Gmo Enforcement Remedies&Nbsp;
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.
The Director may refer all violations of the GMO for criminal enforcement to the Hillsborough County Court.
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.
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.1 1Section 9-16 ?Appeal? of the City of Tampa Code.