Enforcement and Penalties for Orlando Zoning Code Violations
Violations of the City of Orlando zoning code are prosecuted through the City of Orlando Code Enforcement Board, which has the authority to impose fines and seek legal or equitable relief, including injunctions, in the circuit court [Section 56.22, Section 58.1201]. For specific violations, such as those related to the Orlando Airport Height Zoning, individuals may be charged with a second-degree misdemeanor, carrying penalties of up to a $500 fine and 60 days in the county jail [Section 58.1226]. Furthermore, the City of Orlando may remove illegal structures like unauthorized signs at the owner's expense, assessing the costs as a public improvement lien against the property [Section 64.302].
The Role of the Orlando Code Enforcement Board
The City of Orlando grants the Code Enforcement Board jurisdiction to hear and decide on alleged violations of the Land Development Code. If the City of Orlando determines a property is in violation, the board may punish the offender as provided in Code 5 of the Orlando City Code. This may include civil penalties or criminal prosecution if the violation is classified as a misdemeanor [Section 58.1201].
Enforcement Procedures for Prohibited Structures and Items
The City of Orlando utilizes specific timelines and notice requirements for various types of non-compliance. Generally, an owner is given a set period to rectify the issue before the City of Orlando takes direct action.
General Enforcement and Notice Timelines
| Violation Type | Notice/Grace Period | Result of Continued Non-Compliance |
|---|---|---|
| Unsafe Signs | 10 days from notice | Removal by City of Orlando at owner's expense [Section 64.300, 64.302] |
| Abandoned/Disabled Vehicles | 10 days from notice | Removal to a storage facility and disposal per state law [Section 58.1205] |
| Airport Height Violation | N/A | Second-degree misdemeanor; fine up to $500; up to 60 days jail [Section 58.1226] |
| Illegal/Unlawful Signs | 10 days from notice | Removal by City of Orlando; cost assessed as a property lien [Section 64.302] |
| Home Sharing Violation | N/A | Revocation of registration for the home sharing use [Section 58.990] |
Impact Fees and Permitting
The City of Orlando prohibits the issuance of any development permit for a traffic-generating land use until the required Transportation Impact Fee has been paid [Section 56.05]. It is also illegal for any person to conduct business, reside in, or utilize a traffic-generating land use until both the fee is paid and a permit is issued [Section 56.05].
Specific District and Resource Violations
- Landscaping and Tree Protection: Failure to install, maintain, or protect required plant materials is a violation of the City of Orlando code and is subject to enforcement by the Code Enforcement Board [Section 60.160].
- Historic Preservation: In the City of Orlando Historic Preservation Overlay Districts, no building or structure may be demolished or altered without a Certificate of Appropriateness. Violations are subject to the standard enforcement procedures of the Code Enforcement Board [Section 62.200, 62.700].
- Signage: Any sign placed on City of Orlando public property or rights-of-way without authorization is subject to immediate removal [Section 64.302].
Cost of Removal and Liens
When the City of Orlando must step in to remove a nuisance—such as an illegal sign—it may assess the cost of labor and materials against the property owner. These costs are treated as a public improvement lien. The City of Orlando may enforce these liens through a suit to foreclose, following the same procedures as property tax inspections and hearings [Section 64.302].
Right of Appeal
Property owners who receive a notice of violation from the City of Orlando generally have the right to appeal. For example, a vehicle owner may appeal a determination of a disabled vehicle violation to the Planning Director or their designee [Section 58.1205]. Aggrieved parties regarding sign removals may appeal the final administrative order to the Board of Zoning Adjustment [Section 64.302].
Sections Cited
- Section 56.05 - Limitations on Issuance of Development Permits
- Section 56.22 - Penalty
- Section 58.990 - Procedural Requirements (Home Sharing)
- Section 58.1201 - Violations
- Section 58.1205 - Enforcement (Vehicles)
- Section 58.1226 - Enforcement (Airport Zoning)
- Section 60.160 - Enforcement (Landscaping)
- Section 62.200 - Certificate of Appropriateness Required
- Section 62.700 - Purpose (Historic Preservation)
- Section 64.300 - Prohibited Signs
- Section 64.302 - Prohibited, Unlawful and Nonconforming Signs Declared Nuisances; Removal