Water Use Restrictions - Citations and Penalties

This page contains a combined text version of Ordinance 2008-33 and 2008-55, which provide enforcement and fine structures for Emergency Water Use Ordinance 2006-104. Complete copies of the ordinances are available in PDF format for download and printing. Information provided on this page is specific to Water Use Restrictions violations and are by no means all inclusive or limiting. If you have questions about the ordinances after viewing this information, please contact a Water Conservation Coordinator at 274-8121 or online via our Customer Service Center.

(page last reviewed: 04/07/08)

ORDINANCE NO. 2008-33 and NO. 2008-55

AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, MAKING COMPREHENSIVE REVISIONS TO CHAPTER 23.5 (Effective March 7, 2008)

Section 1. Sec. 23.5-3. Definitions; words defined.

For the purpose of this chapter, unless given a different meaning under an article of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:

Citation means the notice issued by a code enforcement officer in a form prescribed by the city and shall contain:

(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or section of the code or ordinance violated.
(6) The name and authority of the code enforcement officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against that person for an amount up to the maximum civil penalty.

Code enforcement officer means any designated employee or agent of the city whose duty it is to enforce codes and ordinances enacted by the city and may include, but may not be limited to, code inspectors, law enforcement officers, animal control officers, or fire safety inspectors. Such employees or agents shall be trained and qualified to issue citations.

Irreparable or irreversible violation means a violation that causes harm, damage. injury or change that is incapable of correction, repair or return to an original condition.

Person means any natural person, firm, partnership, association, or corporation.

Repeat violation. A violation of a provision of a code or ordinance by a person who has received a citation and either (1) paid the fine for or (2) contested the citation and found guilty of violating the same provision of the code within three years prior to the violation, notwithstanding that the violations occurred at different locations.

Section 2. Sec. 23.5-4. Enforcement procedures.

(a) The county court shall have jurisdiction over all violations governed by this chapter.

(b) A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed an act in violation of a duly enacted city code or ordinance.

(c) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a city code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 21 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the given time period, a code enforcement officer may issue a citation to the person who has committed the violation.

(d) If, however, a code enforcement officer has reason to believe that the violation

        (1) is a repeat violation
        (2) presents a serious threat to the public health, safety, or welfare, or
        (3) if the violation is irreparable or irreversible

a code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue that citation.

(e) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court.

(f) A violation of a city code or ordinance enforced by the provisions of this chapter is a civil infraction punishable by a maximum civil penalty not to exceed five hundred dollars ($500.00) or such amount as may hereafter be prescribed by law. The fines to be assessed by code enforcement officers shall be established by ordinance, including ordinances on special events that will use the civil citation process as a method of enforcement.

(g) Subject to paragraph (j) below, the alleged violator has the option of paying the penalty or contesting the citation in the county court. The procedures for contesting the citation shall be set forth in the citation.

(h) Subject to paragraph (j) below, if a person who has committed the civil infraction does not contest the citation for the first two (2) violations, he or she shall pay to the clerk of the circuit court the corresponding penalty within the time frame set forth on the citation. Payment of said penalty shall be made either by mail or in person to the clerk of the circuit court within the time frame specified on the citation.

(i) If a person fails to pay the penalty within the specified period or fails to appear in court to contest the citation, that person shall be deemed to have waived the right to contest the citation. A judgment may be entered against that person for an amount up to the maximum civil penalty.

(j) Mandatory court appearances are required for the third and subsequent violations of a code or ordinance. The citation shall clearly inform the person of the mandatory court appearance. A person required to appear in court does not have the option of paying the penalty instead of appearing in court.

(k) Any civil penalties collected by virtue of the operation of this chapter shall be paid, and deposited by the clerk of the circuit court, into such funds as the city council may designate.

Section 3. Section 23.5-5. Schedule of Violations and Penalties. (From Ordinance 2008-55, Sec. 1(e), effective April 4, 2008)

(e) Violations of 26-97 as well as any subsequent emergency or other amending ordinances related to irrigation and other outdoor water use are considered Class W violations and will carry a fine of:

        $100.00 for a first violation
        $200.00 for a second violation
        $450.00 for a third or subsequent violation

Section 4. Section 23.5-56. Supplemental enforcement tool.
The provisions of this chapter are additional and supplemental means of enforcing city codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this chapter shall prohibit the city from enforcing its codes or ordinances by any other means.

Section 5. That should a court of competent jurisdiction declare any part of this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such determination as to the invalid part.

Section 6. That all ordinances, parts of ordinances, or resolutions in conflict herewith are hereby repealed to the extent of any conflict.

Section 7. That this ordinance shall take effect immediately upon becoming a law.

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