§ 27-38. Citations.

(a)

Natural Resource Enforcement Officers (NREO): The director of EPGMD may designate certain employees as NREOs. The training and qualifications for that designation shall be determined by the director. Designation as an NREO allows the NREO to issue citations. Designation as an NREO does not provide the NREO with the power of arrest or subject the NREO to the provisions of sections 943.085 through 943.255, Florida Statutes.

(b)

The issuance of a citation shall not be a condition precedent to the issuance of a notice of violation.

(c)

Prior to payment, a citation may be rescinded by EPGMD and the violation may subsequently be prosecuted as a notice of violation, as provided by this chapter.

(d)

Habitual Citation Violators: Unless otherwise stated in the schedule of civil penalties for citations, habitual violators, that would otherwise be issued a citation, may instead be issued a notice of violation.

(e)

Citation Issuance Procedure:

(1)

EPGMD may issue a citation in accordance with the schedule of violations and civil penalties set forth in this chapter if, based upon personal investigation, the NREO has reasonable grounds to believe that a violation has occurred. EPGMD shall not issue a citation and must issue a notice of violation when the violation is not identified in or does not satisfy the standards of section 27-38(h), "Schedule of Civil Penalties for Citation," of this chapter. The maximum civil penalty that may be levied pursuant to the issuance of a citation shall be as established in the schedule of penalties for citations, which shall be no more than five hundred dollars ($500.00).

(2)

However, before issuing a citation for a particular violation, EPGMD must provide the violator with one (1) initial warning notice identifying the violation of this chapter and establishing a reasonable time period within which the violation must be corrected. If, upon investigation, the violator has not corrected the violation within the time specified, a citation may be issued to the violator by EPGMD. Additional warning notices need not be provided to the violator for the same violation prior to the issuance of additional citations. If the violation is irreversible or irreparable, a warning notice need not be issued prior to the issuance of a citation.

(3)

A citation must provide the following information and the following requirements shall apply:

a.

The time and date of issuance.

b.

The name and address of the person to whom the citation is issued.

c.

The date and time of the violation.

d.

A brief description of the violation and the facts constituting reasonable cause, including the location of the violation.

e.

The name of the NREO.

f.

The procedure for the person cited to follow in order to pay the civil penalty or to contest the citation.

g.

The applicable civil penalty if the person cited elects not to contest the citation.

h.

The section of this chapter that is the subject of the violation.

i.

Notice that additional citations may be issued for each day that the applicable violation is found to exist.

j.

Notice that failure to request an administrative hearing within ten (10) days after service of the citation shall constitute a waiver of the violator's right to an administrative hearing before the hearing examiner, and that such waiver shall constitute an admission of violation.

k.

Notice that the violator may be liable for the reasonable costs of the administrative hearing should the violator be found guilty of the violation.

l.

Appropriate mitigation of and remedial action for the violation, such as obtaining the appropriate license or correction of the environmental damage. Failure of the enforcement officer to indicate that mitigation/remedial action must be conducted shall not relieve the violator from the obligation to conduct appropriate mitigation of, and remedial action for, the violation and any environmental damage.

m.

That, if the violator does not elect to appeal the citation to the hearing examiner, the penalty must be paid within thirty (30) days.

n.

That, if the violator does not elect to appeal the citation to the hearing examiner, fails to pay the civil penalty within the time allowed, or fails to appear to contest the citation, the violator shall be deemed to have waived its right to contest the citation and that, in such case, judgment shall be rendered ex parte, without notice to the violator, by the hearing examiner into a final order for an amount up to five hundred dollars ($500.00).

o.

That any person who willfully refuses to sign and accept a citation issued by an NREO shall be in violation of this chapter and shall be guilty of a misdemeanor of the second degree, punishable as provided in section 775.082, Florida Statutes or section 775.083, Florida Statutes.

(f)

Effect of the Issuance of a Citation:

(1)

Options of persons cited: A person who has been served with a citation shall elect either to:

a.

Correct the violation, and pay the civil penalty in the manner indicated on the notice; or

b.

Request an administrative hearing before a hearing examiner to appeal the decision of the NREO to issue the citation.

(2)

If the responsible party does not elect to appeal the citation to the hearing examiner, fails to pay the civil penalty within the time allowed, or fails to appear to contest the citation, the responsible party shall be deemed to have waived its right to contest the citation and that, in such case, judgment shall be rendered ex parte, without notice to the responsible party, by the hearing examiner into a final order for an amount up to five hundred dollars ($500.00). The penalty must be paid within thirty (30) days. Failure to pay the fine shall be a violation of this chapter.

(3)

Any person who willfully refuses to sign and accept a citation shall be in violation of this chapter and shall be guilty of a misdemeanor of the second degree, punishable as provided in section 775.082, Florida Statutes or section 775.083, Florida Statutes.

(4)

A person issued a citation pursuant to this section for a violation of this chapter is charged with a noncriminal infraction. This shall not preclude the prosecution of criminal violations arising from the same incident.

(g)

Citation Appeal Procedure:

(1)

Appeal by administrative hearing of the citation shall be accomplished by filing a request in writing to the address indicated on the notice, not later than ten (10) days after the service of the notice.

(2)

Upon receipt of a timely request for an administrative hearing, the matter shall be set for hearing on the next regularly scheduled hearing or as soon thereafter as possible.

(3)

The county shall serve a notice of hearing to the responsible party, which notice shall include, but not be limited to, the following:

a.

Place, date and time of the hearing;

b.

At responsible party's expense, the opportunity for responsible party to be represented by an attorney;

c.

Right of the responsible party to present witnesses and evidence and conduct cross-examination; and

d.

A conspicuous statement reflecting the requirements of Chapter 286, Florida Statutes that a person deciding to appeal a decision of a hearing examiner on a citation will need to ensure that a verbatim record of the proceedings is made.

In lieu of providing a notice of hearing as provided above, the county may include a hearing date in the citation that will be scheduled if the responsible party requests an administrative hearing, provided that the citation includes the information required by this subsection.

(4)

If the hearing examiner finds that a violation occurred but determines that the time given for correction was not reasonable, the hearing examiner shall determine a reasonable time period and enter an order that the alleged responsible party comply with this chapter. If the hearing examiner finds that the citation was issued before the reasonable time expired, the hearing examiner shall enter an order finding that the violation occurred, but shall not assess the applicable civil penalty against the responsible party. However, if the hearing examiner finds that the alleged responsible party has not complied by the time of the hearing, the hearing examiner may choose to disregard the failure of the NREO to provide a reasonable time for the alleged responsible party to come into compliance and enter an appropriate civil penalty.

(5)

The citation hearing shall be governed by the procedures established by section 27-37 of this chapter.

(h)

Schedule of Civil Penalties for Citations: The following schedule sets forth violations for which a citation may be issued. This schedule contains violations that do not cause substantial pollution or degradation of the environment and/or are not substantial violations of this chapter. Should an NREO discover a violation identified on this schedule that causes substantial pollution or degradation of the environment and/or is a substantial violation of this chapter, the NREO may issue a notice of violation instead of a citation.

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Schedule of Civil Penalties for Citation

	Violation	Civil Penalty
		First Violation	Repeat Violation
(1)	Failure to submit a complete license renewal application and appropriate fee prior to expiration. [Subsection 27-27(a)(2), and Sections 27-53, 27-54 and 27-60]	$250.00	escalates to NOV
(2)	Failure to submit a complete source removal report, site assessment report, site remediation report, remedial action plan, or any progress report or any document required pursuant to an environmental assessment and remediation license when there has been appropriate and demonstrated progress in achieving the required remediation. [Subsections 27-27(a)(2), 27-58(c), 27-356(d)(4)(b), and 27-356(d)(4)(i)]	500.00	escalates to NOV
(3)	Operating without an EPGMD license. [Subsections 27-27(a)(2), and Sections 27-53 and 27-54]	500.00	escalates to NOV
(4)	Failure to keep on site, maintain, make available, post or display records or documents required by license or this chapter, such as logs, monitoring data, manifests, operating instructions, licenses, license tags or other documents required by the license. [Subsections 27-27(a)(2), 27-27(a)(7), and 27-58(c)]	1 st  250.00	escalates to NOV
	Penalty amount for second violation if within one year of first violation.	2 nd  500.00
(5)	Failure to prepare or submit reports or documents required by a license or this chapter other than those required by an Environmental Assessment and Remediation License. [Subsections 27-27(a)(2), 27-27(a)(8), and 27-58(c)]	1 st  250.00	escalates to NOV
	Penalty amount for second violation if within one year of first violation.	2 nd  500.00
(6)	Creating a noise disturbance in excess of allowable standards. [Sections 27-233, 27-235]	1 st  250.00	escalates to NOV
	Penalty amount for second violation if within one year of first violation.	2 nd  500.00
(7)	Open burning without an EPGMD open burn license. [Section 27-284]	500.00	escalates to NOV
(8)	Operating a mobile source which generates excess visible emissions in violation of this chapter. [Subsection 27-175(j)]	1 st  100.00	escalates to Nov
	Penalty amount for second violation if within one year of first violation.	2 nd  200.00
(9)	Failure to comply with the latest edition of the "EPGMD Minimum Criteria for Monitoring Wells and Sampling." [Subsections 27-58(c) and 27-356(d)(4)(d)]	500.00	escalates to NOV
(10)	Failure of the new owner of a licensed facility or project to transfer a license. [Subsection 27-58(b)(8) and Section 27-61]	250.00	escalates to NOV
(11)	Encroaching, excavating, or changing the natural grade within the drip line of a tree. [Subsection 27-405(d)]	1 st  250.00	escalates to NOV
	Penalty amount for second violation if within one year of first violation.	2 nd  500.00
(12)	Hand clearing or operating heavy equipment in the vicinity of a tree without placing and maintaining a conspicuous protective barrier around the drip line of the tree. [Subsection 27-405(e)]	1 st  250.00	escalates to NOV
	Penalty amount for second violation if within one year of first violation.	2 nd  500.00
(13)	Failure to replace trees required by license. [Subsection 27-408(i)]	500.00	escalates to NOV
(14)	Failure to obtain or comply with the requirements of a general environmental resource license. [Section 27-336, Subsections 27-27(a)(2) and 27-58(c)]	1 st  250.00	escalates to NOV
	Penalty amount for second violation if within one year of first violation.	2 nd  500.00
(15)	The removal of five (5) or fewer non-native trees less than ten inches in diameter breast height. [Subsection 27-405(b)]	100.00 per tree	escalates to NOV
(16)	Tree abuse of five (5) or fewer non-native trees less than ten inches in diameter breast height. [Subsection 27-405(c)]	100.00 per tree	escalates to NOV

 

(Ord. No. 2004-57, § 1, 12-14-04; Ord. No. 2005-08, § 2.05, 4-26-05; Ord. No. 2009-14, § 6, 3-24-09; Ord. No. 2009-56, § 1, 8-25-09; Ord. No. 2010-18, § 1, 6-18-10)

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