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HomeMy WebLinkAboutCh. 8CC Code Enforcement EXHIBIT C Chapter 8Ce CODE ENFORCEMENT. ~/ /" ,"',r -Editors note-Ord. No. 85-33, f 1, adopted Ma,y 21, 1985, added a chapter to the Code, which was numbered 8CC at the editor's discretion. . . Cross references-General penalty, f 1-5; municipal code enforcement boards, f 2-319. State law reference-Code enforcement, F.S. ch. 162. . 1265 CODE ENFORCEMENT Sec. 8CC.I. Civil offenses and penalties; hearing officers. The violation of any County ordinance listed in Section 8Ce-IO of this chapter shall.constitute a civil offense punishable by civil. penalty in the amount prescribed in Section BCC-IO and'as mod- ified by Secti~n BCC-4 of this chapte~. .Accord- ingly, there is hereby created and established a code enforcement position "'to be filled by hearing officers to enforce the or~ances listed in Section 8CC-to which are contained in and enacted pur- suant to. this Code. (Ord. No. 85-33, ~ 1(1), 5-21-85) See. 8CC-2. Qa~cations of officers and re- moval;' organization. (a) Hearing officers shall be residents of 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 des- ignee on the basis of experience or interest in code enforcement. Such appointmentS shall be sub- mitted to the Clerk of the Board of County Com- missioners for ratification by the Clerk. (b) The County Manager or his designee shall appoint as many hearing officers as are deemed necessmy. Appointments shall be made for a term of one (1) year. Any hearing officer may be reap- pointed 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 hearing of- ficer at the end of each of his one-year terms~ The County Manager shall have authority to remove . hearing officers with or without cause. Appoint- ments to till any vacancy shall be for the re- mainder of the unexpired term. (c) Hearing officers shall not be CountY em- ployees but shall be compensated at a rate to be determined by administrative order. (d) The Dade County Attorney's Office shall serve as general counsel to the hearing officers. If an appeal is held pursuant tb Section BCC-B, the ~ 8CC-3 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-d6; Ord. No. 90-6, ~ 1, 2-6-90) See. 8Ce3. Enforcement procedures. (a) For the purposes of this chapter, a ."Code Inspector" is detmed ~ be any agent or emplo:yee of Dade County whose duty it is to assure code compliance. (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 ordi- . nances listed in Section 8CC-10. (d) A Code Inspector who tmds a violation of those ordinances of this Code listed in Section BCC-I0 shall determine a reasonable ~e period within which the violator must correct the viola- tion. This determination shall be based on consid. erations of fairness; practicality; ease of correc- tion; 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 viola. tion. (e) A Code Inspector who tmds 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 notiJe 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 no- tice may be sent by certified mail, return receipt requested. or by posting of the civil violation no- tice in a conspicuous place on the premises or real property upon which the violation has been ob- served. Such posting of the civil violation shall be . deemed proper service, and the time for compli- 1267 !i aCC-3 DAnE COUN'IY OODE / ance,stated in itihe ,notice, shall commence with the date Bncl1Ill01iiae is posted. Such ~tdf:tJheci:W1ridlstion notice.shall be deemea ~ ..e1Wice,.:and the ~e for ,conipli- . anee, l$dled i;n ifihe m.~, :Shall ;eom.menoe -wi&. the I'l!me smdh mmne iispSied. (f) 1r.he ~ widla'tiion notice sball include but not be 1iniIfiea !to 'ifhe followiIig: (1) Date of issuance. (2) Name of Code Inspector and division or de- partment 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 viola- tion, 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 (or paying the civil fhte or filing.for an administrative hearing before a hearing officer to appeal the civilime. (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 sub- ject to additional penalty in the same amount, without the need for additional no- tices 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 adminis- trative hearing within twenty (20) days after service of the civil violation notice shall constitute a waiver of the Violator's. right to an adminiAtrative hearing before the hearing officer, and that such waiver shall constitute an admission of violation. (1.'2) .Notice that the violator may be liable for the reasonable costs of the administrative hearing should he be found guilty of the violation. {Ord. No. 85-33. f 1(3), 5-21-85; Ord. No.-86-22, ~ 1., 3-18-86; oro. No.~. ~ 1, 2-6-90) See. .8CC-4. Civil penalties and related terms construed. fa) 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 Sec- tion 8CC-10. (b) An ~uncorrectable violation" isa 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 unco~le violation shall constitute a sep- . aration violation and shall subject the violator to an additional penali;y in t1W same amount.as that presc:n1>ed for the original violation. If,however, a violator has been once found guilty of an W'lcor- rectable violation, and causes the same uncorrectr . able violation to occur a second time, eachreoc- currence of the uncorreCtable violation by such violator shall constitute a ((repeat violationtl as provided in Section 8CC-4(d). (c) UContinuingviolations" 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 cor- rection has run, an additional penalty in the same amount as that prescribed for the original viola- tion shall be added. \ (d) A "repeat violatioI)" is a recurring violation of an ordinan~ by a violator who has previously been guilty of the same viol~tion. 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 vi. olation 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 -. / f '. 1268 CODE ENFORCEMENT first day of the immediately preceding violation, provided that the maximum penalty payable for the first day of anyone (1) repeat violation shall be seven hundred f"llty dollars ($750.00). (e) A r.epeat violation which remains uncor- rected 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 vio- lation notice until the correction is made if a re- quest for admimstrative hearing is not ~e~y filed. If the named violator requests an ailmmtR- trative 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 consid- erations set forth in Section 8CC-3(d). If correc- tion 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 ltilminiRtra- tive hearing, if the named violator timely requests an ailminiAtrative hearing to appeal the decision of the Code Inspector. Continuing violation pen- alt~es ca:finot be imposed by the hearing officer for uncorrectable violations. (g) Civil penalties assessed pursuant to this chapter are due and payable to 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 fmally 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) Sec. 8CC-5. Rights of violators; payment-of fine; right to appeal; failure to pay and corre~ 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 indi- cated on the notice, and correct the viola- . Supp. No.7 ~ 8CC.6 tion 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 yiolation notice, (b) Appeal by ailminiAtrative hearing of the no- tice of violation shall be accomplished by filing a request in writing to the address indicated on the notice, not later than twenty (20) calendar days after the service of the notice. (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 ailmi":'iR~tive hearing bef~re a hearing officer, the hearing officer shall be m- formed of such failure by report from the Code Inspector. If the named violat,orpays the civil pen- alty for a correctable vio18tion but does not cor- rect that violation within the time specified, each day that the violation continues beyond such spec- ified time shall constitute a continuing violation. Failure of the named violator to appeal the deci. sion of the Code Inspector within the prescribed time period shall constitute a waiver of the viola- tor's right toailminiRtrative hearing before the hearing officer. A waiver of the right to ailminil'l- trative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. (Ord. No. 85-88, ~ 1(5), 5-21-85; Ord. No. 86-22, ~ 1,3-18-86; Ord. No. 90-6, ~ 1,2-6-90) See. 8CCG. Scheduling and conduct of hearing. (a) Upon receipt of a named violator's timely request for an ailminiRtrative hearing, the hearing officer shall set the matter down for hearing on the next regularly scheduled hearing date or as soon.thereafter as possible. (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. 1269 ~ 8CC-6 DADE COUNTY CODE // , (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 conside~ 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 CommiAsioners. 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 re- ceived 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. An testimony shall be under oath. Assuming proper notice, a hearing may pro- ceed in the absence of the named violator. (0 The proceedfugs at the hearing shall be re- corded and may be transcribed at the expense of the party requesting the transcript. (g) The Clerk of the Board of County Commis. sioners shall provide clerical and administrative personnel as may be reasonably required by ea.ch 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 accor. dance with the formal roles relating to evidence . and witnesses. Any relevant evidence shall be ad- mitted if the hearing officer fmds it competent Supp. No.7 and reliable, regardless of the existence of any common law or statutory rule to the contrary. (j) Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross- examine opposing witnesses on any matter rele- vant to the issues even though that matter was not covered in the d.ireCt 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 fmdings of fact based on evidence of record. In order to make a fmding upholding the Code Inspector's decision, the hearing officer. must [md that a preponder- ance of the evidence indicates that the named vi- olator was responsible for the violation of the rel- evant section.ofthe Code as charged. . a> If the named violatOr is found guilty of the violation, he may be held liable for the reasonable costs of the adminiAtrative hearing, at the discre- tion of the hearing officer. (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 of. fIcer 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 afllrms the decision of the Code Inspector, the he8ringofficer, pursuant to Section 8CC-4(f), shall determine a reasonable time pe- riod within which correction of the violation must be made. If the hearing officer reverses the deci. sian of the Code Inspector and. finds the named violator not responsible for the Code violation al- leged in the civil violation notice, the named vio- lator shall not be liable for the pa)IDlent 9fany civil penalty, absent reversal of the hearing offi. cer's findings pursuant to Section 8CC-8(a). If the decision of the hearing officer is to afllrm, 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 cor- rected to prevent imposition of continuing violation penalties (if applicable), / f 1270 ! CODE ENFORCEMENT i Inspector and finds the named violator not respon- sible 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 cor- rected 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 hear- ings. (2) Subpoena alleged violators and witnesses for hearings; subpoenas may be served by the Dade County Sherifi's 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 pen- alties as provided herein. (0) (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 administra- tive appeal concerning the interpretation or application of any technical provisions of the Code section allegedly violated. Howev- er, 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 viola- tor waives his right to administrative ap- peal 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. (6) Upon exhaustion of a timely filed adminis- trative appeal and finalization of the ad- ministrative order by such board, the hear~ ing officer may exercise all powers given to Supp. No. 11 ~8CC-8 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 ap- peal has been exhausted. (7) The hearing officer shall be bound by the interpretations and decisions of duly autho- rized County boards concerning the provi- sions of the codes within their respective jurisdictions. In the event such a board de- . cides that an alleged violation of the Code is not in accordance with such board's in- terpretation 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) Sec. 8CC-7. Recovery of unpaid civil penal. ties; unpaid penalty to consti- tute.a lien; foreclosure. (a) 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, if the violator does not own the land, 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 en- forcement purposes. Aftet one (1) year from the filing of any such lien which remains unpaid, Dade County may foreclose or otherwise execute on the lien. (Ord. No. 85-33, ~ 1(7), 5-21-85) Sec. 8CC-8. Appeals. (a) The named violator or the County may ap- peal a final order of the hearing officer for all vi- olations except those contained in Chapter 5 of the County Code by filing a notice of appeal in the 1271 ~ 8CC-8 DADE COUNTY CODE ..>" Circuit Court in and for 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 over'" turn the order of a hearing officer by making ap- plication to Dade County Court for a trial de novo on the merits. Such application shall be filed with- in 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 ex- hausted. Failure to make such application within the prescribed thii-ty-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 ofthe hearing officer are overturned in a proceeding held pursuant to Sec- tion 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; Ord. No. 91-127, ~ 2, 10-15-91) Sec. 8CC-9. Provisions contained herein are supplemental. Nothing contained in this chapter shall prohibit Dade County from enforcing its Code by any other means. The enforcement procedures outlined here- in are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of thjs Code. (Ord. No. 85-33, ~ 1(9), 5-21-85) . Sec. 8CC-IO. 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 1isted in the schedule of civil penalties, the entirety of that section may be enforced by the mechanism provided in this Chapter 8CC,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. Code Section 2-8.1 Description of Vw[ation Civil Penalty Disclosing false information Construction in right-of-way without permit Construction in right-of-way nonconforming with public works manual 2-103.1 Illegal paving or drainage construction on private property 2-103.15 megal signs in right-of-way All other Chapter 2 violations 2-103.1 2-103.1 Supp. No. 11 $ 500.00 200.00 200.00 200.00 200.00 200.00 1272 CODE ENFORCEMENT ~ 8CC-10 Code Civil Section Description of Vwlation Penalty 4-3(a) Providing ambulance service without a certificate of public 500.00 convenience and necessity 4-3(a) Advertising ambulance service without a certificate of pub- 500.00 lie convenience and necessity 4-7(a) Charging an unlawful rate 500.00 4-7(a) Failure to post rates 50.00 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 list of 500.00 telephone numbers and addresses of responsible manage- \ ment personnel 4-8(a)( 4) Failure to provide service twenty-four (24) hours each and 500.00 every day 4-8(a)(5) Failure to promptly answer every telephone call for service 500.00 4-8(a)(6) Failure to load and transport patients with a medical emer- 500.00 gency 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 all times 4-8(a)(8) Failure to tape record all radio and telephonic service re- 500.00 lated 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 sixty (60) days 4-8(aX9) Failure to inform complainants of their right to redress un- 500.00 resolved 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 complaints 4-8(c) Hiring of individuals in violation of Section 4-8(b) 500.00 4-13(c) Engaging an ambulance or air ambulance with intent to 1,000.00 defraud the certificate holder 4-16(a) Advertising without the existence of a certificate of public 1,000.00 convenience and necessity from Dade County 5-2 Keeping wild animals or reptiles 200.00 5-2.1 Failure to ensure that animal sterilization requirements 500.00 are met and/or breaching an agreement to sterilize an ani- mal Supp. No. 12 1273 ~ 8CC-IO DADE COUNTY CODE Code Civil Section Description of Violation Penalty 5-2.2 Dye or color baby chickens, ducklings, and rabbits or other 200.00 animals or fowl 5-2.3 Sale or possession of dyed baby chickens, ducklings, rabbits 200.00 or other animals or fowl 5-2.3.1 Sale of turtles without salmonella test 200.00 5-2.3.2 Failure to post warning at displays of turtles for retail sale 200.00 5-2.5 Cruelty to animals 500.00 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 at large 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 running 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 con1ine dog during dangerous dog investigation 100.00 or hearings; failure to provide address where the animal resides; relocating the dog during the investigation or hear- ings; or transfer of ownership during the investigation or hearing 5-6.2(d)(17) Failure to con1ine dog during the dangerous dog determi- 250.00 nation 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 occur- 500.00 rences involving dangerous dogs 5-6.2(h) Failure to notify Animal Control of change of ownership of 500.00 dangerous dog 5-6.2(i) Failure to muzzle or restrain dangerous dog 500.00 5-6.2(j) Using dangerous dogs in hunting. 500.00 Supp. No. 12 1274 Code Section CODE ENFORCEMENT !~ 8CC-IO 31-303(a) All o~her Chapter 30, Article III, violations Description of Vwlation Civil Penalty Failure to obtain a chauffeur's registration. Fine shall be reduced to $50.00 if the person issued the citation has held a valid Dade County chauffeur registration within the past six months 200.00 1,000.00 31-303(0(1) Fail~re to display a valid chauffeur's registration 50.00 31-303(i)(2) Violation of solicitation prohibition 75.00 31-303(iX3) Violation of smoking while transporting passengers or sleep- 75.00 ing in vehicle prohibition 31-303(iX4) Refusal or neglect to transport; or violation of additional 100.00 passengers prohibition 31-303(i)(5) Failure to maintain a neat appearance; or failure to meet 25.00 dress standards 31-303(iX6) Failure to maintain accurate, legible trip sheets or failure to 25.00 provide trip sheets to CSD, when requested 31-303(iX7) Overcharging passenger 250.00 31-303(i)(S) Failure to offer fare receipt to paying passenger 25.QO 31-303(iX9) Operating an unsafe vehicle 75.00 3 1-303(iX 10) Violation of abusive language prohibition; or being discour- 100.00 teous to passengers or enforcement personnel, or soliciting /" gratuities 31-303(iXll) Operating a vehicle while ability or alertness is impaired 250.00 31-303(iX12) Failure to notify CSD of modification of agreement with an 25.00 operator or for-hire company; or failure to notify CSD of change of address within ten (10) days of relocation 31-303(iX13) 31-303(iX14) 31-303(i)(15) 31-303(iX16) 31-303(i)(17) 31-303(i)(1S) 31-303(i)(19) Supp. No. 10 Failure to select most economical route to destination Violation of passenger diversion prohibition, or accepting payment for passenger diversion Failure to stop vehicle for inspection; or failure to allow authorized enforcers to inspect vehicle Failure to display off-duty sign Failure to use air conditIoner 100.00 250.00 50.00 50.00 250.00 250.00 250.00 Displaying an altered chauffeur's registration Failure to sign and accept violation notice 1297 Supp. No. 10 1298 CODE ENFORCEMENT ~ BCC-ll (Ord. No. 85-33, ~ 1(10),5-21-85; Ord. No. 86-22, ~ 1,3-18-86; Ord. No. 87-56, ~ 2, 9-1-87; Ord. No. 88-32, ~ 1,4-21-88; Ord. No. 88-36, ~ 1,5-3-88; Ord. No. 88-45, ~ 2, 5-17-88; Ord. No. 88-46, ~ 2, 5-17-88; Ord. No. 88-95, ~ 1, 10-4-88; Ord. No. 89-8, ~ 1,2-21-89; Ord. No. 89-22, ~ 9, 4-4-89; Ord. No. 89-92, ~ 6, 9-26-89; Ord. No. 89-104, ~ 1, 11-7-89; Ord. No. 90-6, ~ 1,2-6-90; Ord. No. 90-11, ~ 4, 2-20-90; Ord. No. 90-73, ~ 2, 7-24-90; Ord. No. 91-18, ~ 1,2-19-91; Ord. No. 91-28, ~ 3, 3-5-91; Ord. No. 91-37, ~ 3A, 3-19-91; Ord. No. 91-40: ~ 2, 4-2-91; Ord. No. 91-65, ~ 2, 6-20-91; Ord. No. 91-90, f 8, 9-16-91; Ord. No. 91-95, ~ 26, 9-16-91; Ord. No. 91-109, f 3,10-1-91; Ord. No. 91-111, ~ 1, 10-1-91; Ord. No. 91-116, ~ 2, 10-1-91; Ord. No. 91-122, ~ 2, 10-1-91; Ord. No. 91-123, ~ 12, 10-15-91; Ord. No. 91-128, ~ 2, 10-15-91; Ord. No. 91-134, ~ 2, 11-5-91; Ord. No. 92-20, ~ 10,3-17-92; Ord. No. 92-38, ~ 4, 5-19-92; Ord. No. 92-89, ~ 3, 8-27-92; Ord. No.. 92-97, ~ 12,9-15-92; Ord. No. 93-57, ~ 2, 6-1-93; Ord. No. 93-65, ~ 2,6-15-93; Ord. No. 93-70, ~ 6, 7-i5-93; Ord. No. 93-71, ~ 2, 7-15-93; Ord. No. 93-72, ~ 4, 7-15-93; Ord. No. 93-76, ~ 2, 7-27-93; Ord. No. 93-108, ~ 1, 10-19-93; Ord. No. 93-109, ~ 1, 10-19-93; Ord. No. 93-112, ~ 1, 10-19-93; Ord. No. 93-115, ~ 2, 11-3-93; Ord. No. 93-130, ~ 2, 11-16-93; Ord. No. 94-13, ~ 2, 1-20-94; Ord. No. 94-14, ~ 2, 1-20-94; Ord. No. 94-15, ~ 4, 1-20-94; Ord. No. 94-49, ~ 2, 3-17-94; Ord. No. 94-77, ~ 2, 5-5-94; Ord. No. 94-78, ~ 1, 5-5-94; Ord. No. 94-81, f 2, 5-5-94; Ord. No. 94-93, ~ 4, 5-17-94; Ord. No. 94-102, f 2, 5-17-94; Ord. No. 94-121, ~ 2, 6-21-94; Ord. No. 94-122, ~ 2, 6-21-94; Ord. No. 94-123, ~ 3, 6-21-94; Ord. No. 94-124, ~ 2, 6-21-94; Ord. No. 94-136, ~ 2, 7-12-94; Ord. No. 94-139, ~ 1, 7-12-94; Ord. No. 94-148, ~ 1, 7-14-94; Ord. No. 94-149, ~ 2, 7-14-94; Ord. No. 94-198, ~ 8, 11-1-94; Ord. No. 94-199, ~ 3,11-1-94; Ord. No. 94-207, ~ 3, 11-1-94; Ord. No. 94-211, ~ 5, 11-15-94; Ord. No. 95-23, ~ 2, 2-7-95; Ord. No. 95-29, ~ 1,2-7-95) Sec. 8CC-ll. Enforcement procedure for mu- nicipalities. (a) Municipalities within Dade County shall be entitled to enforce the applicable provisions of this chapter within their municjpal boundaries sub- ject to compliance with the provisions of this sec- tion. (b) As a condition to enforcing the applicable proVisions of this chapter, a municipality shall en- ter into an interlocal agreement with Metropoli- tan 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 Metropolitan Dade County for administrative costs relat- ing 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 cleri- cal costs; Supp. No. 12 (4) The amount of revenue reimbursable to the municipality from any fine collected pursu- ant 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 re- lating 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 ordinancesofCoun- ty-wide application,.the provisions of this section shall be supplemental to and not in derogation of any authority of Metropolitan Dade County to en- force the provisions of those laws and ordinances. (d) Nothing contained in this section is intend- ed to extend the substantive effect or application of any County law or orcl41ance to any municipal area where such County law or ordinance is not effective or applicable. (e) Nothing contained in this section shall pro- hibit 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) 1303 [The next page is 1351)