Administrative fines.
Cape Coral Code of Ordinances § 2-88
in effect§ 2-88 - Administrative fines.
(a) The special magistrate, upon notification by the Code Enforcement Officer that a previous order of the special magistrate has not been complied with by the set time, or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified by this section for each day the violation continues past the date set by the special magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues beginning with the date the repeat violation is found to have occurred by the Code Enforcement Officer. In addition, if the violation is a violation described in § 2-85(i) above, the special magistrate shall notify the city, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making the repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if the repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this division, a hearing shall not be necessary for issuance of the order imposing a fine. If, after due notice and hearing, the special magistrate finds a violation to be irreparable or irreversible in nature, the special magistrate may order the violator to pay a fine as specified in subsection (b) below.
(b) The fine imposed pursuant to this section shall not exceed $1,000 per day for a first violation and shall not exceed $5,000 per day for a repeat violation and, in addition, may include all costs of repairs pursuant to subsection (a) above, and the city's cost of enforcing its code. However, if the special magistrate finds the violation to be irreparable or irreversible in nature, the special magistrate may impose a fine not to exceed $15,000 per violation, plus the city's costs of repairs, if any, and costs of enforcement.
(c) In determining the amount of the fine, the special magistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(d) The special magistrate may reduce a fine imposed pursuant to this section.
(Ord. 44-94, 8-22-1994; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 40-05, 3-21-2005) (Ord. 69-89, 10-16-1989; Ord. 44-94, 8-22-1994; Ord. 40-05, 3-21-2005) (Ord. 69-89, 10-16-1989; Ord. 80-92, 12-14-1992; Ord. 12-96, 3-11-1996; Ord. 50-96, 9-24-1996; Ord. 71-99, § 1, 1-18-2000; Ord. 40-05, 3-21-2005)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTVBOCO_DIV3COEN_S2-88ADFIFetched: 11/4/2026