-07 1/15/08]

    (E)

    Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation.