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2009-005 (E) Conditions authorized The countv administrator or his designee or, upon referral or appeal the Board of County Commissioners may impose conditions including but not limited to a cash deposit which will be forfeited for non-compliance within a time specified. (F) Consequences of Non-compliance In the event that the specified corrective action(s) is not completed prior to the end of the specified suspension timeframe, the proiect owner shall be deemed in violation of the land development regulations, shall forfeit any reuuired cash deposit for compliance and shall be subject to code enforcement action In addition the county shall withhold issuance of any future development order, building permit certificate of completion or certificate of occupancy associated with the proiect site unless and until the violation is corrected. Notwithstanding the above a certificate of occupancv may be issued for a residential unit within a subdivision proiect site deemed to be in violation if securitv is posted with the countv that guarantees correction of the violation. For purposes of these regulations the subdivision proiect site shall mean the development area that is the subject of the certificate of completion. (G) Limitation No temporary suspension of compliance shall be granted for building code or fire code items or other items directly related to public safety. 04)Ll.,51 The board of county commissioners shall, when appropriate, authorize grant applications for assistance available from state, federal, or private sources for planning or land development related projects. (}-5-)JI.61 The board of county commissioners shall exercise all powers and duties consistent with the grant of power contained in F.S. 125.01. 46)JU7 Notwithstanding any section to the contrary and, as an alternative to misdemeanor prosecution or other enforcement procedures, an alleged violator of regulations found in County Land Development Regulations Chapter 927, 928, 929 or 932.06(11) may request that the Board of County Commissioners, at a public meeting, determine whether or not a violation of the land development regulations has occurred. The alleged violator may appear, with or without attorney, and present evidence and information on the alleged violation. The burden of proof shall be on staff to show by a preponderance of the evidence that a violation has occurred. If the Board of County Commissioners determines that a violation has occurred, the Board may impose a fine not to exceed five hundred dollars ($500.00) or an amount set forth in the various penalty sections of the regulations and/or require restoration; if applicable. The decision of the Board shall be final. The alleged violator may reject this alternative procedure, in which case the County may prosecute the alleged violator in the same manner as a misdemeanor in County Court or take other enforcement action. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 5, 9-29-92) SECTION #2: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance Bold Underline: Additions to Ordinance 4 Wim: Deleted Text from Existing Ordinance �Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 BOA (After Vote).RTF F: