The Director can take any or all enforcement action or a combination of actions against a noncompliant person including but not limited to referral to the City's Code Enforcement Board for civil remedies available in Chapter 9 of the City of Tampa Code, criminal prosecution, request for injunctive relief, and/or request to pursue civil lawsuits to recover costs and/or damages.
Criminal Enforcement ¶
The Director may refer all violations of the GMO for criminal enforcement to the Hillsborough County Court.
Penalty ¶
Violations of the GMO can be prosecuted criminally. The criminal penalty for violation of the GMO is spelled out in Section 1-6 "General Penalty". The maximum penalty is up to a $500.00 fine and or up to 60 days in jail for each offense. Each day a violation occurs or continues shall be deemed a separate offense. The City may also ask the Court, when appropriate, to request criminal restitution to recover the City's costs.
Section 26-311 adds two additional criminal offenses to the GMO that can also be criminally prosecuted. Section 26-311(a) can also be found in Section 1-21 of the City of Tampa Code. Section 26-311(b) Falsifying Information is based on a Florida State Statute prohibiting the same conduct.
Right to Appeal¶
Please consult with your own attorney regarding the right to appeal a criminal misdemeanor conviction.
Civil Code Enforcement Board¶
All violations of the GMO can be referred to the Civil Code Enforcement Board.
Administrative Fines¶
Section 9-13 (b) (1) of the City of Tampa Code provides for the following administrative fines:
First Violation¶
The fine shall not exceed $1000.00 per day
Repeat Violation¶
The fine shall not exceed $5000.00 per day
CEB determination that violation is irreparable or irreversible in nature
The fine shall not exceed $15,000.00 per violation.
Appeal from the Code Enforcement Board to Circuit Court for of the 13th Judicial Circuit of Florida
Time to appeal: 30 days from date of entry of order by CEB to appeal decision.