REPORT VIOLATORS TO PALM BEACH COUNTY: 561-24COVID
BOCA RATON, FL (BocaNewsNow.com) — Palm Beach County officials — by way of executive order — have reaffirmed the power of code enforcement officers and police to shut down businesses that are violating COVID-19 executive orders.
While code enforcement officers have been authorized to initiate action against businesses that are not compliant, the latest order suggests that Palm Beach County is now serious about compliance. Palm Beach County Mayor Dave Kerner said in a Friday news conference that while the “COVID Education and Compliance” team continues to “educate,” it’s time for businesses to comply or face significant penalties. Among them: closures and fines reaching $15,000 a day.
You can follow Palm Beach County violation through the link below. File complaints against non-compliant businesses by calling 561-24COVID.
Here’s the latest executive order language:
“In addition to being subject to the other penalties set forth in Section 9-37 of the County’s Code of Ordinances, and penalties otherwise authorized by law, any establishment, including, but not limited to, any commercial business location, place of public accommodation, or any other physical location (“Business Establishment”), that operates in a manner inconsistent with or otherwise in violation of any Palm Beach County emergency order or any State Order may be ordered to close immediately. If a Business Establishment was never authorized to be open in the first place, then it shall remain closed until it is authorized to be open by appropriate order. If a Business Establishment is generally authorized to be open pursuant to applicable emergency orders, but has been ordered to shut down because it is operating in a manner inconsistent with or otherwise in violation of applicable orders, then such Business Establishment may reopen only after: (1) a minimum of a twenty-four (24) hour period during which the establishment shall conduct a thorough review of the County’s applicable emergency orders, including, but not limited to, Emergency Orders 2020-012 and 2020-015, as amended and extended, and all applicable attachments thereto, and take all necessary measures to bring the establishment into compliance with the requirements of such emergency orders; and (2) submitting a fully executed attestation under penalty of perjury by the owner, general manager, or chief executive officer of the establishment, in the form attached hereto, to the County by email to ComplianceReopening@pbcgov.org, attesting that the review has been completed and the required measures have been taken, and receipt of County’s written acknowledgment of a valid executed attestation form. In addition, the Business Establishment shall, within five (5) calendar days after reopening, submit to inspection and be inspected by authorized enforcement personnel to confirm the violation has been corrected.”
Here’s the penalty section:
Civil Penalties for Persons and Establishments for Failure to Comply with Emergency Orders. In addition to any other enforcement mechanism set forth in this Order, Section 9-37 of the County’s Code of Ordinances, or as otherwise authorized by law, any person or Business Establishment that operates in a manner inconsistent with or otherwise in violation of any Palm Beach County emergency order or any State Order, may be issued a civil citation as follows:
a. Pursuant to Section 9-37(c) of the County’s Code of Ordinances, authorized enforcement personnel who have reasonable cause to believe that a person, in their individual capacity, has committed an act in violation of an emergency order, State Order, or is otherwise in violation of Article II of Chapter 9 of the County’s Code of Ordinances, shall be fined twenty-five dollars ($25) for the first violation, fifty dollars ($50) for the second violation, and one-hundred dollars ($100) for each additional violation. Business Establishments shall be fined two-hundred-and-fifty dollars ($250) for the first violation, three-hundred- and-fifty dollars ($350) for the second violation, and five-hundred dollars ($500) for each additional violation.
b. In addition to the civil citations described in Section 3(a), pursuant to Section 9- 37(d) of the County’s Code of Ordinances, violations of any emergency order, State Order, or any other violation of Article II of Chapter 9 of the County’s Code of Ordinances, may also be enforced pursuant to the procedures in F.S. Ch. 162, Local Government Code Enforcement Boards Act, and Article 10 of the Palm Beach County Unified Land Development Code. Pursuant to § 162.09(2)(d), Fla. Stat., a code enforcement board or Palm Beach County Special Master may impose fines that shall not exceed $1,000 violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the code enforcement board or Palm Beach County Special Master finds the violation to be irreparable or irreversible in nature.”
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