The Executive Director shall be responsible for the enforcement of the rules, regulations or charges set forth in this Port Manatee Tariff for and on behalf of the Manatee County Port Authority. If the Executive Director determines that there is a violation of the rates, rules or regulations set forth in said Tariff, he shall notify the alleged offending common carrier, vessel, vessel owner, shipper, receiver, tenant, agent or any other port facilities user, _in writing, describing the violation in detail and setting forth the particular portion of the Tariff alleged to be violated. Upon receipt of a notice of violation, the alleged offender shall cease all violative activities.
If the alleged offender does not cease all violative activities set forth in said written notice within ten (10) days of the receipt thereof, the Executive Director shall have the right to impose in writing any one or more of the following remedies: revoke or suspend the right to use port facilities; cancel or revoke personal identification badges for any one or more of the persons associated with the alleged offender; suspend or revoke the vehicular parking privileges of any one or more persons associated with the alleged offender; revoke or terminate the right of the alleged offender to rent space within Port Manatee pursuant to the provisions of this tariff; or any other remedy consistent with the foregoing. If aggrieved by the notice of violation, or written imposition of remedies, the alleged offender may appeal same by filing a written petition with the Port Authority within twenty (20) days of receipt of the notice of violation. The filing of the petition does not authorize the noticed activities to continue or recommence and does not stay the effect of the notice of violation. The Port Authority shall act upon the petition within thirty (30) days of its filing at a regular or special meeting of the Port Authority with notice to all affected parties. If still aggrieved by the decision of the Port Authority, the alleged offender may take further action in the courts as it deem appropriate.
If the violative activity, in the sound discretion of the Executive Director, is creating a condition that threatens human life or substantial property damage, or is otherwise eminently threatening the public health, safety and welfare, then the Executive Director may dispense with providing the notice of violation described above and may immediately proceed to direct the offending party or parties to cease and desist their violative activities and may take whatever affirmative action is appropriate under the particular circumstances to protect private persons and property from damage and protect the public health, safety and welfare. If the offending party or parties fail to cease and desist their violative activities, the Executive Director may immediately institute the appropriate proceedings for the enforcement of this Tariff item or other appropriate relief before the administrative agency or court of competent jurisdiction. Any costs reasonably incurred by the Port Authority in affirmatively enforcing its rates, rules and regulations under the immediately preceding paragraph shall be the responsibility of the party or parties found to be responsible for the violative activity.