Ordinance 98-21 - Laserfiche WebLink

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CODE ENFORCEMENT 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 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 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 admin- istrative appeal concerning the interpreta- tion or application of any technical provi- sions of the Code section allegedly violated. However, once an issue had been deter- mined by a hearing officer in a specific case, that issue may not be further re- viewed 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. (6) Upon exhaustion of a timely filed adminis- trative appeal and finalization of the ad- ministrative order by such board, the hear- Supp. No. 18 ~ 8CC-8 ing officer may exercise all powers given to him by this chapter. The hearing officer shall not, however, exercise any jurisdic- tion 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. (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 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) 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 enforcement purposes. After 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 appeal a final order of the hearing officer for all violations except those contained in Chapter 5 of 1271