§ 27-26. General.

(a)

Where there is cause to believe that any of the provisions of this chapter are being violated, enforcement proceedings may be initiated against the responsible party(ies). Any enforcement procedure authorized by this chapter or the laws of Florida may be used to enforce the provisions of this chapter.

(b)

Whenever two (2) or more persons pollute, damage or degrade the land, air, waters or other natural resources in the county in violation of this chapter, any lawful rule or regulation promulgated under this chapter or any requirement of the director, so that the damage is indivisible, each responsible party shall be jointly and severally liable for such damage, for any penalty and for the reasonable costs and expenses of the county incurred in tracing the source of discharge, in controlling and abating the source and the pollutants, and in restoring the land, air, waters, property, and other natural resources, including the animal, plant and aquatic life, in the county to their former condition or to the satisfaction of EPGMD.

(c)

Any person who assists in, commits, directs, allows, or is otherwise responsible for an activity which results in a violation shall be strictly, jointly and severally liable for any penalty or environmental damage resulting from the violation.

(d)

Any person violating any provision of this chapter shall restore the air, water, soil, property and other natural resources, including but not limited to animal, plant, and aquatic life, affected by said violation to the condition existing prior to the violation or as required by EPGMD to correct the damage.

(e)

Violations of this chapter may also be prosecuted to assess penalties, obtain damages, obtain injunctions and other appropriate relief as provided by sections 125.69, 403.121, 403.131, 403.141, 403.161 and 403.182, Florida Statutes, as amended.

(f)

In addition to enforcement actions carried out by EPGMD, the provisions of this chapter may be enforced by any criminal law enforcement agency as violations of a county ordinance punishable as provided in sections 125.69 and 403.161, Florida Statutes and other laws of Florida, as amended.

(g)

An action taken pursuant to the authority granted by this chapter shall not preclude any other legal or administrative action lawfully pursued by another agency.

(h)

It shall not be a defense to or ground for dismissal of these administrative or judicial remedies for damages and civil penalties that the county has failed to exhaust its administrative remedies, has failed to serve a notice of violation or has failed to hold an administrative hearing prior to the institution of a civil action.

(i)

For each day, or portion thereof, that any ongoing violation of this chapter is occurring, a separate violation is committed and any responsible party shall be liable for any damage caused and civil penalties and/or fines up to fifteen thousand dollars ($15,000.00) for each violation.

(j)

The county is without authority to bring a civil action or impose any penalty or fine on behalf of any person, other than a governmental entity.

(k)

Owners of real property, their successors, heirs and assigns, shall be liable for the remediation of and/or for the sums expended by the county to remediate any environmental damage when the violation of this chapter occurred or continued to exist or appeared imminent upon the real property aforesaid, regardless of fault and regardless of knowledge of the aforesaid violation.

(l)

If a responsible party fails to take timely and sufficient action necessary to correct or abate violations of, or noncompliance with, this Chapter, Broward County is hereby granted regulatory authority so that Broward County may initiate and complete any and all corrective actions, including partial completion of corrective actions necessary to restore essential public services, repair facilities, or abate an emergency without incurring the responsible party's obligations to complete corrective actions. Costs incurred by Broward County in the course of corrective actions are the obligation of the responsible party and, therefore, shall be reimbursed to Broward County by the responsible party. Broward County is authorized to maintain a judicial or administrative action against any and all responsible parties in a tribunal of competent jurisdiction to recover costs of corrective action. A resulting judgment or order shall become a lien on the real and personal property of the responsible party in favor of Broward County when a certified copy is recorded in the Public Records of Broward County. Additionally a responsible party will be subject to civil penalties up to fifteen thousand dollars ($15,000.00) per violation per day for failing to perform its obligations under the provisions of this Chapter. This subsection shall have retroactive application.

(m)

The county attorney's office, with the concurrence of EPGMD, may bring an action in a court of competent jurisdiction to enforce the provisions of this chapter without prior Board approval. The county attorney's office shall notify the Board when an action has been filed.

(Ord. No. 2003-34, § 1, 9-23-03; Ord. No. 2005-11, § 9, 5-24-05; Ord. No. 2008-27, § 1, 6-24-08; Ord. No. 2009-56, § 1, 8-25-09)