§ 27-28. Judicial remedies.  


Latest version.
  • (a)

    The county may institute a civil action in a court of competent jurisdiction to prevent injury to the air, water, soil, property, and/or other natural resources in the county:

    (1)

    To establish liability and to recover damages for any injury to the air, water, soil, property and/or other natural resources in the county, including but not limited to animal, plant, bird, or aquatic life caused by any violation;

    (2)

    To impose and recover a civil penalty for each violation in an amount not to exceed fifteen thousand dollars ($15,000.00) per violation; and

    (3)

    To seek injunctive relief to enforce compliance with this chapter or any rule, regulation, license, certification, approval or order; to enjoin any violation of this chapter or any rule or regulation adopted pursuant to this chapter and to seek injunctive relief for the prevention of injury to the air, water, property, and/or other natural resources in the county, including but not limited to animal, plant or aquatic life or the safety and welfare to the general public caused or threatened by any violation. Violations of this chapter which result in injury to the air, water, property, and/or other natural resources in the county are public nuisances.

    (b)

    Judgment for the amount of an assessment of a civil penalty, as determined by the hearing examiner, may be entered in any court of competent jurisdiction and may be enforced as any other judgment.

    (c)

    The County may institute a civil action in a court of competent jurisdiction pursuant to sections 403.182(9) and 403.121, Florida Statutes, to enforce the provisions of this Chapter for those violations which do not cause substantial pollution or degradation to the air, water, soil or natural resources, archaeological resources, or animal or plant life of Broward County.

(Ord. No. 2003-34, § 1, 9-23-03)