§ 28-32. Enforcement alternatives.

(a)

The provisions of this chapter shall be enforced by any available method, under law or equity, and shall not necessarily be limited to the specific procedures or methods specified under this chapter.

(b)

Violations of the provisions of this chapter can be prosecuted through any administrative board with the authority to impose administrative fines and civil penalties, for violations of the provisions of this chapter, or through any supplemental methods established under the Code of Ordinances of Neptune Beach, Florida Statutes or common law.

(c)

The city shall have the right to utilize any available method to obtain restitution for the cost of abating a nuisance under this chapter to include, but not necessarily be limited to foreclosure of the lien, placing a special assessment on the tax roll pursuant to the uniform method for collecting non-ad valorem assessment, or holding the property owner personally responsible for the cost of abating the nuisance on his premises.

(d)

Notwithstanding the above, the city shall also be authorized to obtain the assistance of the courts to remove, terminate or abate a public nuisance which action may encompass any or all of the following procedures:

(1)

To make application for an injunction or restraining order, whether temporary or permanent, to prevent a person from maintaining any of the conditions declared under this chapter to be nuisances;

(2)

To enjoin and abate the nuisance;

(3)

To compel the performance of any acts specifically required of any person to remove, terminate or abate a public nuisance; [and/or]

(4)

To authorize the city personnel through or a private contractor to remove the nuisance.

(e)

Any judicial remedies to be sought by this section are in addition to any other power of the city to terminate public nuisances.

(f)

In the event it is necessary for the city to utilize the services of legal counsel in any enforcement procedures that utilize the assistance of the courts, whether to remove, terminate or abate a public nuisance, the city shall be entitled to recover its reasonable attorney's fees and costs incurred in that action.

(Ord. No. 1998-22, § 1, 5-3-99)