HomeMy WebLinkAboutOrdinance 98-21
, i
O~~CE NO. 98-1:L
l
,-
AN ORDINANCE OFTiIE CITY OF SUNNY ISLES BEACH,
FLORIDA ESTABLISHING A CODE ENFORCEMENT
PROCEDURE; PROVIDING DEFINITIONS; PROVIDING
FOR CIVIL INFRACTIONS AND PENAL TIES;
QUALIFICATIONS, APPOINTMENT, REMOVAL AND
COMPENSATION OF SPECIAL MASTERS; SETTING
FORTH THE POWERS OF SPECIAL MASTERS;
AUTHORITY TO INITIATE ENFORCEMENT; PROVIDING
FOR ENFORCEMENT PROCEDURES INCLUDING THE
CONTENTS AND METHOD OF SERVICE OF CIVIL
VIOLATION NOTICE OF VIOLATIONS; PROVIDING FOR
CIVIL PENALTIES AND RELATED TERMS CONSTRUED;
PROVIDING FOR RIGHTS OF VIOLATORS; PAYMENT OF
FINE; RIGHT TO APPEAL; FAILURE TO PAY AND
CORRECT OR TO APPEAL; WILFUL REFUSAL TO
ACCEPT CIVIL VIOLATION NOTICE; SCHEDULING AND
CONDUCT OF HEARING; PROVIDING REMEDIES TO
RECOVER UNPAID CIVIL PENALTIES; UNPAID
PENALTIES TO CONSTITUTE A LIEN AND PROVIDING
FOR FORECLOSURE; PROVIDING FOR APPEALS OF
ORDERS OF SPECIAL MASTERS; PROVIDING FOR
ADDmONAL ENFORCEMENT POWERS; ESTABLISHING
A SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, AS FOLLOWS:
CODE ENFORCEMENT
Sec. 1. Definitions.
For the purposes of this Ordinance, the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with the context, words used in
the present tense include future, words in the plural number include the singular number and
vice versa. The word "shall" is always mandatory and not merely directory.
(A) "Code" means collectively the City of Sunny Isles Beach Code of Ordinances and
applicable sections of the Code of Miami-Dade County as made applicable to the City
pursuant to Article 8, Section 8.3 of the City Charter.
(B) "Code Enforcement Officer" means any authorized agent or employee of the City
whose duty it is to assure compliance with the Code. The term officer or inspector shall be
interchangeable and shall have identical meaning.
(C) "Continuing Violation" means a violation which remains uncorrected beyond the time
period for correction contained in either the civil violation notice or the final order of the
Special Master, whichever is applicable.
(D) "Manager" means the City Manager.
(E) "Notice of Violation" means a civil violation notice issued to a Violator in accordance
with the provisions of this Ordinance.
(F) "Repeat Violation" means a violation of a provision of the Code by a person whom
the Special Master has previously found to have violated the same provision of the Code. A
Repeat Violation can occur only after correction of the previous violation has been made.
(G) "Special Master" means a person appointed pursuant to Section 3 of this Ordinance.
(H) "Commission" means the City Commission.
(I) "City" means the City of Sunny Isles Beach.
(1) "Violator" means that person or entity responsible for a violation ofthe Code and, if
different, the owner of the property involved.
(K) "Uncorrectable Violation" means a violation which is irreparable or irreversible in
nature and 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.
Sec. 2. Civil Infractions and Penalties.
A violation of the Code shall constitute a civil offense punishable by civil penalty in the
amount prescribed in Sections 10 and 17 of this Ordinance.
Sec. 3.
Oualifications of Special Masters: Appointment and Removal: Compensation.
Appointments of Special Masters shall be made by the Manager, as needed, on the basis of
experience or interest in code enforcement. Appointments shall be made on the basis of
-2-
experience and, whenever possible, shall include persons with zoning and/or construction
experience. Such appointments shall be submitted to the Commission for ratification.
(A) Special Masters need not be residents of the City but shall possess outstanding
reputations for civic pride, interest, integrity, responsibility and business or professional
ability .
(B) Appointments shall be made for a term of one year. Special Masters may be
reappointed or removed, without cause, at the discretion of the Manager, subject to
ratification by the Commission. Appointments to fill any vacancy shall be for the remainder
of the unexpired term.
(C) Special Masters shall not be City employees and shall be compensated at a rate not
to exceed $250, which fee shall include case preparation, execution offinal orders, attendance
at all hearings including appeals, if necessary.
(D) If a Special Master is removed from a case, the case may be assigned to another
Special Master.
(E) If requested by the Special Master, the City Attorney shall serve as counsel to the
Special Master. If an appeal is taken, the City Attorney shall represent the City at such
proceeding, provided however, if the City Attorney has represented the Special Master at the
earlier proceeding, s/he may not represent the City in that instance. Special counsel shall be
appointed for that representation.
Sec. 4. Powers of the Special Master.
Special Masters shall have the power to:
(A) Apply the rules for the conduct of hearings adopted by the Commission.
(B) Subpoena Violators and witnesses for hearings; subpoenas shall be served by the City
Police Department or by the City Staff
(C) Subpoena evidence to hearings.
(D) Take testimony under oath.
(E) Assess and order the payment of civil penalties as provided herein.
(F) Issue orders having the force of law to command whatever steps are necessary to
bring a violation into compliance.
-3-
Sec. 5.
Authority to Initiate Enforcement Proceedings.
Code Enforcement Officers shall have the authority to initiate code enforcement proceedings
and to issue Notices of civil violations as provided below. Special Masters shall not have
such authority. A Code Enforcement Officer shall not by such designation have powers of
arrest or subject the officer to the requirements of Sections 943.085-943.255, F.S. (1995).
Sec. 6.
Enforcement Procedures.
(A) A Code Enforcement Officer is authorized to issue a Notice of Violation to a person
when, based upon personal investigation, the officer has reason to believe that the Violator
has committed a civil infraction in violation of a duly enacted Ordinance and shall specify a
reasonable time period, not to exceed thirty (30) days, within which the Violator must correct
the violation. This determination shall be based on consideration offaimess; practicality; ease
of correction, ability to correct; severity of violation; nature, extent, and probability of danger
or damage to the public; degree of nuisance to neighbors and neighborhood; and other
relevant factors relating to the reasonableness of the time period prescribed.
(B) If a Code Enforcement Officer has reason to believe that the violation represents a
serious threat to the public health, safety or welfare or if the violation is an Uncorrectable
Violation as defined above, the correction period shall not be applicable and the Notice of
Violation may issue immediately.
Sec. 7. Contents and Service of the Notice of Violation.
(A) A Notice of Violation shall include, but not be limited to, the following:
(1) Date and time of issuance.
(2) Name of Code Enforcement Officer and department issuing the Notice.
(3) Name and address ofthe Violator.
(4) The section of the Code that has been violated.
(5) Brief description of the nature of the violation, including location, date and
time of violation.
(6) Amount of the civil penalty for which the Violator may be liable.
(7) Instructions and date for paying the civil penalty or for filing a request for an
administrative hearing before a Special Master to appeal the civil penalty.
-4-
(8) Time within which the violation must be corrected.
(9) A statement that each day of continued violation after the time period for
correction has run shall be deemed a Continuing Violation subject to an
additional penalty in the same amount without the need for additional Notice
of Violations.
(10) A statement that the filing of a request for an administrative hearing will toll
the accrual of Continuing Violation penalties.
( 11) A conspicuous statement that failure to request an administrative hearing
within seven (7) days after service of the Notice of Violation shall constitute
a waiver ofthe Violator's right to an administrative hearing before the Special
Master, and that such waiver shall constitute an admission of the violation,
and that in such case, judgment may be entered against the Violator for the
amount of the civil penalty.
(12) A statement that the Violator may be liable for the reasonable administrative
hearing costs should they be found guilty.
(B) Service of the Notice of Violation to the Violator shall be effected by hand delivery
to the Violator; by leaving the Notice of Violation 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 Notice of Violation; 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 Notice of Violation
in a conspicuous place on the premises or real property upon which the violation was
observed. Any method of service of the Notice of Violation described above, shall be
deemed proper service, and the time for compliance stated in the Notice of Violation shall
commence with the date of such posting.
Sec. 8. Civil Penalties and Related Terms Construed.
(A) Penalties for violations of the provisions to be enforced through this Ordinance shall
be in the amounts prescribed in the schedule of civil penalties contained in Section 15 ofthis
Ordinance. Provided however, that the maximum civil penalty shall be $250 for a single
violation. 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.
(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) For the first Repeat Violation, the amount of the civil penalty shall be do~ble the
-5-
amount of the penalty prescribed for the original violation by Section 17 of this Ordinance.
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 $500.00.
(D) 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.
(E) Continuing Violation penalties shall accrue from the date of correction given in the
Notice of Violation until the correction is made 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 in Section
7(A) of this Ordinance. If correction is not made within the period set by the Special Master,
Continuing Violation penalties shall begin to accrue against after the time for correction has
run.
(F) Civil penalties assessed pursuant to this Chapter are due and payable to the City on
the last day of the period allowed for the filing of an appeal from the Special Master's
decision, or, if a proper appeal is made, when the appeal has been finally decided adversely
to the named Violator.
Section 9.
Rights of Violators: Payment of Fine: Right to Appeal: Failure to Pay and
Correct or to Appeal.
(A) A Violator who has been served with a Notice of Violation shall elect to:
(1) Correct the violation within the time specified on the Notice of Violation to
avoid the civil penalty; or
(2) Pay the civil penalty in the manner and within the time indicated on the
Notice of Violation and correct the violation within the time specified on the Notice
of Violation; or
(3) Request an administrative hearing before a Special Master to appeal the
decision of the Code Enforcement Officer which resulted in the issuance of the
Notice of Violation.
(B) An appeal of the Notice of Violation shall be accomplished by filing a request in
writing to the address indicated on the Notice of Violation, not later than seven (7) calendar
days after the service of the Notice of Violation.
-6-
(C) If the named Violator, after notice, fails to pay the civil penalty and correct the
violation within the time specified, or to timely request an administrative hearing before a
Special Master, the Manager shall be informed of such failure by affidavit from the Code
Enforcement Officer. Failure of the named Violator to appeal the decision of the Code
Enforcement Officer within the prescribed time period shall constitute a waiver of the
Violator's right to administrative hearing before the Special Master. A waiver of the right
to administrative hearing shall be treated as an admission of the violation, and penalties may
be assessed accordingly.
Sec. 10.
Scheduling: and Conduct of Hearing:.
(A) Upon receipt of a named Violator's timely request for an administrative hearing or
a written hearing request from the Code Enforcement Officer as provided for in Section 7,
the City Manager, in consultation with the Special Master, shall set the matter down for
hearing on the next regularly scheduled hearing date or as soon thereafter as practicable.
(B) The Manager 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 ofthe Code Enforcement Officer who issued the Notice of Violation.
(2) Factual description of the alleged violation.
(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 an attorney.
(7) Right of Violator to present evidence, witnesses and cross-examme
witnesses.
(8) Notice that failure of Violator to attend the hearing may result in civil penalty
and administrative hearing costs being assessed.
(9) Notice that requests for continuances will not be considered if not received
by the Special Master at least ten (10) calendar days prior to the date set for
the hearing.
(C) If there are cases to be heard, the Special Master shall call hearings on a monthly
-7-
basis or upon the request of the City Manager. Except for such circumstances as described
in Section 7(D) above, no hearing shall be set sooner than ten (10) calendar days from the
date of service not including Saturdays, Sundays and holidays.
(D) A hearing date shall not be postponed or continued unless a request for continuance,
showing good cause for such continuance, is received in writing by the Special Master at
least five (5) calendar days prior to the date set for the hearing.
(E) All hearings of the Special Master shall be open to the public. All testimony shall
be under oath. Assuming proper notice, a hearing may proceed in the absence of the named
Violator.
(F) The proceedings at the hearing shall be recorded and may be transcribed at the
expense of the party requesting the transcript.
(G) The City Clerk shall provide clerical services and the City Manager shall provide
administrative personnel as may be reasonably required by each Special Master for the proper
performance of their duties.
(H) Each case before a Special Master shall be presented by the Manager or his or her
designee. The Manager shall have the authority to retain legal counsel pursuant to parameters
that may be adopted by the Commission.
(I) The hearing need not be conducted in accordance with the formal rules relating to
evidence and witnesses, but fundamental due process shall be observed and shall govern the
proceedings. Any relevant evidence shall be admitted if the Special Master finds it
competent 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 relevant to the issues even though that
matter was not covered in the direct examination; to impeach any witnesses regardless of
which party first called that witness to testify; and to offer rebuttal of the evidence.
(K) The Special Master shall make findings of fact and conclusions of law based on
evidence of record. In order to make a finding upholding the Code Enforcement Officer's
decision, the Special Master must find that a preponderance of the evidence indicates that
the named Violator was responsible for the violation of the relevant section of the Code.
(L) The time for correction given by the Code Enforcement Officer to the named Violator
and contained in the Notice of Violation is rebuttably presumed to have been a reasonable
time for correction. Upon presentation of relevant evidence by the named Violator that the
time for correction was not reasonable, however, the Special Master may make a
-8-
redetermination as to the time period being insufficient. If the Special Master determines
that the time given for correction was insufficient, the penalty for a Continuing Violation
shall be calculated from the date determined by the Special Master to be a reasonable date
for correction.
(M) If the named Violator is found guilty of the violation, slhe may be held liable for the
reasonable cost of the administrative hearing, at the discretion of the Special Master.
(N) The fact-finding determination of the Special Master shall be limited to whether the
violation alleged did occur, and, if so, whether the person named in the Notice of Violation
may be held responsible for that violation. Based upon this fact-finding determination, the
Special Master shall either affirm or reverse the decision of the Code Enforcement Officer
as to the time for correction contained in the Notice of Violation, subject to the provisions
of Subsection (L) hereinabove of this Ordinance. If the Special Master reverses the decision
of the Code Enforcement Officer and finds the named Violator not responsible for the Code
violation alleged in the Notice of Violation, the named Violator shall not be liable for the
payment of any civil penalty, absent reversal of the Special Master's findings pursuant to
Section 14 of this Ordinance.
(0) The decision the Special Master affirming the decision of the Code Enforcement
Officer, shall include the following elements:
(1)
Amount of civil penalty.
(2)
Administrative costs of hearing.
(3)
Date by which the violation must be corrected to prevent resumption of
Continuing Violation penalties, if any.
Sec. 11.
Recovery of Unpaid Civil Penalties: Unpaid Penalty to Constitute a Lien;
Foreclosure.
(A) The City 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 shall be recorded in the public
records and thereafter shall constitute a lien against the property on which the violation exists
and upon any other real or personal property owned by the Violator; upon petition to the
circuit court, such order may be enforced in the same manner as a court judgment by the
sheriffs of this State, including levy against the personal property, but such order shall not
be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed
pursuant to this Ordinance shall continue to accrue until the Violator complies or until
-9-
judgment is rendered in a suit to foreclose a lien filed pursuant to this Chapter, whichever
occurs first. After three (3) months from the date of filings of any such lien which remains
unpaid, the City may foreclose or otherwise execute the lien.
(C) No lien provided under this Ordinance shall continue for a period longer than twenty
(20) years after the certified copy of an order imposing a fine has been recorded, unless
within that time an action to foreclose on a lien is commenced in a court of competent
jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest and
all costs, including a reasonable attorney's fee, incurred in the foreclosure. The continuation
of the lien effected by the commencement of the action shall not be good against creditors
or subsequent purchasers for valuable consideration without notice, unless a notice of lis
pendens is recorded.
Sec. 12.
Appeals of Order.
(A) An aggrieved party, including the City, may appeal a final order of a Special Master
to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to
appellate review of the record created before the Special Master. An appeal shall be filed
within thirty (30) calendar days of the issuance of the order sought to be overturned. Failure
to make such appeal within the prescribed thirty (30)-day period shall render the findings of
the Special Master conclusive, binding and final.
(B) Unless the findings of the Special Master are overturned in a proceeding held
pursuant to Section 14(A) of this Ordinance, findings of the Special Master shall be
admissible in any proceeding to collect unpaid penalties.
(C) No aggrieved party other than the City may apply to the court for relief unless such
party has first exhausted the remedies provided for in this Ordinance and has taken all
available steps provided in this Ordinance. It is the intention of the City that all steps
provided by this Ordinance shall be taken before any application is made to the court for
relief; and no application shall be made by any aggrieved party other than the City to a court
for relief except from an order issued by a Special Master pursuant to this Chapter. It is the
intention of the City that, notwithstanding anything to this Ordinance to the contrary, the City
shall retain all rights and remedies otherwise available to it to secure compliance with or
prevent violations of the Code. For purposes of an appeal, the Clerk shall make available,
for public inspection and copying, the record upon which each final order of a Special Master
is based. The Clerk shall make a reasonable charge commensurate with the cost for the
preparation of the official record on appeal and transmittal thereof to the circuit court for
making certified copies of any record or portion thereof.
Sec. 13.
Provisions Contained Herein are Supplemental.
-10-
Nothing contained in this Ordinance shall prohibit the City from enforcing its Code by any
other means. The enforcement procedures outlined herein are cumulative to all others and
shall not be deemed to be prerequisites to filing suit for the enforcement of any section of
this Code.
Sec. 14.
Additional Enforcement Powers.
In addition to the powers and authority given to the Special Masters for the City pursuant to
this Ordinance, the City may, in its discretion, exercise any powers given to municipalities
or their special masters by Florida Statute, Chapter 162, as amended.
Sec. 15.
Schedule of Civil Penalties.
(A) The schedule of civil penalties, as may be amended from time to time, shall be the
same as set forth in Section 8CC-to of the Code of Miami-Dade County and is attached for
convenient reference.
(B) For violations of any section of this Code for which a specific penalty is not
prescribed in Section 17 a penalty shall be imposed which shall not be less than $25.00 nor
more than $250.00 per day for a first violation and shall not be less than $50.00 nor more
than $500.00 per day for a repeat violation. For the purposes of continuing violations, each
day shall constitute a separate violation.
Sec. 16.
Repeal of Conflict Provisions.
Except for Section 8CC-l 0 (Schedule of Civil Penalties) which shall remain in full force and
effect, the remainder of Chapter 8CC of the Miami-Dade County Code as made applicable
to the City by Article 8, Section 8.3 of the City Charter is hereby repealed.
Sec. 17.
Severability.
The provisions of this Ordinance are declared to be severable and if any section, sentence,
clause or phrase of this Ordinance shall for any reason be held up to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Sec. 18.
Inclusion in the Code.
It is the intention of the Commission, and it is hereby ordained that the provisions of this
Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the
sections of this Ordinance may be renumbered or relettered to accomplish such intentions,
and that the word "Ordinance" shall be changed to "Section" or other appropriate word.
Sec. 19. Effective Date.
This Ordinance shall be effective ten days after adoption on second reading.
-11-
PASSED AND ADOPTED ON FIRST READING this 12t~ay of ~ ~,. 1998.
~ -
PASSED AND ADOPTED ON SECOND READING this ~ day of r~-, 1998.
~
ATTEST:
qcJ,-~ ~~~~
Richard E. Brown, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
~~--k~.-
Lynn M. Dannheisser, City Attorney
Moved by: ~wo.~~'~ tA~tmJ
Seconded by: Co~ S~\~ ~
VOTE AS FOLLOWS:
by the City Commission.
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
(&es
~es
(~es
uYes
(~yes
Ono
Ono
Ono
Ono
Ono
,]I. "
"
:t'~
,
-12-
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
~ 8CC-8
DADE COUNTY CODE
(
\
the County Code by filing a notice of appeal in the
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
overturn the order of a hearing officer by making
application to Dade County Court for a trial de
novo on the merits. Such application shall be filed
within 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 thirty-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 of the hearing officer
are overturned in a proceeding held pursuant to
Section 8CC-8(a), all findings of the hearing of-
ficer 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 herein
are cumulative to all others and shall not be
deemed to be prerequisites to filing suit for the
enforcement of any section of this Code.
(Ord. No. 85-33, ~ 1(9), 5-21-85)
(
Sec. 8CC-tO. 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 listed 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
Civil
Penalty
$ 500.00
200.00
200.00
200.00
200.00 (
Description of Violation
Disclosing false information
Illegal object(s) in the right-of-way not conforming with
Public Works Manual
Construction in right-of-way without permit
Construction in right-of-way nonconforming with public
works manual
Illegal paving or drainage construction on private property
2-8.1
2-100(d)
2-103.1
2-103.1
2-103.1
Supp. No. 18
1272
Code
Section
2-103.15
2-103.16
Violation
of Article XVII
Section
2-1l9(a) and (b)
2-970
2-973
CODE ENFORCEMENT
~ SCC-I0
Description of Violation
Civil
Penalty
Illegal signs in right-of-way
Placing an article in the public right-of-way without a
permit, or failing to remove a newsrack after a permit has
been denied
200.00
100.00
Advertising naming its business or otherwise holding itself
out in such a way as to represent itself as an agent for the
County or State regarding the functions of a branch auto
tag agency without prior written approval from the County
Manager
Resisting or obstructing enforcement
Violation of the terms of a consent agreement
500.00
500.00
500.00
200.00
500.00
4-3(a)
All other Chapter 2 violations
4-3(a)
4-7(a)
4-7(a)
4-8(a)(2)
4-8(a)(3)
4-8(a)(4)
4-8(aX5)
4-8(a)(6)
4-8(a)(7)
4-8(a)(8)
4-8(a)(8)
Supp. No. IS
Providing ambulance service without a certificate of public
convenience and necessity
Advertising ambulance service without a certificate of pub-
lic convenience and necessity
Charging an unlawful rate
Failure to post rates
Failure to maintain twenty-four (24) hour public telephone
access
500.00
500.00
50.00
500.00
Failure to provide the county manager with a current list of
telephone numbers and addresses of responsible manage-
ment personnel
Failure to provide service twenty-four (24) hours each and
every day
Failure to promptly answer every telephone call for service
Failure to load and transport patients with a medical
emergency regardless of ability to pay
Failure to provide each transport unit with direct two-way
communications with a central dispatcher at all times
Failure to tape record all radio and telephonic service
related conversations requesting ambulance service re-
ceived through the communications center
Failure to maintain radio and telephonic tapes for at least
sixty (60) days
500.00
500.00
500.00
500.00
500.00
500.00
500.00
1273
~ 8CC-I0 DADE COUNTY CODE
(
Code Civil
Section Description of Violation Penalty
4-8(a)(9) Failure to inform complainants of their right to redress 500.00
unresolved grievances by providing the name, mailing ad-
dress 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
animal
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
(
Supp. No. 18 1274
CODE ENFORCEMENT
~ 8CC-I0
Code Civil
Section Description of Violation Penalty
5-6.2(b) Failure to confine dog during dangerous dog investigation 100.00
or hearings; failure to provide address where the animal
resides; relocating the dog during the investigation or
hearings; or transfer of ownership during the investigation
or hearing
5-6.2(d)(17) Failure to confine 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
5-6.2(m) Dangerous dog attacks/bites person or other animal 500.00
5-6.2(n)(1) Dog not classified as dangerous attacks/severely injures or 500.00
causes death to person
5-6.2(n)(2) Dog not classified as dangerous attacks/severely injures or 500.00
causes death to animal
5-6.2(0) Dangerous dog attacks/severely injures or causes death to 500.00
person
5-7 Failure to vaccinate dog against rabies 50.00
5-8 Failure to obtain required license tag for spayed/neutered 50.00
dog
Failure to obtain required license tag for an intact dog 150.00
5-8.2 Failure of veterinarians to report vaccination, have license 250.00
tags available for sale, and have County licensing literature
available
5-8.3 Failure to sell license and puppy tags upon transfer of 250.00
ownership of dogs and puppies, to have County licensing
literature available, and to report vaccination or sale of tags
5-11.1 Failure to follow euthanasia requirements 200.00
5-15.1 Hindering or resisting Animal Control Officer or interfering 500.00
with animal trap
5-17.2 Failure to confine pit bull dog 500.00
Supp. No. 18
1275
f 8CC-I0 DADE COUNTY CODE
(
Code Civil
Section Description of Violation Penalty
5-17.3 Failure of the owner of pit bull dog to maintain insurance or 500.00
other evidence of fInancial responsibility
5-17.4 Failure to register pit bull dog 500.00
5-17.6 Acquisition or keeping of pit bull dogs 500.00
5-18 Violations of dogfighting prohibitions 500.00
5-20 Failure to vaccinate cat against rabies 50.00
8-1 South Florida Building Code violations: 500.00
~ 105.1(a): Failure to maintain a building or structure in a
safe condition; failure to maintain devices or safeguards in
good working order
~ 105.2: Failure to remove debris, equipment, materials or 200.00
sheds
~~ 105.3, 305.3, 3326: Failure to secure buildings and 500.00
equipment
~~ 201.1(e), 201.3(e): Failure to comply with lawful stop 500.00
work order
~ 301: Failure of homeowner to get permit 200.00 (
~. 301: Failure of contractor to get permit 500.00
~ 304.1: Failure to display permit card 100.00
~ 305.2: Failure to obtain mandatory inspection 200.00
~ 307.5: Unlawfully connecting utility service 500.00
~ 515: Failure to provide required handicapped accessibility 500.00
All other South Florida Building Code violations 200.00
8A-1.1(b) Failure to provide County approved visitor information map 250.00
8A-1.1(e) Failure to obtain signed or initialed acknowledgment 250.00
8A-1.1(e) Failure to maintain records 250.00
8A-1.1(e) Failure to provide records upon the Director's request 250.00
8A-1.1(t) Improper alteration or modifIcation of an approved visitor 250.00
information map
8A-2 Renting car with car rental markings 100.00
8A-4(a) Failure to display or maintain proper motor vehicle fuel 200.00
price sign
8A-4(b) Failure to display or maintain motor vehicle fuel price sign 200.00
conforming to listed requirements
(
Supp. No. 18 1276
Code
Section
8A-4(c)
8A-5
8A-6(a), (b) and (c)
8A-75
8A-82.1
8A-85
8A-86
8A-90
8A-93
8A-94
8A-95
8A-96
8A-97
8A-98
8A-98.1
8A-98.2
8A-99
8A-100
8A-101
8A-102
8A-103
8A-104
8A-105
Supp. No. 18
CODE ENFORCEMENT
~ 8CC-lO
Description of Violation
Civil
Penalty
Failure to display proper supplemental motor vehicle fuel
price sign
Price gouging during declared state of emergency
Disclosure requirements for retail shutter sales
Violation of fair packaging act
Violation of any term or condition of a written assurance of
compliance
Selling, keeping, offering or exposing for sale, or disposing
of any commodity ordered off sale, marked, or tagged as
provided
Violation of the terms of a stop-use, stop-removal, or re-
moval order
200.00
500.00
500.00
100.00
500.00
500.00
500.00
Failure to correct or dispose of rejected weights and mea-
sures
500.00
Selling commodities by improper unit of measure
Improper packaging of commodities
Failure to include unit price on package
Misleading packaging
Improper advertising of packaged commodities
Nonconformance with packaging and labeling regulations
promulgated by the Director
Failure to properly label perishable food packages with
proper terminal shelf life date
Improper packaging of specified meats, poultry, fish or
seafood
Failure to use "net weight" when selling a commodity by
weight
Failure to sell specified meats, meat products, poultry or
seafood by weight
Improper sale of bread
Improper sale of butter or margarine
Improper sale of fluid dairy products
Improper packaging of flours, corn meal or hominy grits
Failure to provide duplicate delivery ticket when delivering
bulk deliveries of commodities sold in terms of weight
100.00
100.00
100.00
200.00
100.00
100.00
200.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
1277
~ BCC-I0 DADE COUNTY CODE (
Code Civil
Section Description of Violation Penalty
8A-lOG Improper sale or delivery of furnace or stove oil 100.00
8A-l07 Improper sale of berries or small fruits 100.00
8A-l08(a) Making or disseminating untrue or misleading advertise- 500.00
ments
8A-l08(b) Misleading or deceiving public through use of variations in 500.00
size of marking in advertisements, price tags, etc.
8A-l08(c) Failure to properly define "wholesale" in advertisements 500.00
8A-l08(d) Improper advertising as provided 500.00
8A-l09 Improper advertisement of meats 200.00
8A-llO(a) Failure to properly advertise the complete purchase price 500.00
8A-llO(b) Untrue or misleading representation of character 500.00
8A-llO(c) Illegal use of words "Public Notice," "Public Sale," etc. 200.00
8A-llO(d) Failure to properly display contingency, condition or limita- 500.00
tion on an offer
8A-lll Misrepresentation of price 200.00 (
8A-1l1.l Obstruction of price screen 500.00
8A-1l2 Failure to provide for or allow proper checkweighing of 100.00
prepackaged commodities
8A-1l3 Engaging in deceptive trade practices 500.00
8A-1l5(a) Possession or use of incorrect weight or measure 200.00
8A-1l5(b) Possession or use of unmarked or unsealed weight or 200.00
measure
8A-1l5(c) Improper disposal of rejected weight or measure 200.00
8A-1l5(d) Improper removal of mark or seal from weight or measure 200.00
8A-1l5(e) Misrepresentation of quantity 200.00
8A-1l5(t) Misrepresentation of quantity by buyer 200.00
8A-1l5(g) Illegal sale or advertisement of commodities or services 200.00
8A-1l5(h) Improper placement of weight or measure 200.00
8A-1l5(i) Selling perishable food without a proper terminal shelf life 200.00
date on the label
8A-1l5(j) Improper packaging of meat 100.00
8A-1l7 Hindering or obstructing Director or inspector 500.00
8A-U8 Impersonation of Director or inspector 500.00 (
\
Supp. No. 18 1278
CODE ENFORCEMENT
~ BCC-lO
Code
Section
Description of Violation
Civil
Penalty
8A-l!9
8A-124.l(a)
Violation of adopted misdemeanor statutes
Display or advertisement of go-carts or mini bikes without
required words as prescribed
Failure by seller to obtain proper signed statement from a
purchaser of a go-cart or mini bike
Price discrimination because of gender
All other Chapter 8A Article III, Division 6 violations
Failure to display schedule of charges for check-cashing
services
500.00
500.00
8A-124.l(b)
100.00
8A-124.8
500.00
200.00
200.00
8A-147
All violations of Chapter 8A, Article VII
8A-155 Making false charges for motor boat repairs or parts,
providing misinformation, or fraudulently substituting parts
500.00
500.00
8A-156
Failure to provide or improperly providing written estimate
of motor boat repairs
Failure to notify customer of repair charges exceeding
written estimate
Failure to properly release repaired motor boat
Failure to properly post required notice
Failure to prepare or present proper invoice for motor boat
repair work
Failure to obtain registration
Failure to notify of changes
Failure to maintain records or permit inspection
Unfair and deceptive practices
Violation of Section 8A-161.l0
Violation of Section 8A-161.l!
500.00
8A-157
500.00
8A-158
8A-160
8A-160.l
500.00
200.00
200.00
8A-16l.4
8A-16L5(e)
8A-16l.7
8A-161.9
8A-161.10
8A-16Ll!
8A-161.13
8A-161.14
8A-16L15
8A-16L24
8A-161.26
8A-161.28
Violation of assurance of compliance
Failure to post notice to customers
Failure to provide written analysis
Specialty and master mechanics required
Certification required; contents of application
Mechanic apprentice permit and paintlbody apprentice per-
mit required
500.00
200.00
200.00
500.00
500.00
500.00
500.00
200.00
200.00
500.00
500.00
500.00
Supp. No. 20
1278.1
~ 8CC-IO DADE COUNTY CODE
(
Code Civil
Section Description of Violation Penalty
8A-161.31 Mechanic and technician certification required 500.00
8A-161.33 Failure to display certificates 200.00
8A-161.34 Failure to maintain items required for motor vehicle body 500.00
repair facilities and motor vehicle paint facilities
8A-161.34.1 Failure to maintain items required for motor vehicle me- 500.00
chanical repair facilities
8A-161.37 Failure to state registration number in advertisements 200.00
All other Chapter 8A, Article VIlA violations 500.00
8A-171, 8A-224 Failure to obtain a Dade County occupational license 100.00
8A-175, 8A-227 Failure to notify Tax Collector of takeover or purchase of 50.00
existing business
All other Chapter 8A, Articles IX and X violations 100.00
8A-253(a) Failure to label or improperly labeling or advertising meat 200.00
for sale at retail
8A-253(b) Improper labeling of meats 200.00 (
8A-256 Use of false or misleading terms for identifying meats 200.00
8A-258 Improper advertising when additional meat name used 200.00
8A-2059 Insufficient supply of advertised meats 500.00
8A-260 Failure to label or advertise, or improperly labeling or 500.00
advertising previously frozen meats
8A-262 Sale or offer for sale, serve, expose for sale, or have in 500.00
possession with intent to sell meat, poultry, food or food
product falsely represented to be Kosher, Kosher for Pass-
over, or under Rabbinical Supervision
8A-263 False representation as Kosher by failure to comply with 500.00
display and handling requirements
8A-264 Failure to comply with identification requirements 200.00
8A-265 Failure to comply with filing requirements 250.00
8A-268 Failure to comply with records requirements 500.00
8A-269 Failure to comply with inspection requirements 500.00
8A-272 Failure to provide copy of investigative consumer report 100.00
8A-273 Excessive charge for copy of investigative consumer report 100.00
8A-274.1 Failure to notify of deleted or disputed information on an 200.00
investigative consumer report l
Supp. No. 20 1278.2
CODE ENFORCEMENT
~ 8CC-IO
Code
Section
Description of Violation
Civil
Penalty
8A-274.2
8A-274.3(a)
Failure to supervise inexperienced field representatives
Failure to conduct background investigations
200.00
200.00
Supp. No. 20
1279
CODE ENFORCEMENT
~ 8CC-I0
Code
Section
Description of Violation
Civil
Penalty
8A-274.3(b)
Failure to conduct written examination of field representa-
tives
Failure to furnish identification card; failure to possess
same
200.00
8A-274.3(c)
100.00
Failure to notify of employment or termination
Engaging in the business of a mover without having first
obtained a registration certificate
8A-327(c) Failure to notify of changes
8A-327(e) Failure to display registration certificates
8A-337 Failure to maintain records or permit inspection
All other Chapter 8A Article XVI violations
8A-360(a) Engaging in the business of a locksmith without having
first obtained a business registration
Failure to notify of changes
Failure to display registration certificate
Engaging in locksmith work without first having obtained
locksmith certification
8A-274.3(d)
8A-327(a)
200.00
2,500.00
500.00
200.00
1,000.00
500.00
1,000.00
8A-361(f)
8A-362(b)
8A-364(a)
200.00
200.00
1,000.00
Failure to display locksmith certification card
Engaging in locksmith work without first having obtained a
locksmith apprentice permit
8A-369 Engaged in a prohibited practice
All other Chapter 8A Article XVII violations
8A-382(a) Failure to register to conduct remetering activities
8A-384(a) Failure to maintain records and reports
8A-384(b) Failure to permit inspection of records and reports
8A-385(a)(3) Failure to provide accurate billing and/or appropriate bill
format
8A-366(c)
8A-368
200.00
200.00
500.00
200.00
2,500.00
500.00
500.00
1,000.00
8A-385(a)(5)
Failure to complete investigations of disputed bills within
thirty (30) days
Failure to use the appropriate type submeter
Failure to provide proper submeter tests and inspections
Failure to test submeters upon Resident request and/or
failure to use the appropriate testing facility
Failure to provide test results in a timely manner
250.00
8A-386(a)(1)
8A-386(b)(1)
8A-386(b)(2)
2,500.00
2,500.00
500.00
8A-386(b)(3)
500.00
Supp. No. 19
1280.1
~ BCC-10 DADE COUNTY CODE
(
Code Civil
Section Description of Violation Penalty
8A-386(b)(5) Failure to provide certificate of accuracy for the submeter 500.00
8A-386(c) Failure to use certified testing facilities and equipment 500.00
All other Chapter 8A, Article XVIII violations 500.00
8AA-3 Operating a cable system without a Dade County license 500.00
8AA-12 Installing facilities or providing services outside priority 500.00
service area
8AA-14 Failure to obtain approval to transfer a license 500.00
8AA-21, 8AA-22 Failure to maintain insurance 500.00
8AA-23, 8AA-24 Failure to maintain bond or letter of credit 500.00
8AA-27 Failure to comply with construction and limitations 500.00
8AA-31 Failure to submit construction plan 100.00
8AA-35(g) Failure to bury drop cable 50.00
8AA-36(c) Failure to properly identify vehicles and field personnel 50.00
8AA-36(d) Failure to maintain membership in U.N.C.L.E. 100.00 (
8AA-39 Improper grounding 200.00
8AA-41 Failure to provide equipment for hearing impaired 50.00
8AA-42 Failure to provide standby power 50.00
8AA-45 Failure to provide AIB switch 50.00
8AA-47 Failure to provide emergency override facilities 100.00
8AA-48 Failure to service public building 100.00
8AA-50(b), Failure to provide required educational and government 500.00
8AA-50(c) access channels
8AA-50(f) Failure to contribute capital costs 200.00
8AA-52 , Failure to comply with record and reporting requirements 100.00
8AA-53,
8AA-54
8AA-57(a) Failure to maintain office 100.00
8AA-57(b) Failure to maintain telephone system 100.00
8AA-57(f) Failure to maintain office hours 100.00
8AA-58(c) Failure to extend service to development 100.00
8C-3.1(4) Failure of burglar alarm installation company or user to 50.00
initially file alarm information \
Supp. No. 19 1280.2
CODE ENFORCEMENT
~ BCC-I0
Code Civil
Section Description of Violation Penalty
8C-3.1(4) Second and subsequent failures by the alarm user to file 100.00
updated alarm information
8C-3.1(5) Use of burglar alarm without required equipment 50.00
8C-3.l(6) Fourth false burglar alarm in one calendar year 50.00
8C-3.l(6) Fifth false burglar alarm in one calendar year 100.00
8C-3.l(6) Sixth and each additional false burglar alarm in one calen- 200.00
dar year
8C-3.1(6) Fai.lure of an alarm monitoring company to notify the 100.00
Metro-Dade Police Department within ten minutes of notice
that an alarm was false
10-2X Failure to provide journeyman 500.00
10-3(a) No certificate of competency as a master, contractor, sub- 500.00
contractor, or qualifying agent
10-3(a) No certificate of competency as a journeyman, maintenance 200.00
person, installer or other similar tradesman
Supp. No. 19
1281
CODE ENFORCEMENT
~ 8CC-I0
Code Civil
Section Description of Violation Penalty
10-4(a) Advertising as a contractor without certificate of compe- 500.00
tency
1 0-4(b ) Failure to properly identify trucks 100.00
10-4(c) Failure to include certificate of competency number in 100.00
advertisements
10-4.1 Publishing contractor advertisement without including con- 500.00
tractor certification number
10-G(E) Failure of qualifying agent to supervise, direct and control 500.00
work
10-19 Failure to maintain required insurance 200.00
10-22(a) Contracting for work outside the scope of the certificate of 500.00
competency
10-22(b) Abandonment of job 500.00
10-22(c) Diversion of funds or property 500.00
10-22(d) Departure from or disregard of plans or specifications 500.00
10-22(e) Violating laws pertaining to contractor's business 200.00
10-22(f) Misrepresenting a material fact in an application to obtain 500.00
a certificate
10-22(g) Failing to fulfill contractual obligations . 500.00
10-22(h)(1) Aiding and abetting a person not holding a certificate 500.00
10-22(h)(2) Allowing a certificate to be used by an unauthorized person 500.00
10-22(h)(3) Failure of permit holder to supervise, direct and control a 500.00
job
10-22(h)(4) Subcontracting work to person not holding a certificate 500.00
10-22(j) Failure to supervise, direct and control all work 500.00
10-22(k) Failure to maintain insurance or workers compensation 500.00
coverage
10-22(1) Failure to maintain business or financial records 500.00
10-22.1(a) Working outside the scope of the certificate or acting as a 500.00
contractor
10-22.1(b) Departure from or disregard of plans or specifications 500.00
without consent of the qualifying agent
10-22.1(c) Misrepresenting a material fact in an application to obtain 500.00
a certificate
Supp. No. 18
1282.1
~ 8CC-I0 DADE COUNTY CODE
(
Code Civil
Section Description of Violation Penalty
10-22.1(d)(1) Aiding or abetting any person not holding a certificate of 500.00
competency
10-22.1(d)(2) Allowing a certificate to be used by an unauthorized person 500.00
10-22.1(e) Committing a fraudulent act 500.00
10-33 Failure to provide construction lien disclosure 500.00
All other Chapter 10 violations 200.00
14-1 Setting fire without permit 200.00
14-4 Creating or maintaining fire hazard 200.00
14-10(4) Failure of fire alarm user to post on premises names of 250.00
individuals able to de-activate alarm
14-10(5) Third false fire alarm in one calendar year 500.00
14-10(5) Fourth and each additional false fire alarm in one calendar 1000.00
year
14-10(6) Failure to file certificate of inspection 250.00
14-44 Violation of uniform fire safety standards 200.00 (
14-53 Failure to obtain required permit or violation of condition of 200.00
permit
14-56 Violation of South Florida Fire Prevention Code 200.00
14-56 Violation of standards set forth in Section 14-58 200.00
14-62 Refusing to allow inspection 200.00
All other Chapter 14 violations 200.00
15-2 Utilizing the waste collection services of an unauthorized 600.00
waste collection agency by a commercial establishment
15-2 Having waste container at curbside, right-of-way, or street 100.00
edge before or after specified hours of normal collection day
15-2.1 Unauthorized removal of recyclable materials or recycling 250.00
containers with the use of a motorized vehicle
15-2.2 Unauthorized removal of recyclable materials or recycling 50.00
containers without the use of a motorized vehicle
15-2.2 Failure by multifamily residential establishment having up 300.00
to 25 units to provide a recycling program in compliance
with the requirements of Section 15-2.2
\ ,
Supp. No. 18 1282.2
CODE ENFORCEMENT
~ 8CC-I0
Code Civil
Section Description of Violation Penalty
15-2.2 Failure by multifamily residential establishment having 650.00
between 26 units and 101 units to provide a recycling
program in compliance with the requirements of Section
15-2.2
15-2.2 Failure by multifamily residential establishment having 950.00
101 or more units to provide a recycling program in compli-
ance with the requirements of Section 15-2.2
15-2.3 Failure by commercial establishment having up to and 300.00
including 3,000 square feet to provide a recycling program
in compliance with the requirements of Section 15-2.3
15-2.3 Failure by commercial establishment having more than 650.00
3,000 and less than 10,000 square feet to provide a recycling
program in compliance with the requirements of Section
15-2.3
15-2.3 Failure by commercial establishment having more than 950.00
10,000 square feet to provide a recycling program in com-
pliance with the requirements of Section 15-2.3
15-5 Unauthorized bulky or industrial waste on right-of-way 200.00
15-5 Uncontainerized refuse, rubbish, or solid waste 200.00
15-5.2 Failure, by any person utilizing a neighborhood trash and 50.00
recycling center, to place clean yard trash in areas desig-
nated for clean yard trash
15-6(b)(10) Delivery by a permitted landscaping business of any mate- 200.00
rials other than clean yard trash at a neighborhood trash
and recycling center
15-6(b)(1), (3) General littering in an amount not exceeding 100 pounds in 250.00
weight or 50 cubic feet in volume
15-6(b)(1), (3) Illegal dumping in an amount not exceeding 100 pounds in 400.00
weight or 50 cubic feet in volume
15-6(b)(1), (3) Illegal dumping in an amount exceeding 500 pounds in 1,000.00
weight or 100 cubic feet in volume, or from a commercial
vehicle, or for commercial purposes
15-6(b)(2) Illegal dumping in any amount in any body of water 1,000.00
15-6(b)(4) Accumulation of litter in any amount at a construction site 250.00
15-6(b)(5) Dumping a dead animal at any location noted in 15-6(b)(1), 250.00
(2), or (3)
15-6(b)(6) Delivery, by any person, of garbage at a Neighborhood 250.00
Trash and Recycling Center
Supp. No. 18
1282.3
~ 8CC-tO
DADE COUNTY CODE
(
Code
Section
Description of Violation
Civil
Penalty
15-6(b)(7)
Unauthorized delivery of solid waste at any Neighborhood
Trash and Recycling Center
Obstructing the use of Neighborhood Trash and Recycling
Center
Vandalism at a Neighborhood Trash and Recycling Center
Delivery by a permitted landscaping business of any mate-
rials other than clean yard trash at a Neighborhood Trash
and Recycling Center
Collecting or transporting waste for profit without permit
Engaging in waste tire transporter without a permit
Engaging in the generation of waste tires without a permit
Failure to register vehicle
500.00
15-6(b)(8)
500.00
15-6(b)(9)
15-6(b)(10)
500.00
250.00
Lack of proper bathtub or shower facilities
500.00
500.00
500.00
500.00
500.00
250.00
2,000.00 (
100.00
500.00
100.00
100.00
25.00
100.00
50.00
200.00
15-17
15-17(2)
15-17(3)
15-74.4
15-17.9 Failure to provide information required by Section 15-17.9
15-17.18 Utilizing the waste tire collection services of anyone not
holding a valid waste tire transporter permit
15-25.2 Solid waste collection, transport, or delivery for disposal by
private haulers operating in unincorporated Dade County
without payment of the Disposal Facility Fee
All other Chapter 15 violations
17-15(d)
17-55(d)
17-23(1)
17-59(1)
17-23(1)
17 -59(1)
17-23(2)
17 -59(2)
17-23(2)
17-59(2)
17-23(3)
17-59(3)
17-23(3)
17-59(3)
Violation of any term or condition of a written consent
agreement
Kitchen sink, lavatory, tub or shower, or water closet
missing
Kitchen sink, lavatory, tub or shower not supplied with hot
or cold water
Lack of proper privacy-providing door to water closet and
lavatory basin
Lack of proper water closet and lavatory basin facilities
Lack of proper privacy to bathtub or shower
(
Supp. No. 18
1282.4
CODE ENFORCEMENT
~ 8CC.IO
Code Civil
Section Description of Violation Penalty
17-23(4) Kitchen sink, lavatory basin, bathtub or shower not prop- 100.00
17-59(4) erly connected with both hot and cold water
17-23(4) Kitchen sink, lavatory basin, or bathtub or shower lacks 100.00
17-59(4) either hot or cold water
17-23(5) Lack of water heater 100.00
17-59(5)
17-23(5) Water heater not properly installed, maintained operating, 100.00
17-59(5) or connected
17-23(6) Lack of proper nonportable cooking facility 50.00
17-59(6)
17-23(6) Lack of utility connections for cooking facility 200.00
17-59(6)
17-23(7) Lack of adequate garbage disposal facilities or garbage 100.00
17-59(7) storage containers
17-23(8) Lack of required second means of egress 500.00
17-59(8)
17-23(9) Space heating facility defective or not properly installed or 50.00
17.29(14) maintained
17-59(9)
17-65(14)
17-23(9) Lack of permanent space heating equipment with adequate 200.00
17-23(14) BTU capacity
17-59(9)
17-65(14)
17-24(1) Lack of adequate window area in habitable room 50.00
17-60(1)
17-24(2) Lack of adequate ventilation in habitable room 50.00
17-60(2)
17-24(3) Lack of proper light or ventilation in bathroom, shower room 50.00
17-60(3) or water closet compartment
17-24(4) Lack of approved screening on door, window or other open- 50.00
17-60(4) ings used for ventilation
17-24(5) Lack of approved screening or latticework on opening be- 50.00
17-60(5) neath a dwelling
17-24(6) Lack of required electrical convenience outlets and/or light 100.00
17-60(6) fIxture in habitable room, bathroom, shower room, water
closet compartment or laundry room
1283
~ SCC-tO DADE COUNTY CODE (
Code Civil
Section Description of Violation Penalty
17.24(7) Lack of adequate lighting in hall or stairway 50.00
17.60(7)
17.25(1) Foundation wall not structurally sound or in sound or in 500.00
17.28(1) state of good repair
17-61(1)
17-64(1)
17-25(2) Failure to keep dwelling or dwelling unit rodentproof 100.00
17-61(2)
17-25(2) Deteriorated floor joist causing floor to sag or floor lacks 200.00
17-61(2) proper supports
17.25(2) Portion of floor deteriorated 50.00
17.61(2)
17-25(2) llathroom or kitchen floor not imper'rimlS to water 50.00
17-61(2)
17-25(2) 'Deteriorated orleSking ceiling 100.00
17.61(2)
17-25(2) Deteriorated main sill, column, or wood support beam 200;06 (
17-61(2)
17-64(1)
17.25(2) Leaking or deteriorated roof 500.00
17-61(2)
17-64(1)
17.25(2) Roof overhang, roof overhang vent screen or fascia board 50.00
17-61(2) deteriorated
17.25(2) Kitchen sink drainboard or cabinet deteriorated or damaged 50.00
17.61(2)
17-25(2) Interior door, door jamb, door casing or door stops deterio- 25.00
17-61(2) rated, damaged or missing
17-25(2) Interior door hardware missing or broken 25.00
17-61(2)
17-25(2) Interior door not operable 25.00
17-61(2)
17-25(2) Windows not operable or weathertight 50.00
17-61(2)
17.25(2) Portion of window components deteriorated or support mech. 25.00
17-61(2) anism defective
17-25(2) Window glass missing or broken 50.00
17-61(2) l_
1284
CODE ENFORCEMENT
~ aCC-to
Code Civil
Section Description of Violation Penalty
17-25(2) Jalousie window glass clips broken or missing 25.00
17-61(2)
17-25(2) Window screen frame or trim deteriorated or does not fit 25.00
17-61(2) window opening
17-25(2) Exterior door not weathertight or operating properly 25.00
17-61(2)
17-25(2) Exterior door threshold or trim missing or deteriorated 25.00
17-61(2)
17-25(2) Exterior door deteriorated, damaged or missing 100.00
17-61(2)
17-25(2) Exterior door hardware broken or missing 25.00
17-61(2)
17-25(2) Exterior door glass broken or missing 50.00
17-61(2)
17-25(2) Exterior jalousie door glass clips or operator defective or 25.00
17-61(2) missing
17-25(2) Exterior screen door deteriorated or missing 50.00
17-27(8)
17-61(2)
17-63(8)
17-25(2) Exterior door screen wire deteriorated or damaged 25.00
17-27(8)
17-61(2)
17-63(8)
17-25(2) Interior wall or base board deteriorated or damaged 25.00
17-61(2)
17-25(2) Deteriorated wall studs, siding or corner trim 25.00
17-61(2)
17-25(2) Deteriorated or missing wall stucco 25.00
17-61(2)
17-25(2) Deteriorated or improperly secured awning or shutter 25.00
17-61(2)
17-25(3) Deteriorated entrance steps or entrance platform 200.00
17-61(3)
17.25(3) Deteriorated guard rails or hand rails 100.00
17-61(3)
17-25(3) Deteriorated stair stringers, support columns or stair landing 200.00
17-61(3)
1285
~ 8CC.I0 DADE COUNTY CODE (
Code Civil
Section Description of Violation Penalty
17-25(3) Deteriorated stair treads or risers 200.00
17-61(3)
17-25(4) Failure to maintain chimney or smoke pipe or flue and vent 200.00
17-61(4) attachments thereto
17-25(5) Failure to maintain and protect exterior surfaces 100.00
17-61(5)
17-25(6) Failure to keep plumbing fIxtures, water pipes, waste pipes, 50.00
17-61(6) drains, and waste lines in good sanitary working condition,
free from defects, leaks, or obstructions
17-25(6) Loose or defective sewer waste vent stack 50.00
17-61(6)
17.25(6) Missing waste line cleanout plug 50.00
17-61(6)
17-25(6) Defective sewer waste line 100.00
17-61(6)
17-25(6) Kitchen sink hot or cold water supply line defective 25.00
17-61(6) (
17-25(6) Kitchen sink waste line improper, missing, clogged or leaking 25.00
17-61(6)
17-25(6) Kitchen sink faucet leaking or handles broken or missing 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Kitchen sink not properly secured 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Lavatory basin hot or cold water supply line defective 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Lavatory basin waste line improper, missing, clogged or 25.00
17-61(6) leaking
17-25(6) Lavatory basin faucet leaking or handles broken or missing 25.00
17-25(8)
17-61(6)
17-61(8)
~
1286
CODE ENFORCEMENT
~ BCC-IO
Code Civil
Section Description of Violation Penalty
17-25(6) Lavatory basin not properly secured 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Tub or shower or cold water supply line defective 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Tub or shower waste line improper, missing, clogged or 25.00
17-61(6) leaking
17-25(6) Tub or shower faucet leaking or handles broken or missing 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Lacks shower head overflow cover or escutcheon 25.00
17-25(8)
17.61(6)
17-61(8)
17-25(6) Water closet water supply line, flush ell, or flush mechanism 25.00
17-25(8) defective
17-61(6)
17-61(8)
17-25(6) Water closet waste line improper, missing, clogged or leaking 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Water closet not properly sealed or secured 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Water closet seat or tank lid defective, broken or missing 25.00
17-25(8)
17-61(6)
17-61(8)
17-25(6) Septic tank not properly sealed 500.00
17-61(6)
17-25(7) Failure to maintain water impervious floor in water closet .50.00
17-61(7) compartment, bathroom, or shower room
17-25(8) Electrical light fixture defective, improperly installed or 50.00
17-61(8) missing
1287
~ BCC-IO DADE COUNTY CODE (
Code Civil
Section Description of Violation Penalty
17-25(8) Electrical light switch defective, improperly installed or 50.00
17-61(8) missing
17-25(8) Electrical wall outlet defective, improperly installed or 50.00
17-61(8) missing
17-25(8) Electrical switch or wall outlet cover plate broken or missing 50.00
17-61(8)
17.25(8) Non.conforming electrical wiring used to extend permanent 200.00
17-61(8) wiring
17-25(8) Electrical panel box cover missing 25.00
17-61(8)
17-25(8) Water heater electrical wiring improper 200.00
17-61(8)
17-25(8) Water pump electrical wiring improper 200.00
17-61(8)
17-25(8) Water pump defective 200.00
17-61(8) (
17-25(8) Cooking facility defective 50.00
17-61(8)
17-25(9) Failure to provide continuing services to assure minimum 100.00
17-27(11) requirements of maintenance and sanitation
17-61(9)
17-25(9) Failure to provide tenant with name, address and phone 25.00
17-27(11) number of person(s) providing continuing services
17-61(9)
17-26(1) Undersized area being used as dwelling or dwelling unit 500.00
17-62(1)
17-26(1) Overcrowded dwelling or dwelling unit 100.00
17-62(1)
17-26(2) Using room of less than eighty (80) square feet for sleeping 200.00
17-62(2) purposes in a dwelling or dwelling unit
17-26(2) Using room of less than eight (8) feet in width for sleeping 200.00
17-62(2) purposes in a dwelling unit
17-26(2) Overcrowded sleeping or dormitory room 200.00
17-62(2)
17-26(3) Using room with ceiling height of less than seven (7) feet for 200.00
17-62(3) living, sleeping, cooking or eating purposes or as a bathroom
~
1288
CODE ENFORCEMENT
~ BCC-IO
Code Civil
Section Description of Violation Penalty
17-26(4) Improper access to bathroom, shower room, water closet com. 200.00
17-62(4) partment, or sleeping room
17-26(4) Improper access to bathroom, shower room, water closet com. 50.00
17-62(4) partment, or sleeping room. Bathroom, shower room or water
closet compartment accessible without going outside of
building or through another sleeping room
17-26(4) Sleeping room not accessible without going through another 50.00
17.62(4) sleeping room, bathroom, shower room or water closet com-
partment
17-26(5) Using a cellar or basement space as a habitable room or 200.00
17-62(5) dwelling unit
17-27(1) Failure to keep dwelling unit or portion thereof clean and 100.00
17-27(2) sanitary
17-27(3)
17-63(1)(2)(3)
17-27(2) Trash, debris, refuse, or garbage on premises 100.00
17-27(3)
17-27(6)
17-63(2)(3)(6)
17-27(4) Excessive growth of weeds, grass, or other flora 100.00
17-63(4)
17-27(5) Failure to keep plumbing fIXtures, sanitary facility, or ap- 100.00
17-63(5) pliances and equipment therein sanitary and clean
17-27(7) Failure to exterminate insects, rodents, termites, vermin, or 100.00
17-29(12) other pests
17-63(7)
17-65(12)
17.27(8) Failure to provide required window screens 50.00
17-63(8)
17-27(9) Failure to grade or maintain exterior premises to prevent 50.00
17.63(9) accumulation of stagnant water
17-27(11) Failure to provide continuing maintenance and sanitation 200.00
17-63(11) services
17-27(11) Failure to provide tenant with name, address, and telephone 25.00
17-63(11) number of maintenance and sanitation service providers
17.28(1) Failure to keep accessory structure structurally sound or 50.00
17.64(1) maintained in good repair
17-28(2) Failure to exterminate rodents, insects and vermin in acces. 50.00
17-64(2) sory structure
1289
~ aCC-IO DADE COUNTY CODE (
Code Civil
Section Description of Violation Penalty
17-28(3) Allowing water to accumulate on roof of accessory structure 50.00
17-64(3)
17-28(4) Failure to maintain and protect exterior surface of accessory 100.00
17-64(4) structure or fence
17-28(5) Failure to maintain plumbing fixture, water pipe, waste pipe 100.00
17.64(5) or drain in good sanitary working condition
17-29(1) Operating hotel or rooming house without required license 500.00
17.65(1) or permit
17-29(2) Using or letting hotel or rooming house room of less than 200.00
17-65(2) prescribed square footage, minimum width, or average ceiling
height for sleeping purposes
17-29(2) Overcrowded hotel or rooming house unit 200.00
17-65(2)
17-29(3) Lack of required number of flush water closets, lavatory 500.00
17-65(3) basins, or bathtubs or showers in hotel or rooming house
17-29(3) Failure to locate water closet, urinal, bathtub or shower in 50.00 (
17-65(3) room affording privacy to user or less than one (1) story
removed.from the hotel or rooming unit ofan intended user
17-29(3) Water closet, urinal, bathtub or shower not accessible without 50.00
17-65(3) going outside of building or without going through a dwelling,
hotel or rooming unit of another occupant
17-29(3) Failure to supply hot or cold water to lavatory basin, bathtub 100.00
17-65(3) or shower in hotel or rooming unit
17-29(4) Using a cellar or basement space as a habitable room or as 200.00
17-65(4) a hotel or rooming unit
17-29(6) Failure to keep walls, floors, ceilings, other parts of the 100.00
17-65(6) rooming or hotel unit and premises in a sanitary condition
17-29(7) Allowing cooking in hotel or rooming unit sleeping rooms 50.00
17-65(7)
17-29(8) Failure to provide approved means of egress in hotel, rooming 500.00
17-65(8) house, hotel unit or rooming unit
17-29(9) Maintaining rubbish on hotel or rooming house premises 100.00
17-65(9)
17-29(10) Failure to promptly dispose of garbage through use of ap- 100.00
17-65(10) proved mechanical equipment or placement in required con-
tainer in a sanitary manner
17-29(12) Failure to exterminate insects, rodents, vermin, termites or 500.00
17-65(12) other pests in hotel or rooming house l
1290
CODE ENFORCEMENT
i 8CC-IO
Code
Section
Description of Vwlation
Civil
Penalty
17-29(14)
17-65(14)
Letting for occupancy of a rooming or hotel unit without
adequate heating facilities of an approved type properly
installed and in safe and good working condition
Using an unapproved accessory heating unit
200.00
17-29(14)
17-65(14)
17-29(14)
17-65(14)
17-29(14)
17-65(14)
200.00
17-30
17-66
Using an unsafe heater, cooking stove or oven for heating
purposes
Failing to provide a gas pipe outlet or an electrical outlet
and circuit for the user of gas space heaters or portable
electrical heaters
Failing to vacate a dwelling, dwelling unit, hotel, hotel unit,
rooming house or rooming unit placarded as unfit for
human habitation
Defacing or removing placard
200.00
500.00
500.00
17-30
17-66
100.00
17-59(5) Solar water heater lacks thermostatic controlled booster
17-59(5) Solar water heater booster not operating properly
All other Chapter 17 violations
17A-16(1)
17A-16(3)
17 A-16(1l)
17 A-16(1)
17A-16(4)
17A-16(2)
17A-16(4)
17 A-16(2)
17A-16(4)
17A-16(2)
17A-16(4)
17A-16(3)
17A-16(4)
Structure or premises infested with mice, rats, roaches,
fleas, or other vermin or pests
50.00
50.00
200.00
50.00
Foundation wall deteriorated
500.00
Exterior wall deteriorated
50.00
Roof deteriorated or leaking
50.00
Roof overhang deteriorated
25.00
Failure to maintain windows or doors in good condition
Failure to repair or replace rotted or deteriorated exterior
areas
25.00
25.00
17A-16(4)
17A-16(5)
17A-16(4)
17A-16(5)
Main sill or column deteriorated
25.00
Wood support beam deteriorated
25.00
SUppa No. 16
1291
i 8CC-IO
DADE COUNTY CODE
Code
Section
Description of Violation
Civil
Penalty
17A-16(4)
17A-16(5)
17A-16(4)
17 A-16(5)
17A-16(4)
17A-16(5)
17A-16(4)
17A-16(5)
17A-16(4)
17A-16(5)
17A-16(4)
17A-16(5)
17A-16(5)
17A-16(6)
17A-16(6)
Guard rail deteriorated
25.00
Entrance step or platform deteriorated
25.00
Awning or shutter deteriorated
25.00
Stair treads, risers or landing deteriorated
25.00
Stair handrails deteriorated
25.00
Stair support column deteriorated
25.00
Stair stringers deteriorated
25.00
17A-16(7)
17A-16(8)
17A-16(9)
17A-16(9)
17A-16(9)
17A-16(9)
17A-16(10)
17A-16(1l)
Exposed wood or metal surface lacks paint or other ap-
proved coating
Failure to maintain, disconnect or remove utility connection
Failure to provide nonportable cooking facility
Sewer waste vent stack loose or defective
Waste line clean-out plug missing
Sewer waste line defective
25.00
Septic tank not properly sealed
Excessive growth of weeds, grass or other flora
Failure to exterminate rodents, roaches, fleas, vermin or
other pests
Maintaining rubbish or garbage
Crawl space openings lack screens
Window, door or other exterior opening not properly secured
to prevent human entry
All other Chapter 17 A violations
Ch. 18A All Chapter 18A Violations
200.00
25.00
25.00
50.00
25.00
500.00
100.00
50.00
17A-16(1l)
17A-16(12)
17A-16(12)
100.00
25.00
500.00
200.00
500.00
(
SUppa No. 16
1292
CODE ENFORCEMENT
i BCC-IO
Code Civil
Section Description of Violation Penalty
19-3 Allowing public nuisance to exist 100.00
19-4(C) Illegal disposal of cuttings, solid waste or junk 500.00
19-5 Failure to comply with schedule 250.00
19-6 Allowing a violative condition to exist 250.00
21-28 Excessive noise violations 100.00
21-30.01(cX1) Creating graffiti 250.00
2nd Offense 500.00
Subsequent Offenses 1,000.00
21-30.01(d) Failure to remove graffiti 50.00
21-30.01(eX1) Possession of spray paint or marker to make graffiti 250.00
2nd Offense 500.00
Subsequent Offenses 1,000.00
21-30.01(eX2) Possession of spray paint or markers by minors on public 250.00
property
2nd Offense 500.00
Subsequent Offenses 1,000.00
21-30.01(eX3) Possession of spray paint or markers on private property 250.00
without consent of owner
2nd Offense 500.00
Subsequent Offenses 1,000.00
21-30.01(0(1) Sale of spray paint or markers to persons under eighteen 100.00
(18) years of age
Subsequent Offenses 200.00
21-30.01(f)(2) Failure to display graffiti warning signs or improper stor- 100.00
age of spray paint or markers
21-30.01(f)(3) Violation of spray paint or marker sale injunction 100.00
21-34(a) Obstructing, damaging, destroying, or interfering with ca- 100.00
nal, drain, ditch, watercourse, etc.
21-47(3)(a) Person engaging in high risk sexual activity at bathhouse 100.00
and health club
21-47(3)(b) Allowing high risk sexual activity at bathhouse and health 500.00
club
SUppa No. 17
1293
f 8CC-IO DADE COUNTY CODE (
Code Civil
Section Description of Violation Penalty
21-47(3Xd) Occupying or allowing two (2) or more persons to occupy 500.00
stall at bathhouse and health club
21-47(4)(a) Private rooms at bathhouse and health club 500.00
21-47(4)(c) Lighting at bathhouse and health club 250.00
21-47(5) Posting name and address of owner and operator of bath- 500.00
house and health club
21-47.1(3)(a) Person engaging in sexual activity at adult bookstore or 100.00
adult video store
21-47.1(3Xb) Allowing sexual activity at adult bookstore or adult video 1,000.00
store
21-47.1(4Xa) Failure to provide only single-seat chairs in viewing rooms 500.00
21-47.1(4Xc) Failure to provide minimum lighting at adult bookstore or 500.00
adult video store
21-47.1(4Xd) Failure to provide permanently open entranceway to view- 500.00 ..
ing rooms (
21-47.1(5) Failure to post name and address of owner and operator of 500.00
adult bookstore or adult video store
21-48 Sale and installation of satellite dish antennas to residen- 500.00
tial customers
21-112 Failure to properly fill abandoned well 100.00
21-113 Failure to cover a well 500.00
21-113 Failure to mark a well with proper flag 100.00
21-114 Failure to obtain a self-harvest agricultural field permit 500.00
21-115 Allowing child under ten (10) years old onto self-harvest 300.00
agricultural field
21-116 Failure to post required four (4) warning signs in a self- 500.00
harvest field open to the public
21-116 Failure to post four (4) signs in areas of self-harvest field 500.00
closed to the public
21-253 Failure of adult group home to provide a suitable form of 200.00
identification to incapacitated residents
21-253 Failure of adult home to promptly replace lost or worn form 200.00
of Identification
~
SUppa No. 17 1294
CODE ENFORCEMENT
i 8CC-IO
Code
Section
Description of Violation
Civil
Penalty
24-15.1
Failure of adult group home to have a sign with the term
"Adult Congregate Living Facility" or "ACLF"; "Adult Fam-
ily Care Home" or "AFC Home"; or "Nursing Home," as
applicable
Violation of referenced rules and regulations
Discharge of prohibited substances into County waters
Exceeding eflluent standards for discharges
Unlawful discharge affecting water quality
Breach of eflluent standards by new sewage treatment
plants and industrial waste treatment facilities
Bypassing a waste treatment facility
Discharging prohibited wastes or substances into sewers
Allowing potable water supply to breach referenced stan-
dards
Noncompliance with provisions and standards protecting
public. potable water supply wells
Noncompliance with provisions regulating underground
storage facilities
Noncompliance with provisions regulating liquid waste
transporters
Noncompliance with provisions regulating metal recycling
facilities
Noncompliance with provisions regulating waste water
disposal and treatment methods other than sanitary sewers
Causing a sanitary nuisance
Discharging air contaminants above prescribed level
Discharging air contaminants to a degree greater than
specified
Noncompliance with provisions regulating motor vehicle
emissions and emission control devices
100.00
21-254
24-9
24-11(1)
24-11(2)
24-11(3)
24-11(7)
100.00
200.00
200.00
200.00
100.00
24-11(8)
24-11(9)
24-12(1)
200.00
200.00
200.00
24-12.1
200.00
24-12.2
100.00
24-12.3
100.00
24-12.4
300.00
24-13
200.00
24-14
24-15(a)
24-15(b)
500.00
100.00
100.00
50.00
24-17
Noncompliance with standards regulating sulfur dioxide
emission
100.00
24-18
24-25
24-25.1
Open burning
Violation of ozone-depleting compound regulations
Violation of ozone-depleting compound regulations
100.00
500.00
500.00
Supp. No. 20
1295
f 8CC-IO DADE COUNTY CODE (
Code Civil
Section Description of Violation Penalty
24-25.2 Violation of ozone-depleting compound regulations 500.00
24-25.3 Violation of ozone-depleting compound regulations 500.00
24-26 Maintaining a sanitary nuisance 500.00
24-27 Spraying substances containing asbestos 500.00
24-27.1(A) Improper sale, transport, or planting of prohibited plant 100.00
species
24-30 Failure to have plans approved 200.00
24-34(2) Deviations from conditions of approval 100.00
24-35.1 Failure to properly secure required operating permit 200.00
24-36 Failure to properly provide competent supervision 200.00
24-37 Failure to report breakdown or lack of proper functioning 100.00
24-38 Failure to maintain and keep operating records 200.00
24-39 Unlawfully circumventing Code requirements 200.00
24-45 Noncompliance with provisions regulating wells 100.00 (
24-54 Violation of referenced rules and regulations 100.00
24-55 Violations of Chapter 24 or of orders of Director of Depart- 100.00
ment of Environmental Resources or of conditions of an
operating permit
24-58 Failure by contractor to properly secure permit for specified 500.00
types of work
24-58 Failure by homeowner to properly secure permit for speci- 100.00
fied types of work
24-59 Prohibited floating structures 200.00
24-60 Failure to properly secure permit or noncompliance with 200.00
permit conditions
25-10.21(c) Unauthorized aircraft engine run-up 500.00
26-1 Rule 30, illegal vending 100.00
26A-1.2.1(b) Allowing, creating, keeping or maintaining any artificially 200.00
induced mosquito breeding area
26A-2.1(c)(3) Obstructing or resisting an Enforcement Officer in the 200.00
enforcement of this section
26A-2.1(e) Failure to store tires properly in compliance with Section 100.00
26A-2.l(e)
30-263.11(b) Failure to follow posted regulatory sign 50.00 (
Supp. No. 20 1296
CODE ENFORCEMENT
~ 8CC-IO
Code Civil
Section Description of Violation Penalty
30-462 Towing without a license 500.00
30-465 Failure to obtain or maintain insurance coverage or to 500.00
include provision on changes
30-467 Failure to display decal 500.00
30-468 Failure to maintain trip records 200.00
30-469 Failure to comply with towing safety standards or to remove 500.00
notice from windshield
30-470 Failure to maintain financial records 200.00
30-470.1 Advertising tow services without including license number 500.00
in such advertisement
30-471 Discrimination in rendering service 200.00
30-472 Bidding without a towing license 100.00
30-473 Towing without proper prior consent 500.00
30-473(d) Rebating money to obtain towing privileges 500.00
30-473(e) Providing towing services to a vehicle occupied by a person 500.00
30-473(f) Failure to transport vehicle directly to storage siteJkeeping 500.00
vehicle.in temporary holding area
SUppa No. 20
1296.1
CODE ENFORCEMENT
i 8CC-IO
Code Civil
Section Description of Violation Penalty
30-473(h) Failure to maintain a place of business, file rates/failure to 200.00
display charges and rates
30-473(i) Failure to telephonically inform vehicle owner of document 200.00
requirements; charges; method of payment; or business
hours
30-473(j) Failure to permit inspection of or removal of personal 500.00
possessions from towed vehicle
30-473(k) Failure to accept alternate forms of payment 500.00
30-473(1) Failure to display bonding procedure sign 200.00
30-473(m) Using profane language 200.00
30-473(n) Using physical force or violence 500.00
30-474(a) Failure to prominently post notice stating tow-away warn- 500.00
ing in prescribed language
30-474(b) Failure to obtain express written instruction to recover, tow 500.00
or remove vehicle
30-474(c) Failure to report within thirty minutes 200.00
30-474(d) Recovering, towing or removing a vehicle when authorized 500.00
person arrives prior to said service
30-474(e) Storing or impounding a towed vehicle more than five (5) 200.00
miles from recovery
30-474(f) Failure to release vehicle and permit retrieval of vehicle 500.00
during prescribed hours/failure to post retrieval informa-
tion
30-475(a) Failure to enter into contract with property owner 200.00
30-475(b) Failure of property owner to inform vehicle owner of name 500.00
and address of towing company
30-475(c) Failure of property owner to ascertain license number of 100.00
tower
30-475(d) Unlawfully towing an emergency vehicle 500.00
30-476(b) Charging in excess of maximum allowable rates 500.00
30-476.1(a) Failure to file rates on roadside solicitation 200.00
30-476.1(b) Failure to disclose rates on roadside solicitation to vehicle 500.00
owner
30-476.1(c) Charging more than rates disclosed on roadside solicitation 500.00
SUppa No. 18
1297
i 8CC-IO DADE COUNTY CODE (
Code Civil
Section Description of Violation Penalty
30-476.l(e)(1) Towing distressed vehicle without having been summoned 500.00
to accident scene by owner or law enforcement officer
30-476.1(e)(2) Stopping or driving by scene of accident to solicit or offer 500.00
tow services
30-476.l(e)(3) Soliciting tow business as a result of information received 500.00
over police radio
30-476.1(e)(4) Diverting patrons of another at scene of vehicle accident or 500.00
distressed vehicle
30-476.1(e)(5) Soliciting or engaging in tow business with false informa- 500.00
tion
30-476.l(e)(6) Falsely identifying oneself as a contract wrecker 500.00
All other Chapter 30, Article III, violations 200.00
All other Chapter 30, Non-Article III, violations 50.00
31-303(a) Failure to obtain a chauffeur's registration. Fine shall be 1,000.00
reduced to $50.00 if the person issued the citation has held (
a valid Dade County chauffeur registration within the past
six months
31-303(i)(1) Failure to display a valid chauffeur's registration 50.00
31-303(i)(2) Violation of solicitation prohibition 75.00
31-303(i)(3) Violation of smoking while transporting passengers or sleep- 75.00
ing in vehicle prohibition
31-303(i)( 4) 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(i)(6) Failure to maintain accurate, legible trip sheets or failure to 25.00
provide trip sheets to CSD, when requested
31-303(i)(7) Overcharging passenger 250.00
31-303(i)(8) Failure to offer fare receipt to paying passenger 25.00
31-303(i)(9) Operating an unsafe vehicle 75.00
31-303(i)(10) Violation of abusive language prohibition; or being discour- 100.00
teous to passengers or enforcement personnel, or soliciting
gratuities
31-303(i)(1l) Operating a vehicle while ability or alertness is impaired 250.00
(
SUppa No. 18 1298
CODE ENFORCEMENT
i 8CC-IO
Code Civil
Section Description of Violation Penalty
31-303(i)(12) 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(i)(13) Failure to select most economical route to destination 100.00
31-303(i)(14) Violation of passenger diversion prohibition, or accepting 250.00
payment for passenger diversion
31-303(i)(15) Failure to stop vehicle for inspection; or failure to allow 50.00
authorized enforcers to inspect vehicle
31-303(i)(16) Failure to display off-duty sign 50.00
31-303(i)(17) Failure to use air conditioner 250.00
31-303(i)(18) Displaying an altered chauffeur's registration 250.00
31-303(i)(19) Failure to sign and accept violation notice 250.00
31-303(i)(20) Vehicle operation with no valid operating permit and/or 250.00
vehicle inspection displayed. Fine shall be reduced to $50.00
if valid operating permit or valid inspection decal is pre-
sented to CSD within two (2) business days of citation
issuance
31-303(i)(21) Vehicle operation when displayed operating permit decal or 250.00
vehicle inspection sticker tampered .or altered
31-304(1) Failure to operate with properly sealed and operating 250.00
taximeter
31-304(2) Chauffeur not in attendance of vehicle except when parked 25.00
in taxicab storage areas at Miami International Airport and
Dodge Island; or vehicle doors open when unauthorized
31-304(3) Failure to operate with a lit tell-tale light 25.00
All other Chapter 4, Article III; Chapter 30, Sections 30-371 50.00
and 30-372; and Chapter 31, Articles II, III, IV and V,
violations relating to chauffeurs
32-8.1(g) Violation of water shortage emergency restrictions 75.00
32.8.2 Violation of permanent landscape irrigation restrictions 50.00
33-8(a) Failure to obtain certificate of use and occupancy for South 500.00
Florida Building Code (SFBC) Group A, B, C, D, E, and F
occupancies
33-8(b) Failure to obtain certificate of use and occupancy for SFBC 200.00
Group G and H occupancies
33-8(c) Failure to obtain certificate of use and occupancy for SFBC 100.00
Group I and J occupancies
Supp. No. 18
1299
i 8CC-IO DADE COUNTY CODE
(
Code Civil
Section Description of Violation Penalty
33-11 Over-height fence, barbed wire fence, wall or hedge 100.00
33-11 Improperly located fence, wall, or hedge 100.00
33-12 Failure to erect or maintain proper swimming pool fence or 500.00
barrier
33-13 Unlawfully establishing an unusual or new use without 500.00
prior approval at public hearing
33-15 Illegally maintaining or depositing junk or trash 500.00
33-15.1 Failure to remove derelictinonfunctioning property per or- 500.00
der
33-16 Illegal excavation 500.00
33-20(a) Illegally occupying a temporary accessory building tent, or 200.00
similar structure without prior approval
33-20(e) Illegal boat storage 100.00
33-20m Illegally maintaining recreational vehicle or camping equip- 200.00
ment
33-20.1 Illegally parking or keeping tow truck or equipment in 500.00 (
residential property
33-25 Illegally maintaining a houseboat 100.00
33-29 Illegally maintaining or storing construction materials or 200.00
equipment without active building permit
33-37 Illegal use or occupancy of land or structure without prior 200.00
public hearing approval
33-38 Failure to comply with a Stop Work Order 500.00
33-38.1 Resisting or obstructing enforcement 500.00
33-39.3 Violation of the terms of a consent agreement 500.00
33-50 Maintaining a structure encroaching in required setbacks 200.00
33-60 Improper erection of tower, standpipe, mast, etc. 100.00
33-63 Improper location of poles, masts, or towers for supporting 100.00
antenna
33-86 Erection, construction, posting, etc., of a sign without a 200.00
permit
33-93 Failure to obtain required sign inspection approval 200.00
33-95(a) Maintaining a hazardous sign 500.00
33-95(b) Maintaining an indecent sign 100.00
l
Supp. No. 18 1300
CODE ENFORCEMENT
t 8CC-IO
Code
Section
Description of Violation
Civil
Penalty
33-95(c)
33-95(d)
33-95(e)
33-95(0
Maintaining a sign on an unapproved supporting structure
Maintaining a roof sign
Maintaining a fence or wall sign in a residential district
Illegally maintaining blinking or flashing lights, streamer
lights, pennants, banners, streamers, etc.
Illegally maintaining a revolving or rotating sign
Illegally maintaining "stop" or "danger" signs
Illegally maintaining a portable sign
Illegally maintaining signs on transportable vehicles or
devices for advertisement
Illegal illumination of signs
Failure to maintain sign in safe and legible condition
Failure to remove or paint out sign when use is discontin-
ued
Failure to screen the rear of a sign
Failure to maintain area around signs free of weeds
Failure to remove dilapidated signs
Failure to remove Class C sign in BU-1A or BU-2 zone at
the time first building permit is issued
Failure to maintain the landscaping, or the Class C sign in
good condition or the sign site free from trash and debris
Failure to remove Class C sign at cancellation of permit
Illegally maintaining a directional sign
Failure to maintain an entrance feature
500.00
500.00
200.00
500.00
33-95(g)
33-95(h)
33-95(i)
33-95(j)
500.00
100.00
200.00
200.00
33-96
33-97(a)
33-97(a)
100.00
200.00
100.00
33-97(b)
33-97(c)
33-97(d)
33-107
100.00
100.00
500.00
200.00
33-107
100.00
33-107
33-111
33-1l2(a)
33-1l2(d)
Illegally maintaining illumination incorporated into an
entrance feature
200.00
200.00
200.00
200.00
33-124
Failure to provide adequate number of off-street parking
spaces
Failure to provide proper surface for parking area
Improper use of parking areas as commercial parking lot
Failure to provide any or proper street address number
Failure to maintain any or proper street address number
Illegal sale of alcoholic beverages
500.00
33-126
33-131
33-149(a)
33-149(c)
33-150
200.00
500.00
100.00
100.00
500.00
Supp. No. 18
1301
~ 8CC-IO
DADE COUNTY CODE
Code
Section
Description of Violation
Civil
Penalty
33-150(H)
33-168
Illegal band or orchestra music, dancing or entertainment
Illegal placement, storage, or use of mobile home or trailer
outside of an approved mobile home park
Unlawful establishment of a mobile home park
Failure to maintain mobile home park in compliance with
approved site plan
Unauthorized use within a district
Maintaining a group home less than 1,000 feet from an-
other group home
500.00
500.00
33-169
33-169
500.00
500.00
33-194
33-196.1(c)
500.00
200.00
33-199
33-201
33-203
33-303.6
33-204
33-207.2
33-207.3
33-208
33-217
33-223.1
33-223.6
33-224
33-225.1
33-226
33-230
33-234
33-238
33-247
33-253
33-255
33-259
33-262
33-264
(
(
SUppa No. 18
1302
CODE ENFORCEMENT
~ 8CC-IO
Code
Section
Description of Violation
Civil
Penalty
33-268
33-279
33-200
33-201
33-202.1
33-203
33-203.6
33-204
33-207.2
33-207.3
33-208
33-217
33-223.1
33-223.6
33-224
33-225.1
33-226
33-230
33-234
33-279
33-226
33-230
33-234
33-243
33-251.1
33-353.5
33-356.4
33-244
33-251.2
33-253.6
33-260
33-263
33-266.1
33-270
Illegally raising, breeding, or keeping animals, insects,
poultry or fowl in a residential district
500.00
Failure to maintain required setback between animals and
adjacent property or building
200.00
Illegal sale of fruit or merchandise from trucks, wagons,
open stands or vacant lots
500.00
Failure to conduct a business from within a completely
enclosed building
500.00
SUppa No. 20
1303
.
~ 8CC-IO
DADE COUNTY CODE
(
Code
Section
Description of Violation
Civil
Penalty
33-244 Illegal storage of materials or products or illegal storage of 500.00
33-251.2 materials above the height of a wall or fence -
33-253.6
33-256.5
33-260
33-263
33-266.1
33-270
33-245 Failure to maintain the wall required to separate business 500.00
33-251.3 from residential property
33-253.7
33-256.6
33-311(j) Failure to comply with the condition of a resolution 500.00
All other Chapter 33 violations 200.00
(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, ~ 8, 9-16-91; Ord. No. 91-95, ~ 26, 9-16-91;
Ord. No. 91-109, ~ 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, 7-15-93; 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, ~ 2, 5-5-94; Ord. No. 94-93, ~ 4, 5-17-94; Ord. No. 94-102, ~ 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; Ord. No. 95-85, ~ 2, 5-2-95; Ord. No.
95-86, ~ 1,5-2-95; Ord. No. 95-100, ~ 2, 6-20-95; Ord. No. 95-106, ~ 2, 6-20-95; Ord. No. 95-174, ~ 3(Att.
B), 9-20-95; Ord. No. 95-184, ~ 3,10-17-95; Ord. No. 95-187, ~ 1, 10-17-95; Ord. No. 95-198, ~ 2,11-7-95;
Ord. No. 95-222, ~ 1, 12-5-95; Ord. No. 96-13, ~ 3, 1-16-96; Ord. No. 96-37, ~ 2, 2-20-96; Ord. No. 96-82,
~ 2, 6-4-96; Ord. No. 96-86, ~ 3, 6-4-96; Ord. No. 96-137, ~ 3, 9-17-96; Ord. No. 96-183, ~ 1, 12-3-96; Ord.
No. 97-14, ~ 2, 2-25-97)
Sec. 8CC-n. Enforcementprocedureformu-
nicipalities.
this chapter within their municipal boundaries
subject to compliance with the provisions of this
section.
(b) As a condition to enforcing the applicable
provisions of this chapter, a municipality shall
(
(a) Municipalities within Dade County shall
be entitled to enforce the applicable provisions of
SUppa No. 20
1304