Reso 2007-1047 - Laserfiche WebLink

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Ueneral Code 1::':-Code: City ot Sunny Isles tleach, YL page j 01 / A. A civil violation notice (sometimes referred to as a "citation") shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the Code or ordinance violated. (6) The name and authority of the Code Enforcement Officer. (7) The procedure to be followed in order to pay the civil penalty or contest the citation. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appeal or contest the citation within seven days after service of the civil violation notice, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (11) A statement that the violator may be liable for reasonable administrative hearing costs should they be found guilty. B. Service of the civil violation notice or citation to the violator shall be effected by hand delivery to the violator; by leaving the civil violation notice at the violator's usual place of residence with any person residing therein who is 15 years of age or older and informing such person of the contents of the civil violation notice; by overnight courier; by certified mail (return receipt requested) to the violator's usual place of residence or other property, which service shall be deemed completed upon signing of the receipt; or by posting the civil violation notice in a conspicuous place on the premises or real property upon which the violation was observed. Any method of service of the civil violation notice described above shall be deemed proper service, and the time for compliance stated in the civil violation notice shall commence with the date of such posting. fi 14-8. Civil penalties. Editor's Note: See also Ch. 1, General Provisions, Art. II, Penalties, for additional penalty provisions. A. Penalties for violations of the provisions to be enforced through this chapter shall be in the amounts prescribed in the schedule of civil penalties contained herein. Provided however, that the maximum civil penalty shall be $500 for a single violation. Editor's Note: The full Schedule of Civil Penalties, based on the County Code, is on file in the office of the City Clerk. The Schedule of Modified Penalties, wherein specific City fines differ from the County Code, is included at the end of this chapter. If the violation is continuing or repetitive, a single violation will occur each day beyond the time for correction set forth in the civil violation notice. Failure to pay the imposed fine(s) even after correction of the violation may be considered noncompliance and a continuing violation for the purposes of assessing continuing penalties. B. For each day of a continued violation, an additional penalty in the same amount as that prescribed for in the original violation shall be added. C. Civil penalties assessed as provided herein are due and payable to the City on the last day of the period allowed for the filing of an appeal of the Code Enforcement Officer's decision, or if proper appeal is made, when the appeal has been finally decided adversely against the named violator. D. For the first repeat violation, the amount of the civil penalty shall be double the amount of the penalty prescribed for the original violation. 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 anyone repeat violation shall be $750. E. A repeat violation which remains uncorrected beyond the time prescribed for correction in the notice of violation shall be treated as a continuing violation, and the additional penalty for each day of continued violation shall be double the amount due for the first day of the repeat violation. F. A repeat violation includes a violation committed by an entity that has one or more officers, major shareholders or general partners in common with another entity, which violated the same Code provision within five years of the current violation. For purposes of this section a major shareholder shall be one who owns at least 25% of the shares of that corporation. This subsection shall apply only where the common officer(s), major shareholder(s), or general partner(s) are or were actively involved in the management of the entity committing the violation at the time when the violation occurred. G. Continuing violation penalties shall accrue from the date of correction given in the civil violation notice until the correction is made, and compliance is obtained or until a request for administrative hearing is filed, whichever comes first. If the named violator requests an administrative hearing and loses his appeal, the Special Master shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth herein. If correction is not made within the period set by the Special Master, continuing violation penalties shall begin to accrue after the time allowed http://www.e-codes.generalcode.com/searchresul ts .asp ?cmd=getdoc&DocI d=4&Index=C%3 a%5cProgra... 2/2312007