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2002-24846 Reso RESOLUTION NO. 2002-24846 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA, PERMITTING MIAMI BEACH POLICE OFFICERS TO ENFORCE PROVISIONS OF THE MIAMI-DADE COUNTY CODE, SPECIFICALLY REGARDING VEHICLES FOR HIRE REGULATIONS. WHEREAS, the Code of Miami-Dade County, Florida permits the officials and inspectors of municipalities to participate in the enforcement of violations of the County Code; and WHEREAS, in order to participate in this enforcement, the City and the County must enter into an Interlocal Agreement; and WHEREAS, the Miami Beach Police Department has agreed to assume the responsibility for the enforcement of the County Code regulations regarding for-hire vehicles; and WHEREAS, Miami-Dade County has agreed to enter into an Interlocal Agreement with the City for this purpose; and WHEREAS, the Interlocal Agreement will become effective the day it is executed and will be for a term of one year, with an option to renew for two additional years, and the City will receive 75% of all fines collected, and the County will retain 25% of all fees collected to defray administrative costs. NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein authorize the Mayor and City Clerk to execute an Interlocal Agreement between the City and Miami-Dade County, Florida, permitting Miami Beach Police Officers to enforce provisions of the Miami-Dade County Code, regarding vehicles for hire regulations. PASSED and ADOPTED this 8th ATTEST: l1t{)AY P tfA-~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & fOR EXECUllON F:\POLl\TECHSERV\POLlCIES\COM_RESO\for hire vehicle interlocal agreement.res.wpd Q~~ ,.,., \-,!ly AHon~ 5/ JtPL Daffl CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution authorizing an interlocal agreement between the City of Miami Beach and Miami-Dade County that will allow Miami Beach police officers to enforce provisions of the Miami-Dade code regarding "For- Hire" vehicles. Issue: Shall the City of Miami Beach execute an interlocal agreement with Miami-Dade County that will give enforcement authority to Miami Beach police officers regarding "For,Hire" vehicles? Item Summary/Recommendation: The Administration recommends the adoption of this resolution which will allow Miami Beach police officers to enforce the Miami-Dade code regarding "For+lire" vehicles. Currently, these provisions are not being enforced due to the County's workload. The regulations governing "For-Hire" vehicles include advertising or permitting operations without a valid, current for-hire license, having a valid operating permit displayed, and having valid and sufficient insurance coverage amongst other regulations. 14 Miami Beach police officers assigned to the Accident Investigations Unit and Motor Squad will enforce the County regulations. The interlocal agreement also provides that the County will receive 25% of all fines collected to defray administrative costs for processing, hearings, etc.; the City of Miami Beach will receive 75% of all fines collected per annum in one lump sum. Advisory Board Recommendation: IN/A Financial Information: Amount to be expended: Finance Dept. Source of Funds: D Sign-Ofts: Department Director T:\AGENDA\2002\MAY0802\REGULAR\For Hire Interlocal Agreement 02 Summary. doc AGENDA ITEM DATE C7/~ s-:- g- -0 ~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: May 8, 2002 From: Jorge M. Gonzalez \ ~. City Manager d (;V'V (] A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MIAMI-DADE COUNTY, FLORIDA, PERMITTING MIAMI BEACH POLICE OFFICERS TO ENFORCE PROVISIONS OF THE MIAMI-DADE COUNTY CODE, SPECIFICALLY REGARDING VEHICLES FOR HIRE REGULATIONS. Subject: ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Under the provisions of the Miami-Dade County Code, Section acc, officials and inspectors of municipalities may participate in enforcing the civil violations of the Miami- Dade County Code. In order to participate, the City must enter into an Interlocal Agreement with Miami-Dade County. This Interlocal Agreement will permit Miami Beach Police Officers to enforce the provisions of the County Code regarding the regulations governing "For-Hire" vehicles. At present, there is no enforcement by the County due to the workload. The Miami Beach Police Department is willing to assume this responsibility. The Police Department has 14 police officers assigned to its Accident Investigations Unit and Motor Squad, and will utilize these officers to enforce the county reg ulations. This extra assig nment will in no way detract from the officer's regularly assigned duties. The provisions of Miami-Dade County Code acc, provide the regulations that govern vehicles used "For-Hire". These regulations include advertising or permitting operations without a valid, current for-hire license, permitting or authorizing any chauffeur or other person to operate any for-hire vehicle without the vehicle's current valid operating permit displayed, and allowing or permitting any person to operate a for-hire vehicle without current, valid and sufficient insurance coverage. The Interlocal Agreement will become effective when signed and will be in effect for a period of one year. The Agreement will be automatically renewed for two successive periods of one year each. Either party may terminate the agreement within 60 days of the renewal date. The Interlocal Agreement also provides that the County will receive 25% of all fines collected to defray administrative costs for processing, hearings, etc.; the City will receive 75% of all fines collected and will be reimbursed by the County annually in a lump sum. CONCLUSION This Interlocal Agreement will permit Miami Beach Police Officers to enforce the County ordinances regarding For-Hire vehicles that are currently not being enforced. This will also provide the City with revenues from the fines collected by the enforcement efforts. ~~V~ JMG/DD~RM1PS/HDC W F:IPOLlITECHSERVlPOLlCIESICOM_MEMOllor hire interlocal agreement2002. mem.doc .. .. , INTERLOCAL AGREEMENT This Interlocal Agreement is entered into this . ?-~ day of 3Vlo rc 2002 by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as the "Count}"'), and the City of Miami Beach, a municipality within Miami-Dade County, Florida (hereinafter referred to as the "City"); WITNESSETH WHEREAS, by Ordinance Number 94-38, Miami-Dade County extended to all municipalities within Miami-Dade County recourse to the civil violation enforcement process contained within Section 8CC of the Code of Miami-Dade County, Florida; and WHEREAS that ordinance requires as a condition preCedent to allowing such access that the City and the County enter into a mutually satisfactory interlocal agreement outlining, among other things, their relative rights and responsibilities in connection with such enforcement and related hearing process; and WHEREAS, the City and the County wish to participate in this process subject to the terms and conditions of this Interlocal Agreement more particularly set forth below; NOW THEREFORE the parties hereto agree as follows: 1 I. CITY AND COUNTY RESPONSIBILITIES 1. The City shall enforce the applicable provisions of the Code of Miami-Dade County set forth in Exhibit A by operation of this Interlocal Agreement. 2. Attached hereto as Exhibit B is a true and correct list of all individuals authorized to perform the enforcement functions contemplated by this Agreement (hereinafter referred to as the "Code Inspectors"). The title and job description for each such individual is also set forth in Exhibit B. The City shall be responsible for maintaining Exhibit B current at all times by communicating to the County any and all updates, additions and subtractions from each list. The City represents and warrants to the County that the individuals described in Exhibit B are, where required, properly licensed and qualified to perform the enforcement services contemplated hereunder, and that they are to perform these services. The County reserves the right to set minimum education, training, and background check requirements to be met by Code Inspectors. 3. The City, through its Code Inspectors, shall be authorized and required to perform within the City any and all functions of the Code Inspector set forth in Section BCC of the Code of Miami-Dade County, a copy of which is attached hereto as Exhibit C and incorporated herein by this reference, as the same may be amended from time to time, including but not limited to issuing civil violation notices, serving, posting and otherwise notifying the alleged violator, and appearing and testifying at any and all, administrative and other hearings related to an appeal of the violation. 2 4. The City shall maintain any and all records of violation and notice, and all required documentation required to uphold the findings of the Code Inspector, including but not limited to reports, photographs, and other substantial competent evidence to be utilized at any administrative or other hearing challenging the actions of the Code Inspectors. Such records and other documentation shall be compiled and maintained so that such records may be quickly referred to in connection with any such hearing. 5. The City shall provide such clerical and administrative personnel as may be required for the performance of any of the functions of the City as set forth in this Interlocal Agreement. 6. The City shall defend its own citations in any and all administrative hearings relating to those citations, and in any and all actions in court relating to such citations, including all appeals of administrative hearings, and shall provide its own counsel, at City's cost, to represent the City in all proceedings. The City shall be responsible for paying for any and all costs of transcription which it incurs, in connection with any and all such hearings. 7. The County shall provide hearing officers, hearing rooms, and such other clerical and administrative personnel as may be reasonably required by each hearing officer for the proper performance of his or her duties. 8. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade County (the "Order"). The City agrees to be bound to the full extent as required of a Department in the Order, except it shall only be authorized to enforce those provisions of the Code set forth in Section 1 of this Interlocal Agreement. The reference to the 3 County Attorney contained in Section 6 of the Department's Responsibilities shall be understood to refer to the City Attorney for purposes of this Interlocal Agreement. 9. After deduction of actual administrative costs and expenses, as defined in the Order, the County Clerk, with the concurrence of the County Budget Director, shall annually return to the City, the remainder of retained original fines, in the same fashion as these fines are returned to a non-general fund issuing department of the County. 10. The County shall be entitled to audit any and all records of the City maintained in connection with this Interlocal Agreement. 11. Either party may terminate this Agreement in the event that the other party commits a material breach. 12. This Inter/ocal Agreement shall be in effect for a period of one year following its date of execution and shall be automatically renewed for two successive periods of one year each, unless 60 days prior to its term, or extended term, either party signifies to the other its intent not to renew this agreement. This agreement shall not be extended beyond the term of three years. 13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the City shall indemnify and save the County harmless from and against any and all liability, actions and causes of action relating to the municipality's enforcement of the provisions of Chapter 8CC. 14. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. 4 ." .l .' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their duly authorized officers and the corporate seals the day and year first above written. APPROVED AS TO FORM AND LEGAL SUFFICIENCY /J~/'A "Assistant County Atto~ APPRO 0 AS TO FORM AND LEG SUFFICIENCY: APPAOVEO AS TO FORM & LANGUAGE & FOR EXECUTION /tAl I~n" 1.1 _ '(__U-C>?-- ~u.. MIAMI-DADE COUNTY, a political subdivision of the State of Florida BYJ~ ~.~Q St ve Shiv r ~ County Manager ATTEST: Harvey Ruvin, Clerk B~~ eputy lerk City of Miami Beach, a political subdivision of the State of Florida BY:~~e~ez City Manager ATTEST: 1flw~P~ City Clerk 5 EXHIBIT A Miami-Dade County Code Chapter 4, Article I, pertaining to Ambulances Chapter 4, Article III, pertaining to Non Emergency Transportation Vehicles* Chapter 31, Article I, pertaining to for-hire vehicles Chapter 31, Article II, pertaining to Taxicabs Chapter 31, Article III, pertaining to Passenger Motor Carriers* Chapter 31, Article IV, pertaining to Special Transportation Service Carriers* Chapter 31, Article V, pertaining to for-hire Chauffeurs Chapter 31, Article VI, pertaining to Limousines Chapter 30, Section 30-371 to 30-372, pertaining to private school buses* Provisions of the Code may be found at www.municode.com *These provisions are still enforced under the Field Enforcement Report (FER) system of the Consumer Services Department. All other articles and chapters are enforced through a civil citation process, as prescribed in Chapter 8CC of the Code. N:\wordpro\For Hire PTRD\EXHIBIT A Interloeal See agmt.doe EXHmIT B I. Names and job titles of all employees of municipality authorized to perform the applicable enforcement functions: lName of employee authorized to perform Job Title of municipal employee applicable enforcement functions "Joe Smith" Police Officer II. Job Description for all employees of municipality authorized to perform the applicable enforcement functions: III. Total number of employees of municipality authorized to perform the applicable enforcement functions: II. Job Description for all employees of municipality authorized to perform the applicable enforcement functions: III. Total number of employees of municipality authorized to perform the applicable enforcement functions: (' NextPage LivePublish Page 1 of 1 Chapter SCC CODE ENFORCEMENT* *Editor's note: Ord. No. 85-33, ~ 1, adopted May 21, 1985, added a chapter to the Code, which was numbered 8CC at the editor's discretion. Cross references: General penalty, ~ 1-5; municipal code enforcement boards, ~ 2-319. State law references: Code enforcement, F.S. ch. 162. http://livepublish.municode.com/4/lpext.dll/Infobase28/l /34c6?fn=document- frame.htm&f... 8/20/2002 NextPage LivePublish Page 1 of 1 Sec. 8CC-1. Civil offenses and penalties; hearing officers. The violation of any County ordinance listed in Section 8CC-10 of this chapter shall constitute a civil offense punishable by civil penalty in the amount prescribed in Section 8CC-10 and as modified by Section 8CC-4ofthis chapter. Accordingly, there is hereby created and established a code enforcement position to be filled by hearing officers to enforce the ordinances listed in Section 8CC-10 which are contained in and enacted pursuant to this Code. (Ord. No. 85-33, ~ 1(1), 5-21-85) http://livepublish.municode.com/4/lpext.dll/Infobase28/1/34c6/34cc?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 1 of 1 Sec.8CC-2. Qualifications of officers and removal; organization. (a) The County Manager shall create a Hearing Officer Review Board, comprised of three (3) members from code enforcement departments, one (1) member from the County Clerk's Office, two (2) members from the public at large, and one (1) member from the Office of the County Attorney. The duty of the Board shall be to recommend new Hearing Officer appointments and review, on an annual basis, the performance of Hearing Officers and, as necessary recommend the removal or reappointment of Hearing Officers to the County Manager. (b) The Hearing Officer Review Board shall use as its basis for recommendation for appointment, criteria to be developed by the Review Board for approval and concurrence of the County Manager and Clerk of the Board of County Commissioners. Such appointments by the County Manager shall be submitted to the Clerk of the Board for ratification by the Clerk. (c) Hearing Officers shall be residents of Miami-Dade County who possess outstanding reputations for civic pride, interest, integrity, responsibility, and business or professional ability. Appointments shall be made by the County Manager or his designee upon recommendation of the Hearing Officer Review Board and on the basis of experience or interest in code enforcement. Such appointments shall be submitted to the Clerk of the Board of County Commissioners for ratification by the Clerk. (d) The County Manager or his designee shall appoint as many Hearing Officers as are deemed necessary. Appointments shall be made for a term of one (1) year. Upon recommendation of the Hearing Officer Review Board, any Hearing Officer may be reappointed at the discretion of the County Manager, subject to ratification by the Clerk of the Board of County Commissioners. There shall be no limit on the number of reappointments that may be given to any individual Hearing Officer; provided, however, that a determination as to removal or reappointment must be made for each individual Hearing Officer at the end of each of his or her one-year term. The County Manager shall have authority to remove individual Hearing Officers with or without cause. Appointments to fill any vacancy shall be for the remainder of the unexpired term. (e) The Miami-Dade County Attomey's Office shall serve as general counsel to the Hearing Officers. If an appeal hearing is held pursuant to Section 8CC-8, the County Attorney's Office shall represent the County at such proceedings. (Ord. No. 85-33, ~ 1(2), 5-21-85; Ord. No. 86-22, ~ 1, 3-16-86; Ord. No. 90-6, ~ 1, 2-6-90; Ord. No. 99-55, ~ 1, 5- 25-99) http://1ivepublish.municode.com/4/lpext.dl1/Infobase28/1/34c6/34cf?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 1 of2 Sec. 8CC-3. Enforcement procedures. (a) For the purposes of this chapter, a "Code Inspector" is defined to be any agent or employee of Miami-Dade County whose duty is to assure the enforcement of and compliance with the Code of Miami-Dade County. Prior to being provided the authority to initiate enforcement proceedings under this Chapter, a Code Inspector shall be required to successfully complete a criminal background investigation as prescribed by administrative order of the County Manager. Subject to the requirements of Section 8CC-11 below, a "Code Inspector" is also defined to be any agent or employee of a municipality who has been authorized pursuant to that Section to assure code compliance. Municipal employees shall also be required to successfully complete a criminal background investigation prior to being provided authority to initiate enforcement proceedings under this Chapter. (b) Code Inspectors shall have the authority to initiate enforcement proceedings as provided below. No Hearing Officer shall have the power to initiate such proceedings. (c) For the purposes of this chapter, "violators" shall be deemed to be those persons or entities legally responsible for the violation of the ordinances listed in Section 8CC-10. (d) A Code Inspector who finds a violation of those ordinances of this Code listed in Section 8CC-10 shall determine a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of fairness; practicality; ease of correction; ability to correct; severity of violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. A time for correction need not be specified if the violation is deemed to be an uncorrectable violation. (e) A Code Inspector who finds such a violation shall issue a civil violation notice to the violator. Service shall be effected by delivering the civil violation notice to the violator or his agent, or by leaving the civil violation notice at the violator's usual place of abode with any person residing therein who is fifteen (15) years of age or older and informing that person of its contents. If such service cannot be effected, the civil violation notice may be sent by certified mail, return receipt requested, or by posting of the civil violation notice in a conspicuous place on the premises or real property upon which the violation has been observed. Such posting of the civil violation shall be deemed proper service, and the time for compliance, stated in the notice, shall commence with the date such notice is posted. (f) The civil violation notice shall include but not be limited to the following: (1) Date of issuance. (2) Name of Code Inspector and division or department issuing the notice. (3) Name and address of the violator. (4) Section number of the Code Section that has been violated. (5) Brief description of the nature of the violation, including location, date, and time of violation. (6) Amount of the civil penalty for which the violator may be liable. (7) Instructions and due date for paying the civil fine or filing for an administrative hearing before a Hearing Officer to appeal the civil fine. (8) Time within which the violation must be corrected if applicable. (9) Notice that each day of continued violation after the time period for correction has run shall be deemed a continuing violation subject to additional penalty in the same amount, without the need for additional notices of violation. (10) Notice that the filing of a request for an administrative hearing will toll the accrual of continuing violation penalties. (11) Notice that failure to request an administrative hearing within twenty (20) days, or within the specified time period listed for a violation of a specific Section of the Code, after service of the civil http://livepublish.municode.com/4/lpext.dll/Infobase28/1/34c6/34d6?fn=document- frame.... 8/20/2002 NextPage LivePublish Page 2 of2 violation notice shall constitute a waiver of t~e violator's right to an administrative hearing before the Hearing Officer, and that such waiver shall constitute an admission of violation. (12) Notice that the violator may be liable fo~ the reasonable costs of the administrative hearing should he be found guilty of the violation. , (13) Notice that the violator may be liable f~r the County's costs and expenses incurred as a result of investigation, enforcement, testing or monitoring should the violator be found guilty of the violation. (Ord. No. 85-33, ~ 1(3), 5-21-85; Ord. No. 86-22, ~ 1, 3-18-86; Ord. No. 90-6, ~ 1, 2-6-90; Ord. No. 94-38, ~ 1, 3- 3-94; Ord. No. 94-207, ~ 3, 11-1-94; Ord. No. 99-55, ~ 2,5-25-99; Ord. No. 99-55, ~ 2,5-25-99; Ord. No. 00-53, ~ 1, 5-9-00) http://livepublish.municode.com/4/lpext.dll/Infob e28/1/34c6/34d6?fn=document- frame.... 8/20/2002 I NextPage LivePublish Page 1 of 1 Sec. 8CC-4. Civil penalties and related terms construed. (a) Penalties for violations of the ordinances to be enforced by this chapter shall be in the amount prescribed in the schedule of civil penalties in Section 8CC-10. (b) An "uncorrectable violation" is a violation which cannot be remedied after the violation has been committed because the violation constitutes a single prohibited act rather than an ongoing condition or circumstance. Each reoccurrence of an uncorrectable violation shall constitute a separation violation and shall subject the violator to an additional penalty in the same amount as that prescribed for the original violation. If, however, a violator has been once found guilty of an uncorrectable violation, and causes the same uncorrectable violation to occur a second time, each reoccurrence of the uncorrectable violation by such violator shall constitute a "repeat violation" as provided in Section 8CC-4(d). (c) "Continuing violations" are those violations which remain uncorrected beyond the reasonable time period for correction contained in either the civil violation notice or the final order of the Hearing Officer, whichever is applicable. For each day of continued violation after the time for correction has run, an additional penalty in the same amount as that prescribed for the original violation shall be added. The maximum total penalty for anyone (1) continuing violation shall be fixed at twenty (20) times the original penalty amount. (d) A "repeat violation" is a recurring violation of an ordinance by a violator who has previously been guilty of the same violation within the last five (5) years. In the case of correctable violations, a repeat violation can occur only after correction of the previous violation has been made. For the first repeat violation, the amount of the civil penalty shall be double the amount of penalty prescribed for the original violation by Section 8CC-10. The amount of civil penalty due for each subsequent repeat violation shall be double the amount of penalty due for the first day of the immediately preceding violation, provided that the maximum penalty payable for the first day of any one (1) repeat violation shall be one thousand dollars ($1000.00). (e) A repeat violation which remains uncorrected beyond the time prescribed for correction in the civil violation notice shall be treated as a continuing violation, and the additional penalty for each day of continued violation shall be equal to the doubled amount due for the first day of the repeat violation. (f) Continuing violation penalties shall accrue from the date of correction given in the civil violation notice until the correction is made and payment of the fine is received if a request for administrative hearing is not timely filed. If the named violator requests an administrative hearing on a correctable violation and loses his appeal, the Hearing Officer shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth in Section 8CC-3(d). If correction is not made within the period set by the Hearing Officer, continuing violation penalties shall begin after the time for correction has run. No continuing violation penalties shall accrue during the time period from the date of the civil violation notice until the date of the administrative hearing, if the named violator timely requests an administrative hearing to appeal the decision of the Code Inspector. Continuing violation penalties cannot be imposed by the Hearing Officer for uncorrectable violations. (g) Civil penalties assessed pursuant to this chapter are due and payable to Miami-Dade County on the last day of the period allowed for the filing of an appeal from the Hearing Officer's decision, or, if proper appeal is made, when the appeal has been finally decided adversely to the named violator. (Ord. No. 85-33, ~ 1(4), 5-21-85; Ord. No. 90-6, ~ 1, 2-6-90; Ord. No. 93-71, ~ 1, 7-15-93; Ord. No. 99-55, ~ 3,5- 25-99; Ord. No. 00-53, ~ 2, 5-9-00) http://livepublish.municode.com/4Ilpext.dll/Infobase28/1/34c6/34eb?fn=document- frame.h... 8/20/2002 1 NextPage LivePublish Page 1 of 1 Sec. 8CC-5. Rights of violators; pay Lent of fine; right to appeal; failure to pay and correct, or to appeal. (a) A violator who has been served with a civil violation notice shall elect either to: (1) Pay the civil penalty in the manner indicated on the notice, and correct the violation within the time specified on the notice (if applicable); or (2) Request an administrative hearing before a Hearing Officer to appeal the decision of the Code Inspector which resulted in the issuance of the civil violation notice. (b) Appeal by administrative hearing of the notice of violation shall be accomplished by filing a request in writing to the address indicated on the notice, within the time limit stipulated in the specified Code Section which is enforced pursuant to the provisions of this chapter, or no later than twenty (20) calendar days after the service of the notice, whichever is earlier. (c) If the named violator after notice fails 'to pay the civil penalty and correct the violation within the time specified (if applicable), or fails to timely request an administrative hearing before a Hearing Officer, the Hearing Officer shall be informed of such failure by report from the Code Inspector. If the named violator pays the civil penalty for a correctable violation but does not correct that violation within the time specified, each day that the violation continues beyond such specified time shall constitute a continuing violation. Failure of the named violator to appeal the decision of the Code Inspector within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the Hearing Officer. A waiver of the right to administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. (Ord. No. 85-33, ~ 1(5), 5-21-85; Ord. No. 86-22, ~ 1, 3-18-86; Ord. No. 90-6, ~ 1, 2-6-90; Ord. No. 94-207, ~ 3, 11-1-94) http://livepublish.municode.com/4/lpext.d1VInfobase28/1/34c6/34 f4 ?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 1 of3 Sec. 8CC-6. Scheduling and conduct of hearing. (a) Upon receipt of a named violator's timely request for an administrative hearing, the Hearing Officer shall set the matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as possible or as mandated in the specified Code Section which is enforced pursuant to this chapter. (b) The Hearing Officer shall send a notice of hearing by first class mail to the named violator at his last known address. The notice of hearing shall include but not be limited to the following: (1) Name of the Code Inspector who issued the notice. (2) Factual description of alleged violation. (3) Date of alleged violation. (4) Section of the Code allegedly violated. (5) Place, date and time of the hearing. (6) Right of violator to be represented by a lawyer. (7) Right of violator to present witnesses and evidence. (8) Notice that failure of violator to attend hearing may result in civil penalty being assessed against him. (9) Notice that requests for continuances will not be considered if not received by the Hearing Officer at least ten (10) calendar days prior to the date set for hearing. (c) The Hearing Officers shall call hearings on a monthly basis or upon the request of the Clerk of the Board of County Commissioners. No hearing shall be set sooner than twenty (20) calendar days from the date of service of the notice of violation. (d) A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the Hearing Officer at least ten (10) calendar days prior to the date set for the hearing. (e) All hearings of the Hearing Officer shall be open to the public. All testimony shall be under oath. Assuming proper notice, a hearing may proceed in the absence of the named violator. (f) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. (g) The Clerk of the Board of County Commissioners shall provide clerical and administrative personnel as may be reasonably required by each Hearing Officer for the proper performance of his duties. (h) Each case before a Hearing Officer shall be presented by the County Manager or his designee. (i) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the Hearing Officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. 0> Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. (k) The Hearing Officer shall make findings of fact based on evidence of record. In order to make a finding upholding the Code Inspector's decision, the Hearing Officer must find that a preponderance of the evidence indicates that the named violator was responsible for the violation of the relevant Section of the Code as charged. http://livepublish.municode.com/4/lpext.dll/Infobase28/1 /34c6/34tb?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 2 of3 (I) If the named violator is found guilty of the violation, he shall pay the reasonable costs of the administrative hearing and the costs and expenses of the County for investigation, enforcement, testing, or monitoring. The costs and expenses of the County for investigation, enforcement, testing, or monitoring shall be calculated and submitted to the Hearing Officer, to be attached to the final order for amount owed, in standard format as prescribed by departmental administrative orders of the County Manager. All costs of enforcement shall be paid within thirty (3D) days of the date of the administrative hearing unless an alternate timeframe is established by the department. (m) The fact-finding determination of the Hearing Officer shall be limited to whether the violation alleged did occur and, if so, whether the person named in the civil violation notice can be held responsible for that violation. Based upon this fact-finding determination, the Hearing Officer shall either affirm or reverse the decision of the Code Inspector as to the responsibility of the named violator for the Code violation. If the Hearing Officer affirms the decision of the Code Inspector, the Hearing Officer, pursuant to Section 8CC-4{f), shall determine a reasonable time period within which correction of the violation must be made, provided however, that such time period shall be no more than thirty (3D) days. If the Hearing Officer reverses the decision of the Code Inspector and finds the named violator not responsible for the Code violation alleged in the civil violation notice, the named violator shall not be liable for the payment of any civil penalty, absent reversal of the Hearing Officer's findings pursuant to Section 8CC-8(a). If the decision of the Hearing Officer is to affirm, then the following elements shall be included: (1) Amount of civil penalty. (2) Administrative costs of hearing. (3) Date by which the violation must be corrected to prevent imposition of continuing violation penalties (if applicable). (n) The Hearing Officer shall have the power to: (1) Adopt procedures for the conduct of hearings. (2) Subpoena alleged violators and witnesses for hearings; subpoenas may be served by the Miami- Dade County Sheriffs Department or by the staff of the Hearing Officer. (3) Subpoena evidence. (4) Take testimony under oath. (5) Assess and order the payment of civil penalties as provided herein. (o) (1) A Hearing Officer shall postpone and shall not conduct a hearing if the named violator, prior to the scheduled hearing date, files with a duly authorized County board of appropriate jurisdiction an administrative appeal concerning the interpretation or application of any technical provisions of the Code Section allegedly violated. However, once an issue had been determined by a Hearing Officer in a specific case, that issue may not be further reviewed by a County board in that specific case. A named violator waives his right to administrative appeal to other County boards if the violator does not apply for such appeal prior to the violator's code enforcement hearing before the Hearing Officer. (2) Upon exhaustion of a timely filed administrative appeal and finalization of the administrative order by such board, the Hearing Officer may exercise all powers given to him by this chapter. The Hearing Officer shall not, however, exercise any jurisdiction over such alleged Code violations until the time allowed for court appeal of the ruling of such board has lapsed or until such further appeal has been exhausted. (3) The Hearing Officer shall be bound by the interpretations and decisions of duly authorized County boards concerning the provisions of the codes within their respective jurisdictions. In the event such a board decides that an alleged violation of the Code is not in accordance with such board's interpretation of the Code provision on which the violation is based, the Hearing Officers shall not be empowered to proceed with the enforcement of the violation. (Ord. No. 85-33, ~ 1(6), 5-21-85; Ord. No. 86-22, ~ 1, 3-18-86; Ord. No. 90-6, ~ 1, 2-6-90; Ord. No. 94-207, ~ 3, 11-1-94; Ord. No. 99-55, ~ 4, 5-25-99; Ord. No. 00-53, ~ 3, 5-9-00) http://livepublish.municode.com/4/lpext.dll/Infobase28/1 /34c6/34 fb?fn=document-frame.h... 8/20/2002 NextPage LivePublish Page 3 of3 http://livepublish.municode.coml4Ilpext.d1l1Infobase28/1/34c6/34fb?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 1 of 1 Sec. 8CC-7. Recovery of unpaid civil penalties; unpaid penalty to constitute a lien; interest to be paid on liens; foreclosure; prohibition of the issuance of permits, licenses, certificates of use and occupancy, or zoning approvals to violators with unpaid civil penalties or liens. (a) Miami-Dade County may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties. (b) A certified copy of an order imposing a civil penalty may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists or upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, Miami-Dade County may foreclose or otherwise execute on the lien. (c) Liens created pursuant to Section 8CC-7 may be discharged and satisfied by paying to Miami-Dade County the amount specified in the notice of lien, together with interest thereon from the date of the filing of the lien computed at the rate of twelve (12) percent per annum, together with the administrative costs, filing and recording fees and fees paid to file a satisfaction of the lien in the public records. When any such lien has been discharged, Miami-Dade County shall promptly cause evidence of the satisfaction and discharge of such lien to be recorded in the public records. Any person, firm, corporation or legal entity, other than the present owner of the property involved, who pays any such unsatisfied lien shall be entitled to receive an assignment of the lien held by the County and shall be subrogated to the rights of the County in respect to the enforcement of such lien, as permitted by law. (d) Notwithstanding any provision of this Code, no County or municipal officer, agent, employee or Board shall approve, grant or issue any operating permit, license, building permit, certificate of use and occupancy, municipal occupational licenses, platting action, or zoning action to any named violator with (i) unpaid civil penalties; (ii) unpaid administrative costs of hearing; (iii) unpaid County investigative, enforcement, testing, or monitoring costs; or (iv) unpaid liens, any or all of which are owed to Miami-Dade County pursuant to the provisions of the Code of Miami-Dade County, Florida. (Ord. No. 85-33, ~ 1(7), 5-21-85; Ord. No. 99-55, ~ 5,5-25-99; Ord. No. 00-53, ~ 4,5-9-00) http://livepublish.municode.com/4/lpext.dll/Infobase28/l /34c6/3 51 f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 1 of 1 Sec. 8CC-8. Appeals. (a) The named violator or the County may appeal a final order of the Hearing Officer for all violations except those contained in Chapter 5 of the County Code by filing a notice of appeal in the Circuit Court in and for Miami- Dade County, Florida, in accordance with the procedures and within the time provided by the Florida Rules of Appellate Procedure for the review of administrative action. (b) For violations of Chapter 5 of the County Code, the violator or the County may seek to overturn the oreler of a Hearing Officer by making application to Miami-Dade County Court for a trial de novo on the merits. Such application shall be filed within thirty (30) calendar days of the issuance of the order sought to be overturned. A violator shall have the right to a de novo proceeding provided that all administrative remedies have been exhausted. Failure to make such application within the prescribed thirty-day period shall render the findings of the Hearing Officer conclusive, binding and final. All findings of the Hearing Officer shall be admissible evidence at any de novo proceeding held pursuant to this section. (c) Unless the findings of the Hearing Officer are overturned in a proceeding held pursuant to Section 8CC-8 (a), all findings of the Hearing Officer shall be admissible in any proceeding to collect unpaid penalties. (Ord. No. 85-33, ~ 1(8), 5-21-85; Ord. No. 86-22, ~ 1, 3-18-86; Ord. No. 90-6, ~ 1, 2-6-90; Orel. No. 91-127, ~2, 10-15-91) http://livepublish.municode.com/4/lpext.d1l/Infobase28/1 /34c6/3 525?fn=document- frame.... 8/20/2002 NextPage LivePublish Page 1 of 1 Sec. SCC-9. Provisions contained herein are supplemental; general penalty for failure to correct violations. (1) Nothing contained in this chapter shall prohibit Miami-Dade County from enforcing its Code by any other means. The enforcement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any Section of this Code. (2) It shall be unlawful for a named violator found guilty of a code violation pursuant to Section 8CC-5(c) or Section 8CC-6 to fail to correct the violation as set forth in the uniform civil violation notice and said failure shall be a separate offense punishable as set forth in Section 1-5 of the Code of Miami-Dade County, Florida. (Ord. No. 85-33, ~ 1(9), 5-21-85; Ord. No. 99-55, ~ 6,5-25-99) http://livepublish.municode.com/4/lpext.dl1/Infobase28/1/34c6/352a ?fu=document-frame.h... 8/20/2002 NextPage LivePublish Page 1 of32 Sec. 8CC-10. Schedule of civil penalties. The following table shows the sections of this Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the violation of these sections as they may be amended. The "descriptions of violations" below are for informational purposes only and are not meant to limit or define the nature of the violations or the subject matter of the listed Code sections, except to the extent that different types of violations of the same Code section may carry different civil penalties. For each Code section listed in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter acc, regardless of whether all activities proscribed or required within that particular section are described in the "Description of Violation" column. To determine the exact nature of any activity proscribed or required by this Code, the relevant Code section must be examined. TABLE INSET: Code Description of VIOlation CMI SecIion Penally 2-8.1 Disclosing false information $ 500.00 2-100(d) Illegal object(s) in the right-of-way not conforming with 200.00 Public Wor1ts Manual 2-103.1 Construction in right-of-way without permit 200.00 2-103.1 Construction in right-of-way nonconfonning with public 200.00 works manual 2-103.1 Ilegal paving or drainage construction on private property 200.00 2-103.15(d) Illegal signs in right-of-way which penelrale or injure a tree 500.00 2-103.15(d) Illegal signs allixed to tree 500.00 2-103.15(d)(1) Illegal signs in the right-of-way constructed of a material 100.00 known as paper (made of cellulose pulp. derived mainly from wood used mainly for writing, printing. etc.). cardboMl, or any other material known as paper 2-103.15(d)(2) Illegal signs in the right of wSlf allixed with an adhesive or 250.00 glue, or secured with bricks, rocks, concrete blocks, metal rods or any other similar securing device that hindlllS the removal of the Ulegal sign 2-103.15(d)(3) IMegal signs in the right-of-way constructed and/or framed 200.00 in wood, metal, or any other non-paper or non-plaslic material up to 22 X 28 inches in total size 2-103.15(d)(4) Illegal signs in the right-of-way conslJUcted and/or framed 500.00 in wood, metal. or any other non-paper or non-plaslic material over 22 X 28 inches in total size 2-103.15(d)(5) IMegal signs in the right-of-way conslJUcted of plastic or 200.00 other simlar plastic-like synthetic material 2-103.15(d)(6) Illegal banners, pennants, or streamelS in the right-of-way 500.00 2-103.16 Placing an article in the public right-of-way without a 100.00 permit or faDing to remove a newsrack after a permit has been denied VIOlation Advertising naming its business or otherwise holding itself 500.00 of Article XVII out in such a way as to represent itself as an agent for the Section County or State regarding the functions of a branch auto 2-119(a) and (b) tag agency without prior written approval from the County Manager 2-103.21(H) Unauthorized use of fire hydrant 500.00 2-103.21(1) Unauthorized tampering with fire hydrant 500.00 2-970 Resisting or obslJUcting enforcement 500.00 2-973 Violation of the tenTlS of a consent agreement 500.00 All other Chapter 2 violations 200.00 4-3(a) Providing ambulance service without a certificate of public 1,000.00 convenience and necessity 4-3(a) Advertising ambulance service without a certificate of 1,000.00 public convenience and necessity http://1ivepublish.municode.coml4I1pext.dlllInfobase28/1/34c6/352f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 2 of32 4-7(a) Chllllling an unlawful rate 500.00 4-7(a) Failure to post any and all authorized rates 500.00 4-8(a)(1) Fa~ure to make all records available for inspection or audit 500.00 by the county 4-8(a)(1) Failure to furnish requested financial and/or operating data 500.00 to the county 4-8(a)(2) Failure to maintain twenty-four (24) hour public telephone 500.00 access 4-8(a)(3) Failure to provide the county manager with a current fist of 500.00 telephone numbers and addresses of responsible management personnel 4-8(a)(4) Failure to provide service twenty-four (24) hours each and 500.00 Mfy day 4-8(a)(5) Failure to promptly answer Mfy telephone call for service 500.00 4-8(a)(6) Failure to load and transport patients with a medical 500.00 emergency regardless of ability to pay 4-8(a){7) Failure to provide each transport unit with direct two-way 500.00 communications with a central dispatcher at ail times 4-8(a)(8) Failure to tape record all radio and telephonic service 500.00 related conversations requesting ambulance service received through the communications center 4-8(a)(8) Failure to maintain radio and telephonic tapes for at least 500.00 sixly (60) days 4-8(a)(9) Failure to inform complainants of their right to redress 500.00 unresolved grievances by providing the name, mailing address and telephone number of the office designated by the county manager to enforce provisions of this article and receive complailts 4-8(a){10) Failure to notify county of change in vehicle data 500.00 4-8(a){11) Failure to abide by response tines for each type of 1,000.00 scheduled and unscheduled transport 4-8(c) Hiring of individuals in violation of Section 4-8(b) 500.00 4-8(d) Failure to obtain annual vehicle operating pennit 1,000.00 4-8(e) Failure to have vehicle annually inspected 500.00 4-8(f) Operating a vehicle with lights and siren on a 500.00 nonemergency cal 4-8(g) Operating a hospital-based air ambulance in violation of 1,000.00 the Code 4-8(k) TlCllsporting more than one patient in an ambulance 500.00 vehicle 4-8~) Operating in excess of the authorized number of active 1,000.00 and/or reselVe vehicles 4-13(c) Engaging an ambulance or air ambulance with intent to 1,000.00 defraud the certificate holder 4-16(a) Knowingly placing or publishing an advertisement without 1,000.00 the existence of a certificate 5-2 Keeping wild animals or reptiles 200.00 5-2.1 Failure to ensure that animal sterilization requirements are 500.00 met and/or breaching an agreement to sterifize an animal 5-2.2(b){1) Inadequately maintained housing facility for animals. 200.00 5-2.2(b)(2) Failure to provide water or water not free of debris. 200.00 5-2.2(b){3) Improperly stored food. 100.00 5-2.2(b)(4) Inadequate ventilation. 200.00 5-2.2(b)(5) Failure to provide shade or insulIicient shade. 200.00 5-2.2(b){6) Failure to meet primary enclosure standards. 200.00 5-2.2(b)(7) Inadequate or insufficient food. 200.00 5-2.2(b){8) Failure to clean primary enclosure. 200.00 5-2.2(b)(9) Improper separation of animals 500.00 5-2.2(c)(1) Failure to administer required vaccines and anthelrnlllics 500.00 to a dog or failure to test a dog for heartworm before http://livepublish.municode.coml4Ilpext.dlllInfobase28/1/34c6/352f?fn=document-frame.h... 8/20/2002 NextPage LivePublish Page 3 of 32 offering It for sale or the appropriate time prior to sale. 5-2.2(c)(2) Failure to administer required vaccines and anthelmintics 500.00 to a cat or faHure to test a cat for feline leukemia before olfering it for sale or the appropriate time prior to sale. 5-2.2(cX3) Failure to microchip a dog or cat prior to sale. 500.00 5-2.2(c)(4) Failure to have current official certificate of veterinary 500.00 inspection at all times a dog or cat is being offered for sale or is sold. 5-2.2(c)(6) Offering for sale or sale of a dog or cat prior to eight (8) 500.00 weeks of age. 5-2.2(c)(7) Failure to provide records for inspection. 500.00 5-2.2(d)(1 ) Sale or breeding of WoIf-hybrids. 500.00 5-2.2(e) Failure to obtain a commercial breeder's license. 500.00 5-2.2(e)(6) Operating as a commercial breeder after suspension 500.00 revocation or denial of a cormnercial breeder's license. 5-2.2(ij Failure to register as a hobby breeder. 250.00 5-2.2(g) Failure to obtain/renew kemellicense. 250.00 5-2.2(g)(6) Operating a kennel after suspension, revocation or denial 500.00 of a kennel license. 5-2.2(h) Failure to obtain/renew pet store license. 250.00 5-2.2(h)(6) Operating a pet store suspension, revocation or denial of a 500.00 pet store license. 5-2.3 Sale or possession of dyed baby chickens, ducknngs, 200.00 rabbits or other animals or fowl 5-2.3.1 Sale of turtles without salmonella test 200.00 5-2.3.2 Failure to post waming at displays of turlIes for retail sale 200.00 5-2.4.1 (a) Failure to secure animal whOe transporting in open vehicle 1st offense 50.00 2nd offense 100.00 3rd offense 200.00 5-2.4.1 (b) Tl'lIISJlOf'ling animal in trunk of vehicle 1st offense 50.00 2nd offense 100.00 3rd offense 200.00 5-2.5 Cruelly to animals 500.00 5-2.6(b) Trapping without a valid trapper's lcense 250.00 5-2.6(b)(4) Using a trapping ncense of another or allowing another to 250.00 use a trapper's ticense 5-2.6(b)(5) Trapping while lcense suspended or denied 250.00 5-2,6(c)(1) Using an unsafe trap 100.00 5-2.6(c)(2) Using poison, a poisonous substance or a stupefying 500.00 substance in a trap 5-2.6(c)(3) Failure to properly identify a trap 50.00 5-2.6(cX4) Failure to inspect traps daily 100.00 5-2.6(c)(5) Improper disposition of a trapped animal 500.00 5-2.6(c)(6) Failure to provide monthly report 1st offense 50.00 2nd offense 100.00 3rd offense 250.00 5-2.6(d) Disturbing the trap of another 500.00 5-2.7(b) Grooning without a valid 6cense 250.00 http://1ivepublish.municode.coml4Ilpext.dlllInfobase28/1/34c6/352f?fn=document- frame.h... 8120/2002 NextPage LivePublish Page 4 of32 5-2.7(b)(4) Using a groomer license of anoIher or aIowing another to 250,00 use your lcense 5-2.7(b)(6) Operating as a groomer after suspension, revocation. or 500.00 denial of a license 5-2.7(c)(1) Failure to meet primary enclosure standards 200.00 5-2.7(d) Failure to maintain adequate ventilation 200.00 5-2.7(e)(1) Failure to perform proper record keeping 50.00 5-2.7(1) Failure to maintain sanitary conditions for animals 200.00 5-2.8(b) Training without a valid license 250.00 5-2.8(b)(4) Using a trainer license of anolher or allowing another to 250.00 use your license 5-2.8(b)(6) Operating as a trainer after suspension, revocation, or 500.00 denial of a license 5-2.8(c)(1) Failure to meet primary enclosure standards 200.00 5-2.8(d) Failing to maintain adequate ventilation 200.00 5-2.8(e)(1) Failure to perfonn proper record keeping 50.00 5-2.8(1) Inappropriate or inadeqUately maintained animal apparatus 200.00 5-4 Dog on beach or in park 50.00 5-5 Dog defecating or urinating on public or common property 50.00 5-6(a) Spayed/neutered dog running allarge in any manner First Offense 50.00 Second Offense 100.00 Third Offense 200.00 Each Subsequent Offense 250.00 5-6(c) Intact dog runring at large in any manner First Offense 150.00 Second Offense 200.00 Third Offense 300.00 Each Subsequent Offense 350.00 5-6.1 (a) Dog becoming a public nuisance 50.00 5-6.2(b) Failure to confine dog during dangerous dog investigation 100.00 or hearings: faikJre to provide address where the animal resides; relocating the dog during the investigation or hearings; or transfer of ownership during the investigation or hearing 5-6.2(d)(17) Failure to confine dog during the dangerous dog 250.00 detenninalion appeal period 5-6.2(e) Failure to register dog as dangerous; renewal 500.00 5-6.2(g) Failure to give notice to Animal Control of certain 500.00 occurrences invoMng dangerous dogs 5-6.2(h) Failure to notify Animal Control of change of ownership of 500.00 dangerous dog 5-6.2(ij Failure to muzzle or restrain dangerous dog 500.00 5-6.2(j) UsIng dangerous dogs in hunting 500.00 5-6.2(m) Dangerous dog attacksIbites person or other animal 500.00 5-6.2(n}(1} Dog not dassified as dangerous attacks/severely injures or 500.00 causes death to person 5-6.2(n)(2} Dog not dassified as dangerous attacksIseverely ir1ures or 500.00 causes death to animal 5-6.2(o} Dangerous dog allacks/severely injures or causes death to 500.00 person 5-7 Failure to vaccinate dog against rabies 50.00 5-8 Failure to obtain required license tag for spayed/neutered 50.00 http://livepublish.municode.coml4I1pext.dll1Infobase2811 /34c6/3 52f?fu=document- frame.h... 8/20/2002 NextPage LivePublish Page 5 of32 dog Failure to obtain required license tag for an intact dog 150.00 5-8.2 Failure of veterinarians to report vaccination, have license 250.00 tags available for sale, and have County licensing literature available 5-8.3 Failure to sell Ucense and puppy tags upon transfer of 250.00 ownership of dogs and puppies, to have County licensing literature avaUable, and to report vaccination or sale of tags 5-11.1 Failure to follow euthanasia requirements 200.00 5-15.1 Hindering or resisting Animal Control OIIicer or intelfeling 500.00 with animal trap 5-17.2 Failure to confine pit bull dog 500.00 5-17.3 FaHure of the owner of pit bun dog to maintain insurance or 500.00 other evidence of financial responsibility 5-17.4 Failure to register pit bul dog 500.00 5-17.6 Acquisition or keeping of pit bull dogs 500.00 5-17.7 Failure to post pit buD sign 500.00 5-18 VIOlations of dogfighting prohibitions 500.00 5-20 Failure to vaccinate cat against rabies 50.00 5-25 Failure to vaccinate ferret against rabies 25.00 8-1 Building Code violations: Note: Sections relating to Florida Building Code wiD have a "FBC" prefix. 8-1 FBC S 104: FaHure of owner-builder or contractor to obtain 500.00 permit 8-1 FBC S 105.5: Failure to display permit card 100.00 8-1 FBC S 105.6: Failure to obtain required inspection 500.00 8-1 FBC S 106.1: Failure to obtain required Certificate of 500.00 OcaIpancy rCOj prior to use or occupancy or before a temporary CO expires 8-1 FBC S 106.2: Failure to obtain required Certificate of 500.00 Completion ("CCj prior to use or occupancy 8-1 FBC S 106.3: Unlawfully connecting utility service 500.00 8-1 FBC Chapter 11: Failure to provide required handicapped 500.00 accessibility 8-1 FBC S 1817.1: Failure to properly guard and protect an 500.00 excavation 8-1 FBC S 1817.1: Failure to properly underpin or protect a 1,000.00 footing or foundation against seIllemenI caused by an excavation 8-1 FBC S 1817 .2: Unlawfully making an excavation which 1,000.00 endangers adjoining property or buildings or is a menace to public health or safety 8-11(a) Failure to maintain a building or structure in a safe 500.00 condition; failure to maintain devices or safeguards in good working order 8-11(c) Failure to obtain a certificate of inspection prior to placing 1,000.00 in operation or continuing in operation any boiler or pressure vessel 8-11(c)(5) Failure to post the required certificate of inspection for a 500.00 boiler or pressure vessel 8-11(f)(IV)(1) Failure of the owner of a 40 YeBl old building to furnish 500.00 required written report to the Building 0fIiciaI 8-11(f)(IV)(5) Failure of the owner of a 40 year old buDding to complete 500.00 required repairs or modifications 8-14 Failure to remove debris, equipment materials or sheds 200.00 8-16 Failure to secure buildings and equipment 500.00 8-21 Failure of property owner or permit holder to allow entry, 500.00 SFBC S 201.1(c) South Florida Building Code S 201.1.b.1. 8-21 Failure to comply with lawful stop work order, South Florida 500.00 SFBC S 201.1 (d) Building Code, SS 201e.1., 201.3.e. http://livepublish.municode.com/4/lpext.dl1/Infobase28/1/34c6/3 52f?fn=document-frame.h... 8/20/2002 NextPage LivePublish Page 6 of32 AI oIher Building Code vIoIallons 200.00 SA-1.1 (b) Failure to provide County approved visitor information map 250.00 SA-1.1(e) Failure to obtain signed or initialed acknowledgment 250.00 8A-1.1(e) Failure to maintain records 250.00 8A-1.1 (e) Failure to provide records upon the Director's request 250.00 SA-1.1(f) Improper alteration or modification of an approved visitor 250.00 information map SA-2 Renting car with car rental markings 100.00 8A-3 Failure to make available required chAd restraint devices 300.00 SA-3.1 Failure to post sign or provide written notice 300.00 SA-4(a) Failure to display or maintain proper motor vehicle fuel 200.00 price sign SA-4(b) Failure to display or maintain motor vehicle fuel price sign 200.00 confonning to IsIed requirements 8A-4{c) Failure to display proper supplemental motor vehicle fuel 200.00 price sign SA-5 Price gouging during declnd state of emergency 500.00 SA-6(a), (b) and (c) Disclosure requirements for retaH shutter sales 500.00 SA-7 Soliciting motor vehicle repair wen within one thousand 5,000.00 (1,000) yards of Florida Motor Vehicle Inspection Station on public road or public right-of-way 8A-8.3 SeIf-seMce merchandising of tobacco products 500.00 SA-75 VIOlation of fair packaging act 100.00 SA-76.1(A) Failure of a retail establishment to display identification on 100.00 shopping carts 8A-76.1(B) Failure of a retail establislvnent to reIrieve shopping cart 100.00 per shopping ca1 from Department of Solid Waste Management 8A-82.1 VIOlation of any term or condition of a wriIIen assurance of 500.00 compHance SA-85 Selling, keeping. offering or exposing for sale, or disposing 500.00 of any commodity ordered off sale, marked, or tagged as provided 8A-86 VIOlation of the terms of a stop-use. slOlH8fT1OVal, or 500.00 removal order SA-OO Failure to correct or dispose of rejected weights and 500.00 measures SA-93 Sening commodities by improper un~ of measure 100.00 SA-94 Improper packaging of commodities 100.00 8A-95 Falure to indude un~ price on package 100.00 8A-96 tdsIeading packaging 200.00 SA-97 Improper advertising of packaged commodities 100.00 SA-98 Nonconformance with packaging and labeling regulations 100.00 promulgated by the Director 8A-98.1 Failure to properly label perishable food packages with 200.00 proper terminal shelf life date SA-98.2 Improper packaging of specified meals, poultly, fish or 100.00 seafood SA-99 Failure to use 'net weighr when selling a commodity by 100.00 weight SA-100 Failure to sell specified meats, meat products, poultJy or 100.00 seafood by weight 8A-101 Improper sale of bread 100.00 8A-102 Improper sale of butter or margarine 100.00 SA-103 Improper sale of fluid dairy products 100.00 8A-104 Improper packaging of flours. com meal or hominy grits 100.00 8A-105 Failure to provide duplicate delivery ticket when delivering 100.00 bulk delveries of commodities sold in terms of weight 8A-106 Improper sale or delivery of fumace or stove oil 100.00 http://livepublish.municode.coml4Ilpext.d11/Infobase2811/34c6/352f?fn=document-fraIne.h... 8120/2002 NextPage LivePublish Page 7 of32 SA-107 bnproper sale of benies or smaI fruits 100.00 SA-108(a) Making or disseminating untrue or misleading 500.00 advertisements 8A-108(b) Msleading or deceiving public through use of variations in 500.00 size of marking in advertisements, price lags, etc. BA-108(c) Failure to propel1y define "wholesale' in advertisements 500.00 SA-108(d) Improper advertising as provided 500.00 8A-109 Improper adveItisement of meats 200.00 8A-110(a) Failure to propel1y adveI1ise the complete purchase price 500.00 8A-110(b) Untrue or misleading representation of character 500.00 SA-110(c) Illegal use of words 'Public Notice: 'Public Sale,' etc. 200.00 SA-110(d) Failure to propel1y display contingency, condition or 500.00 limitation on an offer 8A-110.1 Oisaimination in Tipping 1,000.00 8A-110.1 Failure to Properly Post Required Notice 500.00 SA-111 Misrepresentation of price 200.00 SA-111.1 Obstruction of price screen 500.00 8A-112 Failure to provide for or allow proper checkweighing of 100.00 prepackaged commodities 8A-113 Engaging in deceptive trade practices 500.00 SA-114 Failure to provide baby diaper-changing accomodations 500.00 SA-115(a) Possession or use of incorrect weight or measure 200.00 SA-115(b) Possession or use of unmar1ted or unsealed weight or 200.00 measure SA-115(c) Improper disposal of rejected weight or measure 200.00 BA-115(d) Improper rerncwal of mark or seal from weight or measure 200.00 SA-115(e) Misrepresentation of quantity 200.00 8A-115(f) Misrepresentation of quantity by buyer 200.00 SA-115(g) I.egal sale or advertisement of commodities or services 200.00 8A-115(h) Improper placement of weight or measure 200.00 SA-115(i) Selling perishable food without a proper terminal shelf life 200.00 date on the label SA-115(D Improper packaging of meat 100.00 8A-117 Hindering or obstructing Director or inspector 500.00 8A-118 Impersonation of Director or inspector 500.00 8A-119 VIOlation of adopted misdemeanor statutes 500.00 SA-124.1(a) Display or advertisernerrt of go-carts or mini bikes without 500.00 required words as presaibed 8A-124.1(b) Failure by seller to obtain proper signed statement from a 100.00 purchaser of a ge><m or mini bike 8A-124.8 PrIce disaimination because of gender 500.00 All oIher Chapter SA Article III, Division 6 violations 200.00 SA-124.13 Failure to deliver tiUe loan agreement \Mth all information 1,000.00 and disclosures required in sec. SA-124.13. Penalty for each Item of noncornpliance. 8A-124.14 Chqing interest or other charges prohibited by sec. SA- 1,000.00 124.14. Penalty for each item of noncomplance. BA-124.15 Failure to retum certificate of !iUe, or repossess and 1,000.00 dispose of vehicle in compliance with sec. SA-124.15. penaty for each Item of noncompliance. 8A-124.16 Failure to redeem tiUe or replace lost tiUe loan agreement 500.00 in accordance with sec. BA-124.16. Penalty for each Item of noncornplance. BA-124.17 Operating or advertising a tiUe loan business without a 1,000.00 current valid license. Penalty for each Item of noncompliance. SA-124.18 Failure to maintain liIld disclose records in accordance with 500.00 sec. 8A-124.18. Penalty for each item ofnoncomplicllce. http://livepublish.municode.com/4/lpext.dll/Infobase28/1/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 8 of32 SA-124.19 Violation of any provision of sec. SA-124.19. VIOlations. 500.00 Pen~ for each item of noncompliance. VIOlation of any other provision of Division 7. Pen~ for 500.00 each item of noncompliance. SA-147 Failure to display schedule of charges for check-cashing 200.00 seMces All violations of Chapter 8A, Article VII 500.00 8A-155 Making false charges for motor boat repairs or parts, 500.00 pl'OYiding misinformation, or fraudulenUy substituting parts SA-156 Failure to provide or improperly pl'OYiding written estimate 500.00 of motor boat repairs SA-157 Failure to notify customer of repair charges exceeding 500.00 written estimate 8A-158 Failure to property release repai'ed motor boat 500.00 8A-160 Failure to properly post required notice 200.00 SA-160.1 Failure to prepare or present proper invoice for motor boat 200.00 repair wm 8A-161.4 Failure to oblai1 registration 500.00 8A-161.5(e) Failure to notify of changes 200.00 8A-161.7(a) and (b) Failure to maintain records or pennit inspection; failure to 200.00 retain complaints; and failure to follow complant procedures SA-161.9 Unfair and deceptive practices 500.00 8A-161.10 VIOlation of Section SA-161.10 500.00 8A-161.11 VIOlation of Section SA-161.11 500.00 8A-161.13 VIOlation of assurance of compliance 500.00 SA-161.14 Failure to post notice to customers 200.00 SA-161.15 Failure to provide written anmysis 200.00 8A-161.24 Specialty and master mechanics required 500.00 8A-161.26 Certification required; contents of applicalion 500.00 SA-161.28 Mechanic apprentice pennit and paintlbody apprentice 500.00 permit required SA-161.31 Mechanic and technician C81tification required 500.00 8A-161.33 Failure to display certificates 200.00 8A-161.34 Failure to maintain items required for motor velicle body 500.00 repair facillties and motor vehicle paint facilities 8A-161.34.1 Failure to maintain items required for motor vehicle 500.00 mechanical repair facilllies SA-161.37 Failure to state registration number in advertisements 200.00 AI other Chapter SA, Article VIlA vioIdons 500.00 8A-171 , SA-224 Failure to obtain a Miani-Dade County occupational 100.00 license SA-175, SA-227 Failure to notify Tax Collector of takeover or purchase of 50.00 existing business AI other Chapter SA, ArIicIes IX arid X violations 100.00 8A-253(a) Failure to label or improperly labeling or advertising meat 200.00 forsaleatrelail 8A-253(b) Improper labeing of meats 200.00 SA-256 Use of false or misleading tenns for identifying meats 200.00 SA-258 Improper advertising when additional meat nll118 used 200.00 SA-259 Insufficient supply of advertised meats 500.00 8A-260 Failure to label or advertise, or impropecly labeling or 500.00 adveltlsing pnMousIy frozen meats 8A-262 Sale or offer for sale, seNe, expose for sale, or have in 500.00 possession with intent to seI meat, poulby, food or food product falsely represented to be Kosher, Kosher for Passover, or under Rabbinical Supervision SA-263 False representation as Kosher by failure to comply with 500.00 display and handing requirements http://livepublish.municode.com/4/lpext.dll/Infobase28/1 /34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 9of32 8A-264 Failure to comply with identification requirements 200.00 8A-265 Failure to comply with filing requirements 250.00 BA-268 Failure to comply with records requirements 500.00 BA-269 Failure to comply with inspection requirements 500.00 8A-272 Failure to provide copy of investigative consumer report 100.00 8A-273 Excessive charge for copy of investigative consumer report 100.00 BA-274.1 Failure to notify of deleted or disputed information on an 200.00 investigative consumer report BA-274.2 Failure to supervise inexperienced field representatives 200.00 8A-274.3(a) Failure to conduct background investigations 200.00 8A-274.3(b) Failure to conduct written examination of field 200.00 representatives BA-274.3(c) Failure to furnish identification card; failure to possess 100.00 same BA-274.3(d) Failure to notify of employment or tennination 200.00 8A-327(a) Engaging in the business of a mover without having first 2,500.00 obtained a regislration ceItificate 8A-327(c) Failure to notify of changes 500.00 BA-327(e) Failure to display regisb'ation certificates 200.00 BA-337 Failure to maintain records or permit inspection 1,000.00 8A-337(f) Failure to provide status or disposition of a complaint 200.00 All other Chapter BA ArtIcle XVI violations 500.00 BA-36O(a) Engaging in the business of a locksmith without having first 1,000.00 obtained a business regisb'ation BA-361 (f) Failure to notify of changes 200.00 8A-362(b) Failure to display registration cerlificate 200.00 8A-364(a) Engaging in locksmith work without first having obtained 1,000.00 locksmith cerlificalion 8A-366(c) Failure to display locksmith licenSe identification card 200.00 BA-368 Engaging in locksmith work without first having obtained a 200.00 locksmith apprentice permit 8A-369 Engaged in any other prohibited praclice 500.00 8A-369(g) Aiding or abetting unregistered business or unlicensed 1,000.00 locksmith All other Chapter BA ArtIcle XVII violations . 200.00 BA-382(a) Failure to register to conduct remetering activiIies 2,500.00 BA-384(a) Failure to maintain records lIld reports 500.00 8A-384(b) Failure to permit inspection of records and reports 500.00 8A-385(a)(3) Failure to provide accurate bilHng lIld/or appropriate biU 1,000.00 fonnat BA-385(a)(5) Failure to complete investigations of disputed bills within 250.00 thirty (30) days BA-386(a)(1) Failure to use the appropriate type submeter 2,500.00 8A-386(b)(1) Failure to provide proper submeter tests and inspections 2,500.00 8A-386(b)(2) Failure to test submeters upon Resident request and/or 500.00 failure to use the appropriate testing facility BA-386(b )(3) Failure to provide test results in a IimeIy manner 500.00 BA-386(b)(5) Failure to provide cerlificate of accuracy for the submeter 500.00 8A-386(c) Failure to use certified testing facilities lIld equipment 500.00 8M02 Price disaiminalion based on gender 500.00 All other Chapter BA, ArtIcle XVIII violations 500.00 BAA-3 Operating a cable system without a ~ani-Dade County 500.00 license BAA-12 Installng faciHties or providing services outside priority 500.00 service area 8M-14 Failure to obtain approval to transfer a license 500.00 http://livepublish.municode.com/4/lpext.dll/Infobase28/1/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 10 of32 SAA-21, 8AA-22 Failure to maillail insulalC8 500.00 SAA-23, SAA-24 Failure to maintain bond or letter of credit 500.00 SAA-27 Failure to comply with construction and limitations 500.00 8AA-31 Failure to submit consbuction plan 500.00 8AA-159(g) Failure to bury drop cable 100.00 SAA-160(c) Failure to propel1y identify vehicles and field personnel 100.00 SAA-160(d) Failure to maintain membership in Sunshine State One Call 100.00 8AA-39 Improper grounding 200.00 8AA-41 Failure to provide equipment for hearing impaired 50.00 8AA-42 Failure to provide standby power 100.00 SAA-45 Failure to provide AIB switch 50.00 SAA-47 Failure to provide emergency override facilities 500.00 8AA-48 Failure to setVice public building 100.00 8AA-5O(b), Failure to provide required educational and govemment 500.00 SAA-5O(c) access channels SAA-50(f) Failure to conbibute capital cosIs 500.00 SAA-52, Failure to comply with record and reporting requirernen1s 500.00 SAA-53, SAA-54 8AA-57 Failure to maintain consumer prolection provisions 500.00 8AA-58(c) Failure to extend service to development 500.00 SAA-101 Failure to obtain a Convnunications Services Provider 5,000.00 Registration SAA-152, 157, 159(a)-(f), 160, 161, 162(a), 163, 164 Failure to comply with construction and safety 500.00 requirements 8AA-124 Failure to maintain insurance 500.00 8AA-125 Failure to maintain faithful performance bond or letter of 500.00 credit All other Chapter 8AA, Article I violations 500.00 8C-3 Failure to illuminate parking lots, alleys and access thereto 500.00 8C-4 Failure to provide baniers for public swimming pools, spas 500.00 and hot tubs 10-2X Failure to provide joumeyman 500.00 10-3(a) No certificate of competency as a master, contractor, 500.00 subcontractor, or qualifying agent 10-3(a) No certificate of ClJI11l8Iency as a journeyman, 200.00 maintenance person, installer or other similar lradesman 10-4(a) Advertising as a contractor without certificate of 500.00 competency 10-4(b) Failure to propel1y identify bucks 100.00 10-4(c) Failure to include certificate of competency number in 100.00 advertisements 10-4.1 Publishing contractor advertisement without including 500.00 contractor certification number 10-6(E) Failure of qualifying agent to supervise, direct and control 500.00 work 10-13 Failure to maintain proof of continuous employment 200.00 10-13-1 Failure to maintain proof of continuing education 200.00 10-19 Failure to maintain requred insurance 200.00 10-22(a) Contracting for work outside the scope of the certificate of 500.00 competency 10-22(b) Abandonment of job 500.00 10-22(c) Diversion of funds or property 500.00 10-22(d) Departure from or disregard of plans or specilications 500.00 10-22(e) VIOlating laws pertaining to contractor's business 200.00 10-22(f) Misrepresenting a material fact in an application to obtain a 500.00 certificate http://livepublish.municode.coml4Ilpext.cUlIInfobase28/l/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 11 of32 10-22(g) FaIing to fulfiR contractual obligations 500.00 10-22(h)(1) Aiding and abelling a person not holding a certificate 500.00 10-22(h)(2) Allowing a certificate to be used by an unauthorized person 500.00 10-22(h)(3) Failure of pennit holder to supeIVise, direct and control a 500.00 job 10-22(h)(4) Subcontracting work to person not holding a certificate 500.00 10-220) Failure to supelVise, direct and control all work 500.00 10-22(k) Failure to maintain insurance or workers compensation 500.00 COII8rlIge 10-220) Failure to maintain business or financial records 500.00 10-22.1 (a) Working ou1side the scope of the certificate or acting as a 500.00 contractor 1 0-22.1 (b) Depar1ure from or disregard of plans or specifications 500.00 without consent of the qualifying agent 10-22.1(c) Misrepresenting a material fact in an application to obtain a 500.00 certificate 10-22.1 (d)(1) Aiding or abelling aIr'/ person not holding a certificate of 500.00 competency 10-22.1 (d)(2) Allowing a certificate to be used by an unauthorized person 500.00 1 0-22.1 (e) Conrnitting a fraudulent act 500.00 10-33 Failure to provide construction lien disclosure 500.00 All other Chapter 10 violations 200.00 13-18(~ Exceeding peak particle velocity by .05 inch per second for (first violation) single blasting event 500.00-1,000.00 (second violation) 3,000.00-10,000.00 14-1 Selling fire wiIhouI permit 200.00 14-4 Creating or maintaining fire hazard 200.00 14-10(4) Failure of fire aIann user to post on premises names of 250.00 individuals able to dHdlvate aIann 14-10(5) Third false fire alann in one (1) calendar year 500.00 14-10(5) Fourth and each additional false fire alann in one (1) 1000.00 calendar year 14-10(6) Failure to file certificate of inspection 250.00 14-4O(A) Sections 5.201 and 5.204 of South Florida Fire Prevention 500.00 Code inc:orporated by reference in Sec. 14-4O(A) 14-44 Violation of unifonn fire safety standards 200.00 14-53 Failure to obtain required permit or violation of condition of 200.00 pennit 14-56 Violation of South Florida FII'll Prevention Code 200.00 14-56 Violation of standards set forth in Section 14-58 200.00 14-62 Refusing to allow inspection 200.00 All other Chapter 14 violations 200.00 15-2 Utilzing the waste collection services of an unauthorized 600.00 waste collection agency by a convnerciaI establishment 15-2 Having waste container at curbside, right-of-way, or street 100.00 edge before or after specified hours of normal coIection day 15-2.1 Unauthorized removal of recyclable materials or recycling 250.00 containers with the use of a motorized vehicle 15-2.2 Unauthorized rernovaI of recyclable materials or recycling 50.00 containers without the use of a motorized vehicle 15-2.2 Failure by multifamily residential eslablislvnent having up 300.00 to 25 units to provide a recycling program in compliance with the requirements of Section 15-2.2 15-2.2 Failure by multifamily residential establishment having 650.00 between 26 units and 101 units to provide a recycling program in compliance with the requirements of Section 15-2.2 15-2.2 Failure by multifamily residential establshment having 101 950.00 http://1ivepublish.municode.coml4Ilpext.dllJInfobase28/1/34c6/352f?fu=document-frame.h... 8120/2002 NextPage LivePublish Page 12 of32 or more lIlits 10 provide a recycling prognll1 in complance with the requirements of Section 15-2.2 15-2.3 Failure by commercial establishment having up 10 and 300.00 including 3,000 square feet 10 provide a recycling program in compliance with the requirements of Section 15-2.3 15-2.3 FliIure by commercial establishment having more than 650.00 3,000 and less than 10,000 square feet 10 provide a recycling program in compliance with the requirements of Section 15-2.3 15-2.3 Failure by commercial establishment having more than 950.00 10,000 square feet 10 provide a recycling program in compliance with the requirements of Section 15-2.3 15-5 Unauthorized bulky or industrial waste on right-of-way 200.00 15-5 Uncontainerized refuse, rubbish, or sold waste 200.00 15-5.2 Failure, by any person utilizing a neighborhood trash and 50.00 recycling center, 10 place clean yard trash in areas designated for clean yard trash 15-6(b)(10) Delivery by a permitted landscaping business of any 200.00 materials other thlll clean yard trash at a neighborhood trash and recycIng center 15-6(b)(1), (3) General littering in III amount not exceeding 100 pounds in 250.00 weight or 50 cubic feet in volume 15-6(b)(1), (3) Illegal dumping in III amount not exceeding 100 pounds in 400.00 weight or 50 cubic feet in volume 15-6(b)(1), (3) Igegal dumping in an amount exceeding 500 pounds in 1,000.00 weight or 100 cubic feet in volume, or from a commercial vehicle, or for corrmen:iaI purposes 15-6(b)(2) Illegal dumping in any amount in any body of water 1,000.00 15-6(b)(4) AcculTIJlation of litter in 8Irf amount at a construction site 250.00 15-6(b)(5) Dumping a dead animal at any location noted in 15-6(b)(1), 250.00 (2), or (3) 15-6(b)(6) Delivery, by any person, of galtlage at a Neighborhood 250.00 Trash and RecycIng Center 15-6(b)(7) Unauthorized delivery of solid waste at any Neighborhood 500.00 Trash and Recycling Center 15-6(b)(8) Obstructing the use of Neighborhood Trash and Recycling 500.00 Center 15-6(b)(9) Vandalism at a Neighborhood Trash and Recycling Center 500.00 15-6(b)(10) Delivery by a permitted landscaping business of any 250.00 materials other thlll clean yard trash at a Neighborhood Trash and Recycling Center 15-17 Collecting or transporting waste for profit without permit 500.00 15-17(2) Engaging in waste lire lransporter without a permit 500.00 15-17(3) Engaging in the generation of waste tires without a permit 500.00 15-74.4 Failure 10 register vehicle 500.00 15-17.9 FliIure 10 provide informalion required by Section 15-17.9 500.00 15-17.18 Utilizing the waste lire coIleclion selVices of anyone not 250.00 holcling a valid waste lire transporter pennil 15-25.2 Solid waste coIIecIion, lransport. or delivery for disposal by 2,000.00 private haulers operating in unincorporated Marni-Dade County without payment of the Disposal Facility Fee All other Chapter 15 violations 100.00 17-15(d) Violation of lilY term or condition of a written consent 500.00 17-55(d) agreement 17-23(1) Kitchen sink, lavatory, tub or shower, or water closet 100.00 17-59(1) missing 17-23(1) Kitchen sink, 1avatOly, tub or shower not supplied with hot 100.00 17-59(1) or cold water 17-23(2) Lack of proper privacy-providing door 10 water closet and 25.00 17-59(2) Iavatoly basin 17-23(2) Lack of proper water closet and lavatoIy basin facilities 100.00 17-59(2) http://livepublish.municode.com/4/lpext.dll/Infobase28/1 /34c6/3 52f?fn=document-frame.h... 8/20/2002 NextPage LivePublish Page 13 of32 17-23(3) Lack of proper privacy to bathtub or shower 50.00 17-59(3) 17-23(3) Lack of proper bathtub or shower facilities 200.00 17-59(3) 17-23(4) Kitchen sink, lavatory basin, bathtub or shower not propeI1y 100.00 17-59(4) connected with both hot and cold water 17-23(4) Kitchen sink, lavatory basin. or bathtub or shower lacks 100.00 17-59(4) either hot or cold water 17-23(5) Lack of water heater 100.00 17-59(5) 17-23(5) Water heater not properly installed. maintained operating, 100.00 17-59(5) orcomeded 17-23(6) Lack of proper nonportable cooking facility 50.00 17-59(6) 17-23(6) Lack of utility connections for cooking facility 200.00 17-59(6) 17-23(1) Lack of adequate garbage disposal facilities or garbage 100.00 17-59(1) storage containers 17-23(8) Lack of required second means of egress 500.00 17-59(8) 17-23(9) Space heating facility defective or not properly installed or 50.00 17-29(14) maintained 17-59(9) 17-65(14) 17-23(9) Lack of permanent space heating equipment with adequate 200.00 17-23(14) BTU capacity 17-59(9) 17-65(14) 17-24(1) Lack of adequate windcM area in habitable room 50.00 17-60(1) 17-24(2) Lack of adequate ventilation in habitable room 50.00 17-60(2) 17-24(3) Lack of proper light or ventilation in bathroom, shower 50.00 17-60(3) room or water closet compartment 17-24(4) Lack of approved screening on door, window or other 50.00 17-60(4) openings used for ventlation 17-24(5) Lack of approved screening or latticework on opening 50.00 17-60(5) beneath a dwelHng 17-24(6) Lack of required elecbical convenience outlets and/or light 100.00 17-60(6) fixture in habitable room, bathroom. shower room, water closet compartment or laundry room 17-24(7) Lack of adequate righting in haU or stairway 50.00 17-60(1) 17-25(1) Foundation wall not structurally sound or in sound or in 500.00 17-28(1) state of good repair 17-61(1) 17-64(1) 17-25(2) Failure to keep dwelling or dwelHng unit rodenlproof 100.00 17-61(2) 17-25(2) Deteriorated lloor joist causing lloor to sag or noor lacks 200.00 17-61(2) proper supports 17-25(2) Portion of noor deteriorated 50.00 17-61(2) 17-25(2) Bathroom or kitchen floor not impervious to water 50.00 17-61(2) 17-25(2) Deteriorated or leaking ceiling 100.00 17-61(2) 17-25(2) Deteriorated main sill. column, or wood support beam 200.00 17-61(2) 17-64(1) 17-25(2) Leaking or deteriorated roof 500.00 17-61(2) 17-64(1) 17-25(2) Roof ovelhang, roof ovelhll19 vent screen or fascia board 50.00 17-61(2) deteriorated http://livepublish.municode.com/4/lpext.d1l/Infobase28/1/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 14 of32 17-25(2) Kitchen sink drainboanl or cabinet deteriorated or 50.00 17-61(2) dlmaged 17-25(2) Interior door, door jamb, door casing or door stops 25.00 17-61(2) deteriorated, damaged or missing 17-25(2) Interior door hardware missing or broken 25.00 17-61(2) 17-25(2) Interior door not operable 25.00 17-61(2) 17-25(2) Windows nol operable or weathertight 50.00 17-61(2) 17-25(2) Portion of window components deteriorated or support 25.00 17-61(2) mechanism defective 17-25(2) Window glass missing or broken 50.00 17-61(2) 17-25(2) Jalousie window glass clips broken or missing 25.00 17-61(2) 17-25(2) Window screen frame or trim deteriorated or does nol fit 25.00 17-61(2) window opening 17-25(2) Exterior door nol weathertight or operating proper1y 25.00 17-61(2) 17-25(2) Exterior door threshold or trim missing or deteriorated 25.00 17-61(2) 17-25(2) Exterior door deteriorated, damaged or missilg 100.00 17-61(2) 17-25(2) Exterior door hardware broken or missing 25.00 17-61(2) 17-25(2) Exterior door glass broken or missing 50.00 17-61(2) 17-25(2) Exterior jalousie door glass dips or operator defecllve or 25.00 17-61(2) ITissing 17-25(2) Exterior screen door deteriorated or missing 50.00 17-27(8) 17-61(2) 17-63(8) 17-25(2) Exterior door screen wire deteriorated or damaged 25.00 17-27(8) 17-61(2) 17-63(8) 17-25(2) Interior wall or base board deteriorated or damaged 25.00 17-61(2) 17-25(2) Deteriorated wall studs, siding or corner trim 25.00 17-61(2) 17-25(2) Deteriorated or missing wall stucco 25.00 17-61 (2) 17-25(2) Deteriorated or improperly secured awning or shutter 25.00 17-61(2) 17-25(3) Deteriorated entrance steps or entrance platform 200.00 17-61(3) 17-25(3) Deteriorated guard rails or hand rails 100.00 17-61(3) 17-25(3) Deteriorated stair stringers, support columns or stair 200.00 17-61(3) landing 17-25(3) Deteriorated stair treads or risers 200.00 17-61(3) 17-25(4) Failure to maintain chimney or smoke pipe or 1Iue lI1d vent 200.00 17-61(4) attachments thereto 17-25(5) Failure to maintain and protect exterior surfaces 100.00 17-61(5) 17-25(6) Failure to keep plumbing fixtures, water pipes, waste pipes, 50.00 17-61(6) drains, and waste lines in good sanitlry WOIkIng condition, free from defects. leaks, or obstrudIons 17-25(6) Loose or defective sewer waste vent stack 50.00 17-61(6) 17-25(6) Mssing waste line cleanout plug 50.00 http://livepublish.municode.coml4I1pext.dlllInfobase28/1/34c6/352f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 15 of32 17-61(6) 17-25(6) DefecIive sewer waste line 100.00 17-61(6) 17-25(6) Kitchen sink hot or cold water supply line defective 25.00 17-61(6) 17-25(6) Kitchen sink waste line improper, missing, clogged or 25.00 17-61(6) leaking 17-25(6) Kitchen sink faucet leaking or handles broken or missing 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) Kitchen sink not properly secured 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) Lavatory basin hot or cold water supply line defective 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) Lavatory basin waste line improper, missing, dogged or 25.00 17-61(6) leaking 17-25(6) Lavatory basin faucet leaking or hlrldles broken or missing 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) Lavatory basin not properly secured 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) Tub or shower or cold water supply line defective 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) Tub or shower waste line improper, missing, clogged or 25.00 17-61(6) leaking 17-25(6) Tub or shower faucet leaking or handles broken or missing 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) Lacks shower head overflow cover or escutcheon 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) w_ cIosel water supply Dne, flush ell, or flush 25.00 17-25(8) mechanism defective 17-61(6) 17-61(8) 17-25(6) W_ cIosel waste tine improper, missing, clogged or 25.00 17-25(8) leaking 17-61(6) 17-61(8) 17-25(6) W_ cIosel not properly seaed or secured 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) W_ closet seal or tank lid defective, broken or missing 25.00 17-25(8) 17-61(6) 17-61(8) 17-25(6) Septic tank not properly sealed 500.00 17-61(6) 17-25(7) Failure to maintain water impervious floor in water closet 50.00 17-61(7) compartment, bathroom, or shower room 17-25(8) Elecbicallight fixture defective, improperly instaHed or 50.00 17-61(8) missing 17-25(8) Elecbicallight switch defective, improperly installed or 50.00 17-61(8) missing http://1ivepublish.municode.coml4Ilpext.dlllInfobase2811 /34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 16 of32 17-25(8) Electrical wall outlet defective, impropelly installed or 50.00 17-61(8) missing 17-25(8) 8ectrica1 switch or wall ouUet cover plate broken or 50.00 17-61(8) missing 17-25(8) Non-confonning eleclrical wiring used to extend pennanent 200.00 17-61(8) wiring 17-25(8) Electrical panel box cover missing 25.00 17-61(8) 17-25(8) Water heater eledrical wiring improper 200.00 17-61(8) 17-25(8) WiI.er pump eledrical wiring improper 200.00 17-61(8) 17-25(8) Water pump defective 200.00 17-61(8) 17-25(8) Cooking facility defective 50.00 17-61(8) 17-25(9) Failure to provide continuing services to assure minimum 100.00 17-27(11) requirements of maintenance and sanitation 17-61(9) 17-25(9) Failure to provide tenant with name, address and phone 25.00 17-27(11) number of person(s) providing continuing services 17-61(9) 17-26(1) Undersized area being used as dwelling or dweIIng unit 500.00 17-62(1) 17-26(1) Overcrowded dweUing or dwelling unit 100.00 17-62(1) 17-26(2) Using room of less than eighty (80) square feet for sleeping 200.00 17-62(2) purposes in a dweling or dwelling unit 17-26(2) Using room of less thlll eight (8) feet in width for sleeping 200.00 17-62(2) purposes in a dweI1ing unit 17-26(2) Overcrowded sleeping or dormitory room 200.00 17-62(2) 17-26(3) Using room with ceifing height of less thlll seven (7) feet 200.00 17-62(3) for living, sleeping, cooking or eatilg purposes or as a bathroom 17-26(4) Improper access to bathroom, shower room, water closet 200.00 17-62(4) compartment or sleeping room 17-26(4) Improper access to bathroom, shower room, water closet 50.00 17-62(4) compartment, or sleeping room. Bathroom. shower room or water closet compartment accessible without going outside ofbullding or through anoIhersleeping room 17-26(4) Sleeping room not accessible without going through 50.00 17-62(4) another sleeping room, bathroom, shower room or water closet COl'f'4llIIlment 17-26(5) Using a ceIar or basement space as a habitable room or 200.00 17-62(5) dwelling unit 17-27(1) Failure to keep dwelling unit or portion thereof clean and 100.00 17-27(2) SlIlitary 17-27(3) 17-63(1)(2)(3) 17-27(2) Trash, debris, refuse. or garbage on premises 100.00 17-27(3) 17-27(6) 17-63(2)(3)(6) 17-27(4) Excessive growth of weeds, grass, or other ftora 100.00 17-63(4) 17-27(5) Failure to keep plumbing fixlures, sanil1ly facilty, or 100.00 17-63(5) appliances and equipment therein sanitary lIld clean 17-27(7) FaRure to exterminate insects, rodents, termites. vermin. or 100.00 17-29(12) other pests 17-63(7) 17-65(12) 17-27(8) Failure to provide required window screens 50.00 17-63(8) 17-27(9) Failure to grade or maintain exterior premises to prevent 50.00 http://1ivepublish.municode.coml4Ilpext.dllJInfobase28/1/34c6/3 52f?fu=document- frame.h... 8/20/2002 NextPage LivePublish Page 17 of32 17-63(9) accumulation of stagnant water 17-27(11) Failure to provide continuing maintenance and sanitalion 200.00 17-63(11) services 17-27(11) Failure to provide tenant with name, address, and 25.00 17-63(11) telephone number of maintenance and sanitation service providers 17-28(1) Failure to keep accessory structure structurally sound or 50.00 17-64(1) maintained in good repair 17-28(2) Failure to exterminate rodents, insects and vermin in 50.00 17-64(2) accessory structure 17-28(3) Alowing water to accumulate on roof of accessory 50.00 17-64(3) structure 17-28(4) Failure to maintain and protect exterior SUlface of 100.00 17-64(4) accessory structure or fence 17-28(5) F 811ure to maintain plumbing fixture, water pipe, waste pipe 100.00 17-64(5) or drain in good sanitary working condition 17-29(1) Operating hotel or rooming house without required lcense 500.00 17-65(1) or pennit 17-29(2) Using or IetIing hotel or rooming house room of less than 200.00 17-65(2) prescribed square footage, minimum width, or average ceiling height for sleeping purposes 17-29(2) Overcrowded hotel or rooming house unit 200.00 17-65(2) 17-29(3) Lack of required number of flush water cIosels, lavatory 500.00 17-65(3) basins, or bathtubs or showers in hotel or rooming house 17-29(3) F8Ilure to locate water closet, urinal. bathtub or shower in 50.00 17-65(3) room affording privacy to user or less than one (1) story removed from the hotel or rooming unit of an intended user 17-29(3) Water closet, urinal, bathtub or shower not accessible 50.00 17-65(3) without going outside of building or without going through a dwelHng, hotel or rooming unit of another occupant 17-29(3) Failure to supply hot or cold water to lavatory basin, 100.00 17-65(3) bathtub or shower in hotel or rooming unit 17-29(4) Using a cellar or basement space as a habitable room or 200.00 17-65(4) as a hotel or rooming unit 17-29(6) Failure to keep walls, floors, ceilings, other parts of the 100.00 17-65(6) rooming or hotel unit and premises in a sanitary condition 17-29(7) Alowing cooking in hotel or rooming unit sleeping rooms 50.00 17-65(7) 17-29(8) Failure to provide approved means of egress in hotel, 500.00 17-65(8) rooming house, hotel unit or rooming unit 17-29(9) Maintaining rubbish on hotel or rooming house premises 100.00 17-65(9) 17-29(10) Failure to promptly dispose of garbage through use of 100.00 17-65(10) approved mechanical equipment or placement in required COI'Ilainer in a sanitary manner 17-29(12) Failure to exterminate insects, rodents, vermin, tennites or 500.00 17-65(12) other pests in hotel or rooming house 17-29(14) Letting for occupancy of a rooming or hotel unit without 200.00 17-65(14) adequate healing facilities of an approved type properly installed and in safe and good working com.1ion 17-29(14) Using an unapproved accessory heating unit 200.00 17-65(14) 17-29(14) Using an unsafe heater, cooking stove or oven for heating 200.00 17-65(14) purposes 17-29(14) Failing to provide a gas pipe ouUet or an electrical ouUet 500.00 17-65(14) and circuit for the user of gas space heaters or portable electrical heaters 17-30 Failing to vacate a dweling, dweling unit, hotel, hotel unit, 500.00 17-66 rooming house or rooming unit placarded as unfit for human habitation 17-30 Defacing or removing placard 100.00 17-66 17-59(5) Solar water heater lacks \hemlOSIaIic controlled booster 50.00 http://livepublish.municode.coml4Ilpext.dlllInfobase28/1/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 18 of32 17-59(5) I Solar water heater booster not operalilg property 50.00 AI other Chapter 17 Yiolalions 200.00 17A-16(1) Structure or premises infested with mice, rats, roaches, 50.00 17A-16(3) fteas, or other vermin or pests 17A-16(11) 17A-16(1) Foundation wall deteriorated 500.00 17A-16(4) 17A-16(2) Exterior wall deteriorated 50.00 17A-16(4) 17A-16(2) Roof deteriorated or leaking 50.00 17A-16(4) 17A-16(2) Roof ovelhang deteriorated 25.00 17A-16(4) 17A-16(3) Failure to maintain windows or dOOlS in good condition 25.00 17A-16(4) Failure to repair or replace rotted or deteriorated exterior 25.00 areas 17 A-16(4) Main sill or column deteriorated 25.00 17A-16(5) 17A-16(4) Wood support beam deteriorated 25.00 17A-16(5) 17A-16(4) Guard rail deteriorated 25.00 17A-16(5) 17A-16(4) Entrance step or platform deteriorated 25.00 17A-16(5) 17A-16(4) Awning or shutter deteriorated 25.00 17A-16(5) 17A-16(4) Stair treads. risers or landing deteriorated 25.00 17A-16(5) 17A-16(4) Stair handrails deteriorated 25.00 17A-16(5) 17A-16(4) Stair support column deteriorated 25.00 17A-16(5) 17A-16(5) Stair stringers deteriorated 25.00 17A-16(6) 17A-16(6) Exposed wood or metal SUIface lacks pailt or other 25.00 approved coaling 17A-16(7) Failure to maintain, disconnect or remove ublity connection 200.00 17A-16(8) Failure to provide nonportable cooking facility 25.00 17A-16(9) Sewer waste vent stack loose or defective 25.00 17A-16(9) Waste me cIearKItrt plug missing 50.00 17A-16(9) Sewer waste line defective 25.00 17A-16(9) Septic tank not property sealed 500.00 17A-16(10) Excessive growth of weeds, grass or other flora 100.00 17A-16(11) Failure to extenninate rodents, roaches. fteas, vermin or 50.00 other pests 17A-16(11) Maintaining rubbish or garbage 100.00 17A-16(12) Crawl space openings lack saeens 25.00 17A-16(12) Window, door or other exterior opening not properly 500.00 secured to prevent human enlIy All other Chapter 17 A violations 200.00 Ch. 18A All Chapter 18A VIOlations 500.00 19-3 Allowing public nuisance to exist 100.00 19-4(C) Illegal disposal of cuttings, solid waste or junk 500.00 19-5 Failure to comply with schedule 250.00 19-6 Allowing a violative condition to exist 250.00 21-20.18 Failure to perform criminal histoly records check in 500.00 connection with sale of fireann Failure to wait five days in comection with the sale of 500.00 lirearm http://1ivepublish.municode.coml4I1pext.dlllInfobase28/1/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 19 of32 21-28 Excessive noise YioIaIions 100.00 21-30(2) Destroying, damaging or vandalizing public property, 500.00 including public right-of-way 21-3O.01(d) Failure to remove graffiti from non-commercial property 50.00 Failure to remove graffiti from commercial property 250.00 21-30.01 (d)(1) CreatiIg graffiti 250.00 2nd Offense 500.00 Subsequent Offenses 1,000.00 21-30.01 (1) Failure to remove graffiti from non-commercial property 50.00 21-30.01(1) Failure to remove graffiti from commercial property 250.00 21-30.01(g)(1) Possession of spray paint or marlier to make graffiti 250.00 2nd Offense 500.00 Subsequent Offenses 1,000.00 21-30.01 (g)(2) Possession of spray paint or maI1<ers by minors on public 250.00 prqlerty 2nd Offense 500.00 Subsequent Offenses 1,000.00 21-30.01(g)(3) Possession of spray paint or marllers on private property 250.00 without consent of owner 2nd Offense 500.00 Subsequent Offenses 1,000.00 21-30.01 (h)(1) Sale of spray paint or markers to persons under eighteen 100.00 (18) years of age Subsequent Offenses 200.00 21-30.01 (h)(2) FaRure to display grallitl warning signs or improper storage 100.00 of spray paint or marllers 21-30.01 (h)(3) VIOlation of spray paint or marker sale injunction 100.00 21-34(a) Obstructing, damaging, destroying, or interfering with 100.00 ClllaI, drain, ditch, watercourse, etc. 21-47(3)(a) Person engaging in high risk sexual activity at bathhouse 100.00 and health club 21-47(3)(b) Allowing high risk sexual activity at bathhouse and health 500.00 club 21-47(3)(d) Occupying or alowing two (2) or more persons to occupy 500.00 stall at bathhouse and heaIIh club 21-47(4)(a) Private rooms at bathhouse and health club 500.00 21-47(4)(c) Lighting at bathhouse and health club 250.00 21-47(5) Posting name and address of owner and operator of 500.00 bathhouse and health club 21-47.1 (3)(a) Person engaging in sexual activity at adult bookstore or 100.00 adult video store 21-47.1(3}(b} Allowing sexual activity at adult bookstore or adult video 1,000.00 store 21-47.1(4)(a} Failure to provide only single-seat chails in viewing rooms 500.00 21-47.1 (4)(c) Failure to provide minimum lighting at adult bookstore or 500.00 aduIl video store 21-47.1 (4)(d) Failure to provide permanenUy open entranceway to 500.00 viewing rooms 21-47.1(5) Failllll to post nan18 and address of owner and operator of 500.00 adult bookstore or adult video store 21-48 Sale and instanation of satellite dish antennas to residential 500.00 customers 21-112 Failure to property fiU abandoned well 100.00 21-113 Failure to ctNfII a well 500.00 http://livepublish.municode.coml4Ilpext.dlllInfobase28/1/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 20 of 32 21-113 Failure to mark a well with proper lIag 100.00 21-114 Failure to obtain a self-harvest agricultural field permit 500.00 21-115 Allowing child under ten (10) years old onto self-harvest 300.00 agricultural field 21-116 Failure to post required four (4) warning signs in a self- 500.00 harvest field open to the public 21-116 Failure to post four (4) signs in areas of self-harvest field 500.00 closed to the public 21-222(a) Application few pemit to install an underground facility with 500.00 a total length of 1,000 lineal feel or more without first requesting as-buills from owners of existing facilities or submitting design tickets to Sunshine Slate One-Call of Florida 21-222(b) Failure by excavator to rnar1Ithe path of proposed 500.00 excavation consistent with the standards of the American Public Works Association when required 21-222 Failure to notify State one-caIl system prior to excavation 500.00 21-222 Excavation without clearance from owners of underground 500.00 facilities 21-222(d) Failure by an excavator to engage in exploratoly digging 500.00 when required 21-222(e) Failure to use water based paint to mar1t locations 500.00 21-225 Excavation when utility markings are not visible 500.00 21-225 Willful removal of mar1tings of underground facilities: 500.00 21-225(b) Failure to cease excavation after damaging an 500.00 underground facility 21-225(b) Failure by excavator causing damage to an underground 500.00 facility to notify the owner of that facility 21-225(c) Failure to disclose known conflicts on permit drawings 500.00 21-225(c) Installation of new underground facllties which create a 500.00 conllict with existing underground facilities without approval by permitting agency or the taking of measures to protect the maintenance, or operation of the existing facility as may be required 21-225(11) Engaging in directional boring wilhoulthe ability to monitor 500.00 the location of the bore head or equivalent equipment 21-226 Failure to cease excavation upon contact with underground 250.00 facility 21-227 Excavation after order to stop 500.00 21-253 Failure of adult group home to provide a suitable form of 200.00 identification to incapacitated residents 21-253 Failure of adult home to promptly replace lost or worn form 200.00 of identification 21-254 Failure of adlJt group home to have a sign with the tenn 100.00 'Adult Congregate Living Facility' or 'ACLF'; 'Adult Family Care Home' or 'AFC Home'; or 'Nursing Home,' as applcable 21-276(4) Failure of user to file alann regislration or pay registration 50.00 fee 21-276(4) Second and subsequent violation by the alarm user 100.00 21-276(5) Use of burglar alarm without required equipment 50.00 21-276(6) Failure to provide required forms and registration and/or 100.00 failure to COII'4IIy with COII'4Iany requirements 21-276(7) Failure to verify alann signal prior to contacting MDPD 100.00 personnel 21-276(8) Failure of an alarm monitoring company to notify the 100.00 t.tami-Dade Police DepartmenI within ten minutes of notice that an alarm was false 21-276(9) Fourth false burglar a1ann during registration period 50.00 21-276(9) Filth fa\se burglar a1ann during registration period 100.00 21-276(9) Sixth and each additional fa\se burglar alann dlJ'ing 200.00 registration period http://livepublish.municode.coml4Ilpext.dll1Infobase28/1/34c6/3 52f?fn=document-frame.h... 8/20/2002 NextPage LivePublish Page 21 of32 24-11(1) Discharge of prohibited substanCes into County waters 200.00 24-11(2) Exceeding efftuent standards for discharges 200.00 24-11(3) Unlawful discharge affecting water quality 200.00 24-11(7) Breach of efftuent standards by new sewage treatment 100.00 plants and indusbial waste treatment facilities 24-11(8) Bypassing a waste treatment facility 200.00 24-11(9) Discharging prohibited wastes or substances into sewet'S 300.00 24-12(1) Allowing potable water supply to breach referenced 200.00 standards 24-12.1 Noncomplance with provisions and standlllls protecting 300.00 pooRe potable water supply wells 24-12.2 Noncompliance with provisions regulating underground 250.00 storage facilities 24-12.3 Noncompliance with provisions regulating liquid waste 250.00 transporters 24-12.4 Noncompliance with provisions regulating metal recycling 300.00 facilities 24-13 Noncompliance with provisions regulating waste water 200.00 disposal and treatment methods oIher thlll sanitaJy sewers 24-13.1 Non-compliance with provisions regulating sanitary sewer 250.00 collection and transnlssion systems 24-14 Causing a sanitaJy nuisance 500.00 24-15(a) Discharging air contaminants above prescribed level 100.00 24-15(b) Discharging air contaminants to a degree greater than 100.00 specified 24-15.1 Noncompliance with provisions regulating motor vehicle 50.00 enissions and emission control devices 24-17 Noncompliance with standards regulating sulfur dioxide 100.00 enission 24-18 Open burning 250.00 24-20 VIOlation of requirements for storage and hllldUng of 250.00 petroIeIIn products 24-22 Operation of oil-eflluent separator without required vapor 250.00 control devices 24-25 VIOlation of ozone-depleling compound regulations 500.00 24-25.1 VIOlation of ozone-depleting compotIld regulations 500.00 24-25.2 Violation of ozone-depleting compound regulations 500.00 24-25.3 VIOlation of ozone-depleting compound regulations 500.00 24-26 Maintaining a sanilaly nuisance 500.00 24-27 Spraying substances containing asbestos 500.00 24-27.1 (A) Improper sale, transport, or planting of prohibited plant 100.00 species 24-30 FliIure to have plans approved 200.00 24-31 Non-compliance with procedures for approval of plans 200.00 24-33 Non-cornpRance with the standlllls for preparation of plans 200.00 24-34(2) Deviations from conditions of approval 250.00 24-35.1 Failure to properly secure required operating permit or 250.00 comply with the conditions of III operating permit 24-36 Failure to propelIy provide competent supervision 200.00 24-37 FliIure to report breakdown or lack of proper functioning 100.00 24-38 Failure to maintain and keep operating records 200.00 24-39 Unlawfully circumventing Code requirements 200.00 24-45 Noncompliance with provisions regulating weIs 100.00 24-54 Violation of referenced rules and regulalions 250.00 24-55 VIOlations of Chapter 24 or of orders of Director of 100.00 Department of Environmental RllSOlI"ces or of conditions of an operating pemIt 24-58 Failure by contractor to properly secure permit for specified 500.00 http://livepublish.municode.coml4Ilpext.dlllInfobase28/l/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 22 of 32 typesofWOlk 24-58 Failure by property owner or lessee to properly secure 100.00 permit for specified types of work 24-59 Prohibited floating structures 200.00 24-59.1 Prohibited non-water dependent fixed structures 200.00 24-60 Failure to properly secure permit for tree removal work, or 500.00 to effecliveIy destroy any tree or understory in a natural forest community, or noncompliance with tree removal permit conditions 25-1 0,21 (c) Unauthorized ai'craft engine rulHlp 500.00 26-1 Rule 3(a), Driving on other than approved park roadways 100.00 26-1 Rule 3(b), Stopping on, or obstructing park roadways 100.00 26-1 Rule 4, Truck or commercial vehicle on restricted roadway 100.00 w/out authorization 26-1 Rule 5, Other types of vehicles on any but vehicular roads 100.00 Subsequent offenses 200.00 26-1 Rule 6(a), Parking in undesignated space or location 100.00 26-1 Rule 6(b), VIOlation of overnight parking restriction 100.00 26-1 Rule 7(a), Towing of vehicles on park managed beaches 100.00 26-1 Rule 7(b), Providing taxi service w/out authorization 100.00 26-1 Rule 7(c), Vehicle repair or deaning on park property 100.00 26-1 Rule 8(b), Defacement or destruction of park property 100.00 26-1 Rule 8(c), Removal of plants or plant material 100.00 26-1 Rule 8(d), Excavation in archeological sensitive areas of 100.00 parks 26-1 Rule 8(e), Construction or encroachment w/out 100.00 authorization 26-1 Rule 8(f), Lighting a fire or dumping in other than 100.00 designated areas 26-1 Rule 8(g), Leaving a park w/out extingishing a fire 100.00 26-1 Rule 8(h), Burning or defacing park equipment 100.00 26-1 Rule 9(a), Molesting, harming or removal of wild animals 100.00 from pm property w/out authorization 26-1 Rule 9(b), Feeding of any zoo animals 100.00 26-1 Rule 9(c), Dumping or leaving wild or domestic animals in 100.00 parks 26-1 Rule lo(b),lntroduclion of exotic animal or leaving any 100.00 animal in a park 26-1 Rule 10(c), Feeding of animals in or adjacent to a park 100.00 Subsequent offenses 200.00 26-1 Rule 11, Entering a pm with a domesticated animal, in 100.00 other than designated area 26-1 Rule 12(a), Operating an aerial appll"atus on park property 100.00 w/out authorization 26-1 Rule 12(b), Flying lower than 1000 feel above populated 100.00 park 26-1 Rule 13(a), Trespassing on park property after operating 100.00 hllUlS 26-1 Rule 13(b), Unauthorized entry onto a park that is in an 100.00 unfinished state or under construction 26-1 Rule 16(a), Swimning in other than designated park area 100.00 26-1 Rule 16(b), Swimming with a floatation dlMce in parks 100.00 26-1 Rule 16(c), Erecting of structures on or in beach areas 100.00 26-1 Rule 17, Fishing in a park in other than designated areas 100.00 26-1 Rule 18(a), Entering a park with a weapon other than 100.00 designated facities 26-1 Rule 19(a), Possession or use of explosives or other 100.00 http://1ivepublish.municode.coml4I1pext.dlllInfobase28/1/34c6/352flfn=document- frame.h... 8/20/2002 NextPage LivePublish Page 23 of 32 incendiary devises on par1t property 26-1 Rule 20(a), Picnicking or cooking in a parll in other than 100.00 designated areas 26-1 Rule 21, HoIseback riding in a parll in other than 100.00 designated nas 26-1 Rule 22(a), Bringing a watercraft in a park in other than 100.00 designated areas 26-1 Rule 22(b), Unauthotized mooring within 200 ft of pllk or 100.00 marina 26-1 Rule 22(c), Docking or boating in pllk water other than 100.00 under pemit 26-1 Rule 22(d). Creation of excessive noise by boats in parll 100.00 waters 26-1 Rule 23, Commercial marina activity within parll waters 100.00 w/out permit 26-1 Rule 24(a), FaikJre to follow Pialic Shelter Pennit 100.00 restrictions 26-1 Rule 24(b). Solicitation, collection of funds, ticket sales 100.00 within a park 26-1 Rule 25, Camping w/out permit or in other than designated 100.00 area 26-1 Rule 26, Pollution of parll waters 100.00 26-1 Rule 27(a), Depositing of trash or garbage on park grounds 100.00 26-1 Rule 27(b), Possession of glass containers on parll 100.00 beaches 26-1 Rule 27(c), Use of recyde bin for other than intended 100.00 purpose on par1t property 26-1 Rule 29, Illegal merchandising, vending, or peddling 100.00 26-1 Rule 30, Advertising on pllk property w/out authorization 100.00 26-1 Rule 31, Public demonstration, gatherings and 100.00 performances without specific authorization 26-1 Rule 33(d). Consumption of alcohol at youth athletic events 100.00 26-1 Rule 34(a), Entering facilities designated for opposite sex 100.00 (child exdusion) 26-1 Rule 34(b). Loitering in or about park restrooms, dressing 100.00 room, bath house or nature area 26-1 Rule 35, Gambling on park properly 100.00 26A-2.1(b) Allowing, a-eating, keeping or maintaining any artificially 200.00 induced mosquito breeding area 26A-2.1(c)(3) Obstructing or resisting an Enforcement Officer in the 200.00 enforcement of this section 26A-2.1(e) Failure to store tires properly in compliance with Section 100.00 26A-2.1(e) 30-263.11 (b) Failure to follow posted regulatory sign 50.00 3G-462 Towing without a license 500.00 ~ Failure to obtain or maintain insurance coverage or to 500.00 include provision on changes 3G-467 Failure to display decal 500.00 30-468 Failure to maintain trip records 200.00 ~ Failure to comply with towing safety standards or to 500.00 remove notice from windshield 30-470 Failure to maintain linancial records 200.00 30-470.1 Advertising tow seMces without including Ucense m,"ber 500.00 in such advertisement 30-471 Discrimination in rendering service 200.00 30-472 Bidding without a towing license 100.00 30-473 Towing without proper prior consent 500.00 3O-473(d) Rebating money to obtain towing privileges 500.00 3O-473(e) Providing towing selVices to a vehicle OCQJpied by a 500.00 http://livepublish.municode.coml4I1pext.dll1Infobase2811 /34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 24 of32 person 3O-473{f) Failure to transport vehicle directly to storage s~eIkeeping 500.00 vehicle in temporary holding area 30-473{h) Failure to maintain a place of business, file rateslfailure to 200.00 display charges and rates 30-47300 Failure to telephonically inform vehicle owner of document 200.00 requirements; charges; method of payment or business hours 30-4730) Failure to penn~ inspection of or removal of personal 500.00 possessions from towed vehicle 3O-473{k) Failure to accept altemate forms of payment 500.00 30-473{~ Failure to display bonding procedure sign 200.00 30-473{m) Using profane language 200.00 30-473{n) Using physical force or violence 500.00 3O-474{a) Failure to prominently post notice staling tow-away warning 500.00 in presaibed language 30-474{b) Failure to obtain express written instruction to recover, tow 500.00 or remove vehicle 3O-474{c) Failure to report within thirty minutes 200.00 3O-474{d) Recovering, towing or removing a vehicle when authorized 500.00 person arrives prior to said service 30-474(e) Storing or impounding a towed vehicle more than live (5) 200.00 miles from recovery 3O-474{f) FlIlure to release vehicle and pennit retrieval of vehicle 500.00 during presailed hourslfailure to post rebievaI information 30-475{a) Failure to enter into contract with property owner 200.00 30-475(b) Failure of property owner to inform vehicle owner of name 500.00 and address of towing COfI'1llIl'1Y 3O-475{c) Failure of property owner to ascertain license number of 100.00 tower 30-475{d) Unlawfully lowing en emergency vehicle 500.00 3O-476{b) Charging in excess of maxiroom allowable rates 500.00 30-476.1 (a) Failure to file rates on roadside solicitation 200.00 30-476.1 (b) Failure to disclose rates on roadside solicitation to vehicle 500.00 owner 30-476.1 (c) Charging more than rates disclosed on roadside solicitation 500.00 30-476.1 (e){1) Towing distressed vehicle without having been summoned 500.00 to accident scene by owner or law enforcement officer 30-476.1 (e)(2) Stopping or driving by scene of accident to solicit or offer 500.00 tow setvices 30-476.1 (e){3) Soliciting tow business as a result of information received 500.00 over police radio 30-476.1 (e)(4) Diverting patrons of another at scene of vehicle accident or 500.00 distressed vehicle 30-476.1 (e){5) SoIciling or engaging in tow business with false 500.00 information 30-476.1 (e){6) Falsely identifying oneself as a contract wrecker 500.00 30-479 Failure to satisfy immobilization requirements 500.00 All other Chapter 30, Article III, violations 200.00 AI other Chapter 30, Non-Article III, vioIaIions 50.00 31-68 soIcitalion of passenger patronage on behalf of business 500.00 establshment 31-69 diverting a prospective patron of a business establishment 500.00 31-70 paying for palronage 500.00 31-71 accepting pay for patronage 500.00 31-72 failure to post notice 200.00 31-73 providing or accepting compensation to divert passengers 500.00 from designated businesses 31-76{a) proIIiding compensaIion for the right to pick up passengers 500.00 http://1ivepublish.municode.coml4I1pext.dlllInfobase28/1/34c6/352f?fn=document-frame.h... 8/20/2002 NextPage LivePublish Page 25 of32 from or provide for-hire service to any business estabIshment or pubic facIily 31-76(b) prohibition against accepting compensation for right to pick 500.00 up passengers 31-82(a) Advertising or pennitting operations without a valid, current 1,000.00 for-hire license 31-820)(2) Failure to report change of address 100.00 31-68 solicitation of passenger patronage on behalf of business 500.00 estabUshment 31-69 diverting a prospective patron of a business establishment 500.00 31-70 paying for patronage 500.00 31-71 accepting pay for patronage 500.00 31-72 failure to post notice 200.00 31-73 providing or accepting ~sation to divert passengers 500.00 from designated businesses 31-76(a) providing compensation for the right to pick up passengers 500.00 from or provide for-hire service to any business establishment or public facility 31-76(b) prohibition against accepting compensation for right to pick 500.00 up passengers 31-820)(3) Failure to maintain records at principal place of business of 100.00 entity responsible for passenger services 31-820)(4) Failure to enter into passenger service agreement or 500.00 comply with 31-100(k) 31-820)(6) Pennitting or authorizing any chauffeur or other person to 500.00 operate any for-hire vehicle without that vehicle's current vaid operating permit lflSplayed 31-820)(7) Allowing person to operate without a chauffeur registration 500.00 and wilhout a chauffeur's agreement 31-820)(8) Allowing or permitting any person to operate a for-hire 500.00 vehicle without current vald and sufficient insurance coverage 31-820)(9) Failure to register and inspect an vehicles placed and taken 200.00 out of service 31-820)(10) Pennitting or authorizing operation of a vehicle which does 100.00 not meet applicable vehicle standards 31-820)(11) Allowing any person to operate a for-hire vehicle whose 250.00 alertness is impaired 31-820)(12) Refusal or neglect to transport 100.00 31-820)(13) Failure to enter into chauffeur agreement 100.00 31-85(b) Failure to comply with requirements for designated public 100.00 stands 31-850)(1) Providing compensation for the right to pick up passengers 500.00 from or provide for-hire service to any business estabHshment or public facility 31-850)(2) Prohibition against accepting compensation for right to pick 500.00 up passengers 31-86(a) Falure to operate with a taximeter meeting requirementS of 200.00 the Code 31-86(b) Starting and ending the meter in violation of the 200.00 requirement 31-86(d) Failure to operate with properly sealed and operating 250.00 taximeter 31-86(g) Tampering with a taximeter or the seal 500.00 31-88(a) Pennitting or operating without insul'lllce 500.00 31-88(a) Failure to comply with insurance coverage requirementS 500.00 31-88(b) Failing to provide necessary insurance COV8I8!Ie or 500.00 insurance-reIat selVices 31-88(c) Failure to provide COO with required notices of insurance 200.00 cancelation 31-88(~ Failure to provide documents when requested by the CSD 200.00 http://1ivepublish.municode.comJ4I1pext.d1IJInfobase28/1/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 26 of 32 31-89(a) Operating a vehicle in violation of the vehicle standards 75.00 and Sec. 31-92(b) 31-89(a){2) Operating for-hire vehide without a <ment, valid operating 250.00 permit or inspection decal, as applicable displayed 31-89(a)(7) FlIlure to have an operating air-conditioning system 250.00 31-89(b)(1) Failure to properly display consumer information 100.00 31-89(b){3) Failure to operate with a lit tell-tale light 25.00 31-89(b)(4) Failure to obtain CSD approval or to instaB display in 100.00 accordlllce with CSD inslJUctions 31-89(g) Failure to have an operating mobile two-way radio 250.00 31-93(11) Failure to comply with requirements for operating at Milllli 100.00 Intemalional Airport and the Port of Miami 31-1oo(a) Prohibition against providing taxi passenger services on 1,000.00 behalf of a for -hire license holder without a current vald passenger service COI'I1plIIy registration 31-100(0 Failure to enter into agreement with for-hire taxi Ucense 500.00 holder 31-100(j) Failure to enter into agreement with for-hire taxi chauffeur 500.00 31-1oo(k)(2) Failure to maintain and make avalable copies of 200.00 passenger service agreements 31-1oo(k)(3) Failure to comply with all tenns of passenger seMce 500.00 agreements with for-hire Ucense hokIers and chaulfeUIS 31-1oo(k)(4) Failure to ensure maintenance and availability of records 200.00 pertaining to for-hire operations 31-1oo(k)(7) Refusal to dispatch or neglect to dispatch a request to 100.00 transport 31-100(k)(8) Failure to comply with lost and found rules 100.00 31-101(a) Publishing an advertisement of ground transportation 500.00 services without the for-hire Ucense company or passenger seMce company regislralion number 31-101(c) Advertising other thlll approved rate or fare 500.00 31-303(a) Failure to obtain a chaulfllll's registration. FlIle shall be 1,000.00 reduced to $50.00 if the person issued the citation has held a valid Miami-Dade County chauffeur regislration within the past six months 31-303(i)(1) Failure to display a valid chauffeur's registration 50.00 31-303(0(2) VIOlation of solicitation prohibition 75.00 31-303(0(3) VIOlation of smoking whDe lransporting passengers or 75.00 sleeping in vehicle prohibition 31-303(i)(4) Refusal or neglect to transport; or violation of additional 100.00 passengers prohibition 31-303(i)(5) Failure to maintain a neat appecnnce; or failure to meet 25.00 dress standards 31-303(0(6) Falure to maintain accurate, legible lrip sheets or failure to 25.00 provide lrip sheets to cse, when requested 31-303(i)(7) Overcharging passenger 250.00 31-303(i)(8) Failure to offer fare receipt to paying passenger 25.00 31-303(i)(9) Operating an unsafe vehicle 75.00 31-303(0(10) VIOlation of abusive language prohibition; or being 100.00 discourteous to passengers or enforcement personnel, or soliciting graluities 31-303(0(11) Operating a vehicle whie ability or aIeItness is impaired 250.00 31-303(0(12) Failure to notify COO of modification of agreement with an 25.00 operator or for-hire ~; or failure to notify COO of change of address within ten (10) days of reIocalion 31-303(0(13) Failure to select most economical route to destination 100.00 31-303(i)(14) VIOlation of passenger diversion prohibition, or accepting 250.00 payment for passenger diversion 31-303(i){15) Failure to stop vehicle for inspection; or failure to allow 50.00 authorized enforcers to inspect vehlcte 31-303(i)(16) Failure to display off-<lu1y sign 50.00 http://livepublish.municode.coml4I1pext.dlllInfobase28/1/34c6/352f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 27 of 32 31-303(i)(17) FliIure to use air conditioner 250.00 31-303(~(18) Displaying an altered chauffeu(s registration 250.00 31-303Q)(19) Failure to sign and accept violation notice 250.00 31-303(~(20) Vehicle operation with no valid operating pennit and/or 250.00 vehicle inspection displayed. Fine shan be reduced to $50.00 if valid operating pemlit or valid inspection decal is presented to CSD within two (2) business days d citation issuance 31-303(~(21) Vehicle operation when displayed operating pemlit decal or 250.00 vehicle inspection sticker tampered or altered 31-304(1) Failure to operate with properly sealed and operating 250.00 taximeter 31-304(2) Chauffeur not in attendance of vehicle except when parlted 25.00 in taxicab storage areas at Miami International Airport and Dodge Island; or vehicle doors open when unauthorized 31-304(3) Failure to operate with a lit tell-tale light 25.00 All other Chapter 31 Article II violalions 50.00 AI other Chapter 4, Article III; Chapter 30, Sections 30-371 50.00 and 30-372; and Chapter 31, Articles II, III, IV and V, violations relating to chauffeurs 31.307(~ Failure to comply with prearrangement requirements 250.00 31-602(a) Advertising or pemlitting operations without a valid, current 1,000.00 for-hie ticense 31-602{b ) Failure to comply with out-of-county origin exceptions 500.00 31-6020) Failure to comply with notice requirement 500.00 31-602(k)(3) Providing compensation for the right to pick up passengers 500.00 from or provide for.hire service to any business establshment or public facility 31-602(k)(4) Prohibition against accepting compensation for right to pick 500.00 up passengers 31-602(k)(5) Failure to maintain records at licenSe holder's place of 100.00 business 31-602(k)(10) Failure to report change of address 100.00 31-602(k)(13) Pennitting or authorizing any chauffeur or other person to 500.00 operate any for-hire vehicle without that vehicle's current valid operating permit displayed 31-602(k)(14) Alowing any person to operate without a chauffeur 500.00 registration 31-602(k)(15) Allowing or pemitting any person to operate a for-hie 500.00 vehicle without current, valid and sufIicient coverage 31-602(k)(16) Failure to register and inspect all vehicles placed in and 200.00 taken out of service 31-602(k)(17) Permitting or authorizing operation of a vehicle wNch does 100.00 n~ meet applcable vehicle standards 31-602(k)(18) Allowing any person to operate a for.hire vehicle whose 250.00 a\ertneSS is impaired 31-602(k)(19) Refusal or neglect to transport 100.00 31-604 Failure to comply with minimum rates 500.00 31-607(a) Operating a for-hire vehicle without a current, valid 500.00 operating pemlit or inspection decal as applicable displayed 31-608(a) Permitting or operating without insurance 500.00 31-608(a) Falure to comply with insurance coverage requi'ementS 500.00 31-608{b) Failure to provide necessary insurance coverage or 500.00 insurance-related services 31-608(c) Failure to provide CSD with required notice of insurance 200.00 CIIlC8IIation 31-608(e) Failure to provide documents when requested by the CSD 200.00 31-609(a) Operating a vehicle in violation of any vehicle standards 75.00 31-609(a)(7) Failure to have an operating air-conditioning system 250.00 http://livepublish.municode.coml4I1pext.dlllInfobase28/1/34c6/352f?fn=document-frame.h... 8/20/2002 NextPage LivePublish Page 28 of32 31~15(a) PubHshing an advertisement for ground transportation 500.00 service without the for-hire ticense number 31-615(c) Advertising other than approved tate or fare 500.00 31~15(d) False, misleading and deceptive advertising 1,000.00 Any and all other violalions of Article 6 250.00 32-8.1 (g) VIOlation of water shortage emergency restrictions 75.00 32.8.2 Violation of pennanent landscape irrigation restriclions 50.00 32-121 Unauthorized tampering with utility fixlures at a single 250.00 farnIy residential property 32-121 Unauthorized tampering with utility fixlures at a multi-family 500.00 residential property 32-121 Unauthorized tampering with utility fixlures at a non- 1,000.00 residential property 32-153 Cross-connection by any water customer without backfIow 500.00 preventer 32-156 & 157 Improper installation of backflow preventer 500.00 32-157 Bypassing backflow preventer 500.00 32-158(b) Failure to provide inspection report 50.00 per day 32-159 Unauthorized use d fire suppression device 500.00 32-160 Unreasonable denial d access to prenises 200.00 32-161 Obstruction of access to a backftow preventer 75.00 32-162 T lIllpeIing with a backflow preventer 1,000.00 32-163 Failure to have backftow preventers tested within time 25.00 per day requiled 32-164 Failure to timely repair noncompHant backflow preventers 75.00 per day 32-165 Subrritting a false or fraudulent backftow prevenler test 1,000.00 report 32-166 Failure to report and obtain inspection d backflow 75.00 per day preventers affected by premises modifications (after modifications are placed in use) 32-167(a) Failure to report known or suspected backflow 1,000.00 All other Chapter 32 violations 200.00 3~.2(a) Failure to maintain a non-dwelling structure in good repair. 200.00 3~.2(b) Failure to keep a non-dwelling structure in a clean and 200.00 SlIlitary condition. 3~.2(d) Failure to maintain a non-dwelling structure protected from 200.00 the elements with paint or other protective coaling. 33-8(a) Failure to obtain certificate of use and occupancy for South 500.00 Florida Bulding Code (SFBC) Group A, B, C, D, E, and F occupancies 33-8(b) Falure to obtain certificate of use and occupancy for SFBC 200.00 Group G and H ocalpancies 33-8(c) Failure to obtain certificate of use and occupancy for SFBC 100.00 Group I and J occupancies 33-11 Over -height fence, barbed wire fence, wall or hedge 200.00 33-11 Impropetly Iocaled fence, wall, or hedge 200.00 33-12 Failure to erect or maintain proper swimming pool fence or 500.00 barrier 33-13 Unlawfully establishing an unusual or new use without prior 500.00 approval at public hearing 33-15 lUegaly maintaining or depositing junk or trash 500.00 33-15(e) Conducting auto repairs beyond what is permitted in a 500.00 residentialdislrict 33-15.1 Failure to remove derelictlnonfunctioning property per 500.00 order 33-16 legal excavation 500.00 33-16.1 Failure to comply with lake slope provisions. 200.00 33-19 Maintaining H\egal donation collection bin 500.00 http://1ivepublish.municode.coml4Ilpext.d1l1Infobase2811/34c6/3 52f?fu=document-frame.h... 8120/2002 NextPage LivePublish Page 29 of 32 33-19.1 (a) UnIawlully displaying a vehicle for sale without a valid slate 100.00 license plate or vehicle registration allixed to the vehicle. 33-19.1(b) Displayilg for sale in a residential disbict more vehides than aUowed First offense 100.00 Second and Subsequent Qffense(s) with the same or 500.00 different vehicle 33-20(a) Illegally occupying a temporaiY accessory building tent or 200.00 similar slJUcture without prior approval 33-2O(e) Illegal boat storage 200.00 33-20(n Ilegally mcintaining recreational vehicle or camping 200.00 equipment 33-20.1 lHegally pllllcing or keeping tow truck or equipment in 500.00 residential property 33-20.1.1 Prima facie evidence of illegal multiple use or illegal 500.00 subdivision of a residence 33-25 Illegally maintaining a houseboat 100.00 33-25.1 lHegally establishing a home office 500.00 33-29 Illegally maintaining or storing construction materials or 200.00 eq~ment without active building permit 33-37 Illegal use or OCCUplllcy of land or structure without prior 200.00 pubtic hearing approval 33-38 Failure to comply with a Stop Work Order 500.00 33-38.1 Resisting or obstructing enforcement 500.00 33-39.3 VIOlation of the terms of a consent agreement 500.00 33-50 Maintaining a slJUcture encroaching in required setbacks 200.00 33-51 Maintaining a slJUcture in the setback in a business or 500.00 industrial disbict 33-60 Improper erection of tower, standpipe, mast, etc. 100.00 33-63 Improper location of poles, masts, or towers for supporting 100.00 antenna 33-63.1 Unlawfully maintaining more than one (1) Satellite Dish 200.00 Antenna 33-86 Erection, construction, posting, etc., of a sign without a 200.00 permit 33-93 Failure to obtain required sign inspection approval 200.00 33-95(a) Maintaining a hazardous sign 500.00 33-95(b ) Maintaining an indecent sign 100.00 33-95(c) Maintaining a sign on an unapproved supporting structure 500.00 33-95(d) Maintaining a roof sign 500.00 33-95(e) Maintaining a fence or waI sign in a residential disbict 200.00 33-95(n Illegally maintaining blinking or flashing lights, streamer 500.00 lights, pennants, bamers, streamers, etc. 33-95(g) Illegally maintaining a revclving or rotating sign 500.00 33-95{h) IRegal1y maintaining 'stop' or 'danger" signs 100.00 33-95(1) lUegally maintaining a portable sign 200.00 33-95{j) lUegally maintaining signs on lransportable vehicles or 200.00 devices for advertisement 33-96 llegal Ulumination of signs 100.00 33-97(a) Failure to maintain sign in safe and legible condition 200.00 33-97(a) Failure to remove or paint out sign when use is 100.00 discontinued 33-97(b) Failure to screen the rear of a sign 100.00 33-97(c) Failure to maintain area around signs free of weeds 100.00 33-97(d) Failure to remove dlapidated signs 500.00 33-107 Failure to remove Class C sign in BU-1A or BU-2 zone at 200.00 the time first building permit is issued http://1ivepublish.municode.coml4/lpext.d1l1Infobase28/1/34c6/352f?fn=document- frame.h... 8120/2002 NextPage LivePublish Page 30 of 32 33-107 FlIlure to mainllln the landscaping, or the Class C sign in 100.00 good condition or the sign site free from trash and debris 33-107 Faiure to remove Class C sign at cancellation of permit 200.00 33-111 Illegally maintaining a directional sign 200.00 33-112(a) Failure to maintain an entrance feature 200.00 33-112(d) Illegally maintaining illumination incorporated into an 200.00 entrance feature 33-122.2(a) Failure to provide pamng spaces for persons transporting 200.00 young children and strollers. 33-122.2(b) Improperly located pllking space for persons transporting 200.00 young children and strollers. 33-122.2(c) Improperly painted or posted parldng spaces for person 200.00 transpOlting young children and strollers. 33-122.3 Failure to install bicycle racks or other means of storage 500.00 that can secure at least four (4) bicycles 33-122.3(a) Failure to provide required number of bicycle parking 200.00 spaces 33-122.3(c)(1) Failure to locate bicycle parking spaces near principle 200.00 entrance 33-122.3(c)(2) Failure to install bicycle pllking spaces near entrances to 200.00 buUdings served by the Iols 33-122.3(c)(3) Failll"e to provide bicycle parking spaces in visible, lighted 200.00 IocaIion that does not impede pedesIrian or handicap accessibiity 33-122.3(c)(4) Illegal bicycle parldng spaces in the County maintained 200.00 right-of-way 33-122.3(c)(5) Failure to provide properly designed bicycle rack 200.00 33-122.3(c)(6) Failure to maintain a bicycle rack 200.00 33-122.3(e) Failure to provide signage and marldngs for bicycle parking 200.00 spaces 33-122.4 Failure to provide and maintain litter cans for 100.00 estabHshments that sell takeout beverages or food. 33-124 Failure to provide adequate number of off-street parking 500.00 spaces 33-124.1 Parking of commercial vehicles in residential or agricultural 500.00 zones 33-124.1(b)2 Unlawfully parking, storing or oIherwise keeping more than 500.00 two (2) Category 1 commercial vehicles in a residential zoned district 33-124.1(b)3 Unlawfully parking, storing or otherwise keeping a 500.00 Category 2 commercial vehicles in a residential zoned district 33-124.1(b)5 Unlawfuly parking, storing or otherNise keeping a 500.00 Category 3 commercial vehicle in a residential zoned district 33-126 Failure to provide proper surface for parking area 200.00 33-131 Improper use of parldng areas as commercial parking lot 500.00 33-149(a) Failure to provide any or proper street address number 100.00 33-149(c) Failure to maintain any or proper street address number 100.00 33-150 Illegal sale of alcoholic beverages 500.00 33-15O(H) Illegal band or orcheslra music, dancing or entertainment 500.00 33-168 Illegal placement, storage, or use of mobile home or trailer 500.00 outside of an approved mobile home park 33-169 Unlawful establishment of a mobile home park 500.00 33-169 Failure to maintain mobile home park in complance with 500.00 approY8d site plan 33-174 Failure to maintain minimum setbacks for mobile home, 200.00 porch and other additions. 33-175 Failure to maintain minirTllm setback landscaped buffer 200.00 area. 33-194 Unauthorized use within a district 500.00 http://1ivepublish.municode.coml4I1pext.dlllInfobase28/1/34c6/352f7fn=document-frame.h... 8/20/2002 NextPage LivePublish Page 31 of32 33-196.1 (c) Maintaining a group home less lhan 1,000 feet from 500.00 another group home 33-199 Unauthorized use within a single-family residential district 500.00 33-200 lUegaUy raising, breeding, or keeping animals, insects, 500.00 poultJy or fowl in a residential district 33-200.1 Unauthorized use in a zero lot line development single 500.00 family residential district 33.200.3 Unauthorized use in a modified single-family residential 500.00 district 33-200.4 . Unauthorized use in a modified single-famly residential 500.00 district 33-201 Unauthorized use in a two-family residential district 500.00 33-202.3 Unauthorized use in a townhouse district 500.00 33-203 Unauthorized use in a four unit apartment house district 500.00 33-203.6 Unauthorized use in a minimum apartment house district 500.00 33-204 Unauthorized use in a bungalow court district 500.00 33-207.2 Unauthorized use in a limited apar1ment house district 500.00 33-207.3 Unauthorized use in modified apartment house district 500.00 33-208 Unauthorized use in a high density apartment house district 500.00 33-217 Unauthorized use in a hotel apartment house district 500.00 33-223.1 Unauthorized use in a residential-semi-professiooal olIice 500.00 district 33-223.6 Unauthorized use in a semi-professional olIice district 500.00 33-224 Unauthorized use in an estate modified district 500.00 33-225.1 Unauthorized use in an estate use suburban district 500.00 33-226 Unauthorized use in a single-family estate acre acre estate 500.00 district 33-230 Unauthorized use in a single-family two and one-half acre 500.00 estate district 33-234 Unauthorized use in a single fanily five acre estate district 500.00 33-238 Unauthorized use in a neighborhood business district 500.00 33-247 33-247(39) Unauthorized skating rink construction or use in a 1000.00 neighbolhood business district 33-253 33-255 Unauthorized use in a liberal business district 500.00 33-259 Unauthorized use in an industrial, light manufacturing 500.00 district 33-262 Unauthorized use in an industrial, heavy manufacturing 500.00 district 33-264 Unauthorized use in an industrial, limited manufacturing 500.00 district. 33-268 33-279 Unauthorized use in an agricultural district 500.00 33-226 Failure to maintain required setback belween animals and 200.00 33-230 adjacent property or bulding 33-234 33-243 1Uega! sale of fruit or merchllldise from trucks, wagons, 500.00 33-251.1 open stands or vacant lots 33-353.5 33-356.4 33-244 Failure to conduct a business from within a completely 500.00 33-251.2 enctosed bulding 33-253.6 33-260 33-263 http://livepublish.municode.coml4I1pext.dll1Infobase28/1 /34c6/3 52f?fu=document- frame.h... 8/20/2002 NextPage LivePublish Page 32 of32 33-266.1 33-270 33-244 Illegal storage of materials or products or illegal storage of 500.00 33-251.2 materials above the height of a wall or fence 33-253.6 33-256.5 33-260 33-263 33-266.1 33-270 33-245 Failure to maintain the waI required to separate business 500.00 33-251.3 from residential property 33-253.7 33-256.6 33-311 (b){2) Failure to comply with the concition of a resolution 500.00 All other Chapter 33 violations 500.00 (Ord. No. 85-33, 91(10), 5-21-85; Ord. No. 86-22, 91, 3-18-86; Ord. No. 87-56, 92,9-1-87; Ord. No. 88-32, 91, 4-21-88; Ord. No. 88-36,91,5-3-88; Ord. No. 88-45, 92,5-17-88; Ord. No. 88-46, 92,5-17-88; Ord. No. 88-95, 91,10-4-88; Ord. No. 89-8, 9 1,2-21-89; Ord. No. 89-22, 9 9, 4-4-89; Ord. No. 89-92,96,9-26-89; Ord. No. 89- 104,91,11-7-89; Ord. No. 90-6, 91,2-6-90; Ord. No. 90-11, 94,2-20-90; Ord. No. 90-73, 92,7-24-90; Ord. No. 91-18,91,2-19-91; Ord. No. 91-28, 93,3-5-91; Ord. No. 91-37, 9 3A, 3-19-91; Ord. No. 91-40, 92,4-2-91; Ord. No. 91-65,92,6-20-91; Ord. No. 91-90, 98,9-16-91; Ord. No. 91-95, 926,9-16-91; Ord. No. 91-109, 9 3,10-1- 91; Ord. No. 91-111,91,10-1-91; Ord. No. 91-116, 92,10-1-91; Ord. No. 91-122, 92,10-1-91; Ord. No. 91-123, 912,10-15-91; Ord. No. 91-128,92,10-15-91; Ord. No. 91-134, 92,11-5-91; Ord. No. 92-20, 910, 3-17-92; Ord. No. 92-38, 94,5-19-92; Ord. No. 92-89, 9 3, 8-27-92; Ord. No. 92-97, 9 12, 9-15-92; Ord. No. 93-57,92,6- 1-93; Ord. No. 93-65, 92,6-15-93; Ord. No. 93-70, 96,7-15-93; Ord. No. 93-71, 92,7-15-93; Ord. No. 93-72,9 4,7-15-93; Ord. No. 93-76, 92,7-27-93; Ord. No. 93-108, 91,10-19-93; Ord. No. 93-109, 91,10-19-93; Ord. No. 93-112, 9 1, 10-19-93; Ord. No. 93-115, 92, 11-3-93; Ord. No. 93-130, 92, 11-16-93; Ord. No. 94-13, 92, 1- 20-94; Ord. No. 94-14, 92,1-20-94; Ord. No. 94-15, 94,1-20-94; Ord. No. 94-49, 92,3-17-94; Ord. No. 94-77, 9 2,5-5-94; Ord. No. 94-78, 9 1, 5-5-94; Ord. No. 94-81, 92,5-5-94; Ord. No. 94-93,94,5-17-94; Ord. No. 94-102, 92,5-17-94; Ord. No. 94-121, 9 2, 6-21-94; Ord. No. 94-122, 9 2, 6-21-94; Ord. No. 94-123, 9 3, 6-21-94; Ord. No. 94-124, 92,6-21-94; Ord. No. 94-136, 9 2, 7-12-94; Ord. No. 94-139,91,7-12-94; Ord. No. 94-148, 91,7- 14-94; Ord. No. 94-149, 92, 7-14-94; Ord. No. 94-198,98, 11-1-94; Ord. No. 94-199, 93, 11-1-94; Ord. No. 94- 207,93, 11-1-94; Ord. No. 94-211,95, 11-15-94; Ord. No. 95-23, 92,2-7-95; Ord. No. 95-29, 9 1, 2-7-95; Ord. No. 95-85, 92,5-2-95; Ord. No. 95-86, 91, 5-2-95; Ord. No. 95-100, 92,6-20-95; Ord. No. 95-106, 92,6-20-95; Ord. No. 95-174,9 3(Att. B), 9-20-95; Ord. No. 95-184, 93,10-17-95; Ord. No. 95-187,91,10-17-95; Ord. No. 95-198,92, 11-7-95; Ord. No. 95-222, 9 1, 12-5-95; Ord. No. 96-13, 93, 1-16-96; Ord. No. 96-37, 9 2, 2-20-96; Ord. No. 96-82, 92,6-4-96; Ord. No. 96-86, 93,6-4-96; Ord. No. 96-137, 9 3, 9-17-96; Ord. No. 96-171, 11-19- 96; Ord. No. 96-183, 9 1, 12-3-96; Ord. No. 97-14, 92,2-25-97; Ord. No. 97-53, 92,5-20-97; Ord. No. 97-70, 9 2,6-3-97; Ord. No. 97-213,94,12-2-97; Ord. No. 98-15, 9 1,2-3-98; Ord. No. 98-17,92,2-3-98; Ord. No. 98-33, 93,2-19-98; Ord. No. 98-48, 93,4-21-98; Ord. No. 98-125, 94,9-3-98; Ord. No. 98-137, 91,9-15-98; Ord. No. 98-105,93,7-9-98; Ord. No. 98-169, 9 2,12-1-98; Ord. No. 98-184, 9 2,12-15-98; Ord. No. 98-196,91,12-15- 98; Ord. No. 99-08, 92,1-21-99; Ord. No. 99-16, 93,2-2-99; Ord. No. 99-24, 9 1, 3-4-99; Ord. No. 99-62, 92,6- 8-99; Ord. No. 99-66, 9 2, 6-8-99; Ord. No. 99-70, 92, 6-22-99; Ord. No. 99-99, 9 3, 9-9-99; Ord. No. 99-114, 92, 9-9-99; Ord. No. 99-148, 92,10-19-99; Ord. No. 99-159, 92,11-16-99; Ord. No. 99-163, 92,12-7-99; Ord. No. 99-165,92,12-7-99; Ord. No. 99-167, 9 3,12-16-99; Ord. No. 00-47, 92,4-11-00; Ord. No. 00-53, 95,5-9-00; Ord. No. 00-97, 9 3, 7-25-00; Ord. No. 00-107,92,9-7-00; Ord. No. 00-139, 92, 11-14-00; Ord. No. 00-175, 9 3, 12-19-00; Ord. No. 01-03, 92,1-23-01; Ord. No. 01-35, 92,2-13-01; Ord. No. 01-38, 9 3, 3-8-01; Ord. No. 01-44, 92,3-20-01; Ord. No. 01-74, 97,4-10-01; Ord. No. 01-85, 92,5-8-01; Ord. No. 01-108, 91,6-19-01; Ord. No. 01-109,98,6-19-01; Ord. No. 01-169,92,10-23-01; Ord. No. 01-196, 92,11-20-01; Ord. No. 01-225, 91,12- 18-01; Ord. No. 02-4, 9 1, 1-29-02; Ord. No. 02-20, 9 1, 1-29-02; Ord. No. 02-33, 9 2, 2-26-02) http://1ivepublish.municode.coml4Ilpext.d1lJInfobase28/1/34c6/3 52f?fn=document- frame.h... 8/20/2002 NextPage LivePublish Page 1 of 1 Sec.8CC-10.1. Code Enforcement Technology Trust Fund Ten (10) dollars shall be added to each civil penalty to be placed in a trust fund by the Clerk of Courts to be used for the enhancement of the technological capability of all code enforcement departments. The Clerk of Courts and the County Manager shall jointly appoint a committee of five (5) people to determine the priority for use of the fund. (Orcl. No. 99-55, ~7, 5-25-99) http://livepublish.municode.coml4Ilpext.dlllInfobase28/1/34c6/3535?fn=document- frame.... 8/20/2002 NextPage LivePublish Page 1 of 1 Sec. 8CC-11. Enforcement procedure for municipalities. (a) Municipalities within Miami-Dade County shall be entitled to enforce the applicable provisions of this chapter within their municipal boundaries subject to compliance with the provisions of this section. (b) As a condition to enforcing the applicable provisions of this chapter, a municipality shall enter into an interlocal agreement with Miami-Dade County. The interlocal agreement shall contain, at a minimum, the following: (1) The section or sections of this Code which the municipality wishes to enforce through this chapter; (2) The job title of the agents or employees of the municipality authorized to perform the enforcement functions and the number of agents or employees so authorized; (3) The amount reimbursable to Miami-Dade County for administrative costs relating to the conduct of hearings on appeals from violations issued by the municipality, including but not limited to attorneys' fees and costs, costs of transcription and clerical costs; (4) The amount of revenue reimbursable to the municipality from any fine collected pursuant to this chapter; (5) An agreement to indemnify and save the County harmless from and against any and all liability, actions and causes of action relating to the municipality's enforcement of the provisions of this chapter; and (6) A term not to exceed three (3) years. (c) With respect to laws and ordinances of County-wide application, the provisions of this section shall be supplemental to and not in derogation of any authority of Miami-Dade County to enforce the provisions of those laws and ordinances. (d) Nothing contained in this section is intended to extend the substantive effect or application of any County law or ordinance to any municipal area where such County law or ordinance is not effective or applicable. (e) Nothing contained in this section shall prohibit any municipality from enforcing provisions of its municipal code or this Code by any lawful and authorized means. (Ord. No. 94-38, ~ 1, 3-3-94) http://livepublish.municode.coml4I1pext.dlllInfobase2811/34c6/3 538?fn=document- frame.... 8120/2002 EJ(I1l1H T D ... _ ._-...._ _.. -c.. ~.. .:0- .. ..,:....-::: MEMORANDUM A~cnda lccm No. 6(a)1 ~ DATE: March 3. 199L. Honorable Chairman and Members Board of County Commissioce::"S . ~#~ '.ih~<<~ G. Avino, P.E-,P.L-S. County Manager SUBJECT: Revision to Adminis\.r'3.tive Order2-5: Code Enforcement F-ecom mendation It is recommended that the Board approve Administrative Order 2-5, entitled Code Enforcement, as r~ .arid attached. Back~ound .' Adm.ini.strative Order 2-5. ordered and effective March'18. 1986, has been broadened to include definitions and to specifically identify the responsibilities inh~t to the' administration of Q12pter 8CC of the Code of Metropolitan Dade County by the respective issuing departments, as w~ as Code Enforcement, County Qe:d<: Division. . ... . .. . A new provi,<ion bas .bcen added,.if the proposed otdin3nce pas""" whkh is zet for public hearlng-today. ..:g.romg amending Olaptcr SCCof dle Co<leC 'Iliis.~endincnt WoUld linow the ~flicWs :and. inspect<= . of aiunicipalitieS to p:ii1icipate in the Civil vioMons }md pcniliies ordinance developed under Chapter gCC to ~~H7.e violatoIS of regulations, ~d to use the citation procedures est2blishcd in the Code. .In order to'be en~ed.to the provisions of Chapter SCC. the munj,cip3lity would be required to enter into an interloca1 agreement with the County i. iri accotd3.nce with the conditions included in the amended ord~ce, at ~ minimum. ..... In addition, the department administrative costs and continuing peii31ties reimbursement for diStribution to d~ents by Code Enforcc::ment, County .Qed, Division~ has been refined to , provide" clearer definition. Department3l. adrni.riistt:ative costs incurred by issuing departments while processing <Xltltinuing violations :and levying liens, however, :ate not provided for under 0l3pt<:r SCC. These costs can only be leyied. or collected by departments if other statutory Code provisions or County Commission approval are authorized. . Final1~, a pro~on haS been added identifying how = may be closed and dismissCd. . Attachment ./ Jl.. '~ORITY: S .:RSEDES : l? :CY.: E . aCEMENT p: :.EOURE FOR M"( ~<?=P~: ... ... ..-. () .. /\.0. No-: ORDERED: EFFECTIVE: 2-5 3-8-94 3-8-94 "'"- . ADMINISTRATIVE ORDER METROPOLITAN D~OE COUNTY CODE ~NFORCEMENT section 4 _ 02", Metropolitan Dade county Charter, and Chapter 8CC, Metropolitan Dade County Code, This administrative order supersedes Administrative Order 2-5 ordered and effective' March ~8, 1.986. It sha1l be the po1icy of Metropo1itan Dade county to foster comp~iance with the ordinances. passed" by the Board of county couissioners, . as eml:>Odied in :the. Code of Metropolitan Dade co~ty, by encouraging,its Code Inspectors, to utilize available enforcement mechaniS1l1S, inc~uding the issuance of uniform civi1 no1ation notice,' to attain this goal. . . . . . MunicipaLities wi.thin D~de county shall.,also be entitled to enforce. the. app~icab~e provisions . of tiJ.is . Chapter within '"t:;heir "municipal boUndaries by ,entering ~to an interlocal agreement with Metropo~i.tan Dade ~ounty which shall contain, at.a m~imum, the following: The section or sections of the. c-ode of Metropolitan Dade co~tYI as ~isted in section 8CC-1.0, which .'the 11luni.cipality wishes to enforce through this Chapter; The job title of the agents or employees of the 1I1unicipality authorized to perform the enforcement functions and the' nwaDer of agents or employees so authori~ed; . 3 . The a1l1ount. reilUbur~.able to Metropolitan Dade County for ~dministrative costs relating to the cond:i1ct of hearings on appeals from violations issued by the municipality, including, bu~ not linited to,. attorneys fees and costs, costs of transcription and clerical costs; - 1.. 2. 4. The amount of revenue reimbursable to the "" DEFINITIONS: .;.,.., -- .~ ,; rounicip~lity Irom any fine collected pursuant to the Chapter; s. An agreement to indemnify and save the County harmless Irom and against apy and a~l liability, actions and cause of action relating to the municipality's enforcement of the provisions of this Chapte~; and 6. A term not to exceed three years.' The County reserves the right to set minimum education, training and background check requirements to be met by municipal employees ' or agents enforcing the code. Furthe.nn.ore( the county shall provide oversight and auditing authority'in order to withdraw delegation if it is ,determined th,a t. the lIlunicipali ty is inipro,perly enforcihg:. the code. Any ,appeals to the' circuit court or b€yond from civil violation Notices issued by a municipality shaJ.l be' handled' by that municipality and. its. legal staff. A tCCode' :J)1speCtor" is defined .to be any:agent or ~mployee of Dade co~ty 'Whose duty it 'is to as~e Code compliance. , Subject to the'requirement of 8CC"'~~( a "COde Inspector" is also defined to be any' ag.en:t or employee of 'a municipality 'Who has'. 'be~ authorized pUrsuan,t to that section to assure Code compliance. "'violators" shall be deemed 'to be those p~sons or entiti~ J.egall.y responsible .for . the violation of the ordinanc~s lis~ed in section 8CC-1.0 of the code- An c'uncorrectable violation" is a violation which cannot be.remedied after the violation has been committed because the violation constitutes a single prohibited act rather than an ongoing.c~nditionor circum~tance. A "continuing violationlC ii; a violation wh~ch remains uncorrected beyond the reasonable tJ.me . period for correction contained in'either the civil violation notice or the final order of the hearing officer, ~hichever is applicable- A "rep~at violation" is a recurring violation of an ordinance by a violator ~ho haS H'b.RXNG -OFFICERS: DEPARTMENTS' RESPONSIBILITIES: ..,-.t1I'* .' ......,.. previous~y been gui~ty of the same vio~ation. passage'of Ordinance 85-JJ cre.ated and estab~ished a code enforcement position to be fi~led by Hearing Officers. The- County Manager, or his designee, shall prepare and submit for ratification to the Clerk_of the Board of county Commiss:ioners a list of qualified candidates nominated for appoint1llent as Hearing Offic"ers. . compensation for Hearing Officers shall be $150.00 per day. Code Enforcement department directors, or their designees, shall be responsible for the following: 1.. . Code . Inspectors shall 'enfor~e the . ordinances'liste9..in Section 8CC";1.0 of. the Code. .. .2. Upon issuance of a civil. viol.ation Notice (CVN) . to ~ violator, .a ~ul.l.y c?mpleted copy of the CVN must be sent to Code Enforcement, county Clerk Division. All origwal civi.l. p~alty payments,' continuing ci. vil. penaJ.ty payments, and administrative . hearing' costs imposed. pursuant to the provisions: of Chapter SCC shal.l be. re.m.itt~d. directly to Code Enforcement, ~ounty ,'Clerk 'Division, with a check made payable to the Clerk of the' c~cui~ and county c~urtS. ---r 3. -r-'\ 4. For any CVN issued in which" a date of correction has been given; 'or for any case. in vhich a Hearing Officer has set a date of correction (see Sec. 8CC-4(f) of the Code), a Code Inspector must p~epare an Mfidavit of compliance/Non-Compliance and send a copy to Code Enforcement, County Clerk Division. . The Affidavit lUust indicate whether the violation has been corrected'by the date of correction $eC forth in CVN or by'~e Hearing Officer, and, if it has not, the Affidavit must s~ reflect and must set forth a request ~a ~ ~e.arin9 Officer issue art order f~nd:ng tI:e "7....'~tor guilty of a contl.nu:ng vloolat:~n.' .", .......i,.ng continuing violatloon penaltloes to be e1;.:___1."~ ~ning on the date of correct loon and er~ :::\t a ~ ... MAXIMUM TOTAL FINE: DEPARTMENT 1\DM::INJ:STRATIVE COSTS: ADMDfIsrRAXJ;VE . 'REIMBURSEMENT: ,-.'.'- ..-. , DISMISSAL OF CASES: to paid, citations complied, and citations not complied. 6. A report ",ill be generated on an annual ba!?is, by department., detailing outstanding violations for the previous year. 7 _ A report ",ill .be generated, and distributed for each department, providing the estimated cost reimbursement deduction on an ongoing basis. The ~aximum total fine for anyone continuing violation shall be fixed at ten ti..Ines the original penalty amount. Depai-tment adnu.J'iistrative costs shall. mean certain adJninistrati ve costs incurred .py issuing departments ~hile processing continuing violations and levying liens. Department administrative costs are not . provided for under Chapter 8.CC; and can onJ.y be ~evied or col~ected if author~zed by other statutory COde pr9visions or county C6~sio? a~pr.oval. In order to cover the ' actual. administrative .expenses incurred by the county Clerk Division in supporting the Code Enforcement system, the county c~erk sha~l retain a1.l. original fines and administrative hearing costs assessed b''j a Rearing Officer. After deduction'. of actua~ administrative expenses, the county c~erk, with concurrence of the Budget Director; shall annually return to non- .general fund issuing departments on a prorated basis the remainder of retained origin~l. fines. The conti~uing penalties ana departll1ent administrative costs shall be distributed to non-general fund issuing dep~rtI1lents on a monthly bas is. .. .... - Cases may be closed and dismissed in' the following circumstances: 1. . Where the civil penalty is paid and the violation corrected (if applicable). -. ./ . . ,. ,. ,. . . . .- which the violation must corrected (if applicable) , providing the deadline date to request an administrative hearing,. in vriting, to appeal civil violation. be and , '" the 2. If payment has not been recei:ved for a Civil Violatidn Notice and/or the vio~ation of the Code section has not been corrected, a second ~etter will be issued by certified mail, return receip~ requested, to the violator (with no appeal filed) i;.ndica~ing the civil penalty, accrued penalty, department administrative cost, and the total amount due within 30 days. The violator is further advised that if payment'is not =!=,eceived and/or the viol.ation is not corrected withj:n 30 days, a lien shall be placed agamst the violator's real. or 'personal property. 3. When an appeal. has peen.. fil.ed and the Hearing Officer finds .the violator- guil.ty at the Admi.nistJ:~tive He~ing, a ~et.ter shal.l. be sent :to .the violator ol;'dering. correction of the. violation (if applicable) anc;1' requiripg payment .of :the civil. penalty, hearing adininistrati v.e cost, accrued .penal.ty, and the total.amount to be paid. The . violator is fUrther advised. that if. payment is not received and/or the violation~is. not corrected vi thin 30 days, a lien. shall be placed against the violator' s real. or personal property. To. appeal a Hearing Officer'S decfsion,. a Notice of Appeal must be filed in the circuit court within: '. the tim'e provided by the Florida Rules of APp~late Procedure. ~ . 4 _ .When appropriate, a satisfaction of Lien will be filed in the Oade County public records. 5. Management informati~n reports will be generated monthly, sequenfed bY department and badge number, for distribution indicating citationS - 5. '6. .. .. .. . . . .,....... CODE ENFORCEMENT, COUNTY CL~ DIVISION, RESPONSIBILITIES: ~ specified date I and setting forth the total amount of penalties to be paid by the violator. A lien shall be placed on a violator's real or personal properties \olhenever a violator has failed to pay the amount set forth in an Order of the Hearing otficer. The iien is tp be recorded in the public records of Dade County and Code Enforcement, County Clerk Division, is to be notified of same, along. with the required lien payment- ..' Department shall be authorized to sign statemen~ settling civil penalties for ~ounts less than' the' maximum continuing penalty a Such settleIllent shall contain the justifica:tion for settlement; the inspector's badge number, if applicable; ~e original' penalty amount; ......the sett.lement amount; the amount collecteo. (indicating fuJ.l . payme..t:lt . or partial p~ym.ent);. and the ~ignature of. the department director, or desigtiee, with nbtificatiqn to. Code Enforcement> County 'Clerk Di.visi.on. If any penaltieS bave been ..xnade' the.. subj ect . of .coUrt actions# settlements must also include-an approval. from .the county: AttorTi~y~s Officea . -.' . 7 . If 'W'ithin ten days prior to the bea:i:in9' date a violator requests that a hearin9 be reschedul.ed, code EnforcelIlent, County Clerk Division, 'W'il.l ~utomaticall.Y~-; advise the department in' writin9 a The affected department 'W'ill then 1I1ake the decision as to 'W'hether to reschedul.e or to deny the request and will advise. code Enf?rcement, county Clerk I?ivisio~, of same. Code Enforcement, county Clerk oivision, shall be responsible ~r the following: 1. Upon receipt of a civil violation Notice, a letter will be issued to the violator indicating the amount of the civil penalty and the date bY \olhich the penalty is to be .paid, advising the violator the date bY - - 2. Where the depa~tment has sett~ed vith the vio~ator, pursuant to th~S Administrative Order. '. / 3. Where the He~ring officer finds the named vio~ator not gui~ty and"no appea~ is taken by the county vc issuing municipa~ity. 4. Where there is a '~inal sett~ement, judgment, order, or other resolution of a case by a court of competent jurisdi~tion" This Administrative order is hereby submitted to the Board of county commissioners of Dade co~ty, F~orida. ~~~~ ~oa Jon G. AVl.I10, P.E. I P.L'"~,. . county Manager .,.'-.' .- .' .. ..