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10/12/21, 12:15 PM Indian River County, FL Code of Ordinances (2) Upon receipt of such notice, the state attorney may institute proceedings in the criminaburt of record for prosecution of the violation. Section 13. Civil Enforcement; Procedure. (1) It shall be the duty of the County Health Director, with the advice and assistancef the Environmental Control Officer, to determine compliance with the terms of thiact. (2) If any person is in violation of the provisions of this act, the County Health Directonay give the violator reasonable time, by formal notice, within which to correct suclniolation. Should the violation continue beyond the time specified for correctionthe County Health Director shall notify the Environmental Control Officer in writingof such failure to correct the violation. If any person has been in violation of this act for conducting an activity without benefit of or in violation of the terms of required permit, or has been in violation of this act for conducting an activitywhich resulted in environmental damage or public health threat, the County HealthDirector, in lieu of or in addition to the above procedure for formal notice, may notify the Environmental Control Officer in writing of the violation. (3) Upon the County Health Director's notice of a failure to correct violation or noticef an activity conducted without or in violation of a required permit, or an unlawfulctivity which resulted in environmental damage or a public health threat, the EnvironmentaControl Officer shall notify the Hearing Board which shall, within 45 days after suchnotice, order the violator to appear before it to show cause why he should not be required to correct the violation and pay civil penalties. Any hearing shall be conducteoh accordance with section 10 of this act. (4) If after due process hearing the Hearing Board upholds the violation, the Hearin§oard shall reach a decision setting forth findings of fact and such conclusions ofaw as are required in view of the issues submitted. Such decisions shall be renderedn accordance with sections 10 and 15 of this act. Section 14. Enforcement of Hearing Board Orders and Injunctive Relief. If preventiver corrective measures are not taken or any civil penalty imposed is not forfeitedn accordance with any order of the Hearing Board, or if the Environmental ControlOfficer finds that a vio'ation of the provisions of this act exists so as to createn emergency requiring immediate action to protect humar. health or welfare, or tprevent irreparable environmental damage, the Environmental Control Officer may institutEproceedings in the circuit court for Indian River County to abate violations of this act or enforce orders of the Hearing Board. Such relief may include both temporarynd permanent injunctions. Any proceedings initiated under this section shall be broughfor and in the name of Indian River County. Section 15. Violations; Civil Penalties. Any person found by the Hearing Board the or have been in violation of this act may have imposed against him a civil penaltylot to exceed $500 for each day of violation. In determining the amount of such civilpenalty, the Hearing Board shall consider the nature, duration, and environ mentafnpact of such violation. The Hearing Board shall incorporate the amount of the penaltynposed in its final decision and order finding such person in violation. All civilpenalties collected under this section shall be paid into the general fund of India River County. Section 16. Civil Fines to be Liens. Any fine imposed by order of the Hearing Boardhall, upon expiration of the time for appeal and the filing of said order with therlerk of the circuit court, become a statutory lien against any and all property of the respondent. Section 17. Refusal to Obey Subpoena Issued by the Hearing Board. (1) Whenever any person duly subpoenaed to appear and give evidence or to produce anlyooksla * papers 6/7