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Administrative Order
MIAMI
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Administrative Order No.: 2-5
Title: Code Enforcement
Ordered: 7/25/2000
Effective: 8/4/2000
AUTHORITY:
Section 4.02 of the Miami-Dade County Home Rule Amendment and Charter, and
Chapter BCC, Code of Miami-Dade County.
SUPERSEDES:
This Administrative Order supersedes Administrative Order 2-5 ordered May 25,
1999, and effective June 4, 1999.
POLICY:
It shall be the policy of Miami-Dade County to foster compliance with the ordinances
passed ,by the Board of County Commissioners, as embodied in the Code of Miami-
Dade County (hereinafter referred to as the ~Code~) by encouraging its Code
Inspectors to utilize available enforcement mechanisms, including the issuance of
Uniform Civil ViOlation Notices ("CVNs"), to attain this goal. It shall also be the policy
of Miami-Dade County to recover enforcement fines levied, administrative hearing
and enforcement costs incurred by the departments involved in code enforcement
activities, and accrued interest by utilizing administrative settlement and lien
procedures.
ENFORCEMENT PROCEDURE FOR MUNICIPALITIES:
Municipalities within Miami-Dade County shall be entitled to utilize the applicable
provisions of Chapter BCC within their municipal boundaries by entering into an
.,.-,.,,'~,,"'~ > jnterlocal agreementwith Miami-Dade Cql.Jnty whichshaJf contain. at a:JninKnO.m,the
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1. The section or sections of the Code as listed in Section BCC-10, 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 CVNs issued by the municipality,
including, but not limited to, attorney's fees and costs, costs of transcription and
clerical costs.
4. The amount of revenue reimbursable to the municipality from any fine collected
pursuant to the issuance of a CVN.
5. An agreement to indemnify and save the County harmless from and against any
and all liability, actions and cause of action relating to the municipality's utilization
of the provisions of Chapter 8CC and the Code of Miami-Dade County, if
applicable.
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. Furthermore, the County shall provide oversight and auditing authority in
order to withdraw delegation if it is determined that the municipality is improperly
enforcing the code.
Any appeals to the Circuit Court or beyond from CVNs issued by a municipality shall
be handled by that municipality and its legal staff.
HEARING OFFICERS:
Passage of Ordinance No. 85-33 created and established a code enforcement
position to be filJed by Hearing Officers. The County Manager, or his designee, shall
prepare and submit for ratification to the Clerk of the Board of County Commissioners
a list of qualified candidates nominated for appointment as Hearing Officers pursuant
to the provisions of Section 8CC-2 of the Code. Compensation for Hearing Officers
shall be $ 50.00 per hour up to a maximum of $400.00 per day.
DEPARTMENTS' RESPONSIBILITIES:
~!.. '.deCode Enforcement department directors, ortheir gesig~s. ~h~lIbe responsible fO("
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1. Prior to being provided the authority to initiate enforcement proceedings under
Section 8CC-3(a) of the Code, a Code Inspector shall be required to successfully
complete a "Triple I" criminal background check, which shall be conducted by the
Miami-Dade Police Department at the request of Code Enforcement
departments. This background investigation, which consists of a complete
comouter search of nationwide law enforcement databases. shall include a
Miami-Dade Administrative Orders, A.O. 2-5
Page 3 of6
3. Upon issuance of a CVNto a violator, a completed copy of the CVN must be sent to
Code Enforcement, County Clerk Division.
.4. AI.I original civil penalty payments, continuing civil penalty payments and administrative
hearing costs imposed pursuant to the provisions of Chapter 8CC shall be remitted
directly to Code Enforcement, County Clerk Division, with a check made payable to the'
Clerk of the Circuit and County Courts unless the case is the subject of a settlement
agreement.
5. For any CVN issued in which a date of correction has been given, or for any case in
which a Hearing Officer has set a date of correction (see Sec. 8CC-4(f) of the Code), a
Code Inspector must prepare an Affidavit of Compliance or Non-Compliance as
appropriate and send a copy to Code Enforcement, County Clerk Division. 'The
Affidavit must indicate whether the violation has been corrected by the date of
correction set forth in the CVN or by the Hearing Officer; and, if it has not, the Affidavit
must so reflect and must set forth a request that the Hearing Officer issue an Order
finding the violator guilty of a continuing violation; if applicable, imposing continuing
violation penalties to be effective beginning on the original date of correction and
ending at a specified date, and setting forth the total amount of penalties and costs to
be paid by the violator.
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1/30/02
12. For any lien placed against real property pursuant to Chapter acc or other
provisions of the Code which remains unsatisfied one year from the date of
recordation of the lien, the departments shall notify the Office of the County
Attorney and request mailing of a Notice of Intent to Foreclose. It shall be the
.. responsibility of the County Attorney to initiate foreclosure actions in Circuit Court
on non-homestead properties where foreclosure of the property is in the best
interest of Miami-Dade County.
13. Upon final payment under a settlement agreement or full payment of a lien, all
accrued interest and the costs of lien recordation and satisfaction, the
departments shall record a Satisfaction of Lien in the Miami-Dade County public
records. The Satisfaction of Lien document shall make specific reference to the
civil violation notice number and the issuing department.
CODE ENFORCEMENT, COUNTY CLERK DIVISION
RESPONSIBILITIES:
Code Enforcement, County Clerk Division shall be responsible for the following:
1. Upon receipt of a CVN, a letter will be issued to the violator indicating the amount
of the civil penalty and the date by which the penalty is to be paid, advising the
violator the date by which the violation must be corrected (if applicable), and
providing the deadline date to request an administrative hearing in writing, to
appeal the issuance of the CVN.
2. If payment has not been received for a Civil Violation Notice and/or the violation
of the Code Section has not been corrected, a second letter will be issued to the
violator (where no timely appeal has been filed), indicating the civil penalty,
accrued penalty, and the total amount due within 30 days. The violator is further
advised that if payment is not received or the violation is not corrected within 30
days, a lien shall be placed against the violator's real or personal property.
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3. When an appeal has been filed and the Hearing Officer finds the violator guilty at
the Administrative Hearing, a letter shall be sent to the violator ordering
correction of the violation (if applicable) and requiring payment of the civil
penalty. .hearing..~dministraijve costs, enforcement.costs~,accrl.3'd p~lti~.atlct...~. .
the total amount to be paid. The violator is further advised that if payment is not
received or the violation is not corrected within 30 days, a lien shall be placed
against the violator's real and personal property. To appeal a Hearing Officer's
Final Order, a Notice of Appeal must be filed in the Circuit Court within the time
provided by the Florida Rules of Appellate Procedure.
4. If within five days prior to the hearing date a violator requests in writing that a
hearina be rescheduled. Code Enforcement. County Clerk Division. will
automatically advise the department in writing. The affected department will then
either agree or object to the continuance request.
5. Upon receipt of the Mandate from the Circuit Court, pertaining to an appeal of a
Hearing Officer's Final Order, where the County is the prevailing party, a letter
will be issued to the violator indicating the amount of the civil penalty,
administrative costs, and enforcement costs are due and payable within ten (10)
days. The violator is further advised that if payment is not received or the
violation is not corrected within ten (10) days, a lien shall be placed against the
violator's real or personal property.
6. When appropriate, a Satisfaction of Lien will be filed in the Miami-Dade County
public records.
7. Management information reports will be generated monthly for distribution,
sequenced by department and badge number, indicating citations paid, citations
complied with, and citations not complied with.
B. A report will be generated on an annual basis, by department, detailing
outstanding violations for the previous year.
9. A report will be generated, and distributed for each department, providing the
estimated cost reimbursement deduction on an ongoing basis.
DEPARTMENT SUPPLEMENTAL COSTS:
Department supplemental costs shall mean certain administrative costs incurred by
uSing departments while processing continuing violations and levying liens and
expenses incurred in collection efforts. Department supplemental costs are not
provided for urider Chapter BCC and can only be levied or collected if authorized by
other statutory Code provisions, administrative order or County Commission
approval.
ADMINISTRATIVE REIMBURSEMENT:
In order to cover the actual administrative expenses incurred by the County CI.erk
~Tl;.T'";~=Oivision in supporting the Code Enforcement sy&tern,. th$ County Clerk6haDretain aD"
original fines and administrative hearing costs assessed by a Hearing Officer. After
deduction of actual administrative expenses, the County Clerk, with concurrence of
the Budget Director, shall annually return to non-general fund issuing departments on
a prorated basis the remainder of retained original fines. The continuing penalties,
enforcement costs and department supplemental costs collected which are not the
result of a settlement agreement shall be distributed to non-general fund issuing
departments on a quarterly basis.
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CLOSURE OF CASES:
Cases may be closed in the following circumstances:
1. Where the civil penalty is paid and the violation corrected (if applicable).
2. Were the department has settled with the violator, pursuant to this Administrative
Order.
3. Were the department voids the CVN.
4. Were the Hearing Officer finds the named violator not guilty and no appeal is
taken by the County or issuing municipality.
5. Where there is a final settlement, judgment, order or other resolution of a case by
a court of competent jurisdiction.
This Administrative Order is hereby submitted to the Board of County Commissioners
of Miami-Dade County, Florida.
M. R. Stierheim
County Manager