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HomeMy WebLinkAboutOrdinance 2001-141 ORDINANCE NO. 2001- l &.( I AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA REPEALING ORDINANCES NUMBERS 98-21t 98-57t AND 99-71 RE-ESTABLISBING A CODE ENFORCEMENT PROCEDURE; PROVIDING DEFINITIONS; PROVIDING FOR QUALIFICATIONS, APPOINTMENT, REMOVAL AND COMPENSATION OF SPECIAL MASTERS; SETfING 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; SCHEDULING AND CONDUCT OF HEARING, PROVIDING REMEDIES TO RECOVER UNPAID CIVIL PENALTIES; PROVIDING FOR APPEAL 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. WHEREAS, the City has modified its Code Enforcement ordinances on multiple occasions and has now created an independent Code Enforcement and Licensing Department, which finds it efficient and expedient to combine all the modifications into one comprehensive enforcement procedure, and WHEREAS, the Office of the City Clerk is the more appropriate entity to coordinate and schedule Special Master Hearings, and WHEREAS, the City is now proceeding with the collections of civil penalties owed too the City through the application and imposition of enforcement liens, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <;ODE ENFORCEMENT Section. 1. Ordinances numbers 98-21, 98-57, and 99-71 are hereby repealed and a new Code Enforcement Procedure is adopted. 02001- _ Reestablishing Code Enfurcement Procedures 1 Section. 2. 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, or such other land development regulations or ordinances as may be adopted by the City hereafter. (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) "Compliance" means the correction of the violation in accordance with the applicable code( s) including the payment of any outstanding civil penalties. liens. or any other ~ecial assessment liens and lor costs or fees due to the City for enforcement of the suiject ordinance(s) violated. (0) "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. (E) "Department" means the Code Enforcement and Licensing Department. (F) "Director" means the Director of the Cod~ Enforcement and Licensing Department. ~G) "Manager" means the City Manager or his desigBee. (H) "Notice of Violation" means a civil violation notice issued to a Violator in accordance with the provisions of this Ordinance. (I) "Person" means any individual, partnership, limited partnership, trust, corporation, association or other entity. (1) "Recurring Violation' means a violation for which a Warning Notice of Violation was previously issued and correction was made then the same violation involving the same violator, object or action violating the same Ordinance or Code Section, recurs or is recommitted within a (12) month period. (K) "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. (L) "Special Master" means a person appointed pursuant to Section 3 of this Ordinance. 02001- _ Reestablishing Code EnfOrcement Procedures 2 (M) "Commission" means the City Commission. (N) "City" means the City of Sunny Isles Beach. (0) "Violator" means that person or entity responsible for a violation of the Code and, if different, the owner of the property involved. (P) "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. Section 3. Civil Infractions and Penalties. A violation of the Code shall constitute a civil offense punishable by civil penalty in the amount prescribed in Sections 8 and 15 of this ordinance. herein. Section 4. Qualifications of Special Masters. Appointment and Removal. Compensation. Appointments of Special Masters shall be made by the Manager, as needed, on the basis of experience, skills and abilities and, whenever possible, shall include persons with legal zoning, engineering and/or construction experience. Such appointments shall be made for a term of one (I) year and first time appointments shall be submitted to the Commission for ratification of the Manager's appointments. (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 (1) 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. Upon the termination of a term of an appointment as Special Master each Special Master shall continue to serve as Special Master until a new appointment of a replacement as Special Master has been made by the City manager and such new appointment has been ratified by the City Commission. The Special Masters so appointed shall serve on a continually rotating basis. (C) Special Masters shall not be City employees and shall be compensated at a rate not to exceed $250 per hearing date, which fee shall include case preparation, execution of final orders, attendance at all hearings including appeals, if necessary. (D) If a Special Master is removed from a case in the event of a conflict of interest, 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 Speeial Master Prosecutor at the 02001- _ Reestablishing Code Enforcement Procedures 3 earlier proceeding, s/he may not represent the City in that instance. Special counsel shall be appointed for that representation. Section 5. 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 City Staff. (C) Subpoena evidence to hearings. (D) Take testimony under oath and review evidence to make findings of fact and draw conclusions of law. (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. (G) Assess administrative costs of no less than $60.00. Section 6. 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). Section 7. Enforcement Procedures. (A) A Code Enforcement Officer is authorized to issue a Warning Notice of Violation, in a form approved by the Building Official Department Director, prior to the issuance of a Civil Violation Notice to a person 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. The Warning Notice of violation shall specify a reasonable time period (warning period), not to exceed thirty (30) calendar days, within which the Violator must correct the violation. This determination shall be based on consideration of fairness; 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 upon re-inspection of the violation, which prompted the issuance of the Warning Notice of Violation, said violation has not been corrected; the Violator shall be subject to the issuance of a Civil Violation Notice and liable for the associated civil penalties. 02001- _ Reestablishing Code Enforcement Procedures 4 (C) If a Code Enforcement Officer has reason to believe that the violation represents a serious threat to the public health, safety or welfare, if the violation is a recurring violation as defined ffi seotion I(G) herein, or if the violation is an Uncorrectable Violation as defined in seotion I(M), herein, the warning period shall not be applicable and the Civil Violation Notice may issue immediately. Section 8. Contents and Service of the Civil Violation Notice. (A) A Civil Violation Notice (sometimes referred to as a "citation") shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the Code or Ordinance violated. (6) The name and authority of the Code Enforcement Officer. (7) The procedure to be followed in order to pay the civil penalty or contest the citation. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appeal or contest the citation within seven (7) days after service of the Civil Violation Notice, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (11) A statement that the Violator may be liable for reasonable administrative hearing costs should they be found guilty. (B) Service of the Civil Violation Notice or Citation to the Violator shall be effected by hand delivery to the Violator, by leaving the Civil Violation Notice at the Violator's usual place of residence with any person residing therein who is 15 years of age or older and informing such person of the contents of the Civil Violation Notice; by overnight courier; by certified mail (return receipt requested) to the Violator's usual place of residence or other property, which service shall be deemed completed upon signing of the receipt; or by posting the Civil Violation Notice in a conspicuous place on the premises or real property upon which the violation was observed. Any method of service of the Civil Violation Notice described above, shall be deemed 02001- _ Reestablishing Code Enforcement Procedures 5 proper service, and the time for compliance stated in the Civil Violation Notice shall commence with the date of such posting. Section 9. Civil Penalties and Related Terms Construed. (A) Penalties for violations ofthe provisions to be enforced through this Ordinance shall be in the amounts prescribed in the schedule of civil penalties contained herein. Provided however, that the maximum civil penalty shall be $500.00 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. Failure to pay the imposed fine(s) even after correction ofthe violation may be considered non-compliance and a continuing violation for the purposes of assessing continuing penalties. (B) For each day of a Continued Violation, an additional penalty in the same amount as that prescribed for in the original violation shall be added. (C) Civil penalties assessed as provided herein are due and payable to the City on the last day of the period allowed for the filing of an appeal of the Code Enforcement Officer's decision, or if proper appeal is made, when the appeal has been finally decided adversely against the named violator. (D) For the first Repeat Violation, the amount of the civil penalty shall be double the amount of the penalty prescribed for the original violation. The amount of civil penalty due for each subsequent Repeat Violation shall be double the amount of penalty due for the first day of the immediately preceding violation, provided that the maximum penalty payable for the first day of anyone Repeat Violation shall be $500.00 $750.00. (E) A Repeat Violation which remains uncorrected beyond the time prescribed for correction in the Notice of Violation shall be treated as a Continuing Violation, and the additional penalty for each day of continued violation shall be double the amount due for the first day of the Repeat Violation. (F) A Repeat Violation includes a violation committed by an entity that has one or more officers, major shareholders or general partners in common with another entity, which violated the same code provision within five (5) years of the current violation. For purposes of this Section a major shareholder shall be one who owns at least 25% of the shares of that corporation. This paragraph shall apply only where the common officer (s), major shareholder(s), or general partner(s) are or were actively involved in the management of the entity committing the violation at the time when the violation occurred. ](G) Continuing Violation penalties shall accrue from the date of correction given in the Civil Violation Notice until the correction is made, and compliance is obtained or until a request for administrative hearing is filed, whichever comes first. If the named Violator requests an administrative hearing and loses his appeal, the Special Master shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth herein. If correction is not made within the period set by the Special Master, Continuing Violation penalties shall begin to accrue agaffi after the time allowed for correction has run. No 02001- _ Reestablishing Code Enforcement Procedures 6 continuing violation penalties shall accrue during the time period from the date of the civil violation notice until the date of the administrative hearing, if the named violator timely requests an administrative hearing to appeal the decision ofthe Code Inspector. Continuing violation penalties cannot be imposed by the hearing officer for uncorrectable violations. (F) Civil penalties assessed pursuant to this Chapter by the Special Master are due and payable to the City at the close of the hearing, or, if a proper appeal of the Special Master's decision is made, when the appeal has been finally decided adversely against the named Violator. Section 10. 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 Civil Violation Notice shall elect to: (1) Pay the civil penalty in the manner and within the time indicated on the Civil Violation Notice and correct the violation within the time specified on the Civil Violation Notice; or (2) Request an administrative hearing before a Special Master to appeal the decision of the Code Enforcement Officer that resulted in the issuance of the Civil Violation Notice. (B) An appeal of the Civil Violation Notice shall be accomplished by filing a written request with the Office of the City Clerk not later than seven (7) calendar days after the service of the Civil Violation Notice. (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 M8flager Director 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 ofthe violation, and penalties may be assessed accordingly. CD) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, as per Chapter 162 of Florida Statutes. Section 11. 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 herein, the City M8flager Office ofthe City Clerk, 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 Office ofthe City Clerk shall send a notice of hearing by first class mail, or by certified mail to the named Violator at his last known address. The Code Enforcement and 02001- _ Reestablishing Code Enforcement Procedures 7 Licensing Department may post the hearing notice, at the request of the City Clerk. The notice of hearing shall include, but not be limited to, the following: (1) Name of the Code Enforcement Officer who issued the Civil Violation Notice. (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-examine 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 five (5) 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 basis or upon the request of the Director. Except for such circumstances as described in seetion 6(B) aBe>re herein, 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 transoribed at the expense of the party requestillg the transeript by the Office of the Citv Clerk. (G) The City Clerk shall provide clerical services and 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 Director or his designee. The Manager shall have the authority to retain legal counsel pursuant to parameters that may be adopted by the Commission. 02001- _ Reestablishing Code Enforcement Procedures 8 (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 propollderanoe of the evidence substantial competent 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 Civil Violation Notice 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 re-determination 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, s/he may be held liable for the reasonable cost ofthe administrative hearing, at the discretion ofthe Special Master. (N) The fact-finding determination of the Special Master shall be limited to whether or not the violation alleged occurred, and, if so, whether the person named in the Civil Violation Notice 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. If the Special Master reverses the decision of the Code Enforcement Officer and finds the named Violator not responsible for the Code violation in the alleged in the Civil Violation Notice because the department did not present a preponderance of substantial competent evidence to indicate that such violator is responsible for the violation, then, and in that case, 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 12 of this Ordinance any circuit court appeals. (0) The decision the Special Master affirming the decision of the Code Enforcement Officer, shall include the following elements: (I) Amount of civil penalty. (a) Prescribed in the scheduled of civil penalties as adopted herein. (b) Gravity of the violation. 02001- _ Reestablishing Code Enforcement Procedures 9 (c) Actions taken to correct Stleh said violation. (d) Any previous violations committed by the violator of a similar nature. (e) The Special Master may reduce the fine amount imposed. (2) Administrative costs of the hearing in the amotiflt of sixty ($60.00) dolllH's, which shall represent the average of actual costs incurred in preparation by the City for the conduct of the specific hearing. (3) Date by which the violation must be corrected to prevent resumption of Continuing Violation penalties, if any. Section 12. Reco'lerv of Unpaid Ciyil Penalties, Unpaid Penalties to Constitute a Lien; Foree1oslH'e. Appeal of Order of the Special Master. (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, said 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 in 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. Section 13. f..ppeals of Order Rehearing. Upon a filing of a petition for re-hearing by a Violator or by the City, a Special Master may rehear a case: (1) To take additional testimony or issue a new order. The petition must be filed with the City Clerk and must demonstrate that there is newly discovered evidence which could not have been discovered through the use of due diligence prior to 02001- _ Reestablishing Code Enforcement Procedures 10 the original hearing and which will probably change the result if a re-hearing is granted, or (2) The Special Master has overlooked or failed to consider something that renders the order issued erroneous. Each petition for re-hearing must be filed within ten (10) days of the filing of the last order issued in the case. Section 14. Pro'/isions Contained Herein are 8upplemeRtal. Recovery of Unpaid Civil Penalties. Unpaid Penalties to Constitute a Lien: Foreclosure. (A) 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 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 that remains unpaid, the City may foreclose or otherwise execute the lien. ill Prior to the filing of the order imposin~ any civil penalties The Code Enforcement and Licensing Department shall endeavor to notify the subiect property owner of any civil penalties due to the City as follows: W A "Second Notice" detailin~ the nature ofthe penalties and amount(s) due if payment of the penalties is not received by the due date prescribed in the Civil Violation Notice or the Order of the Special Master. @ A final notice titled "Notice of Intent to Lien" thereafter if the subiect property owner fails to pay the amounts due within 10 calendar days of the service of the "Second Notice". ill No such notices shall be required if the alleged violator fails to appear at the subiect Special Master Hearing. In such a case the order of the Special Master shall be the final notice of intent to lien. ill Any and all orders recorded by the Office of the Citv Clerk that imposes penalties as prescribed herein shall not be satisfied without the approval of the Office of the City Attorney in coni unction with the Special Master based on a recommendation from the Director of the Code Enforcement and Licensing Department. (B) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties and code enforcement liens. 02001- _ Reestablishing Code Enforcement Procedures 11 , I (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 affected 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. Section 15. }"dditional Enforcement Powers. Provisions Contained Herein are Supplemental. 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. Section 16. 8chedlile of Civil p0flalties. 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. Section 17. R6{leal of Confliet Proyisions. 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-10 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 herein a penalty shall be imposed which shall not be less than $25.00 nor more than $250.00 $500.00 per day for a first violation and shall not be less than $50.00 nor more than $500.00 $750.00 per day for a repeat violation. For the purposes of continuing violations, each day shall constitute a separate violation. Section 18. Rehearings. Repeal of Conflict Provisions. Except for Section 8CC-10 (Schedule of Civil Penalties) that 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. Section 19. 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. 02001- _ Reestablishing Code Enforcement Procedures 12 . Section 20. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained that the provisions ofthis 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 re-Iettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 21. Effective Date. This Ordinance shall be effective ten days after adoption on second reading. PASSED AND ADOPTED ON FIRST READING this 20th day of September, 2001. PASSED AND ADOPTED ON SECOND READING this 16th day of Octo e ,2001. vv A TTESJ::" r ,. Iii *-t, . . , ! '. ,. c~ APPR0VEDAS TO FORM AND LEGAL SUFFICEENCY M. Dannheisser, City Attorney Moved by: CD~1~ J,.~.... Seconded by: \J ~cJl ~ K~ VOTE AS FOLLOWS: S'"-O Mayor Samson Vice Mayor Kauffman Commissioner Edelcup Commissioner Goodman Commissioner Iglesias ( v)yes ( ( c./ )yes ( ( v' )yes ( ( i/ )yes ( ( ,/ )yes ( )no )no )no )no )no 02001- _ Reestablishing Code Enforcement Procedures 13 CODE ENFORCEMENT (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 Miami-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 proceed- ing provided that all administrative remedies have been exhausted. Failure to make such appli- cation 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 SCC-8(a), all findings of the hearing of- ficer shall be admissible in any proceeding to coUect unpaid penalties. (Ord. No. 85-33, * US), 5-21-S5; Ord. No. 86-22, ~ 1, 3-18-86; Ord. No. 90-6, f 1, 2-6-90; Ord. No. 91-127, ~ 2, 10-15-91) ~ see-lo Sec. 8CC-9. Provisions contained herein are supplemental; ,eneral penalty for failure to correct violations. (1) Nothing contained in this chapter shall prohibit Miami-Dade County from enforcing its Code by any other means. The enforcement pro- cedures 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. (2) It shall be unlawful for a named violator found guilty of a code violation pursuant to Sec- tion 8CC-S(c) or Section SCC-6 to fail to correct the violation as set forth in the uniform civil violation notice and said failure shall be a sepa- rate offense punishable as set forth in Section 1-5 of the Code of Miami-Dade County, Florida. (Ord. No. S5-33, f 1(9), 5-21-S5; Ord. No. 99-55, ~ 6, 5-25-99) Sec. seC-I0. 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 ace, regardless of whether all acttvities 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 Description of Vwlation Civil Penalty 2-S.1 2-100ldl Disclosing false information Illegal object(s) in the right-of-way not conforming with Public Works Manual $ 500.00 200.00 Supp. No. 26 1272.1 ~ SCC.IO Code Section 2-103.1 2-103.1 2-103.1 2-103. 15(d) 2-103. 15(d) 2-103.15(d)(l) 2-103. 15(d)( 2) 2-103. 15(d)(3) 2-103. 15(d)(4) 2-103.15<d)(5) 2-103.15(d)(6) 2-103.16 Violation of Article XVII Section 2-119(a) and (b) 2-103.21(H) 2-103.21(1) 2-970 2-973 MIAMI-DADE COUNTY CODE Description of Violation Civil Penalty Construction in right-of-way without permit Construction in right-of-way nonconforming with public works manual 200.00 200.00 Illegal paving or drainage construction on private property Illegal signs in right-oC-way which penetrate or injure a tree Illegal signs affixed to tree Illegal signs in the right-of-way constructed of a material known as paper (made of cellulose pulp, derived mainly from wood used mainly for writing, printing, etc.), card- board, or any other material known a3 paper lllegal signs in the right of way affixed with an adhesive or glue, or secured with bricks, rocks, concrete blocks, metal rods or any other similar securing device that hinders the removal of the illegal sign Illegal signs in the right-of-way constructed andlor framed in wood, metal, or any other non. paper or non-plastic material up to 22 x 28 inches in total size Illegal signs in the right-of-way constructed and/or framed in wood. metal, or any other non-paper or non-plastic material over 22 x 28 inches in total size Illegal signs in the right-of-way constructed of plastic or other similar plastic-like synthetic material Illegal banners, pennants, or streamers in the right-of-way Placing an article in the public right-of-way without a permit, or failing to remove a newsrac:k after a permit has been denied 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 functi.)ns of a branch auto tag agency without prior written approval from the County Manager Unauthorized use of fire hydrant Unauthorized tampering with fire hydrant Resisting or obstructing enforcement Violation of the terms of a consent agreement 200.00 500.00 500.00 100.00 250.00 200.00 500.00 200.00 500.00 100.00 500.00 500.00 500.00 500.00 500.00 200.00 All other Chapter 2 violations Supp.No.26 1272.2 CODE ENFORCEMENT lacc-I' Cock CiviL S<<tion ~scription of VIOlation PtfUJlty 4-3(a) Providinr ambuJance service without. certificate or public 500.00 convenieDc:e and necessity 4-3(a) Advertising ambulance service without. certificate of pub- 500.00 lie convenience and necessity 4-7(a) Chaqing an unlawful rate 500.00 "-7(a) Failure to poet ratee 50.00 4-8(a)(2) Failure to maintain twenty-fOUl' (2..) hour public telephone 500.00 ac:cesa ....a)(3) Failure to provide the countYlIUlnapr with . current lilt of 500.00 telephone numbers and addn!S1l8S 01 respoaaible naanap- ment personnel 4-8(a)(4) Failure to provide servic:e twenty-four (24) hours each and 500.00 every day 4-8(a)(5) Failure to promptly answer every telephone call for serviee 500.00 4-8(a)(6) Failure to load and transport patients with a medical 500.00 emerpncy reprdless of ability to pay 4-8(a)(7) Failure to provide each transport unit with direct two-way 500.00 communications with a central dispatcher at all times 4-8<aJ(8) Failure to tape record all radio and telephonic service 500.00 related conversations requesting ambulance service re- ceived throuch the communications center 4.81 aIC8} Failure to maintain radiO and telephonic tapes for at least 500.00 sixty (60) days 4-S( a)(9) Failure to inform complainants of their ri,ht to redress 500.00 unresolved p"ievances by providing the name, mailing ad- dress and telephone number of the office designated by the county manapr to enforce provisions of this article and receive complaints 4-s( c) Hirinr of individuals in violation of Section 4-SCb) 500.00 4. 13(c) Enraging an ambulance or air ambulance with intent to 1,888.88 defraud the certificate holder 500.00 4-16(a) Advertising without the existence of a certificate of public 1.888.88 convenience and necessity from Miami-Dade County 500.00 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 Supp. No. 26 1272.3 liSCC-10 MIAMI-DADE COUNTY CODE Code Civil Section Description of Violation Penalty 5-2.2(b)( 1) Inadequately maintained housing facility for animals. 200.00 5-2.2(b)(2) Failure to provide water or water not free of debris. 200.00 5-2.2(b)(3) Improperly stored food. 100.00 5-2,2(b)(4) Inadequate ventilation. 200.00 5-2.2(bX5) Failure to provide shade or insufficient shade. 200.00 5-2.2Cb)(6) Failure to meet primary enclosure standards. 200.00 5-2.2(b)(7) Inadequate or insufficient food. 200.00 5-2.2(b)(8) Failure to clean primary enclosure, 200.00 5-2.2(b)(9) Improper separation of animals 500.00 5-2.2(c)( n Failure to administer required vaccines and anthelmintics 500.00 to a dog or (ailure to test a dog for heartworm before offering it for sale or the appropriate time prior to sale. 5-2.2(c)(2) Failure to administer required vaccines and anthelmintics 500.00 to a cat or failure to test a cat (or feline leukemia before offering it for sale or the appropriate time prior to sale. 5-2.2(c)(3) Failure to microchip a dog or cat prior to sale. 500.00 . :.;..:;./ 5-2.2(c)(4) Failure to have current official certificate of veterinary 500.00 inspection at all times a dog or cat is being offered for sale or is sold. 5-2.2(c)(6) Offering for sale or sale of a dog or cat prior to eight (8) 500.00 weeks of age. '. Supp. No. 26 1272.4 CODE ENFORCEMENT t 8CC-IO Code Civil Section Description of Vwlation PeTl4lty 5-2.2(c)(7) Failure to provide records for inspection. 500.00 5-2.2(d)(l) Sale or breeding of Wolf-hybrids. 500.00 5-2.2(e) Failure to obtain a commercial breeder's license. 500.00 5-2.2(e)(6) Operating as a commercial breeder after suspension reva- 500.00 cation or denial of a commercial breeder's license. 5-2.2(1) Failure to register as a hobby breeder. 250.00 5-2.2(g) Failure to obtainlrenewkennellicense. 250.00 5-2.2(g)(6) Operating a kennel after suspension, revocation or denial of 500.00 a kennel license. 5-2.2(h) Failure to obtainlrenew pet store license. 250.00 5-2.2(h)(6) Operating a pet store suspension, revocation or denial of a 500.00 pet store license. 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 anim81s 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 mannP.r First Oft'ense 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 OtTense 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. 23 1273 t SCC-lO MIAMI-DADE COUNTY CODE Code Civil Section Description of Violation Penalty 5-6.2(b) Failure to confme dog during danprous dog investigation 100.00 or hearings; failure to provide address where the Anjm~J resides; relocating the dog during the investigation or hearings; or transfer of ownership during the investigation or bearing 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 attackslbites person or other animal 500.00 5-6.2(n)( 1) Dog not classified as dangerous attac.ks/severely injures or 500.00 ~ causes death to person 5-6.2(n)(2) Dog Dot cl888itied as dangerous attacks/severely uvures or 500.00 causes death to animal 5-6.2(0) Dangerous dog attacks/severely iJUures 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 confme pit bull dog 500.00 Supp. No. 23 1274 CODE ENFORCEMENT A see-tO Code Section Description 0( Violation Civil Penalty 5-17.3 Failure of the owner of pit bull dog to maintain insurance or other evidence of tinancial responsibility Failure to register pit bull dog Acquisition or keeping Ilf pit bull dogs Failure to post pit bull sign Violations of dogfJghting prohibitions Failure to vaccinate cat against rabies South Florida Building Code violations: ~ 104.9(d)(l): Failure of the owner ofa 40 yenr old building to furnish required written report to the Building Oftlcial * 104.9fdl(5): Failure of the owner ofa 40 year old building to complete required repairs or modifications ~ 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 sheds ~f 105.3, 305.3, 3326: Failure to secure buildings and equipment * 201.1<b)( 1): Failure of property owner or permit holder to allow entry IIf 201.lCe), 201.3<e}: Failure to comply with lawful stop work order ~ 301:, Failure oC owner-builder or contractor to obtain permit * 304.1: Failure to display permit card * 305.2: Failure to obtain mandatory inspection * 307.1: Failure to obtain required Certificate of Occupancy ("CO") prior to use or occupancy or before a temporary CO expires * 307.5: Unlawfully connecting utility service ~ 308.1: Failure to obtain required Certificate of Completion ("CC" I prior to use or occupancy or before a temporary CC expires * 515: Failure to provide required handicapped accessibility 500.00 5-17.4 5-17.6 5-17.7 5-18 5-20 8-1 500.00 500.00 500.00 500.00 50.00 500.00 500.00 500.00 200.00 500.00 500.00 500.00 500.00 100.00 500.00 500.00 500.00 500.00 500.00 Supp. No. 29 1275 t ICC.10 MIAMI.DADE COl1NTY CODE CoM Civil S<<tion Description 0( Vwlatioll P~raalty I 2402.1: Failure to properly lUanI and protect an excava- 500.00 tion 1240"2.1: Failure to properly underpin 01' protect a footinc or 1,888.88 foundation against settlement caused by an excavation 500.00 I 2402.2: Unlawfully maID.... an acnvatiOll which endan- 1,888.88 pn acljoiaia. property or buildinp or is a menace to public 500.00 health or safety I 3203.3: Failure of owner 01' owner's apnt to promptly 500.00 notify the Buildiq Ofticial of an accident involviq any equipment the owner is required to maintain under Section 3203.2 f 3203.3: Failure of owner 01' owner's spnt to obtain the 1,888.88 approval of the Buildina Official prior to placin8 any equip- 500.00 ment the owner is required to maintain under Section 3203.2 back into service after an accident f 3203.3: Unlawfully removing from the premises any 1,888.88 damaged COnatructiOll or operating mechanism prior to 500.00 inspection by the Buildina' OtTu:ial ' , . .. ,- f 3203.4fb): Unlawfully pluing a new. altered, or moved 1,888.88 elevator, dumbwaiter, escalator. transporti... assembly or 500.00 amusement device into operation without first obtaining the required certif"acate of operation f 3203.4(el(l)(bb): Unlawfully operating a passenger or 1,888.88 freight elevator, dumbwaiter. escalator, transportinc assem- 500.00 bly, amusement device, building hoist or other liftinc appa- ratus without a posted current, valid certificate of operation I 3203.4(e)f2): Failure to properly post the required celtif. 500.00 icate of operation f 3203.4IeJf3ICcc): Failure to properly p:J8t the required 500.00 limited certificate of operation f 3203.7: Failure to use metal in replacement of wood 500.00 overhead beams, guide rails and cadrames * 3604.2: Failure to illuminate parking lots, alleys and 500.00 access thereto for groups A. B. C. and J occupancies f 3604.3: Failure to illuminate parking lots. alleys and 500.00 access thereto for group D occupancy ~ 3604.4: Failure to illuminate parking lots. nlleys and 500.00 access thereto for groups E and F occupancies SuPt,. :'40. 29 1276 : Cot:U Section CODE ENFORCEMENT INscription of Violation t 3604.5: FailUl"e to illuminate parkinr lots, alleys and aeeess thereto tbr JI'OUP G occupancy 1 3604.6: FailUl"e to illuminate parkinr Iota, alleys and access thereto ... JI'OUp H ocaapancy 14006.6(a): Failure to obtain a certificate ofillspection prior to plac:iq in operation or continuing in operation any boiler or pressure veuel I 4006..,): Failure to po8t the requind certificate of inspection for a boiler or preuunt veueJ All other South Florida Building Code violations SA-l.1f b) Failure to provide County approved visitor information map SA-l.Ue) Failure to obtain sipeel or initialed aclmowledpent SA-l.UeJ SA-I.Ue} SA-l.Un 8A-2 SA-4(a, SA-4CbJ SA-4( c:) SA-5 SA-6la), lb. and (e) SA-7 8A-75 8A-76.lCAJ 8A-76.1(BJ 8A-82.1 StIPl', N". 2"J Failure to maintaia J'eCo:Jrds Failure to provide records upon the Directol's request Improper alteration or modification of an approved visitor information map Renting car with car rental markings Failure to display or maintain proper motor vehicle fuel price sign Failure to display or maintain motor vehicle Cuel price sign conforminc to listed requirements Failure to display prop.3r supplemental motor vehicle fuel price sign Price gougin, durin, df"Clared state oC emergency Disclosure requiremenu for retail shutter sales Solicitin, motor vehicle repair work within one thousand <<1,000. yards oCFIorida Motor Vehicle Inspection Station on public road or public right-of-way Violation of Cair packaging act Failure of a retail establishment to display identification on shopping carts Failure of a retail establishment to retrieve shopping cart from Department of Solid Waste Management Violation of any term or condition of a written assurance of compliance 1276.1 , ace.lo Ciuil hllalt.y 500.00 500.00 1,888.81 500.00 500.00 200.00 250.00 250.00 250.00 250.00 250.00 100.00 200.00 200.00 200.00 500.00 500.00 &.888.88 500.00 100.00 100.00 100.00 per shopping cart 500.00 Ii IJCG-l0 l\f(AM(-DAOE COUlIo'TY CODE Code Ciuil Section Description of Vwlation Penalty SA-85 Selling, keeping, offering or exposing for sale, or disposing 500.00 of any commodity ordered off sale, marked, or tagged as provided SA-56 Violation of the terms of a stop-use, stop-removal. or re- 500.00 moval order 8A-go Failure to correct or dispose of rejected weights and mea- 500.00 sures SA-93 Selling commodities by improper unit of measure 100.00 8A-94 Improper packaging of commodities 100.00 8A-95 Failure to include unit price on package 100.00 8A-96 Misleading packaging 200.00 8A-97 Improper advertising of packaged commodities 100.00 8A-98 Nonconformance with packaging and labeling regulations 100.00 promulgated by the Director 8A-98.l Failure to properly label perishable food packages with 200.00 proper terminal shelf life date ~ 8A-98.2 Improper packaging of specified meats. poultry, fISh or 100.00 seafood " Supp. Nu. 29 1276.2 CODE ENFORCEMENT lacC-Io .Cotk Ciuu Section Ihscription 0( VIOlation Pe1UJlty &A-99 Failure to use "net weight" when selling a collllllOdity by 100.00 weiPt 8A-l00 Failure to .n .pecified meats, meat products, poultry or 100.00 seafood by weicht SA-IO! Improper sale of bread 100.00 SA-tOO Improper sale of butter 01' margarine 100.00 SA-tOO Improper sale 0( ftuid dairy products 100.00 8A-I04 Improper pacbPna' 0( flours, COI'II meal or hominy ,nts 100.00 8A-too Failure to provide duplicate delivery ticket when delivering 100.00 bulk deliveries of commodities mid in terms or w-Pit 8A-I06 Improper sale or delivery or furnace or stove oil 100.00 8A-I07 Improper sale o( berries or small fruits 100.00 8A-I08ca) Making or disseminating untroe or misleading advertise- 500.00 ments 8A-I08cb) Misleading or deceiving public throqh use of variations in 500.00 size of marking in advertiRments, price tap, etc, SA-IOSh:) Failure to properly define "wholesale. in advertisements 500.00 SA-lOBed' Improper advertising as provided 500.00 SA-I09 Improper advertisement of meats 200.00 8A-1l()(a' Failure to properly advertise the complete purchase price 500.00 8A-1l0(b) Untrue or misleading representation o( character 500.00 8A-llOh:) lUegal use o( words "Public Notice," .Public Sale." etc. 200.00 8A-tIC)(d) Failure to properly display contingency, condition or limita- 500.00 lion on an ofFer 8A-1l0.1 Discrimination in Tipping 1,888.88 500.00 8A-1l0.1 Failure to Properly Post Required Notice 500.00 SA-Ill MisrepresenLation of price 200.00 SA-Ill.l Obstruction oC price screen 500.00 8A-1l2 Failure to provide (or Dr allow proper checkwejgbing of 100.00 prepackapcl commodities 8A-1l3 Engaging in deceptive trade practices 500.00 8A-114 Failure to provide baby diaper-c:hanpng accomodations 500.00 8A-1l5<a) Possession or use of incorrect weight or me3sure 200.00 SlIpp. No. 27 1277 t seC.IO Code &clwn 8A-ll5(bJ 8A-115(c) 8A-115(dJ 8A-ll5(e) SA-Us( f) SA-llS(g) 8A-l15Ch) 8A-115m 8A-1l5(j) 8A-117 8A-U8 8A-1l9 8A-124.UaJ 8A-124.Ub) 8A-124.8 8A-124.13 8A-124.14 8A-124.15 8A-124.16 8A-124.17 ~upp. No. 27 MIAMI-DADE COUNTY CODE lk<<ripliota of VIOlation Civil PrlUllty Possession or use of unmarked or unsealed weipu or measure 200.00 Improper disposal of rejected weight or measwe Improper removal of mark or seal from weight or measure Misnapresentation of quantity Misrepresentation of quantity by buyer lIIepl sale or advertisement of commodities or services Improper placement o( weilht or measure Selling perishable food without a proper terminal shelf life date on the label Improper packaging of meat Hindering or obstructing Director or inspector Impersonation of Director or inspector' Violation of adopted misdemeanor statutes Display or advertisement of go-carts c'r mini bikes without required words as prescribed Failure by seller to obtain proper signed statement from a purchaser o( a ~cart or mini bike Price discrimination because of gender All other Chapter 8A Article III, Division 6 violations Failure to deliver title loan agreement with all information and disclosures required in sec. 8A-124.13. Penalty (or each item or noncompliance. Charging interest or other charges prohibited by sec. 8A- 124.14. Penalty (or each item of noncompliance. Failure to return certificate of title, or repossess and dispose of vehicle in compliance with sec. 8A-124.15. Penalty for each item of noncompliance. Failure to redeem title or replace lost title loan agreement in accordance with sec. 8A-124.16. Penalty (or each item of noncompliance. Operating or advertising a title loan business without a current valid license. Penalty for each item of noncompli- ance. 200.00 200.00 200.00 200.00 200.00 200.00 200.00 100.00 500.00 500.00 500.00 500.00 .".. . 100.00 500.00 200.00 1.886.M 500.00 1,888." 500.00 1,888.88 500.00 500.00 1,888.88 500.00 1218 Code Section 8A-124.18 8A-124.19 8A-147 CODE ENFORCEMENT ~ see-lo Description of Vwlation Ciuil Penalty Failure to maintain and disclose records in accordance with sec. 8A-124.18. Penalty for each item of noncompliance. Violation of any provision of sec. 8A-124.19. Violations. Penalty for each item of noncompliance. Violation of any other provision of Division 7. Penalty for each item of noncompliance. Failure to display schedule of charges for check-cashing services 500.00 500.00 500.00 200.00 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 8A-I57 8A-158 8A-I60 8A-160.1 8A-161.4 8A-161.5eel 8A-16I.7(al and (bl 8A-161.9 8A-161.10 8A-161.11 8A-161.13 8A-I61.14 8A-161.15 8A-16I.24 8A-161.26 8A-161.28 Supp. No. 27 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 prl~sent proper invoice for motor boat repair work Failure to obtain registration Failure to notify of changes Failure to maintain records or permit inspection; failure to retain complaints; and failure to follow compliant proce- dures Unfair and deceptive practices Violation of Section 8A-I6!.lO Violation of Section 8A-161.11 500.00 500.00 500.00 200.00 200.00 500.00 200.00 200.00 500.00 500.00 500.00 500.00 200.00 200.00 500.00 500.00 500.00 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 1278.1 !lSCC-IO MIA.\1I.DADE COUNTY CODE Code Section Description of Violation Civil Penalty 8A-161.31 8A-161.33 8A-161.34 Mechanic and technician certification required Failure to display certificates Failure to maintain items required for motor vehicle body repair facilities and motor vehicle paint facilities Failure to maintain items required for motor vehicle me- chanical repair facilities Failure to state registration number in advertisements 500.00 200.00 500.00 8A-1t? 1.34.1 500.00 8A-161.37 8A-l71, 8A-224 Failure to obtain a Miami-Dade County occupational li- cense 200.00 500.00 100.00 AIl other Chapter SA, Article VIlA violations Failure to notify Tax Collector of takeover or purchase of existing business AIl other Chapter 8A, Articles IX and X violations 8A-175, 8A-227 50.00 8A-253(a) Failure to label or improperly labeling or advertising meat for sale at retail Improper labeling of meats Use of false or misleading terms for identifying meats Improper advertising when additional meat name used Insufficient supply of advertised meats Failure to label or. advertise, or improperly labeling or advertising previously frozen meats Sale or offer for !'lale, serve, expose for sale. or have in possession with intent to sell meat, poultry, food or food product falsely represented to be Kosher. Kosher for Pass- over, or under Rabbinical Supervision False representation as Kosher by failure to comply with display and handling requirements Failure to comply with identification requirements Failure to comply with filing requirements Failure to comply with records requirements Failure to comply with inspection requirements Failure to provide copy of investigative consumer report Excessive charge for copy of investigative consumer report 100.00 200.00 8A-253(b) 8A-256 8A-258 8A-259 8A-260 200.00 200.00 200.00 500.00 500.00 8A-262 500.00 HA-263 500.00 200.00 250.00 500.00 500.00 100.00 100.00 8A-264 8A-265 8A-268 8A-269 SA-272 8A-273 Supp. No. 27 1278.2 -Code , Section 8A-274.1 8A-274.2 BA-274.3(a) BA-274.3(b) BA-274.3(c) SA-274.3(d) SA-327(a) SA-327(c) SA-327(e) SA-337 CODE ENFORCEMENT f SCC-I0 Description of VUJlation Civil P.nalty Failure to notify of deleted or disputed information on an in~ative consumer report Failure to supervise inezperienced field representatives Failure to conduct background investiptioas Failure to conduct written ~Amill8t.ion of field represeata- tives Failure to furnish identification card; failure to poesess same Failure to notify of employment or termination Eopginr in the butine&l of a mover without bavia, lint obtained a registration certificate Failure to notify of changes Failure to display registration certificates Failure to maintain records or permit inspection 200.00 200.00 200.00 200.00 100.00 200.00 B.!88.. 500.00 500.00 200.00 1,888.. :s&Y.& 00 All other Chapter SA Article XVI violations SA-36O(a) Engaging in the business of a locksmith without having first obtained a business repstration Failure to notify of changes Failure to display reJistration certificate Engaaiq in locksmith work without first having obtaiDed locksmith certification Failure to display locksmith license identification card EllIagiq in lnelumith work without first havine obtained a locksmith apprentice permit Engaged in any other prohibited practice Aiding or abetting unregistered business or unliceued locksmith All other Chapter 8A Article XVII violations SA-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 SA-385(a)(3) Failure to provide accurate billing and/or appropriate bill format 8A-361(f) SA-362(b) 8A-364(a) SA-366(c) SA-368 SA-369 SA-369(g) Supp. No. 31 1,888.. 500.00 200.00 200.00 1,888.88 500.00 200.00 200.00 500.00 1,888.88 500.00 200.00 1,688.. 500.00 500.00 500.00 1,888.88 500.00 1279 Failure to complete investiptions of disputed bills within thirty (30) daya Failure to use the appropriate type lubmeter Failure to provide proper aubmeter testa and inspectioas Failure to test IUbmeters upon Resideat request and/or failure to IIIe the appropriate testilll facility SA-386CbX3) Failure to provide test results in a timely manaer SA-386CbX5) Failure to provide certificate or accuracy .. the submeter 8A-386(c) Failure to use certified testing facilities and equipment SA-402 Price discrimination based on gender All other Chapter SA, Article x.vm violations SAA-3 Operating a cable system without a Miami-Dade County license t acC-IO Code &clion SA-385(aX5) 8A-386(aX 1) 8A-386(bX 1) 8A-386CbX2> SAA-12 BAA-I4 SAA-21, 8AA-22 BAA-23, 8AA-24 BAA-27 BAA-31 BAA-35(g> BAA-36(c) BAA-36(d) BAA-39 BAA-41 8AA-42 BAA-45 SAA-47 SAA-48 8AA-5O(b), SAA-50(ct SAA-5O(fl Supp. No. 31 MIAMI-DADE COUNTY CODE Dacription of VIOlation Ciuil P,lUIlty 250.00 1,588.. 500.00 ~O 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 ~, ,."~ 500.00 ' '.:.::~'. :~., 500.00 500.00 500.00 100.00 50.00 50.00 100.00 200.00 50.00 50.00 50.00 100.00 100.00 500.00 200.00 Installing facilities or providing services outside priority service area Failure to obtain approval to transfer a license Failure to maintain insurance Failure to maintain bond or letter of credit Failure to comply with construction and limitations Failure to submit construction plan Failure to bury drop cable Failure to properly identify vehicles and field personnel Failure to maintain membenhip in U.N.C.L.E. ImproperJl'Ounding Failure to provide equipment for hearing impaired Failure to provide standby power Failure to provide AIB switch Failure to provide emergency override facilities Failure to service public building Failure to provide required educational and government access channels Failure to contribute capital costs 1280 CODE ENFORCEMENT f seC-I0 Code Section Description of Vwlation Ciuil Penalty 8AA-52, 8AA-53, 8AA-54 8AA-57(a) Failure to comply with record and reporting requirements 100.00 Failure to maintain office 100.00 " Supp. No. 31 1280.1 . Code &ctio" 8AA-57Cb) &AA-57Cn &AA-58(c) 8M-10I 8M-105. 106 &M-110 &M-lll, 115 fa)- Cn. 116,"117, 118. 119. 120. 121 8M-USCg) 8M-124 8AA-I25 1002X 1003(a) 10-3(01) 10-4( a) 1004fb) 10-4fc) 10-4.1 10-& E t 10-13 10-13-1 10-19 10-22( a t 10-22cbt IO.22(ct SurP. No. 29 COOg ENFORCEMENT 1lK.~C.10 ~xript;on of Violation Citli/ Penalty Failure to maintain telephone system Failure to maintain oftice hours Failure to extend .rvice to development Failure to obtain a telecommunications license Failure to comply with record and reporting requirements Failure to obtain approval to traufer a license Failure to comply with CORStructiaa and safety require- lDents 100.00 100.00 100.00 5.888.. 500.00 500.00 i,588." 500.00 500.00 Failure to bury distribution system Failure to maintaiD inslll'8llCe 100.00 500.00 500.00 . Failure to maintain faithful performance bond or letter ,of credit . c Failure to provide journeyman No certificate of competency as a nuuter, contnu:tor, sub- contractor. or qualifying apnt No certificate of compett..ancy as a journeyman, maintenance person, instaUer or other similar tradesman Advertisin, as a contrdCtor without certificate of compe- tency Failure to properly identify trucks Failure to include certificate of competency number in advertisements Publishing contractor advertisement without inc1udu.. coo- tractor certification number Failure of qualifying agent to supervise. direct and. control work Failure to maintain proof of continuous employment Failure to maintain proof of continuing education Failure to maintain teqllired insurance Contracting for work au tside the scope of the certificate of rompetency Abandonment of job Diversion of funds or property 500.00 500.00 200.00 500.00 100.00 100.00 500.00 500.00 200.00 200.00 200.00 500.00 500.00 500.00 1281 f tK~C.lO Cod, Section 1().22(d) 1 ().22(e' 10-22m 10-22(,) 10-2-l(hM 1 t l0-22(hJ(2) 10-22ChM3) lO-DbJ(4t l0-22fj) 10-22fk, 10-22(11 10-22.1(al 10-22.Ub) 10022.1tct 10-22.UdH 11 10-22. U dH 2) 10-22.Uel 10-33 MlAMl.DADE eQUIII'TY CODE Description. of VUJlarion Departure from or disrepnl or plana or ..-cifications Violatine laws pertainin, to contractor's business Misrepresenting a material fact ill an application to obtain a certificate Failin, to fulfill contractual obliptions Aiding and abetting a person not holding a certificate Allowm, a certificate to be used by an unauthorized person Failure or permit holder to supervise. direct and control a job Subcontracting work to person not holding a certificate Failure to supervise, direct and control all work Failure to maintain insurance or worun compensation cove... Failure to maintain business or financial records World. outside the scope or the certificate or actinc as a contractor Departure from or disregard of plans or specifications without consent of the qualifying agent Misrepresenting a material fact in an application to obtain a certificate Aiding or abetting any person not b.,lding a certificate of competency Allowing a certificate to be used by an unauthorized person Committing a fraudulent act" Failure to provide construction lien disclosure All other Chapter 10 violntions 13-1810 Exceeding peak particle velocity by .05 inch per second for single blasting event i first violation I f second violation' 1-1.1 14-4 14-1OC4' ~"IIIJ. :'40. :!9 3.000.00-10.000.00 Setting fire without pennit Creating or mnintaining fire hazard Failure of fire alarm user to post on premises names of individuals able to de-activate alarm 1282 Ciuil PfruJlty 500.00 200.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 ,~ .., "...- 500.00 500.00 500.00 500.00 500.00 500.00 200.00 500.00-1,888.88 200.00 200.00 250.00 CODE ENFORCEMENT * t!C<;.lO . Cod~ . &clion De6Cription of V&Olalion Ciuil Penalty 15-2.1 Third ralse fire alarm in one (1) calendar year Fourth and each additional raise fire alarm in one C U calendar year Failure to file certificate of inspection Sections 5.201 and 5.204 of South Florida rire Prevention Code incorporated by refennc:e in Sec. 14-4OtA) Violation of uniform fire safety standards Failure to obtain required permit or violation or condition of permit 14-56 VIOlation oCSouth Florida Fire Prevention Code 14-56 VIOlation oCstandards ~t forth in Section 14-58 14-62 Refusing to aUow inspection All other Chapter 14 violations 15-2 Utilizing the waste collection services or an unauthorized waste collection agency by a COIIlmercial establishment Having waste container at curbside. ript-of-way. or street edge before or after specified hours 01 normal collection day Unauthorized removal.)f recyclable materials or recycling containen with the use of a motorized vehicle 14-IOlS) 14-10(5) 500.00 14-10(6) 14-401AJ 14-44 14-53 200.00 200.00 200.00 200.00 200.00 200.00 15-2 1Je". GO 500.00 100.00 250.00 15-2.2 Unauthorized removal I)f recyc:lable materials or recycling containers without the use oC a motorized vehicle Failure by multifamily residential establishment having up to 25 units to provide ;) recycling pI'OII'8m in compliance with the requiremenu of Section 15-2.2 50.00 15-2.2 300.00 St".,. Nu. 29 1282.1 Code Section IS-2.2 15-2.2 15-2.3 15-2.3 15-2.3 IS-S 15-5 15-5.2 15-6(bXIOI 15-6(bX 1), (3) 15-6<b)( 1>, (3) 15-6<bX 1). (3) IS-6<b)(2) IS-6(bX4) IS-6<bXS) 15-6(bJl6) Supp. No. 18 CODE ENFORCEMENT f ICC-IO lhscription of VIOlation Ciuil Penalty Failure by multifamily residential establishment havinr between 26 units and 101 units to provide a recycJinc pfOll'am in compliance with the requirements of Section 15-2.2 Failure by multifamily residential establishment having 101 or more units to provide a reqclinc IJI"OII'8ID in compli- ance with the requirements of'Section 15-2.2 Failure by commercial establislunent havinc up to and indudinc 3,000 squire reet to proride a recycliDc procram in compliance with the requiremenu of Section 15-2.3 Failure by commercial establishment havinc more than 3.000 and less than 10,000 square feet to provide a I1!CJ':lin, procram in compliance with the requirements of Section 15-2.3 Failure by commercial eslolblishment having more lbaR 10,000 square feet to provide a ncyclin, JX'OII'UD in com- pliance with the requirements of Section 15-2.3 Unauthorized bulky or industrial waste on rirbt-of-way Uncontainerized refuse, rubbish. or solid "-ute Failure, by any person utilizing a neighborhood trash and recycling center, to place clean yard truh in areas desig- nated for clean yard trash Delivery by a permitted landscaping business of any mate- ria" other than clean yard trash at a neipborhood trash and recyclinC center General littering in an amount not exceeding 100 pounds in weight or 50 cubic feet in volume Illegal dumpinc in an amount not exceeding 100 pounds in weicht or 50 cubic feet in volume 11181a1 dumping in an amount exceeding 500 poundS in weicht or 100 cubic feet ia volume, or from a commercial vehicle, or for commercial pUrpJSes Illegal dumping in any amount in any body of water Accumulation of litter in any amount at a construction site Dumping a dead animal at any location noted in lS-6<b)( I), (2), or (3) Delivery, by any person, of garbage at a Neighborhood Trash and Recycling Center &18.88 500.00 818.88 500.00 300.00 858.. 500.00 918.88 500.00 200.00 200.00 50.00 200.00 250.00 400.00 l,eee.08 500.00 1,888.88 500.00 250.00 250.00 250.00 1282.3 f ICC.10 DADE COUNTY C')DE Cod~ S~ction lkscription of Violation Ci&,il PelUJlt~ 15-6<b)(71 Unauthorized delivery of solid waste at any Neighborhood Trash and RecycliDg 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 RecycJinr Center Collecting or transporting waste for profit without permit EaPlinc in waste tire transporter without a permit Engaging in the generation of waste tires without a permit Failure tu repster vehicle Failure to provide information required by Section 15-17.9 Utilizing the waste tire collection services of anyone not boldin, a valid waste tire transporter permit 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) Violation of any term or condition of a written consent 17-55Cd) acreeaaent 17-23(1) Kitchen sink, lavatory, tub or shower, or water closet 17 -59( 1) miSllinc 17-23(1) Kitchen sink, lavatory, tub or show..r not supplied with hot 17-59(1) or cold water 17-23(2) Lack of proper privacy-providing door to water closet and 17-59(2) lavatory basin 17-23(2) Lack or proper water closet and lavatory basin facilities 17-59(2) 17-23(3) 17-59(3) 17-23(3) 17.59(3) 500.00 15-6<bk8) 500.00 15-6(bk9) 15-6(b)( 10) 500.00 250.00 15-17 Lack of proper privacy to bathtub or shower 500.00 500.00 500.00 500.00 500.00 250.00 1,8..88 500.00 100.00 500.00 100.00 100.00 25.00 100.00 50.00 200.00 15-17(2 J 15-17(3) 15-74.4 15-17.9 15-17.18 15-25.2 Lack of proper bathtult or shower facilities Supp. No. II 1282.4 CODE ENFORCEMENT f SCC-lO 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 oC 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 oC required electrical convenience outlets andlor light 100.00 17-60(6) fIXture in habitable room, bathroom, shower room, water closet compartment or laundry room 1283 ISCC-I0 DADE COUNTY CODE CotU Ciuil &eIiDa Ducription of VIOlation P,nalty 17.U(7) Lack of adequate lighting in ball or stairway 50.00 17." 17.25(1) Foundation wall not structurally sound or in IIOUDd or in 500.00 17.28(1) state of aood 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) pl'Qper supports 17.25(2) Portion of floor deteriorated 50.00 17-61(2) 17.25(2) Bathroom or kitchen floor not impervious to water 50.00 17.61(2) 17-25(2) Deteriorated or leaking ceiling 100.00 17-61(2) 17-25(2) Deteriorated main sill, column, or wood support beam 200.00 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) 1284 CODE ENFORCEMENT I 8CC.IO Cork Civil &ction 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 11.61(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 detective or 2~.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 sE!cured awning or shutter 25.00 17-61(2) 17-25(3) Deteriorated entrance steps c.r 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 I sCC-10 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 e;(terior surfaces 100.00 17-61(5) 17-25(6) Failure to keep plumbing flXtures, 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) 11-61(6) 17-61(8) 17-25(6) Lavatory basin hot or cold water supply line defective 25.00 17-25(8) 11-61(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 f 8CCIO Code Civil &ction 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 overflclw cover or escutcheon 25.00 17-25(8) 17-61(6) 17-61(8) 17.25(6) Water closet water supply lin~, 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 I 8CCIO DADE COUNTY CODE CoM Civil Seclion 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 18CC-tO Code Civil &ction Description of VIOlation Penalty 17-26(4) Improper access to bathroom, shower room, water closet com- 200.00 17-62(4) ~en~or.~mg~m 17.26(4) Improper access to bathroom, shower ~m, water closet com. 50.00 17-62(4) partaaaent, 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 nxtures, 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 extenninate rodents, insects and vermin in acces- 50.00 17-64(2) sory structure 1289 t seC.I0 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 11-64(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 Cram the hotel or rooming unit of an 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 OCI..'Upant 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 hou3e 1290 COOK INFORCEMENT t SCC-I0 Code . Section Description of VIOlation Civil Penalty 17-29(14) 17-65(14) Letting for occupancy oC 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 17-59(5) Solar water heater lacb thermostatic controlled booster 17-59(5) Solar water heater booster not operating properly All other Chapter 17 violations 100.00 17A-I6(I) 17A-16(3) 17A-I6(1l) 17A-16(1) 17A-16(4) 17A-16(2) 17A-16(4) 17A-I6(2) 17A-16(4) 17A-16(2) 17A-16(4) 17A-I6(3) 17A-16(4) Structure or premises infested with mice, rats, roaches, fleas, or other vermin or pests 50.00 50.00 200.00 SO.OO 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-I6(4) 17A-I6(5) 17A-16(4) 17A-16(5) Main sill or column deteriorated 25.00 Wood support beam deteriorated 25.00 Supp. No. 16 1291 f see-Ii> DADE COUNTY CODE Cock Section Description of VIOlation Civil Penalty 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 200.00 25.00 25.00 50.00 25.00 500.00 100.00 50.00 100.00 \. 25.00 500.00 200.00 500.00 17A-I6(4) 17A-16(5) 17A-16(4) 17A-I6(5) 17A-16(4) 17A-I6(5) 17A-I6(4) 17A-I6(5) 17A-I6(4) 17A-I6(5) 17A.I6(4) 17A-I6(5) 17A-I6(5) 17A-I6(6) 17A-I6(6) Guard rail deteriorated Entrance step or platform deteriorated Awning or shutter deteriorated Stair treads, risers or landing deteri,)rated Stair handrails deteriorated Stair support column deteriorated Stair stringers deteriorated 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 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 Wmdow, door or other exterior opening not properly secured to prevent- human entry All other Chapter 17 A violations Ch. 18A All Chapter 18A Violations 17A-I6(7) 17A-I6(8) 17A-I6(9) 17A-I6(9) 17A-I6(9) 17A-I6(9) 17A-I6(10) 17A-I6(1l) 17A-I6(1l) 17 A-16(12) 17A-I6(12) Supp. No. 16 1292 CODE ENFORCEMENT I SCC-IO C<<k Civil 8<<tion lkICnption of VIOlation Penalty 19-3 ~ public nuisance to exist 100.00 19-4CC) lUepJ disposal of cuttinp, solid. waste or junk 500.00 19-5 Failure to comply with schedule 250.00 19-6 Allowiac . YiolatiYe cooditioo to aUt 250.00 21-20.18 Failure to perf 01'1II criminal history records check in connec:- 500.00 tioo with uIe .. firearm Failure to wait 6ft days in COIlD8Ctioa with the sale of 500.00 firearm 21-28 Exceuive DOise violations 100.00 21-30(2) Destroyinc. dw....... 01' vand_lili.. public property, in- 500.00 cludinc public npt-of'-w.y 21-30.0lCd) Failure to remove snffiti from non-commerciaJ property 50.00 Failure to remove araffiti from commercial property - 250.00 21-3O.01<d)( U ereatint crafliti 250.00 2nd Oft"eose 500.00 Subsequent Oft'enses 1.8".08 21-30.01(1) Failure to remove sraffiti from non-commercial property- ~9.0 00 21-30.01(1) Failure to remove graffiti from commercial property 250.00 21-30.0U,X 1) P088eSSion or spray paint 01' IlUU'ker to make p-aftiti 250.00 2ad Oft'ense 500.00 Subsequent otreases 1,888.88 21-3O.0U.)(2) Possession of spray paint or markers by minors on public 2~~00 property 2nd Oft"ense 500.00 SubHqueat OfFe..... 1,888.88 500.00 21-30.0 UgH 3) Possession of spray paint or Marken on private property 250.00 witbout~ntofowner 2nd Offense 500_00 Subsequent Off'enses 1~88.88 00.00 21-3O.01lhX 1) Sale of spray paint or markers to persons under eighteen 100.00 (18) yean of ap Subsequent Offenses 200.00 Supp. No. 25 1293 f ICC-10 MIAMI.DADE COUNTY (~ODE CotU Ciuil S<<tion DacriptUJn of VIOlation hnalty 21~.01ChJ(2) Failun to display ,ramti warum, signs or improper star- 100.00 age of spray paint or markers 2l-30.01(h)(3) Violatioa or spray paint or marker sale injunction 100.00 21-3<&(a' Obstructinr, "am... destroyiac. or interfering with ca- 100.00 DaI, drain, ditch, .aten:oune, etc. 21-<&1(3)(a) Penon enpai.., in hich riIk saual activity at bathhou8e 100.00 and health club 21-<&7(3)(b) AJJowin, hiP risk semal activity at bathhcnue and health 500.00 club 21-41(3)(d) Occupyiac or aIIowiDa" two C2' or more penoIIIS to occupy 500.00 stall at bathhouse and health club 21-41(4)(a' Private rooms at bathhouse and bealth club 500.00 21-47(4)(c) LightiDf at bathhouse and health club 250.00 21-47(5' Posting DaIDe and address of owner and operator of bath- 500.00 house aDd health club 21-47.1(3)(a) Person enpcing in sexual activity at adult bookstore or 100.00 adult video store .~ 21-47.1(3Xb, Allowm, sexual activity at adult bookstore or adult video 1,888.88 .~~ . store 500.00 21-<&7.1(4)(a' Failure to provide only ll.iqle-aeat chairs in viewiq rooms 500.00 21-47.1(4)(c) Failure to provide minimum ligbti.., at adult bookstore or 500.00 adult video store 21-<&7.U4JCd) Failure to provide pel'lDanently open entranceway to view- 500.00 ing rooms 21-47.1(5' Failure to post name and address or 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 Rag 100.00 21-114 Failure to obtain a self-harvest agricultural field permit 500.00 21-115 AllowiDf child under ten (10) yean old onto self-harvest 300.00 agricultural field Supp. No. 25 1294 CODE ENFORCEMENT A sec-tO Code Civil Section Description of Violation Penalty 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 21-222(a) Application for permit to install an underground facility 500.00 with a total length of 1,000 lineal feet or more without first requesting as-builts from owners of existing facilities or submitting design tickets to Sunshine State One-Call of Florida 21-222(b) Failure by excavator to mark the path of proposed excava- 500.00 tion consistent with the standards of the American Public ~orks Association when required 21-222 Failure to notify State one-call system prior to excavation 500.00 21-222 Excavation without clearance from owners of underground 500.00 facilities 21-222(d) Failure by an excavator to engage,in exploratory digging 500.00 when required 21-222(e) Failure to use water based paint to mark locations 500.00 21-225 Excavation when utility markings are not visible 500.00 21-225 Willful removal of markings of underground facilities: 500.00 21-225(b) Failure to cease excavation after damaging an underground 500.00 facility 21-225(b) Failure by excavator causing damage to an underground 500.00 facility to notify the owner of that facility 21-225(c) Failure to disclose known conflicts on permit drawings 500.00 21-225(c) Installation of new underground facilities which create a 500.00 conflict with existing underground facilities without ap- proval by permitting agency or the taking of measures to protect the maintenance, or operation of the existing facility as may be required 21-225(d) Engaging in directional boring without the ability to mon- 500.00 itor the location of the bore head or equivalent equipment 21-226 Failure to cease excavation upon contact with underground 250.00 facility 21-227 Excavation after order to stop 500.00 21-253 Failure of adult group home to provide a suitable form of 200.00 identification to incapacitated residents Supp. No. 31 1295 ~ sec-tO MIAMI.DADE COUNTY CODE Code Section Description of Violation Civil Penalty 21-253 Failure of adult home to promptly replace lost or worn form of identification 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 Failure of user to file alarm registration or pay registration fee Second and subsequent violation by the alarm user Use of burglar alarm without required equipment Failure to provide required forms and registration and/or failure to comply with company requirements Failure to verify alarm signal prior to contacting MDPD personnel Failure of an alarm monitoring company to notify the Miami-Dade Police Department within ten minutes of no- tice that an alarm was false Fourth false burglar alarm during registration period Fifth false burglar alarm during registration period Sixth and each additional false burglar alarm during reg- istration period Discharge of prohibited substances into County waters Exceeding effluent standards for discharges Unlawful discharge affecting water quality Breach of effiuent 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 200.00 21-254 100.00 21-276(4) 50.00 21-276(4) 21-276(5) 21-276(6) 100.00 50.00 100.00 21-276(7) 100.00 21-276(8) 100.00 \ 21-276(9) 21-276(9) 21-276(9) 50.00 100.00 200.00 24-11(1) 24-11(2) 24-11(3) 24-11(7) 200.00 200.00 200.00 100.00 24-11(8) 24-11(9) 24-12(1) 200.00 300.00 200.00 24-12.1 300.00 24-12.2 250.00 24-12.3 250.00 Supp. No. 31 1296 CODE ENFORCEMENT * SCC-lO Code Civil Section Description of Violation Penalty 24-12.4 Noncompliance with provisions regulating metal recycling 300.00 facilities 24-13 Noncompliance with provisions regulating waste water 200.00 disposal and treatment methods other than sanitary sewers 24-13.1 Non-compliance with provisions regulating sanitary sewer 250.00 collection and transmission systems 24-14 Causing a sanitary nuisance 500.00 24-15(a) Discharging air contaminants above prescribed level 100.00 24-15(b) Discharging air contaminants to a degree greater than 100.00 specified 24-15.1 Noncompliance with provisions regulating motor vehicle 50.00 emissions and emission control devices 24-17 Noncompliance with standards regulating sulfur dioxide 100.00 emission 24-18 Open burning 250.00 24-20 Violation of requirements for storage and handling of petro- 250.00 leum products 24-22 Operation of oil-effiuent separator without required vapor 250.00 control devices 24-25 Violation of ozone-depleting compound regulations 500.00 24-25.1 Violation of ozone-depleting compound regulations 500.00 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 24-31 Non-compliance with procedures for approval of plans 200.00 24-33 Non-compliance with the standards for preparation of plans 200.00 24-34(2) Deviations from conditions of approval 250.00 24-35.1 Failure to properly secure required operating permit or 250.00 comply with the conditions of an operating permit 24-36 Failure to properly provide competent supervision 200.00 Supp. No. 31 1296.1 ~ 8CC-1O MIAMI-DADE COUNTY CODE Code Civil Section Description of Violation Penalty 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 250.00 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 property owner or lessee to properly secure 100.00 permit for specified types of work 24-59 Prohibited floating structures 200.00 24-59.1 Prohibited non-water dependent fixed structures 200.00 24-60 Failure to properly secure permit for tree removal work, or 500.00 to effectively destroy any tree or understory in a natural -", forest community, or noncompliance with tree removal permit conditions 25-10.21(c) Unauthorized aircraft engine run-up 500.00 26-1 Rule 30, Dlegal vending 100.00 26A-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-2.1(e) 30-263. l1(b) Failure to follow posted regulatory sign 50.00 Supp. No. 31 1296.2 com: ENFORCEMENT o see-lo Code Section Description of VIOlation Civil Penalty 30-462 30-465 Towing without a license Failure to obtain or maintain insurance coverage or to include provision on changes Failure to display decal Failure to maintain trip records Failure to comply with towing safety standards or to remove notice from windshield Failure to maintain financial records Advertising tow services without including license number in such advertisement 500.00 500.00 30-467 30-468 30-469 500.00 200.00 500.00 30-470 30-470.1 200.00 500.00 30-471 30-472 30-473 30-473(d) 30-473(e) 30-473(1) Discrimination in rendering service Bidding without a towing license 'Thwing without proper prior consent Rebating money to obtain towing privileges Providing towing services to a vehicle occupied by a person Failure to transport vehicle directly to storage sitelkeeping vehicle in temporary holding area Failure to maintain a place of business, file rateslfailure to display charges and rates Failure to telephonically inform vehicle owner of document requirements; charges; method of payment; or business hours 200.00 100.00 500.00 500.00 500.00 500.00 30-473(h) 200.00 30-473(i) 200.00 30-473(j) Failure to permit inspection of or removal of personal 500.00 possessions from towed vehicle 30-473Ck) Failure to accept alternate forms of payment 500.00 30-473(1) Failure to display bonding procedure sign 200.00 30-473(01) Using profane language 200.00 30-473(n) Using physical force or violence 500.00 30-47 4( a) Failure to prominently post notice stating tow-away warn- 500.00 iog 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 Supp. No. 25 1297 ~ SCC-10 Code Section 30-474(d) 30-474(e) 30-474(f) 30-475(a) 30-475(b) 30-475(c) 30-475(d) 30-476(b) 30-476.l(a) 30-476.l(b) 30-476.1(c) 30-476.l(e)(l) 30-476.1(e)(2) 30-476.1(e)(3) 30-476.1(e)(4) 30-476.1(e)(5. 30-476.1(e)(6) 30-479 MIAMI-DADE COUNTY CODE Description of Violation Civil Penalty Recovering, towing or removing a vehicle when authorized person arrives prior to said service Storing or impounding a towed vehicle more than five (5) miles from recovery Failure to release vehicle and permit retrieval of vehicle during prescribed hourslfailure to post retrieval informa- tion 500.00 200.00 500.00 Failure to enter into contract with property owner Failure of property owner to inform vehicle owner of name and address of towing company Failure of property owner to ascertain license number of tower Unlawfully towing an emergency vehicle Charging in excess of maximum allowable rates Failure to file rates on roadside solicitation Failure to disclose rates on roadside solicitation to vehicle owner 200.00 500.00 100.00 500.00 500.00 200.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 200.00 50.00 $500.00 $500.00 Charging more than rates disclosed on roadside solicitation Towing distressed vehicle without having been summoned to accident scene by owner or law enforcement officer Stopping or driving by scene of accident to solicit or offer tow services Soliciting tow business as a result of information received over police radio Diverting patrons of another at scene of vehicle accident or distressed vehicle Soliciting or engaging in tow business with false informa- tion Falsely identifying oneself as a contract wrecker Failure to satisfy immobilization reql~irements All other Chapter 30, Article III, violations All other Chapter 30, Non-Article III, violations 31-68 solicitation of passenger patronage I)n behalf of business establishment 31-69 Supp. No. 25 diverting a prospective patron of a business establishment 1298 CODE ENFORCEMENT I seC-10 . Cod, . Stction Ikscription of V&Olation Civil P,nalty 31-70 31-71 31-72 31-73 paying fOr patnoaae acceptinc pay for patroup failure to paet DOtice providu., or 8CC8ptiDf compensatiOll to divert pu......n from desiP8tect busine... pnwidiDc c:ompenation for the n,bt to pick up ....-naen from or proride for-bire MrVice to ., buineu .tahlish- ID8Dt or public facility prohibition apiast accepti.., compensation for npt to pick up........n Advertisinc or permitti~ operations without a valid, cur- reat for-hire license Failure to report chanre of address tsoo.oo $500.00 $200.00 $500.00 31.76(al $500.00 31-76(b' $500.00 31-82(al '1,988.. 500.00 Sloo.oo 31-82fj)(2' Supp. So. 25 1298.1 CODE ENFORCEMENT t SCC-IO Code Civil Section Description of VIOlation Penalty 31-82(j)(3) Failure to maintain records at principal place of business of $100.00 entity responsible for passenger services 31-82(j,l(4) Failure to enter into passenger service agreement or comply $500.00 with 31-100(k) 31-82(j)(6) Permittin, or authorizing any chauffeur or other person to $500.00 operate any for-hire vehicle without that vehicle's current valid operating permit displayed 31-82(j)(7) Allowing person to operate without a chauffeur registration $500.00 and without a chauffeur's acreement 31-82(j)(8) Allowing or permitting any person to operate a for-hire $500.00 vehicle without current, valid and sufficient insurance covera,e 31-82(jX9) Failure to register and inspect all vehicles placed and taken $200.00 out of service 31-82(j)(10) Permitting or authorizing operation of a vehicle which does $100.00 not meet applicable vehicle standards 31-82(j)(11) Allowing any person to operate a for-hire vehicle whose $250.00 alertness is impaired 31-82(j)( 12) Refusal or neclect to transport $100.00 31-82(j,l( 13) Failure to enter into chauffeur agreement $100.00 31-85<b) Failure to comply with requirements for designated public $100.00 stands 31-85(j)( 1) Providing compensation for the right to pick up passengers $500.00 from or provide for-hire service to any busmess establish- ment or public facility 31-85(j)(2) Prohibition against accepting compensation for right to pick $500.00 up passengers 31-86(a) Failure to operate with a taximeter meeting requirements $200.00 of the Code' 31-86(b) Starting and ending the meter in violation of the require- $200.00 ment 31-86<d) Failure to operate with properly sealed and operating $250.00 taximeter 31-86<g) Tampering with a taximeter or the seal $500.00 31-88(a) Permitting or operating without ill8urance $500.00 31-88(a) Failure to comply with insurance coverage requirements $500.00 Supp. No. 24 1299 IICC.I0 MIAMI-DADE COUNTY CODE Coth Civil Section Dacription. of VIOlation PenGlty 31-88(b) Failina to provide necessary iDsunmce c:ovenae CII" insurance- $500.00 related services 31-88(c) Failure to provide CSD with required notices of insurance $200.00 cancelJatioo 31-88(0 Failure to provide documents when requested by the CSD $200.00 31-89(a) Operatinc a vehicle in violation of the vehicle standards and $75.00 Sec. 31-92(b) 31-89(a)(2) OperatiDl for-hire vehicle without a current, valid operat- $250.00 iq pemait or inspection decal. as applicable cUplayed 31-89(aX7) Failure to have an operating air-conditioainc system S250.00 31-89(b)( 1) Failure to properly display consumer information $100.00 31-89(bX3, Failure to operate with a lit tell-tale light $25.00 31-89(b)(4) Failure to obtain eso approval or to install display in $100.00 accordance with eSD instructions 31-89(1) Failure to have an operatinc mobile two-way radio $250.00 31-93(d) Failure to comply with requirements fOI" operating at Miami $100.00 . . , ... International Airport and the Port of Miami 4.:-:'. 31-1OCKa) Prohibition against providing taxi passenger services on '1.888.. behalf o( a for-bire license boldel" witbout a current. valid 500.00 passenpr service company registration 31-1oom Failure to enter into agreement with (or-hire taxi license $500.00 holder 31-1()O(j) Failure to enter into qreement with fi)l"-hire taxi chau1l'eur $500.00 31-100(11:)(2) Failure to maintain and make available copies of passeqer $200.00 service qreements 31-100(k)(3) Failure to comply with all terms o( passeDpI' service $500.00 agreemenbs with (or-hire license holders and chauffeurs 31-100(k)(4) Failure to ensure maintenance and availability o( recanls $200.00 pertainiDl to for-hire operations 31-100(k)(7) Refusal to dispatch or neglect to dispatch a request to $100.00 transport 31-Ioo(k)(8) Failure to comply with lost and found rules $100.00 31-101(a, Publishing an advertisement of ground transportation ser- $500.00 vices without the Cor-hire license company or passenger service company registration number Supp. No. 24 1300 CODE ENFORCEMENT o seC-lO Code Civil Section Description of Violation Penalty 31-101(c) Advertising other than approved rate or fare 500.00 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 Miami-Dade County chautTeur registration within the past six months 31-303(i)(l) Failure to display a valid chautTeur'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 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 destinati~n 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 Supp. No. 31 1301 t acC.I0 MIAMI-DADE COUNTY CODE Cock Civil Section Dncription of VIOlation PetUJlty 31-303(iX20) Vehicle operation with no valid operating permit and/or 250.00 vehicle inspection displayed. Fine sbaIl be reduced to $50.00 if valid operating permit or valid inspection decal is pre- sented to CSD within two (2) busioeIa days of citation issuance 31-303(iX21) Vebide operation when displayed operatiDg permit decal 01' 250.00 vehicle inspection sticker tampered 01' altered 31-304(1) Failure to operate with properly sealed and operating 250.00 tuimeter 31-304(2) Chauffeur not in attendance ofvehide acept when parked 25.00 in tuicab storap areas at Miami Interaational Airport and Dodee Island; or vehicle doors open when unauthorized 31-304(3) Failure to operate with a lit teD-tale light . 25.00 All other Chapter 31 Article II violations 50.00 All other Chapter 4, Article m; Chapter 30, Sections 30-371 50.00 and 30-372; and Chapter 31, Articles II, III, IV and ~ violations relating to chauffeurs , 31-307<0 Failure to comply with prearrangement requirements 250.00 -..; .~ .~. .- . , 31-602(a) Advertising or permitting operations without a valid, cur- 1,888.88 rent for-hire license 500.00 31-602(b) Failure to comply with out-of-c:ounty origin eueptions 500.00 31-602(;) Failure to comply with notice requirement 500.00 31-602(kX3) Providinc compensation for the right to pick up passengers 500.00 from or provide for-hire service to any business establish- ment or public facility 31-602(k)(4) Prohibition against accepting compensation for right to pick 500.00 up passengers 31-602(k)(5) Failure to maintain records at license holder's place of 100.00 business 31-602(k)(10) Failure to report change of address 100.00 31-602(k)(13) Permitting or authorizing any chauffeur or other person to 500.00 operate any for-hire vehicle without that vehicle's current valid operating permit displayed 31-602(kX14) Allowing any person to operate without a chauffeur regia- 500.00 tration 31-602(kXI5) Allowing or permitting any person to operate a for-hire 500.00 vehicle without current, valid and sufficient coverage Supp. No. 31 1302 CODE ENFORCEMENT f acC-I0 C<<u Ciuil Section Description of VIOlation Penalty 31-602(kX 16) Failure to register and inspect aU vehicles placed in and 200.00 taken out of service 31-602(k)( 17) Permitting or authoriziDg operation m a vehicle which does 100.00 not meet applicable vehicle standards 31-602(k)( 18) Allowing any person to operate a fOr-hire vehicle whose 250.00 alertness is impaired 31-602(k)(19) Refusal or neglect to transport 100.00 31-604 Failure to comply with minimum rates 500.00 31-607(a) Operating a for-hire vehicle without a curreat. valid oper_ 500.00 ati.., permit or inspection decal as applicable displayed 31-608(a) Permitting or operating without insurance 500.00 31-608(a) Failure to comply with insurance coverage requireme~ts '.' 500.00 31-608(b) Failure to provide necessary insurance coverap or insurance- 500.00 related services 31-608(c) Failure to provide CSD with required notice of insurance 200.00 cancellation 31-608(e) Failure to provide documents when requested by the CSD 200.00 31-609(a) Operating a vehicle in violation of any vehicle standards 75.00 31-609(a)(7) Failure to have an operating air-conditioning system 250.00 31-615(a) Publishing an advertisement for pound transportation 500.00 service without the for-hire license number 31-615(c) Advertising other than approved rate or fare 500.00 31-615(d) False, misleading and deceptive advertising 1,888.. 500.00 Any and all other violations of Article 6 250.00 32-8.1(g) Violation of water shortage emergency restrictions '. 75.00 32.8.2 Violation of permanent landscape irrigation restrictions 50.00 32-121 Unauthorized tampering with utility fixtures at a single 250.00 family residential property 32-121 Unauthorized tampering with utility fixtures at a multi- 500.00 family residential property 32-121 Unauthorized tampering with utility fIXtures at a non- 1,888.88 residential property 500.00 32-153 Cross-connection by new water customer without bacldlow 500.00 preventer Supp. No. 31 1302.1 f acC.I0 Code Section 32-156" 157 32-157 32-159 32-160 32-161 32-162 32-163 Supp. No. 31 MIAMI-DADE COUNTY CODE Dea:riptioll of VIOlation Improper iDatallatioa of bacIdlow preYeDter BypusiD( baddlow preventer Unauthorized use of fire suppreuioD de9ic:e U~.ble denial of access to pre..... Obetructioa of ac:ee&II to a baddlow preveater Tamperinr with a backflow preveater Failure to have bacIdlow preventen teBtecI witbi.n time required 1302.2 Civil Pe1l4lty 500.00 500.00 500.00 200.00 75.00 1.800.. 500.00 25.00 per day ;~ '. Code &ction. 32-164 32-165 32-166 32-167'a) All other Chapter 32 violations 33-4.2(8) 33-4.2CbJ 33-4.2fdJ 33-& a J 33-& b) 33-&cl 33-11 33-11 33-12 33-13 33-15 33-15te' 33-15.1 33-16 3.')-16.1 33-19 Supp. No. 29 COOl!: ENFORCEMENT Iktcription 0( V&Olation Failure to timely repair noru:ampliant bacldlow preventen Submitting a false or fraudulent b&ckt1ow preventer test report Failure to report and obtain inspectiOll albdflow preventen afl'eeted by premises modification. (after mocIi&catiOl'Ul are placed in use' Failure to report known or ...pected bac:kfJow Failure to maintain a non-dwellilll structure in pod repair. Failure to keep a non-dwelling structure in a clean and sanitary condition. . Failure to maintain a non-dweUi.., structure protected from the elements with paint or other protective coati..,. Failure to obtain certificate of use and occ:upanc:y for South Florida Buildinr Code fSFBC. Group A. B. C, 0, E, and F occupancies Failure to obtain certificate of use and occ:upancy. for SFSC Group G and H occupancies Failure to obtain certificate or use and occupancy for SFBC Group I and J occupancies Over-height fence, barbed wire fence, wallar hedge Inlproperly located fence, wall, or heel. Failure to erect or maintain proper swimming pool fence or barrier Unlawfully establishing an unusual or new use without prior approval at public hearing Illegally maintaining or depositing junk or trash Conducting auto repail"S beyond w~at is permitted in a residential district '. Failure to remove derelictlnonfunctioning property per or- der Illegal excavation Failure to comply with lake slope provisions. Maintaining illegal donation collection bin 1303 t HCC.l0 Civil hn.alty 75.00 per day 1,866.86 500.00 75.00 per day 1,888.88 500.00 200.00 200.00 200.00 200.00 500.00 200.00 100.00 200.00 200.00 500.00 500.00 500.00 500.00 500.00 500.00 200.00 500.00 * see.lo MIAMI.DADE COUNTY CODE Code Civil Section Description of Violation Penalty 33-19.lta) Unlawfully displaying a vehicle for sale without a valid 250.00 state license plate affixed to the vehide. 33-19.1Ibl Unlawfully displaying more than two 121 vehicles for sale in 250.00 a residential district. 33-2OCa) Illegally occupying a temporary acces30ry building tent, or 200.00 similar structure without prior approval 33- 2{)( e ) Illegal boat storage 200.00 33.20<0 Illegally maintaining recreational vehicle or camping equip- 200.00 ment 33-20.1 lllegally parking or keeping tow truck or equipment in 500.00 residential property 33.20.1.1 Prima facie evidence of illegal multiple use or illegal sub- 500.00 division of a residence 33-25 lllegally maintaining a houseboat 100.00 33.25.1 Illegally establishing a home office 500.00 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 33-51 Maintaining a structure in the setback in a business or 500.00 industrial district 33-60 Improper erection of tower, standpipe, mast, etc. 100.00 33-6.'3 Improper location of poles, masts, or towers for supporting 100.00 antenna 33-63.1 L" nlawfully maintaining more than one (11 Satellite Dish 200.00 Antenna 33.86 Erection, construction. posting. etc.. of a sign without a 200.00 permit 33-93 Failure to obtain required sign inspedion approval 200.00 .33-9&3) Maintaining a hazardous sign 500.00 :33-95(b) Maintaining an indecent sign 100.00 SIIJlJl. No. :!9 1304 CODE ENFORCEMENT ~ 8CC-IO Code Civil Section Description of Vl.Olation Penalty 33-95( c) Maintaining a sign on an unapproved supporting structure 500.00 33-95(d) Maintaining a roof sign 500.00 33-95(e) Maintaining a fence or wall sign in a residential district 200.00 33-95(f) Dlegally mamtaining blinking or flashing lights, streamer 500.00 lights, pennants, banners, streamers, etc. 33-95(g) Dlegally maintaining a revolving or rotating sign 500.00 33-95(h) megally maintaining "stop" or "danger" signs 100.00 33-95(i) Dlegally maintaining a portable sign 200.00 33-95(j) Dlegally maintaining signs on transportable vehicles or 200.00 devices for advertisement 33-96 Dlegal illumination of signs 100.00 33-97(a) Failure to maintain sign in safe and legible condition 200.00 33-97(a) Failure to remove or paint out sign when use is discontin- 100.00 ued 33-97(b) Failure to screen the rear of a sign 100.00 33-97(c) Failure to maintain area around signs free of weeds 100.00 33-97(d) Failure to remove dilapidated signs 500.00 33-107 Failure to remove Class C sign in BU-1A or BU-2 zone at 200.00 the time first building permit is issued 33-107 Failure to maintain the landscaping, or the Class C sign in 100.00 good condition or the sign site free from trash and debris 33-107 Failure to remove Class C sign at cancellation of permit 200.00 33-111 Dlegally maintaining a directional sign 200.00 33-112(a) Failure to maintain an entrance feature 200.00 33-112(d) Illegally maintaining illumination incorporated into an 200.00 entrance feature 33-122.2(a) Failure to provide parking spaces for persons transporting 200.00 young children and strollers. 33-122.2(b) Improperly located parking space for persons transporting 200.00 young children and strollers. 33-122.2(c) Improperly painted or posted parking spaces for person 200.00 transporting young children and strollers. 33-122.3 Failure to install bicycle racks or other means of storage 500.00 that can secure at least four (4) bicycles Supp. No. 30 1305 t BCC.10 MIAMI-DADE COUNTY CODE Code Civil Section Description of Violation Penalty 33-122.3(a) Failure to provide required number of bicycle parking 200.00 spaces 33-122.3(c)(1) Failure to locate bicycle parking spaces near principle 200.00 entrance 33-1~2.3(c)(2) Failure to install bicycle parking spaces near entrances to 200.00 buildings served by the lots 33-122.3(c)(3) Failure to provide bicycle parking spaces in visible, lighted 200.00 location that does not impede pedestrian or handicap acces- sibility 33-122.3(c)( 4) Illegal bicycle parking spaces in the County maintained 200.00 right-of-way 33-122.3(c)(5) Failure to provide properly designed bicycle rack 200.00 33-122.3(c)(6) Failure to maintain a bicycle rack 200.00 33-122.3(e) Failure to provide signage and markings for bicycle parking 200.00 spaces 33-122.4 Failure to provide and maintain litter cans for establish- 100.00 ments that sell takeout beverages or food. 33-124 Failure to provide adequate number of off-street parking 500.00 ." spaces 33-124.1 Parking of commercial vehicles in residential or agricul- 500.00 tural zones 33-124.1(b)2 Unlawfully parking, storing or otherwise keeping more 500.00 than two (2) Category 1 commercial vehicles in a residential zoned district 33-124.1(b)3 Unlawfully parking, storing or otherwise keeping a Cate- 500.00 gory 2 commercial vehicles in a residential zoned district 33-124.1(b)5 Unlawfully parking, storing or otherwise keeping a Cate- 500.00 gory 3 commercial vehicle in a residential zoned district 33-126 Failure to provide proper surface for parking area 200.00 33-131 Improper use of parking areas as commercial parking lot 500.00 33-149(a) Failure to provide any or proper street address number 100.00 33-149(c) Failure to maintain any or proper street address number 100.00 33-150 Illegal sale of alcoholic beverages 500.00 33-150(H) Illegal band or orchestra music, dancing or entertainment 500.00 33-168 Illegal placement, storage, or use of mobile home or trailer 500.00 outside of an approved mobile home park Supp. No. 30 1306 CODE ENFORCEMENT t 8CC-10 Code Section Description of VIOlation Ciuil Penalty 33-169 33-169 Unlawful establishment of a mobile home park Failure to maintam mobile home park in compliance with approved site plan Failure to maintain minimum setbacks for mobile home, porch and other additions. Failure to maintain minimum setback landscaped buffer area. 500.00 500.00 33-174 200.00 33-175 200.00 33-194 Unauthorized use within a district 500.00 '. Supp. No. 30 1306.1 COD":; ENFORCEMENT * 8CT.IO Code Section Description of Violation CiLlil Penalty 33-196.llcl Maintaining a group home less than 1,000 feet from an- other group home Unauthorized use within a single-family residential district Illegally raising, breeding, or keeping animals, insects, poultry or fowl in a residential district Unauthorized use in a zero lot line development single family residential district Unauthorized use in a modified single-family residential district Unauthorized use in a modified single-family residential district Unauthorized use in a two-family residential district Unauthorized use in a townhouse district Unauthorized use in a four unit apartment house district Unauthorized use in a minimum apartment house district Unauthorized use in a bungalow court district Unauthorized use in a limited apartment house district Unauthorized use in modified apartment house district Unauthorized use in a high density apartment house dis- trict Unauthorized use in a hotel apartment house district Unauthorized use in a residential-semi-professional office district Unauthorized use in a semi-professional office district Unauthorized use in an estate modified district Unauthorized use in an estate use suburban district Unauthorized use in a single-family estate acre acre estate district Unauthorized use in a :;ingle-family two and one-half acre estate district Unauthorized use in a single family five acre estate district Unauthorized use in a neighborhood business district 500.00 33-199 33-200 500.00 500.00 33-200.1 500.00 33.200.3 500.00 33-200.4 500.00 33-201 33-202.3 33-203 33-203.6 33-204 33-207.2 33-207.3 33-208 500.00 500.00 500.00 500.00 500.00 500.00 500.00 500.00 33-217 33-223.1 500.00 500.00 33-223.6 3:1-224 3:)-225.1 33-226 500.00 500.00 500.00 500.00 33-2:)0 500.00 33-234 33-238 33-247 33-253 500.00 500.00 SliPI'. No. 29 1307 ~ HCC-lO MIAMI-DADE COUNTY CODE Code Section Description of Violation Civil Penalty 33-255 33-259 Unauthorized use in a liberal business district Unauthorized use in an industrial, light manufacturing district Unauthorized use in an industrial, heavy manufacturing district Unauthorized use in an industrial, limited manufacturing district. 500.00 500.00 33-262 500.00 33- 264 500.00 33-268 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 33-244 33-251.2 3:J.253.6 33-256.5 33- 260 33-263 33-266.1 33-270 33-245 :13-251.3 3:3-253.7 33-256.6 :33-3111 ble 2) Unauthorized use in an agricultural district Failure to maintain required setback between animals and adjacent property or building 500.00 200.00 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 Illegal storage of materials or products or illegal storage of materials above the height of a wall or fence 500.00 '. Failure to maintain the wall required to separate business from residential property 500.00 Failure to comply with the condition of a resolution 500.00 All other Chaptel' 33 violations 500.00 lOrd. 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-~, * 1,2-21-89; Ord. No. 89-22, * 9, 4-4-89; Ord. No. 89-92, * 6, 9-26-89; Hllpp. No. 29 1308 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-21 SO Building Department (305) 947-5107 Fax City Commission David SlunIoB,Mayor LllaK-......... Vice Mayor Nol'lllllll S. Edek:up. Commissioner Gerry GoodIRIIII, Commissioner Dmmy I..... , Commissioner Chrbtopher J. ~ City Manager Lyu M. o.nnheIuer, City Attorney RiebanI BI'O'Im-M~ City Clerk MEMORANDUM To: City Commission From: Christopher D. Steers, Code Enforcement and Licensing Director Date: October 161h, 2001 Re: AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA REPEALING ORDINANCES NUMBERS 98-21, 98-57, AND 99-71 REESTABLISHING A CODE ENFORCEMENT PROCEDURE; PROVIDING DEFINITIONS; PROVIDING FOR 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; SCHEDULING AND CONDUCT OF HEARING, PROVIDING REMEDIES TO RECOVER UNPAID CIVIL PENALTIES; PROVIDING FOR APPEAL OF ORDERS OF SPECIAL MASTERS; PROVIDING FOR ADDITIONAL 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 RECOMMENDATION It is recommended that you enact this ordinance thereby creating a comprehensive Code Enforcement procedure. REASONS This ordinance incorporates all the amendments made to our original enforcement ordinances thereby combining ordinance numbers 98-21, 98-57, and 99-71 into one enforcement procedure. Memorandum September 20,2001 Page 2 This new comprehensive ordinance assigns the responsibility for coordination of all Special Master Hearings to the Office of The City Clerk. There is also the addition of a lien process requiring that second notices, and notices of intent to lien be sent out to non-compliant property owners prior to a lien being filed against their property. Furthermore, once and order imposing a lien is signed by a Special Master, any satisfaction of the order is to be coordinated through the Office of the City Attorney. Respectfully submitted, ( --~p ----- Christopher D. Steers Code Enforcement and Licensing Director Attachment.