Ordinance 2023-603 - Laserfiche WebLink

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(B) Any fines and fees collected under this article shall be (1) deposited in the City of Sunny Isles Beach Stormwater Utility Fund, and (2) used by the City for the administration, education, and enforcement of this article, and to further water conservation, nonpoint pollution prevention activities, water quality improvements, and ecosystems enhancements that protect the City's water resources. (C) Enforcement. This article shall be enforced in accordance with Chapter 14, Code Enforcement, of the City Code of Ordinances. (D) Penalties. Any person or entity found to be in violation of any section of this article shall be subjected to the following penalties: L First violation: $250.00; or ii. Second violation: $500.00; Each day in violation of this article shall constitute a separate offense. (E) Failure to pay the civil fine, or to timely request an administrative hearing before a special magistrate, shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. Unsaid fines shall accrue interest at the highest legal limit authorized by law. (F) The violator shall pay for any water quality control violations from.any agency that results in fines being assessed to the City because of the violator's failure to eliminate turbid runoff from leaving the site and raising background levels of turbidity above existing background levels. (G) The violator is responsible for reimbursement to the City of all investigative and cleanup costs incurred by the City. Costs shall include, but are not limited to, cost of equipment operation and maintenance associated with the investigation, cost of materials used in the investigation, personnel cost of contract services, waste disposal cost, laboratory costs, and Department labor costs. The City shall submit an itemized invoice with all the reimbursable costs to the violator. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Page 11 of 12