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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