§ 94-3. Enforcement; penalty.
(a)
Generally.
(1)
When activities specified by section 94-82 are carried out without or in violation of a certificate of appropriateness, the owner of the property involved may be cited by the building official for violation of this chapter and referred to the CEB. Fines identified in this section shall be assessed by the CEB and placed in a fund for use by the board to further the duties assigned them in section 94-53 and to further the preservation of historic resources within the city of Ocala.
(2)
Nothing contained in this section shall prevent the city from taking such other action as is necessary to prevent or remedy any violation.
(b)
Procedure.
(1)
It shall be the duty of the code inspector to initiate enforcement proceedings under this section pursuant to the requirements of this chapter.
(2)
Except as provided for in subsection (e) of this section, if the code inspector finds that a violation of this chapter has occurred or is shown reasonable evidence to suspect a violation of this chapter, the code inspector shall notify the property owner and give it ten business days to contact the CLG-HPO. Should the violation continue beyond the time specified to contact the CLG-HPO, or should the property owner fail to make reasonable accommodations with the CLG-HPO to address any corrective actions, the suspected violation shall revert to the procedures outlined in section 2-441.
(c)
Fines. Each day such a violation continues shall be considered a separate offense. Upon a finding that a violation has occurred, fines for such violation shall be assessed per occurrence for each day (or portion thereof) during which the violation continues, from the first day of the violation until a CA is obtained through the board or the property is restored to the approved condition. Upon a finding that a violation has occurred, there shall be a minimum fine assessed for each violation equal to the maximum fine for one day of the violation as set forth below.
(1)
Work done without the issuance of a certificate of appropriateness shall be assessed fines which shall not exceed the following:
a.
Demolition of a structure, per day ..... $2,500.00
b.
New Construction added to the building site, per day ..... 500.00
c.
Work associated with the existing building envelope or work which alters the structure so as to include it as a part of the building envelope (e.g. enclosing an open porch), per day ..... 250.00
d.
Work affecting those elements of the structure attached to or touching but not included in the building envelope, e.g. porch railings, exterior stairs, per day ..... 150.00
e.
Work affecting other site features not included in the preceding subsections, per day ..... 100.00
(2)
Variations from any work approved by the board for which a CA was issued may constitute a violation and may result in revocation of the CA and/or a maximum fine of $500.00 per occurrence for each day (or portion thereof) during which the violation continues, from the first day until either amendments to the approved certificate are obtained through the board or the work is restored to the approved condition, whichever is greater.
(3)
If the CEB finds that a repeat violation of the code has occurred, all fines imposed may be double the daily rate assessed under this subsection (c).
(4)
Upon conviction and in addition to any fines, the CEB may order any such building or structure to be returned to its condition prior to such unlawful erection, construction, reconstruction, exterior alteration, addition or demolition in conformance with the requirements of the locally designated historic district or landmark. This may specifically include ordering the reconstruction of a structure that was demolished to replicate as closely as possible the original structure. Additional fines for failure to comply with such an order may be imposed by the CEB. Furthermore, the city may institute an appropriate action or proceedings to prevent such an unlawful erection, construction, reconstruction, exterior alteration, addition or demolition.
(d)
Failure to timely commence corrective action. Based on the recommendations of the board, the CEB shall establish a timetable for corrective action of any and all violations.
(e)
Unlawful demolition. In addition to any other remedies identified in this section as pertains to the partial or complete demolition of any structure in a locally designated historic district or a locally designated landmark, the following shall apply:
(1)
No permit will be issued for any structure or structures proposed for the same parcel which would require a footprint larger than the footprint of the demolished structure or structures for a period of three years.
(2)
Unauthorized demolition of a portion of a structure shall not serve as justification for a demolition permit whenever it can be shown that restoration or rehabilitation would still be feasible.
(3)
No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five years from and after the date of such demolition and removal.
(4)
The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site.
(f)
Any property owner duly noticed with a notice of violation or notice of hearing shall apply for a certificate of appropriateness upon the earlier of: ten calendar days of its receipt of such notice; or the time of re-inspection. The application fee shall be double the normal amount set forth in section 122-154.
(g)
When any remedies or restrictions become applicable to a particular site, the building official shall cause to be filed a verified notice thereof in the public records of Marion County and such restrictions shall then be binding on future owners of the property.
(Code 1985, § 7-329; Ord. No. 2006, § 10, 5-10-88; Ord. No. 2010-13, § 21, 12-1-09; Ord. No. 2011-39, § 2, 11-16-10)