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ORDINANCE 2009- 017 (2) Prior to each permanent exception hearing, staff shall provide notice of the hearing in writing to the project owner, and project developer. Notice to adjacent property owners shall also be provided as specified below. a. Notice shall be mailed to each owner of property adiacent to the development project site at least seven (7) days prior to the hearing. The notice shall contain the name of the applicant, a description of the permanent exception request, the development project location, and the date, time, and place of the hearing. (3) The hearing shall be advertised (published notice) in the same manner as are rezoning hearings (reference section 902.12). D) Conditions authorized. The board of county commissioners may attach conditions to the development approval and/or require guarantees to ensure implementation of the superior alternative or functionally equivalent design and/or provision and performance of the superior alternative or functionally equivalent improvements. Guarantees required may include but are not limited to posted security. (E) Time limit. A permanent exception shall remain valid as long as the associated development project site plan or preliminary plat approval remains valid and shall expire if and when the associated development project site plan or preliminary plat approval expires. F) Enforcement. No certificate of occupancy _or certificate of completion shall be issued for a development project which has received a permanent exception unless the superior or functionally equivalent alternative design is implemented as approved or unless the development project is constructed as a conventional development that conforms to all applicable land development regulations. "JU6 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. " 17 The board of county commissioners shall exercise all powers and duties consistent with the grant of power contained in F.S. 125.01. (1-7-)JU8 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. Bold Underline: Additions to Ordinance 5 Strike h! Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 perex after BCC.RTF