§ 12-2. Definitions and rules of construction.  


Effective on Tuesday, July 19, 2022
  • (a) The following words, terms or phrases, when used in this article, shall have the meanings ascribed to them in this section:

    Code enforcement board. The board appointed by the city commission in accordance with authority granted by F.S. § 162.03, and established to impose administrative fines severally.

    Code enforcement Officer / Compliance Officer. Any designated or authorized employee or agent of the city whose duty it is to enforce or assure compliance with city codes and ordinances. Code enforcement Officer and Code Compliance Officer are used interchangeably to mean the same function. 

    Continuing violation. A violation which continues to occur after notice to correct the violation has been issued to the violator. Each day a violation continues shall constitute a separate infraction, and a penalty may be assessed for each day of continuing violation.

    Person. Any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever, or any combination of such, jointly or severally.

    Repeat violation. A violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations.

    Violation. Any act or failure to act which results in an infraction of a duly enacted city code or ordinance.

    (b) For the purpose of administration and enforcement of city codes, unless otherwise stated in this article, the following rules of construction shall apply:

    The word "shall" is always mandatory and not discretionary;

    The word "may" is permissive.

    Unless the context clearly indicates the contrary, where regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or " or "either" the conjunction shall be interpreted as follows:

    (1) "And" indicates that all the connected terms, conditions, provisions, or events shall apply.

    (2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

    (3) "Either" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(Ord. No. 2016-08, § 1, 06-21-16; Ord. No. 2022-35, § 1, 07-19-22)