Loading...
HomeMy WebLinkAboutOrdinance 2006-267 ORDINANCE NO. 2006- '2"''''' AN ORDINANCE OF TIlE CITY OF SUNNY ISLES BEACH, FLORIDA AMENDING CHAPTER 14 OF THE SUNNY ISLES BEACH CODE ENTITLED "CODE ENFORCEMENT"; PROVIDING REVISED DEFINITIONS; PROVlI)lNG FOR INCREASED PENALTIES; PROVIDING FOR A MINIMUM ADMINISTRATIVE COST; AUTHORIZING THE CODE ENFORCEMENT AND LICENSING DIRECTOR TO GRANT LATE HEARING REQUESTS BASED ON EXTENUATING CIRCUMSTANCES; PROVlI)ING FOR REPEAL OF CONFLICTING PROVISIONS; PROVlI)ING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS. the City has modified its Code Enforcemcnt ordinances on multiple occasions and wish to combine all the revisions into one comprehensive enforcement procedure to provide clarity and insure the most expeditious and efficient delivery of services; and WHEREAS. the City Commission also wish to adopt rcvised code enlorcemcnt penalties andmisccllaneous fee schedulc. BE IT ORDAINED BY TilE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: CODE ENFORCEMENT Scction. I. Ordinancc number 20D 1-141 is hcrcby amended. 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-Dadc County as made applicable to the City pursuant to Article 8. Section 8.3 of thc City Charter. or such other land dcvelopment regulations or ordinances as may be adopted by the City hereafter. (13) "Code Enforcement Officer" means any authorized agcnt 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 identicalmea!ling. (hdin.mc<,' .\mllldlllg (:"ck rl1fl'lTl'Tllnl'. I :h.lj'lli' I_I (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 special assessment liens and lor costs or fees due to the City for enforcement of the subject ordinance(s) violated. (D) "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) "Dcpartment" means thc Code Enforcement and Licensing Department. (F) "Director" means the Director of the Code Enforcement and Licensing Department. (G) "Manager" means thc City Manager. (H) "Notice of Violation" mcans 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. (.I) "Recurring Violation" means a violation lor which a Warning Notice of Violation or civil violation noticc was prcviously issued and correction was made thcn the same violation involving the same violator. object or action violating the same Ordinance or Codc Section. recurs or is rccommittcd within a (12) month period. (K) "Repeat Violation" means a violation of a provision of the Code by a person whom the Code Enlorcement and Licensin~ Director or hisl her desi~nee. or 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 appointcd pursuant to Section 3 of this Ordinance. (M) "Commission" means the City Commission. (N) "City" means the City of Sunny Isles Beach. (D) "Violator" means that person or entity responsible lor a violation of the Code and. if different. the owner of the property involved. (1') "Uncorrectable Violation" means a violation. which is irreparable or irrcversible in nature. and which cannot be remcdied after the violation has been eommitted because the violation constitutes a single prohibited act rather than an ongoing condition or circumstance. Section 3. Civil Inti'actions and Penal tics. (hdilUllCl" ,\mulding(:,),k 1':nf"rrl'l1ll'l1l. <:IUpllf l.t :?: A violation of the Code shall constitute a civil of Tense punishablc by civil penalty in the amount prescribed hcrcin. Scction 4. Oualifications of Spccial 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 andlor construction experience. Such appointments shall be made for a term of one (I) year and first time appointments shall be submitted to the Commission tor ratification of the Manager's appointments. (A) Special Masters need not be residents of the City but shall possess outstanding reputations tor civic pride. intercst. intcgrity. responsibility and business or professional ability. (13) Appointments shall be made I(lr a term of one (I) year. Special Masters may bc rcappointed or removed. without cause. at the discretion of the Managcr. 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 Spccial Master until a new appointmcnt of a replacemcnt as Spccial Master has been made by the City manager and such ncw appointment has been ratified by the City Commission. The Special Masters so appointed shall servc on a continually rotating basis. (C) Special Mastcrs shall not be City emplo)'ecs and shall bc compensated at a rate not to excecd $25D per hearing datc. which fec shall includc case preparation. exccution of linal orders. attendance at all hearings including appcals. if necessary. (D) If a Special Master is removcd ti'om a case in the evcnt of a conflict of intercst. the case may bcassigned to anothcr Special Mastcr. (E) If requestcd by the Special Master. thc City Attorncy shall scrve as counsel to the Spccial Mastcr. If an appeal is taken. the City Attorney shall represent the City at such proceeding, provided however. if the City Attorney has reprcsented the Prosecutor at the earlier proceeding. slhe may not represent the City in that instance. Special counsel shall be appointcd for that representation. Section 5. Powcrs of the Spccial Master. Special Masters shall have the powcr to: (A) Apply the rules for the conduct of hcarings adopted by the Commission. (8) Subpocna Violators and witnesscs for hearings; subpoenas shall be served by the City Police Departmcnt. or by City Staff. (C) Subpoena cvidence to hearings. ()nlilUl1Cl" .\mt'lldlllgC:'l\k 1':nt"I'ITl'llWlll. r:1Upllf 1-1 .) (D) Take testimony under oath and review evidence to makc tindings of fact and draw conclusions of law. (E) Assess and order the payment of civil pcnaltics as provided hcrein. (F) Issue orders having the force of law to command whatever stcps are necessary to bring a violation into compliance. (G) Assess administrative hearin~ costs of no less than $75.0D Section 6. Authority to Initiate Entorcement Proceedin~s. Code Enforcement Officers shall have thc authority to initiate code entorcement proceedings and to issue Notices of civil violations as proyidcd 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 rcquircments of Sections 943.D85-943.255. F.S. (1995). Section 7. Enforccmcnt Proccdures. (A) A Code Entorcement Officcr is authorized to issuc a Warning Notice of Violation, in a form approved by the Department Dircctor. prior to the issuance of a Civil Violation Notice to a person based upon personal investigation. the officcr has reason to believe that the Violator has committed a civil infraction in violation of a duly enacted Ordinance. Thc Warning Notice of violation shall specify a rcasonable time pcriod (warning period). not to excced thirty (3D) calendar days. within which the Violator must correct thc violation. This determination shall be based on consideration of fairness: practicality; case of correction. ability to correct; severity of violation; nature, extcnt, and probability of danger or damage to the public; degree of nuisance to neighbors and ncighborhood; and other relevant f~1ctors rclating to the reasonablencss of the time period prescribed. (B) If upon re-inspection of the violation. which promptcd the issuance of the Warning Notice of Violation. said violation has not becn corrected; the Violator shall be subject to thc issuance of a Civil Violation Notice and liable for the associated civil penalties. (C) If a Code Enlorcement Officcr has rcason to believe that thc violation represents a serious threat to the public health. safety or welfare. if the violation is a recurring violation as delincd herein. or if the violation is an Uncorrectable Violation as de lined hercin. the warning period shall not be applicable and thc Civil Violation Notice may issuc immediately. Section 8. Contents and Service of the Civil Violation Notice. (A) A Civil Violation Notice (sometimes referred to as a "citation") shall contain: (I) The date and time of issuance. (2) The name and addrcss of the person to whom the citation is issued. ()rdin,HKr .\n1L'llding(:"elc f:,nl-'l1Tll1k'lll. (:h,ll'tn l~ 4 (3) The date and time the civil infraction was committed. (4) Thc facts constituting reasonablc cause. (5) The numbcr or section of the Codc or Ordinance violated. (6) The name and authority of the Code Enforcement Officer. (7) The procedure to bc 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 elccts not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil pcnalty within the time allowed. or fails to appeal or contest the citation within seven (7) days after service of the Civil Violation Notice. the pcrson 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 pcrson for an amount up to the maximum civil penalty. (II) A statemcnt that the Violator may be liable for rcasonable administrative hearing costs should they arc flHlI1d guilty. (13) Servicc 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 thcrein who is 15 years of age or oldcr and informing such person of the contents ofthc Civil Violation Notice: by overnight courier; by certified mail (return receipt requcsted) to the Violator's usual place of residence or other property, which scrvicc shall be deemed complctcd upon signing of the receipt; or by posting the Civil Violation Notice in a conspicuous place on thc premises or rcal property upon which the violation was observed. Any method of service of the Civil Violation Notice described above shall be deemed proper service, and the timc for compliance stated in the Civil Violation Notice shall commence with the date of such posting. Scction 9. Civil Penaltics and Related Tcrms Construed. (A) Penalties for violations of the provisions to be enforccd through this Ordinance shall be in the amounts prcscribed in thc schcdule of civil pcnalties containcd herein. Provided however, that the maximum civil penalty shall be $5DD.OO lor a single violation. If the violation is continuing or repetitive. a single violation will occur each day bcyond the time for correction set forth in the civil violation notice. Failure to pay the imposed fine(s) even afier correction of the violation may be considcred non-compliance and a continuing violation for thc purposes of assessing continuing penalties. (13) For each day of a Continued Violation. an additional penalty in the samc amount as that prescribcd tor in the original violation shall be added. {lrdiIl11lCt" .\mcnding (:llLk I.:ntllrc.'nll'lll, {:lupIn 1-1 5 (C) Civil penalties assessed as providcd herein are duc and payable to the City on the last day of the period allowedf()J" the liling of an appeal of the Code Entorcement Ofticer's decision. or if proper appeal is made. when the appcal has been finally decidcd advcrsely against the named violator. (D) For the lirst Repeat Violation. the amount of thc civil pcnalty 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 bc double the amount of penalty due I(l!' the lirst day of the immediately preceding violation. provided that the maximum penalty payable lor thc first day of anyone Repeat Violation shall be $750.0D. (E) A Repcat Violation which remains uncorrected beyond the time prescribed for correction in the Notice of Violation shall bc trcatcd as a Continuing Violation, and the additional pcnalty lor each day of continued violation shall be double the amount due tor 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 live (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 ofticer (s). major shareholder(s). or general partncr(s) are or were activcly involved in the management of the entity committing the violation at the time when the violation occurred. (G) Continuing Violation penalties shall accrue li'om thc date of correction given in the Civil Violation Notice until the correction is made. and compliance is obtained or until a request tor administrative hearing is Iiled. whichever comes lirst. If the named Violator requests an administrative hcaring and loses his appeal. the Special Master shall determinc a reasonable time period within which correction of the violation must be made. bascd on the considerations set forth herein. If correction is not made within the period set by the Spccial Master. Continuing Violation penalties shall bcgin to aceruc after the timc allowedf()J" correction has run. No continuing violation penalties shall accruc during the time period li'om the date of the civil violation notice until the date of the administrativc hearing. if the named violator timely requcsts an administrative hearing to appeal the decision of the Code Inspector. Continuing violation penalties cannot be imposed by the hearing ofliccr lor 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 becn tjnally decided advcrscly against the named Violator. Section ID. Ri~hts of Violators: Pavment of Finc; Ri~ht to Aplleal; Failure to Pav and Correct or to Appeal. (A) A Violator who has been served with a Civil Violation Notice shall elect to: (helm,IIKe .\l1ll"l1cll11.L: {:llLk 1':lIf"rCl'llll'nl. (:lU!'tlr 1-1 (l (I) Pay the civil pcnalty in the manner and within the time indicatcd on the Civil Violation Noticc and correct the violation within the time spccified on the Civil Violation Notice: or (2) Request an administrative hearing before a Spccial Master to appeal the decision of the Code Ent()I"Cement Officer that resulted in the issuancc of the Civil Violation Notice. (13) An appeal of the Civil Violation Notice shall be accomplished by filing a writtcn request with the Office of the City Clerk not Jatcr than seven (7) calendar days after the scrvice of the Civil Violation Notice. (C) If the named Violator, aftcr notice. fails to pay thc civil penalty and correct thc violation within the time specified. or to timely request an administrative hearing before a Special Mastcr, the Director shall bc informed of such failure by affidavit li'om the Codc Enlorcement Officer. Failurc of the named Violator to appcal thc decision ofthc Codc Enf()reement Officer within the prescribed time period shall constitutc a waivcr of the Violator's right to administrative hearing belore the Special Master. ^ waiver of the right to administrative hcaring shall be treated as an admission of the violation, and penal tics may be assessed accordingly. (D) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemcanor of thc second degree. as per Chapter 162 of Florida Statutes. Section II. Scheduling and Conduct of Hearin~. (A) Upon receipt of a namcd Violator's timely request for an administrative hearing or a written hcaring request fi'OJll the Code Enforcement Officer as provided herein, in consultation with the Special Master. shall set the matter down for hearing on the ncxt regularly scheduled hearing elate or as soon thereafter as practicable. (B) Thc Officc of the City Clcrk shall send a noticc ofhcaring by first cfass mail or by certified mail to the namcd Violator at his last known address. Thc Code Enforcement and Licensing Dcpartment may post the hearing notice. at thc request of the City Clerk. The notice of hearing shall include. but not be Iimitcd to. thc [()lIowing: (I) Name of the Code Enforcement Officer who issued the Civil Violation Noticc. (2) Factual deseription of the allegcd 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 attorncy. (lrdllunrr \1llllldlTlg (:<1,1. I :1l1<1l"(U1KI1I, (:I1II'I,r 1.1 7 (7) Right of Violator to prescnt cvidence witnesses and cross-cxamine witnesses. (8) Notice that failure of Violator to attcnd the hcaring may rcsult in civil penalty and administrative hearing eosts being assesscd. (9) Noticc that requests lor continuanccs will not be considcrcd if not received by the Special Mastcr at least five (5) calendar days prior to the date set for the hearing. (C) Iftherc are cases to be heard. the Special Master shall call hearings on a monthly basis or upon the request of the Director. Except Il)!" such circumstances as deseribed herein, no hearing shall be set sooner than ten (I D) 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 lor continuance, showing good cause lor such continuance. is received in writing by the Special Master at least live (5) calendar days prior to the date set for the hearing. (E) All hearings of the Special Master shall be open to thc public. All testimony shall be under oath. Assuming proper notice. a hearing may proceed in the absence of the named Violator. (F) The proccedings at the hearing shall bc rccorded by thc Office ofthc City Clerk. (G) The City Clerk shall provide clerieal services and administrativc personnel as may bc reasonably required by each Spccial Master ill!" the proper perlormance of their duties. (1-1) Each case before a Spccial Mastcr shall be presented by the Director or his designee. The Manager shall havc the authority to retain legal counsel pursuant to parameters that may be adopted by the Commission. (I) The hearing necd not be conducted in accordance with thc tllrlllal rules relating to evidence and witnesses, but fundamental due process shall bc observed and shall govern the proccedings. Any relevant evidence shall be admitted if the Special Master finds it competent and reliable. regardless of the cxistcncc of any common law or statutory rule to the contrary. (.I) Each party shall have the right to call and examine witnesses: to introduce exhibits; to cross-cxamine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witnesses regardlcss 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 Enlllrcement Ofticer's decision. the Special Master must find that substantial competent evidencc indicatcs that the named Violator was responsible for the violation of the relevant section of the Code. {hJin.I!1Cl" .\ml'l1dlllg ell.it- 1':ntl'rCllllUll, (:h,ll'llT l-l H (L) The time for correction given by the Code Enforcement Officer to the named Violator and contained in the Civif Violation Notice is rcbuttably presumed to have been a reasonable time for correction. Upon prcsentation of relevant evidencc 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 bcing insufficient. If the Special Master determines that the time given for correction was insufficient, the penalty for a Continuing Violation shall be caleu1ated li'om the date determined by the Spccial Master to be a reasonable date for correction. (M) If the named Violator is found guilty of the violation. slhe ffiilJ' shall be held liable for the reasonable cost of the administrati\'c hearing cost. at the discretion ofthc Special Master~ $75.DO. (N) The filct-finding detcrmination of the Special Master shall be limited to whcther or not the violation alleged oceurred. and. if so. whether the pcrson 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 reverscs the decision of the Code Enfll!"cement Officcr andlinds the named Violator not responsible for the Code violation in the alleged iH-4+1€ Civil Violation Notice becausc thc department did not present substantial competent cvidcnce to indicate that such violator is responsible for the violation. then, and in that case. the named Violator shall not be liable lor the payment of any civil pcnalty. absent reversal of the Special Master's findings pursuant to any circuit court appeals. (0) The decision of the Spccial Master affinlling the decision of the Code Enlorcement Officer shall includc the following elements: (I) Amount of civil penalty. (a) I'rcscribed in thc scheduled of civil penalties as adopted herein. (b) Gravity of the violation. (e) Actions taken to correet said violation. (d) Any previous violations committed by the violator of a similar nature. (e) The Special Master may reduce the line amount imposed. (2) Administrative costs of the hcaring. which shall represent the average of aemal costs incurred Hl-IJreparation by the City in preparation for the specific hearing. shall be $75.DD. (3) Date by which the violation must be corrccted to prcvent resumption of Continuing Violation pcnaltics. if any. Section 12. Appeal of Order of the Special Mastcr. ()rdin.mCl' .\nlt'ndillg (:,dl' 1:.nf'lfCl1lk'lll, (:h,lPllf 1.1 9 (A) An aggricved party. including thc City. may appeal a linal ordcr ofa Special Master to the circuit court. Such an appcaj shall not be a hearing de novo but shall be limitcd to appellate review ofthc record created bcll)re the Special Master. An appeal shall be filed within thirty (3D) calendar days of the issuance of the order sought to be overturncd. Failure to make such appeal within the prescribed thirty (3D) day period shall render thc findings of the Special Master conclusive, binding and final. (8) Unlcss the t1ndings of the Spccial Master are ovcrturncd. said t1ndings ofthc Special Master shall be admissible in any procceding to collect unpaid penalties. (C) No aggrieved party other than the City may apply to the court for relief unless such party has first exhaustcd the remedies providcd 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 bc taken before any application is madc to the court lor relief: and no application shall be made by any aggricved party other than the City to a court for relief except li'om an order issued by a Special Mastcr pursuant to this Chapter. It is the intcntion of the City that. notwithstanding anything in this Ordinance to the contrary. thc City shall retain all rights and remedies otherwise availablc to it to securc compliancc with or prevent violations of the Code. For purposes of an appeal. the Clcrk shall make available. for public inspection and copying. the record upon which each final order of a Special Master is bascd. The Clerk shall make a reasonable charge commcnsurate with the cost for thc preparation of the official record on appeal and transmittal thereof to the circuit court for making certified copies of any record or portion thercof. Section 13. Rehearin~. Upon a filing ofa petition for re-hcaring by a Violator or by the City. a Special Master may rehear a case: (I) To take additional testimony or issue a new order. The petition must be liIed with the City Clerk and must demonstrate that thcrc is ncwly discovered cvidence which could not havc bccn discovered through the use of due diligence prior to the original hcaring and which will probably change thc result if a re-hearing is grantcd, or (2) The Special Mastcr has overlookcd or failed to consider something that renders the order issued crroneous. Each petition for re-hearing must bc Iiled within tcn (ID) days of the filing of the last ordcr issued in the case. Section 14. Recoverv of Unpaid Civil Penalties. Unpaid Penalties to Constitute a Lien: Foreclosure. (A) A certified copy of an order imposing a civil pcnalty shall bc recordcd in the public records and thereafter shall constitute a lien against the property on which the violation cxists and upon any other rcal or personal propcrty owned by the Violator; upon petition to the circuit court. such order may be entorced in the same manner as a court judgment by the sheriffs of this ()rdilunCl .\mnldin,l: {:'l,k ]':nf"rrUlllnl, (:h.lpllr 1.1 1 () State. including Icvy against the personal property, but such ordcr shall not be deem cd to be a court judgment except lor enlorcement purposes. A civil penalty imposcd pursuant to this Ordinance shall continue to accrue until the Violator complies or until judgment is rendered in a suit to foreclose a lien nled pursuant to this Chapter. whichcver occurs first. After three (3) months from the date of Ii lings of any such licn that remains unpaid. the City may loreclose or otherwise execute thc Iicn. (I) Prior to the filing or the order imposing an)' civil penaltics Thc Code Enforcement and Licensing Department shall endeavor to notify the subject propcrty owner of any civil penalties due to the City as f()lIows: (a) A "Sccond Notice" I Intent to Lien and Demand for pavment detailing the nature or the penalties and amount(s) due if payment of the penalties is not received by the (Hie date prescribed in the Civil Violatien-Neli€e within (10) calendar days of the date of Intent to Lien and Demand of payment or the Order of the Special Master. (b) A nnal notice titled "Final Notice of Intent to Lien and Demand for Paymcnt" thereafter ir the subject property owner fails to pay the amounts due within I D calcndar days of the service of the "Second Notice". (2) No such notices shall be required if the allcged violator fails to appcar at the subjcct Spccial Mastcr Ilcaring. In such a casc thc order of thc Spccial Master shall be thc final noticc of intcnt to Iicn. (3) Any and all orders recorded by the Office or the City Clerk that imposes penalties as prescribcd hcrein shall not be satisfied without the approval of the Office of the City Attorney in conjunction with the Special Master based on a recommendation ii'om the Director of the Code Enlorcemcnt and Licensing Department. (B) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties and code enlorcement liens. (C) No lien provided undcr this Ordinance shall continuc for a pcriod longer than twenty (2D) 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 competcnt 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 thc loreclosure. The continuation of the lien afrected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notiec. unless a noticc of lis pendens is recorded. Section 15. Provisions Contained herein are Supplemental. Nothing contained in this Ordinance shall prohibit the City Ii'om enforcing its Code by any other means; the enforcement procedures outlined herein are cumulative to all others and shall not be dcemed to be prerequisites to filing suit for the enlorcement of any section of this Code. (lrJilunCl' .\ml'llcling (:".k [':I1('J1Tl'l11l'llt. (:lu!'(l'r 1-1 11 Section 16. 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. Schedule of Civil Penalties. (A) The schedule of civil penalties, as may be amended from time to time, is hereby attached and identified as Exhibit "A". (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 $500.0D per day for a first violation and shall not be less than $50.00 nor more than $750.00 per day for a repeat violation. For the purposes of continuing violations, each day shall constitute a separate violation. Section 18. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are 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. Section 2D. Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or 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. Ordinance ;\mending Code Enforcement, Chapter 14 12 PASSED AND ADOPTED ON FIRST READING this JJ!: day of November, 20D6. oIJ.1, PASSED AND ADOPTED ON SECOND READING this l'i day of Decembcr, 2D06. ATTEST: ~A-~ Jane Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFIC ENCY Moved by: V; c.. t. ri\ A-Yo ~1~R Seconded by: CbWIm\~\bJl)fn. ~L.~SIItS VOTE AS FOLLOWS: S- 0 Mayor Edelcup Vice Mayor Brezin Commissioner Goodman Commissioner Iglesias Commissioner Thaler ( v )yes ( /../' )yes ( .......... )yes ( V)yes ( V)yes ( ( ( ( ( )no )no )no )no )no <, ()rJin;l11cc ..\ll1mJing Code Enforct'll1l'nl, Chapter 1-1- 13 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE Code Descriptiol/ of Violatiol/ Civil Sectiol/ Pel/a/~l' 2-8.1 Disclosing false information 55DD.DO 2-1DD(d) Illegal object(s) in thc right-of-way not contonning with 520D.OD Public Works Manual 2-ID3.1 Construction in right-ot:way without pCll11it S2DO.DO 2-1D3.1 Construction in right-of-way noneonfonning with ~\}- public works manual $500.0D 2-1D3.1 IIlcgal paving or drainage construction on private S2DD.OD property Failure to restore right-of-way or private propcliy to its $5DD.DD 2-103.1(b) preexisting condition or better within the time pennitted. 2-103.15(d) Illegal signs affixed to tree $50D.DD 2-1D3.15(d)(I) Illegal signs in right-of-way which penetrate or injure a &5B:OO- trec S200.00 2-1 03.l5(d)( 1) Illegal signs intight-of-way which penctrate or injure a $2DD.DD tree, second offensc $350.00 2-ID3.15(d)(1) Illegal signs in right-of-way which penetrate or injure a 55DD.DD tree, third or subsequcnt offense Illegal signs in the right-of-way equal to or less than 22 2-ID3.15(d)(2) inches by 28 inches overall secured by any non- 55D.DD adhesive means including but not limited to a stake, metal rod, rope, nails, thumb taeks, bricks or boulders. Illegal signs in the right-of-way equal to or less than 22 2-ID3.15(d)(3) inches by 28 inches overall secured with any adhesive 550.00 type of material including but not limited to material such as tape, glue, duct tape or paste. 2-ID3.15(d)(5) Illegal banners, pennants, or streamers in the right-of- S2DO.DD way 2-ID3.15(d)(6) Failure of sign retailer to post advisOlY notice S500.00 Placing an article in the public right-ot~way without a SIDO.DD 2-103.16 pennit, or failing to remove a news rack afier a pell11it $300.00 has been denied 2-ID3.21(H) Unauthorized use of fire hydrant S50D.DO 2-1D3.21(l) Unauthorized tampcring with lire hydrant S50D.00 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 2-97D Resisting or obstructing enforcement S500.DO 2-973 Violation of the tenns of a conscnt agreement S50D.DO All other Chapter 2 violations S2DO.DD 4-3(a) Providing ambulance service without a cel1ificate of SI,ODD.OO public convenienee and ncccssity 4-3(a) Advel1ising ambulance service without a cel1iflcate of SI,DOD.OD public convenience and necessity 4-7(a) Charging an unlawful rate S5DD.DD 4-7(a) Failure to post any and all authorized rates S500.DO 4-8(a)(J) Failure to make all records available tor inspection or S500.DD audit by the county 4-8(a)(1 ) Failure to furnish requested financial andlor operating S5DO.OD data to thc county 4-8(a)(2) Failure to maintain twcnty-four (24) hour public S5DD.00 telcphonc access Failure to provide the county manager with a CUITent list 4-8(a)(3) of telephone numbers and addresses of responsible S50D.DO management personnel 4-8(a)(4) Failurc to providc service twenty-four (24) hours cach S500.DD and evelY day - 4-8(a)(5) Failure to promptly answer evelY telephone call for S500.0D servi ce 4-8(a)(6) Failure to load and transport patients with a medical S5DD.OO emergency regardless of ability to pay Failure to provide each transp0l1 unit with dircct two- 4-8(a)(7) way communications with a central dispatcher at all S5DD.OO times Failurc to tape rccord all radio and te1cphonic service 4-8(a)(8) related conversations requesting ambulance service $5DD.OO received through the communications center 4-8(a)(8) Failure to maintain radio and tclephonic tapes for at S5DO.DO least sixty (60) days 4-8(a)( I D) Failure to notify county of change in vchicle data S50D.OD 4-8(a)(II) Failure to abide by response times tor each type of SI,DDD.DO scheduled and unscheduled transport 4-8(c) Hiring of individuals in violation of Scction 4-8(b) S500.0D 2 CODE ENFORCEMENT CIVIL PENALTIES AND J\lISCELANEOUS FEES SCHEDULE 4-8(d) Failurc to obtain annual vehicle operating pClmit $l,ODD.OD 4-8(c) Failure to have vehiclc annually inspected S5DD.00 4-8(1) Opcrating a vehicle with lights and siren on a non S5DD.00 cmergency call 4-8(g) Operating a hospital-based air ambulance in violation of $1,DDD.DO the Code 4-8(k) Transporting more than onc patient in an ambulance S500.0D vehiclc 4-8(1) Operating in excess of the authorized numbcr of active SI,DDO.OO andlor reserve vehicles 4-l3(c) Engaging an ambulance or air ambulance with intent to SI,DDD.OD defraud the cel1ificate holder 4-I6(a) Knowingly placing or publishing an advertisement $1,DOO.OO without the existence of a cel1ificate 5-2 Keeping wild animals or reptiles S2DO.00 Failure to ensure that animal sterilization requirements 5-2.1 are mct andlor breaching an agreemcnt to stcrilize an $500.0D animal 5-2.2(b)(I) Inadequately maintained housing facility tor animals. 20D.OD 5-2.2(b)(2) Failure to provide water or water not free of debris. $2DO.D\t- $350.DD 5-2.2(b)(3) Improperly stored food. SIOD.OD 5-2.2(b)(4) Inadequate ventilation. S20D.DD 5-2.2(b)(5) Failure to provide shade or insufficient shade. S2DO.OD $300.00 5-2.2(b)(6) Failure to mect primary enclosure standards. S2DO.OD 5-2.2(b)(7) Inadcquate or insufficient food. $2DD.DD 5-2.2(b)(8) Failure to clean primary enclosure. $200.00 5-2.2(b )(9) Improper separation of animals $500.DD Failure to administer required vaccines and anthelmintic 5-2.2(c)(2) to a cat or failure to test a cat for fcline leukemia before S50D.DO offering it lor sale or the appropriate time prior to sale. 5-2.2(c)(3) Failure to mierochip a dog or cat prior to sale. S50D.DO 3 CODE ENFORCEMENT CIVIL PENALTIES AND I\IISCELANEOUS FEES SCHEDULE Failure to have current official certificate of veterinary 5-2.2(c)(4) inspection at all times a dog or cat is being offered for S5DD.OD sale or is sold. 5-2.2(c)(6) Otfering for sale or sale of a dog or cat prior to eight (8) S50D.DD weeks of age. 5-2.2(c)(7) Failure to provide records tor inspection. S50D.DO 5-2.2(d)(I) Sale or breeding of Wolf-hybrids. S5DO.00 5-2.2(e) Failure to obtain a commercial breeder's license. S50D.OD 5-2.2(e)(6) Operating as a commercial breeder after suspension S5DD.DO revocation or denial of a commercial breeder's license. 5-2.2(!) Failure to register as a hobby breeder. S25D.DO 5-2.2(g) Failure to obtainlrenew kennel license. $250.DO 5-2.2(g)(6) Operating a kennel after suspension, revocation or S5DD.DD denial of a kennel license. 5-2.2(h) Failure to obtainlrenew pet store license. S25D.OD 5-2.2(h)(6) Operating a pet store suspension, revocation or denial of S5DO.OD a pet store license. 5-2.3 Sale or possession of dyed baby chickens, ducklings, S20D.DO rabbits or other animals or fowl 5-2.3.1 Sale of turtles without salmonella test S20D.00 5-2.3.2 Failure to post waming at displays ofturtJes for retail S200.00 sale 5-2.4.1 (a) Failure to secure animal while transporting in open vehicle I st offense $50.00 2nd offense SIDD.OO 3rd offense S2DD.DO 5-2.4.1 (b) Transp0l1ing animal in trunk of vehicle 2nd offense $IOD.OO 3 I'd offense S200.DD 5-2.5 Cruelty to animals S50D.OD 5-2.6(b) Trapping without a valid trapper's license $250.DD 5-2.6(b)(4) Using a trapping license of another or allowing another S250.0D to use a trapper's license 4 COD~: ENFORCEMENT CIVIL PENALTIES AND l\IlSCELANEOUS FEES SCHEDULE 5-2.6(c)(5) lmpropcr disposition of a trapped animal S5DD.DO 5-2.6(c)(6) Failurc to provide monthly report I st offense S50.DD 2nd offcnse SIDD.DO 3rd offense S250.DD 5-2.6(d) Disturbing the trap of another $500.0D 5-2.7(b) Grooming without a valid license $25D.DD 5-2.7(b)(4) Using a groomcr license of another or allowing another $25D.DD to use your license 5-2.7(b)(6) Operating as a groomer after suspension, revocation, or S50D.DD denial of a license 5-2.7(c)(1) Failure to mcct primary enclosure standards S2DD.OD 5-2.7(d) Failure to maintain adcquate ventilation $20D.DD 5-2.7(e)(1) Failure to perfonTI proper record keeping $50.DD 5-2.7(1) Failurc to maintain sanitary conditions for animals S200.0D 5-2.8(b) Training without a valid license S25D.DD 5-2.8(b)(4) Using a trainer license of another or allowing another to S250.0D usc your license 5-2.8(b )(6) Opcrating as a trainer after suspension, revocation, or S50D.DD denial of a liccnsc 5-2.8(c)(I) Failure to meet primary enclosurc standards S200.0D 5-2.8(d) Failing to maintain adequate vcntilation S20D.OD 5-2.8(e)(I) Failure to perfonTI proper record keeping S50.DD 5-4 Dog on bcach or in park &5&.-00- S250.0D 5-5 Dog defecating or urinating on public or common S50.00 propet1y $250.00 5-6(a) Spayedlneutered dog running at large in any manner First Offense &:S&.+J9- $100.00 Sccond Otfense 5+8G:OO- $200.00 Third Offense SWM8- 5 CODE ENFORCEMENT CIVIL PENALTIES AND i\lISCELANEOUS FEES SCHEDULE $30D.00 Each Subsequent Offense ~ $350.00 5-6(c) tntact dog running at large in any manner First Offense $15D.D9- $200.00 Second Offense S200.DD $350.00 Third Offense 53??.oo $350.DD Each S ubseq uent Offense llif},OO- $400.00 5-6.I(a) Dog beeoming a publie nuisance S5D.OD $5DD.00 Failure to confine dog during dangerous dog investigation or hearings; failure to provide addrcss 5-6.2(b) where the animal resides; relocating the dog during thc $10D.DD investigation or hearings; or transfer of ownership during the investigation or hearing 5-6.2(d)(17) Failure to confine dog during the dangerous dog S250.DD detennination appeal period 5-6.2(e) Failure to register dog as dangerous; renewal S50D.DD 5-6.2(g) Failure to give notice to Animal Control of cel1ain S5DD.DO OCCUITences involving dangerous dogs 5-6.2(h) Failure to notify Animal Control of change of S5DO.DD ownership of dangerous dog 5-6.2(i) Failure to muzzle or restrain dangerous dog $5DD.DO 5-6.2(j) Using dangerous dogs in hunting S50D.DO 5-6.2(m) Dangerous dog attackslbites person or other animal $5DD.DD 5-6.2(n)(I) Dog not classified as dangerous attackslseverely injures S5DD.DD or causes death to person 5-6.2(n)(2) Dog not classified as dangerous attackslseverely injures S500.0D or causes dcath to animal 5-7 Failure to vaccinate dog against rabies S50.DD 6 CODE ENFORCEMENT CIVIL PENALTIES AND i\1ISCELANEOUS FEES SCHEDULE 5-8 Failure to obtain requircd license tag for S5D.DD spayedlneutered dog Failure to obtain rcquiredlicense tag tor an intact dog S] 5D.DO Fai]ure of veterinarians to repOlt vaccination, havc 5-8.2 license tags avai]able for salc, and have County S25D.OD licensing literature available Failure to sclllicense and puppy tags upon transfer of 5-8.3 ownership of dogs and puppies, to have County S25D.OD licensing litcrature available, and to repOlt vaccination or sale of tags 5-11.1 Failure to follow euthanasia requirements S20D.DD 5-]5.1 Hindering or resisting Animal Control Officer or S5DO.DO interfering with anima] trap 5-17.2 Failure to eonfinc pit bull dog S5DD.OD 5-17.3 Failure of the owner of pit bull dog to maintain S50D.DD insurance or other evidence of tinancial responsibility 5-17.4 Failurc to register pit bull dog S50D.OD 5-17.6 Acquisition or keeping of pit bull dogs S50D.OD 5-] 7.7 Failure to post pit bull sign S5DD.OD 5-18 Violations of dog fighting prohibitions S5DO.OD 5-2D Failure to vaccinate cat against rabies S5D.DD 5-25 Failurc to vaccinate ferret against rabics S25.DD 8-1 Building Code violations: Note: Sections relating to Florida 8-] FBC S ] 04: Failurc of owner-buildcr or contractor to S5DD.OD obtain pennit 8-1 FBC S I D5.5: Failure to display pennit card SIOD.DD 8-1 FBC S I D5.6: Failure to obtain required inspection S5DD.OD FBC S I D6.1: Fai]ure to obtain required Ccrtificate of 8-1 Occupancy ("CO") prior to use or oceupancy or bcfore a S50D.OD tcmporary CO cxpires 8-1 FBC S I D6.3: Unlawfully connecting utility service S50D.DD 8-] FBC Chapter II: Failure to provide requircd S5DD.OD handicappcd acccssibility 8-1 FBC S 1817.1: Failure to properly guard and protect an S5DO.DD 7 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE excavation FBC S 1817.1: Failure to properly underpin or protect a $I,ODO.OD 8-1 footing or foundation against settlement caused by an excavation FBC S 1817.2: Unlawfully making an excavation which $I,DOD.OO 8-1 endangers adjoining property or buildings or is a menace to public health or safety Failure to maintain a building or structure in a safe 8-II(a) condition; failure to maintain devices or safeguards in $500.DD good working order Failure to obtain a certificate of inspection prior to $I,OOO.OD 8-II(c) placing in operation or continuing in operation any boiler or pressure vessel 8-II(e)(5) Failure to post the required certificate of inspection for a $500.0D boiler or pressure vessel 8-1 I (I)(iv)(l) failure of the owner of a 40 year old building to furnish $500.DD required written report to the Building Official 8-11 (l)(iv)(5) Failure of the owner of a 40 year old building to $5DD.00 complete required repairs or modifications 8-14 Failure to remove debris, equipment, materials or sheds $20D.OD 8-16 Failure to secure buildings and equipment $500.DO 8-2 I.! (c) Failure of property owner or permit holder to allow $5DD.DD SfBC S entry, South Florida Building Code S 201. l.b. 1. 8-21.1 (d) Failure to comply with lawful stop work order, South $5DO.00 SFBC S 20 I.! (d) Florida Building Code, SS 20Ie.1. 201.3. c. All other Building Code violations $2DO.OD 8A-l.l (b) Failure to provide County approved Visitors $250.DD Information Map. 8A-I.!(e) Failure to obtain signed or initialed acknowledgment $250.DO 8A-I.!(e) failure to provide records upon the Direetor's request $250.00 8A-1.! (I) Improper alteration or modification of an approved $250.00 visitor information map 8A-2 Renting car with car rental markings $ lOD.OD 8A-3 Failure to make available required child restraint $300.DD devices 8A-3.1 failure to post sign or provide written notice $3DO.00 8 CODE ENFORCEI\1ENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 8A-4(a) Failure to display or maintain proper motor vehiclc fuel S2DD.00 pnce sIgn 8A-4(b) Failure to display or maintain motor vehicle fuel pricc S20D.DD sign confonning to listed requircments 8A-4(c) Failure to display proper supplemcntal motor vchicle S2DD.00 fuel price sign 8A-5 Price gouging during dcclared state of emcrgency S50D.DD 8A-6(a), (b) and (c) Disclosure requiremcnts for retail shutter sales S50D.OD Soliciting motor vehicle repair work within one 8A-7 thousand (I ,DDD) yards of Florida Motor Vehicle S500.0D Inspection Station on publie road or public right-of- way 8A-8.3 Self-service merchandising of tobacco products S5DD.DD 8A-75 Violation of fair paekaging act S100.0D 8A--f{)ftt7- Failurc ofrctail e3tabli3hmcnHtHlisplay idcntification ~.~~ M 6!l-8oopping cal13 8A--f{)fb) & (c) Failurc ofrctail c3tabli3hmcnt to post warning-ftt1tiees I~, ^^ "^ 6fl-Ctlrts or at clll~s- Fttihu'C of a rctail cstablishmcnt to rctric\ e shopping S I DO.DO per 8f,76.I(B) shopping eafl-from Dcpartmcnt of Solid Wastc Maftllj,'etfleftt- ClIft- 8A-82.1 Violation of any tenn or condition of a written S50D.DD assurance of compliance Selling, keeping, offering or exposing for salc, or 8A-85 disposing of any eommodity ordered off sale, marked, S50D.OD or tagged as provided 8A-86 Violation of the tenns ofa stop-use, stop-removal, or S5DD.DD removal order 8A-93 Selling commodities by improper unit of measure SIOO.OD 8A-94 Improper packaging of commodities SlOD.DD 8A-95 Failure to include unit price on package SIOD.DD 8A-96 Misleading packaging S20D.OD 8A-97 Improper advcrtising of packaged commodities SIDD.DD 8A-98 Nonconfonnance with packaging and labeling S 1 00.00 regulations promulgated by the Director 9 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 8A-98.1 Failure to propcrly label perishable food packages with S2DD.OO proper tCllninal shclf lifc date 8A-98.2 Impropcr packaging of specified meats, poultry, fish or SIDD.DD seafood 8A-99 Failure to use "net wcight" when selling a commodity SIOO.OD by weight 8A-IOO Failure to sell spccified meats, meat products, poultry or SIDD.DO seafood by weight 8A-IDI Impropcr sale of bread SIDD.DD 8A-I02 Improper sale of butter or margarinc S10D.DD 8A-I03 Improper sale of fluid dairy products SIOD.DD 8A-ID4 Improper packaging of !lours, cOlllmeal or hominy SIDD.DD grits Failure to provide duplicate delivery tickct when 8A-105 delivcring bulk deliveries of commodities sold in tellns SIDD.DO of weight 8A-106 Improper sale or delivery of fUlllace or stove oil S!OD.OD 8A-107 Improper sale ofbclTies or small fruits SIDD.DO 8A-108(a) Making or disseminating untrue or misleading S50D.DD adver1isements Misleading or dcceiving public through usc of 8A-I08(b) variations in size of marking in advcrtisements, price S5DD.OD tags, ctc. 8A-I08(c) Failure to properly define "wholcsale" in S5DD.DD advertisements 8A-I08(d) Impropcr advertising as provided S50D.DD 8A-I09 Impropcr advel1isement of meats S2DD.DD 8A-11D(a) Failure to properly advertise the complcte purchase S50D.OD pllce 8A-I10(c) Illegal use of words "Public Notice," "Public Sale," etc. S20D.DD 8A-IID(d) Failure to properly display contingency, condition or S5DD.DD limitation on an offer 8A-IID.1 Discrimination in Tipping S50D.DO 8A-IID.! Failure to Properly Post Required Notice S5DD.DD ID CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 8A-111 Misrepresentation of price S2DD.DO 8A-III.! Obstruction of price screen SSDD.OD 8A-112 Failure to provide lor or allow proper check weighing of SIDO.OD prepackaged commodities 8A-113 Engaging in deceptive trade practices SSDD.OD 8A-114 Failure to provide baby diaper-changing SSDD.DD accommodations 8A-IIS(a) Possession or use of incorrect weight or measure S20D.DD 8A-IIS(b) Possession or use of unmarked or unsealed weight or S2DD.DD measure 8A-IIS(c) Improper disposal of rejected weight or measure S20D.DD 8A-IIS(d) Improper removal of mark or seal from weight or S2DD.OD measure 8A-IIS(e) Misrepresentation of quantity S20D.DD 8A-IIS(f) Misrepresentation of quantity by buyer S2DD.DD 8A-IIS(g) Illegal sale or advel1isement of commodities or services S20D.00 8A-llS(h) Improper placement of weight or measure S20D.DD 8A-IIS(i) Selling perishable food without a proper tenninal shelf S2DD.DD life date on the label 8A-IISm Improper packaging of meat S10D.OO 8A-Il7 Hindering or obstructing Director or inspeetor SSOO.DD 8A-118 Impersonation of Director or inspcctor SSDD.DD 8A-119 Violation of adopted misdemeanor statutes SSDD.OO 8A-I24.I(a) Display or advel1isement of go-carts or mini bikes S5DO.DD without required words as prescribed 8A-124.I(b) Failure by seller to obtain proper signed statement from SlDD.OO a purchaser of a go-cart or mini bike All other Chapter 8A Article III, Division 6 violations S2DD.DO Failure to deliver title loan agreement with all 8A-124.13 infonnation and disclosures required in sec. 8A-124.13. SSDD.DD Penalty for each item of noncompliance. 8A-124.14 Charging interest or other charges prohibited by sec. SSDD.DD 8A-124.14. Penalty for each item of noncompliance. II CODE ENFORCEMENT CIVIL PENALTIES AND !\1ISCELANEOUS FEES SCHEDULE Failure to return celiiticatc of title, or repossess and 8A-124.15 dispose of vehicle in compliance with sec. 8A-124.15. S500.DO Penalty for each item of noncompliance. Failure to redeem title or replace lost title loan 8A-124.16 agreement in accordancc with sec. 8A-124.16. Penalty S5DO.OD for each item of noncompliance. Operating or adveliising a title loan business without a 8A-124.l7 cUlTent valid license. Penalty for each itcm of S500.00 noncompliance. Fai1urc to maintain and disclose rccords in accordance 8A-124.l8 with sec. 8A-124.18. Penalty for each item of S5DD.OD noncompliance. 8A-124.l9 Violation of any provision of sec. 8A-124.19. S500.OD Violations. Penalty for each item of noncompliance. Violation of any other provision of Division 7. Penalty S500.DO for cach item of noncompliance. 8A-147 Failure to display schedule of charges for check-cashing S200.DD services All violations of Chapter 8A, Article VII S500.DD Making false chargcs tor motor boat repairs or pUlis, 8A-155 providing misinfollnation, or fraudulcntly substituting S5DD.00 parts 8A-156 Failure to providc or improperly providing written $5DD.OD estimate of motor boat repairs 8A-157 Failure to notify customer of repair charges exceeding $500.00 written estimatc 8A-I58 Failure to properly release repaired motor boat S5DD.DO 8A-16D Failure to properly post required notice $2DD.DD 8A-16D.1 Failure to prepare or present proper invoice for motor S200.DO boat repair work 8A-161.4 Failure to obtain registration $500.00 8A-161.7(a) and (b) Failure to maintain records or pellnit inspection; failurc to retain complaints; and failure to follow compliant S20D.00 procedurcs 8A-161.9 Unfair and deceptivc practices $5DO.DO 8A-161.10 Violation of Section 8A-161.1 D S500.OD 8A-161.1l Violation of Section 8A-161.11 S5DD.DD 12 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 8A-161.13 Violation of assurance of compliance S5DD.DD 8A-161.14 Failure to post notice to customers $20D.DD 8A-161.15 Failure to provide written analysis $2DD.DD 8A-161.24 Specialty and mastcr mechanics requircd $5DD.00 8A-161.26 Certification required; contents of application S5DO.DD 8A-161.28 Mechanic apprentice pe1111it and paintlbody apprentice $50D.DD pe1111it required 8A-161.31 Mechanic and technician ccrtilication required $5DO.00 8A-161.33 Failure to display cel1ificates $20D.OD 8A-161.34 Failure to maintain items required for motor vehicle S5DO.DO body repair facilities and motor vehicle paint facilities 8A-161.34.1 Failure to maintain items requircd lor motor vehicle $50D.00 mechanical repair facilities 8A-161.37 Failure to state registration number in advertisements S2DD.DD 8A-17I,8A-224 Failure to obtain a Miami-Dade County occupational $IDO.DO license 8A-175,8A-227 Failure to notify Tax Collcctor oftakeovcr or purchase S5D.OD of existing business 8AA-160(d) Failure to maintain membership in Sunshine State One SlDD.DD Call 8AA-39 Improper grounding S2DD.DO 8AA-41 Failure to provide equipment for hearing impaired $5D.OD 8AA-42 Failure to provide standby power SIOO.DD 8AA-45 Failure to provide A/B switch S50.0D 8AA-47 Failure to provide emergency override facilities $500.DD 8AA-48 Failure to service public building S I 00.00 8AA-50(b), Failure to provide required educational and government $500.DO 8AA-5D(c) acccss channels 8AA-5D(f) Failure to contribute capital costs $5DD.DO 8AA-52, Failure to comply with record and rep0l1ing 8AA-53, $50D.DD 8AA-54 requirements 8AA-57 Failure to maintain consumer protection provisions S500.DD 13 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 8AA-58(c) Failure to extend service to development S500.DO 8AA-]0] Failure to obtain a Communications Services Provider S5,ODD.DD Rcgistration 8AA-152, ]57, Failure to comply with construction and safety I 59(a)-(f), 16D, 161, requircmcnts S5DO.DO ] 62(a), 163, 164 8AA-]24 Failure to maintain insurance S500.0D 8AA-125 Failurc to maintain faithful perfonnancc bond or lctter S5DD.DD of crcdit All other Chapter 8AA, Article I violations S500.DD 8B-16 Failurc to file or abide by Gas Station Emcrgcncy Plan S5DD.DD 8C-3 Failure to illuminatc parking lots, alleys and access S500.DO thereto 8C-4 Fai]ure to provide ban'iers for public swimming pools, S5DD.DD spas and hot tubs ID-2X Failure to provide journeyman S5DD.DD 1 D-3(a) No certificate of competency as a mastcr, contraetor, S500.DD subcontractor, or qualifying agent No ccrtifieate of competency as a joumeyman, I D-3(a) maintenance person, installer or other similar S2DD.DD tradesman 1 D-4(a) Advertising as a contractor without ccrtificate of S5DD.DD competency 10-4(b) Failure to properly identify trucks S]DO.DD $25D.OO I D-4(c) Failure to include cel1ificate of competency number in SIOD.OD advertisemcnts ID-4.1 Publishing contractor advertisemcnt without including S50D.DO contractor certification number ]O-6(E) Failurc of qualifying agent to supervise, direct and $500.0D control work ID-13 Failure to maintain proof of continuous cmployment S2DO.DO ID-]3-1 Failurc to maintain proof of continuing cducation S2DO.DO ]D-19 Failure to maintain required insurance $2DO.DD 14 CODE ENFORCEMENT CIVIL PENALTIES AND I\I1SCELANEOUS FEES SCHEDULE 10-22(a) Contracting for work outsidc the scope of the certificatc S5DD.DD of competency 10-22(b) Abandonment of job S50D.OO I D-22(c) Divcrsion of funds or property S5DD.DD ID-22(d) Departure from or disrcgard of plans or spccitications S5DD.DO 10-22(e) Violating laws pertaining to contractor's business S200.DD I D-22(f) Misreprescnting a material fact in an application to S500.DO obtain a cel1ificatc 1 D-22(h)(I) Aiding and abetting a person not holding a cCI1ificate S5DD.DD I D-22(h)(2) Allowing a cel1ificatc to be used by an unauthorized S5DD.DD pcrson 1 0-22(h)(3) Failure of pcnnit holder to supervise, dircct and control S5DD.OD ajob 10-22(h)(4) Subcontracting work to pcrsonnot holding a certificate S5DD.00 10-220) Failure to supcrvise, direct and control all work S5DD.DO ID-22(k) Failurc to maintain insurance or workers compensation S5DO.DD coverage ID-22(1) Failure to maintain busincss or financial records S5DO.OO 10-22.I(a) Working outside the scopc of the certiticatc or acting as S50D.DD a contractor 10-22.I(b) Depm1urc from or disregard of plans or specifications S500.DO without consent ofthc qualifying agent ID-22.I(c) Misrepresenting a material fact in an application to S5DD.DD obtain a certificatc ID-22.I(d)(I) Aiding or abetting any person not holding a certificate S5DD.DD of compctency 10-22.1(d)(2) Allowing a certificate to be used by an unauthorized $5DO.OD person ID-22.I(c) Committing a li'audulent act $5DD.DD 1D-33 Failure to provide construction lien disclosure S500.DD All other Chapter I D violations $2DD.DD 15 CODE ENFORCEMENT CIVIL PENAL HES AND MISCELANEOUS FEES SCHEDULE 13-18(1) Exceeding peak pm1icle velocity by .05 inch pCI' second S I,DDD.OD (first violation) lor single blasting event $5DD.DO (second violation) 3,ODO.OD--IO,00D.00 14-1 Setting tire without pennit S20D.DO 14-4 Creating or maintaining fire hazard $2DD.DD 14-ID(5) Third false fire alann in one (I) calendar year $5DD.DO 14-10(5) Fourth and each additional false fire alann in one (I) S5DO.00 calcndar year 14-1D(6) Failure to file cel1ificate of inspection $250.DO Sections 5.201 and 5.2D4 of South Florida Fire 14-40(A) Prevention Code incorporated by reference in Scc. 14- $500.00 40(A) 14-44 Violation of uniform fire safety standards $200.0D 14-53 Failure to obtain required pennit or violation of $2DO.00 condition of penn it 14-56 Violation of South Florida Firc Prevention Codc $2DO.00 14-56 Violation of standards set forth in Scction 14-58 S20D.DD 14-62 Refusing to allow inspection S2DD.DD All othcr Chapter 14 violations S2DD.DO Utilizing the waste collection services of an 15-2 unauthorized wastc collection agency by a commcrcial $5DO.00 establishment Having waste container at curbside, right-of-way, or 15-2 street edge before or after specified hours ofnonnal SlDD.DD collection day Unauthorizcd removal ofrecyclablc matcrials or 15-2.1 recycling containers with the use of a motorized vehicle $250.00 Unauthorized removal ofrccyclable materials or 15-2.2 recycling containers without the use of a motorized S5D.OD vehicle Failure by multifamily residential establishment having $30D.DD 15-2.2 up to 25 units to provide a recycling program in $4DO.OD compliance with the requirements of Section 15-2.2 15-2.2 Failure by multifamily residential establishment having S650.0D 16 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE between 26 units and I DI units to provide a recycling program in compliance with the rcquircments of Section 15-2.2 Failurc by commercial establishment having up to and 15-2.3 including 3,ODO square feet to provide a recycling S3DD.DD program in compliance with the requirements of Section 15-2.3 Failure by commercial establishment having more than 15-2.3 3,00D and less than 1 D,DOD square feet to provide a S650.DD recycling program in compliance with the requirements of Section 15-2.3 Failure by commercial establishment having more than 15-2.3 I O,DDD square feet to provide a recycling program in S95D.DD compliancc with the requircments of Section 15-2.3 15-5 Unauthorized bulky or industrial wastc on right-of-way S200.DD 15-5 Un-containerized refuse, rubbish, or solid waste S2DD.DD Failure, by any person utilizing a ncighborhood trash 15-5.2 and recycling center, to plaee clean yard trash in areas S5D.DO designated for clean yard trash 15-6(b)(1), (3) Gencrallittering in an amount not exceeding 100 S5DO.DD pounds in weight or 5D cubic feet in volume 15-6(b)(1), (3) Illegal dumping in an amount not exceeding I DD pounds S4DD.DD in weight or 5D eubie feet in volume Illegal dumping in an amount exceeding 500 pounds in Sl,DDO.OD 15-6(b)(1), (3) weight or I DD cubic feet in volume, or from a commercial vehicle, or for commercial pUI1Joses 15-6(b)(2) Illegal dumping in any amount in any body of water $I,ODD.OO 15-6(b)(4) Accumulation oflitter in any amount at a construction S250.0D site 15-6(b)(5) Dumping a dead animal at any location noted in 15- $250.DD 6(b)(!), (2), or (3) 15-6(b)(6) Delivery, by any person, of garbage at a Neighborhood $250.0D Trash and Recycling Center 15-6(b)(7) Unauthorized dclivcry of solid waste at any S5DD.DD Neighborhood Trash and Recycling Center 15-6(b)(9) Vandalism at a Neighborhood Trash and Rccycling $5DD.DD 17 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS F~S SCHEDULE Centcr Deliveries of clean yard trash by a permittcd 15-6(b)(12) landscaping business to a neighborhood trash and S250.00 recycling center or Miami-Dade County-owned facilities in a vehicle that does not have a permit Modification ofa pennitted vehicle to incrcase thc 15-6(b)( 13) capacity of the vehicle after the vehicle has been S250.DO pennitted 15-6(b)(14) Un]awful usc oftrailer. S250.DO 15-17 Collecting or transporting waste for profit without S5DO.00 pcnnit 15-17(2) Engaging in wastc tirc transp011er without a pennit S5DD.DD 15-]7(3) Engaging in the generation ofwastc tircs without a S50D.00 pennit 15-74.4 Failure to register vehicle S5DD.DO 15-17.9 Failure to provide infonnation required by Section 15- S5DO.00 17.9 15-17. ]8 Utilizing the waste tire collection serviccs of anyone not S25D.DO holding a valid waste tire transp0l1er pennit Solid waste collection, transport, or dclivery for 15-25.2 disposal by private haulers operating in unincOl1Joratcd S2,DDO.DD Miami-Dade County without payment of the Disposal Faeility Fee All othcr Chapter 15 violations S1DD.DO 16A-1 D(VI)(h) Moratorium SIDO.OD ]6A-1I(1) Certificatc of appropriatcness rcquired S]DD.DD 16A-]3.1 Demolition by ncglect S5DD.00 16A-14 Cer1i ticates to dig SIDO.DO 17- ]5(d) Violation of any tenn or condition of a written consent S5DD.DD 17-55(d) agreement 17-23(1) Kitchcn sink, lavatory, tub or shower, or watcr closet 5+{J(},OO ] 7-59(1) mlSSll1g $200.00 17-23(1) Kitchen sink, lavatory, tub or shower not supplied with +0000- 17-59(1) hot or cold water $20D.OD 17-23(2) Lack of propcr privacy-providing door to water closet ~ 17 -59(2) and lavatory basin S50.0D 18 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANlmUS FEES SCHEDULE 17-23(2) Lack of proper water closet and lavatory basin facilities S+O\t;OO- 17-59(2) $150.00 17-23(3) Lack of proper privacy to bathtub or shower 50.DO 17-59(3) 17-23(3) Lack of proper bathtub or shower facilities S20D.DG- 17-59(3) $30D.00 17-23(4) Kitchen sink, lavatory basin, bathtub or shower not $+B&-OO- 17-59(4) propcrly connccted with both hot and cold water $200.00 17-23(4) Kitchen sink, lavatory basin, or bathtub or shower lacks $+B&.OO 17-59(4) either hot or cold water $200.00 17-23(5) Lack of watcr heater SIDD.DD 17-59(5) $25D.DO 17-23(5) Water heater not properly installed, maintaincd $+B&-OO- 17-59(5) operating, or connected $250.0D ] 7-23(6) Lack of proper non-pOliable cooking facility S5D.DO 17-59(6) $150.DD 17-23(6) Laek of utility conncctions for cooking facility S20D.OD 17-59(6) ] 7-23(7) Lack of adequate garbagc disposal facilities or garbagc $IDD.DO 17-59(7) storage containers 17-23(8) Lack ofrequired second means of egress S500.00 17-59(8) 17-23(9) 17-23(14) Lack of pennancnt space heating equipment with $20D.DD 17-59(9) adequatc BTU capacity 17-65(14) 17-24(1 ) Lack of adequatc window area in habitable room S5D.OD 17-6D(I) $15D.00 17-24(2) Lack of adequate ventilation in habitable room ~G 17-60(2) $150.00 17-24(3) Lack of pro pCI' light or ventilation in bathroom, shower W;OO- 17-6D(3) room or water closet compmiment $150.00 17-24(4) Lack of approved screening on door, window or othcr S5MG- 17-60(4) openings used lor ventilation $IDD.OO 17-24(5) Lack of approved screening or latticcwork on opening S5D.DD 17-6D(5) beneath a dwelling SIOD.OO 19 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 17-24(6) Lack of required clectrical convenience outlcts andlor $IDD.DD light fixture in habitable room, bathroom, shower room, 17-60(6) water closet compartmcnt or laundry room $150.00 17-24(7) Lack of adequate lighting in hall or stairway :SG:OO- 17-60(7) $15D.00 17-25(1 ) 17-28(1) Foundation wall not structurally sound or in sound or in S50D.00 17-61 (I) state of good rcpair 17-64(1) 17-25(2) Failure to keep dwelling or dwelling unit rodent proof SIDD.DD 17-61(2) $200.00 17-25(2) Dcteriorated floor joist causing floor to sag or floor S2DD.DD 17-61(2) lacks proper suppolis 17-25(2) POIiion of floor deteriorated S5D.OD 17-61(2) $1DO.DO 17-25(2) Bathroom or kitchen floor not impcrvious to water &:SG:OO- 17-61(2) $200.00 17-25(2) Deteriorated or leaking ceiling SIDD.DO 17-61(2) S200.DO 17-25(2) S5DO.DO 17-61(2) Leaking or dctcriorated roof 17-64(1) 17-25(2) Roof overhang, roof overhang vent screcn or fascia S50.DD 17-61(2) board deteriorated 17-25(2) Kitchen sink drain board or cabinet deteriorated or &:SG:OO- 17-61(2) damaged $10D.00 17-25(2) Interior door, door jamb, door casing or door stops S25.00 17-61(2) deteriorated, damaged or missing $150.0D 17-25(2) Interior door hardware missing or brokcn S25.DD 17-61(2) $150.00 17-25(2) Interior door not operable $25.DD 17-61(2) $15D.00 17-25(2) Windows not operable or watertight S5D.DD 17-61(2) $150.00 17-25(2) POliion of window components dcteriorated or support S25.DD 17-61(2) mechanism defcctive S150.0D 2D CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 17-25(2) Window glass missing or broken S5D.DD 17-61(2) S200.OD 17-25(2) Jalousie window glass clips broken or missing S25.0D 17-61(2) $150.DO 17-25(2) Window screen frame or trim dcteriorated or does not S25.DD 17-61(2) tit window opening 17-25(2) Exterior door not watertight or operating properly S25.DD 17-61(2) $150.00 17-25(2) Exterior door threshold or trim missing or deteriorated lli:OO- 17-6](2) $150.00 17-25(2) Exterior door deterioratcd, damaged or missing S I 00.00 17-61(2) $2DD.DD 17-25(2) Exterior door hardware broken or missing S25.DD 17-61(2) $100.00 17-25(2) Extcrior door glass broken or missing S50.DO 17-61(2) $15D.DO 17-25(2) 17-27(8) Exterior door screcn wire deteriorated or damaged S25.DD 17-61 (2) 17-63(8) 17-25(2) Interior wall or base board deteriorated or damaged ~5,Be 17-61(2) $50.0D 17-25(2) Deteriorated wall studs, siding or corner trim S25.DD 17-61(2) $5D.DD 17-25(2) Deteriorated or missing wall stucco $25.DD 17-61 (2) $50.00 17-25(2) Deteriorated or improperly secured awning or shutter 25.DD 17-61(2) S150.0D 17-25(3) Deteriorated entrance steps or entrance pJatfonn S2DD.DD 17-61 (3) $250.00 17-25(3) Deteriorated guard rails or hand rails 5+t){}OO- 17-61(3) $250.00 17-25(3) Dcterioratcd stair stringers, suppot1 columns or stair S2DO.OD 17-61(3) landing S250.DO 17-25(3) Deteriorated stair treads or risers ~g 17-61 (3) $250.DD 21 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 17-25(4) Failure to maintain chimney or smokc pipe or fluc and $2DD.DD 17-61(4) vcnt attaehmcnts thereto 17-25(5) Failure to maintain and protect exterior surfaces SIDO.DO 17-61(5) $250.00 17-25(6) Failure to kcep plumbing fixtures, water pipes, waste ~MG- pipcs, drains, and waste lines in good sanitmy working 17-61(6) condition. free from defects, leaks, or obstructions $250.00 17-25(6) Loose or defective sewer waste vent stack S5D.DO 17-61(6) 17-25(6) Defective sewer waste line SIDO.OD 17-61(6) $200.DO 17-25(6) Kitchen sink hot or cold water supply line defective S25.0D 17-61(6) $100.00 17-25(6) Kitchen sink waste line improper, missing, clogged or S25.DO 17-61(6) Icaking $15D.OD 17-25(6) 17-25(8) Kitchen sink faucet leaking or handles broken or S25.DD 17-61(6) InIssmg $100.00 17-61 (8) 17-25(6) 17-25(8) Kitchen sink not properly secured S25.DD 17-61(6) $2DD.00 17-61(8) 17-25(6) 17-25(8) Lavatory basin hot or cold water supply line defective S25.DD 17-61(6) $20D.00 17-61(8) 17-25(6) Lavatory basin waste line improper, missing, clogged or S25.DD 17-61 (6) leaking $200.00 17-25(6) 17-25(8) LavatOlY basin faucet leaking or handles broken or S25.00 17-61 (6) mlssll1g $200.DO 17-61(8) 17-25(6) 17-25(8) Lavatory basin not properly securcd S25.DO 17-6] (6) $2DO.DO 17-61 (8) 17-25(6) Tub or shower or cold water supply line defective S25.DD 17-25(8) 22 CODE ENFORCEMENT CIVIL PENALTIES AND i\I1SCELANEOUS FEES SCHEDULE 17-61(6) $20D.00 17-61(8) 17-25(6) Tub or shower waste line improper, missing, clogged or S25.DD 17-61(6) leaking $200.00 17-25(6) 17-25(8) Tub or shower faucet leaking or handlcs broken or lli:OO- 17-61(6) ITIlSSll1g $100.00 17-61(8) 17-25(6) 17-25(8) Water closet water supply linc, flush ell, or flush S25.0D 17-61(6) mechanism defective SI5D.OD ] 7-6](8) 17-25(6) 17-25(8) Water closet waste line improper, missing, clogged or &-2-:S:00- 17-61(6) leaking $20D.00 17-61(8) 17-25(6) 17-25(8) Water closet not properly sealed or sccured ~e- 17-61(6) $50.00 17-61(8) 17-25(6) 17-25(8) Water c10sct seat or tank lid defcctivc, broken or S25.DO 17-61 (6) mIssIng 17-61(8) ]7-25(6) Scptic tank not properly sealed S5DD.DO 17-61(6) 17-25(7) Failure to maintain water impervious t100r in water S50.00 ]7-61(7) closet compartment, bathroom, or shower room $2DD.00 17-25(8) Electrical light fixture defective, improperly installed or S5D.DD 17-61(8) mlssll1g $200.00 17-25(8) Electrical light switch defective, improperly installed or S50.DD 17-61(8) mlssmg $200.00 17-25(8) Electrical wall outlet defective, improperly installed or S5D.00 17-61 (8) 1111 sSll1g $10D.OD 17-25(8) Electrical switch or wall outlet cover plate broken or $50.DD 17-61(8) ITIlSSll1g $300.00 17-25(8) Non-confonning electrical wiring used to extend $20D.DO 17-61(8) permanent wiring 23 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 17-25(8) Electrical panel box cover missing ~e 17-61(8) $150.DO 17-25(8) Water heater electrical wiring impropcr ~O 17-61(8) $30D.OD 17 -25(8) Water pump defective $2DO.DO 17-61(8) S4DO.00 17-25(8) Cooking facility defective 5:SMG- 17-61(8) $200.00 17-25(9) Failure to provide continuing services to assure $IDD.DD 17-27(11) 17-61(9) minimum requirements of maintenance and sanitation $2DO.OD 17-25(9) Failure to provide tenant with name, address and phone 17-27(11 ) $25.DO 17-61(9) number ofperson(s) providing continuing services 17-26(1) Undersized area being used as dwelling or dwelling $50D.DO 17-62(1) unit 17-26(1) Overcrowded dwelling or dwelling unit $100.00 17-62(1) 17-26(2) Using room ofless than eighty (8D) square feet for $200.00 17-62(2) sleeping purposes in a dwelling or dwelling unit $3DD.00 17-26(2) Using room oflcss than eight (8) feet in width for S2DO.DD 17-62(2) sleeping purposes in a dwelling unit $300.00 17-26(2) Overcrowded sleeping or donnitory room $20D.DO 17-62(2) 17-26(3) Using room with ceiling height of less than seven (7) 5WMG- 17-62(3) feet for living, sleeping, cooking or eating purposes or $300.DD as a bathroom 17-26(4) Improper access to bathroom, shower room, water S2DO.00 17-62(4) closet compartment, or sleeping room Improper acccss to bathroom, shower room, water 17-26(4) closet compmiment, or sleeping room. Bathroom, $5D.DD 17-62(4) shower room or water closet compmiment accessible $200.00 without going outside of building or through another sleeping room 17-26(5) Using a cellar or basement space as a habitable room or $2DO.DD 17-62(5) dwelling unit 17-27(1 ) Failure to keep dwelling unit or portion thereof clean $IOO.OD 17-27(2) 24 CODE ENFORCEMENT CIVIL PENALTIES AND I\1ISCELANEOUS FEES SCHEDULE 17-27(3) and sanitary $300.DD 17-63( I )(2)(3) 17-27(2) 17-27(3) Trash, debris, refuse, or garbage on premiscs $IDD.DO 17-27(6) 17-63(2)(3)(6) 17-27(4) Exccssive growth of weeds, grass, or othcr flora SI DD.OD 17-63(4) $25D.OD 17-27(5) Failure to kecp plumbing fixtures, sanitary facility, or SIDO.OO 17-63(5) appliances and equipment therein sanitary and clean 17-27(7) 17-29(12) Failure to extenninate insects, rodents, tennites, vcnnin, $IDD.DO 17-63(7) or other pests $3DD.00 17-65(12) 17-27(8) Failure to provide required window screens S50.DD 17-63(8) 17-27(9) Failure to grade or maintain exterior Jlrcmises to prcvent S50.0D 17-63(9) accumulation of stagnant water $15D.00 17-27(11) Failure to provide continuing maintenanee and S2DO.00 17-63(11 ) sanitation services 17-27(11) Failure to provide tcnant with name, address, and 17-63(11) telephone number of maintenance and sanitation service S25.00 providers 17-28(1) Failure to keep accessory structure structurally sound or &)&.00- 17-64(1) maintained in good repair $200.00 17-28(3) Allowing water to accumulate on roof of aecessory S50.0D 17-64(3) structure $300.0D 17-28(4) Failure to maintain and protect exterior surface of SIDD.DD 17-64(4) accessory structure or fence $250.00 17-28(5) Failurc to maintain plumbing fixture, water pipe, waste 51 DD.DO 17-64(5) pipe or drain in good sanitary working condition $250.00 17-29(1) Operating hotel or rooming house without required S5DD.DD 17-65(1 ) license or pennit 17-29(2) Using or letting hotel or rooming house room ofless 17-65(2) than prescribed square footage, minimum width, or S2DD.DD average cciling height for sleeping purposes 17-29(2) Overcrowded hotel or rooming house unit $2DD.DD 17-65(2) 25 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 17-29(3) Lack of requircd number of flush water closets, lavatory 17-65(3) basins, or bathtubs or showers in hotcl or rooming S5DD.00 house Failure to locate water closet, urinal, bathtub or shower 17-29(3) in room affording privacy to user or less than one (1) S5D.00 17-65(3) story removed from the hotel or rooming unit of an intcnded user Water closet, urinal, bathtub or shower not accessible 17-29(3) without going outside of building or without going S5D.00 17-65(3) through a dwelling, hotel or rooming unit of another occupant 17-29(3) Failure to supply hot or cold water to lavatory basin, $lDD.DD 17-65(3) bathtub or shower in hotel or rooming unit $250.00 17-29(6) Failure to keep walls, floors, ceilings, other parts of the 5+00:00 17-65(6) rooming or hotel unit and premises in a sanitary $25D.DO condition 17 -29(7) Allowing cooking in hotel or rooming unit sleeping S50.0D 17-65(7) rooms 17-29(8) Failure to provide approved means of egress in hotel, S50D.OD 17-65(8) rooming house, hotel unit or rooming unit 17-29(9) Maintaining rubbish on hotel or rooming house SIDD.Oe- 17-65(9) premIses $250.DO 17-29(ID) Failure to promptly dispose of garbage through use of 17-65(lD) approved mechanical equipment or placemcnt in $lDD.DD required containcr in a sanitary manner 17-29( 12) Failure to extell11inate insects, rodents, vell11in, tell11itcs $500.00 17-65(12) or other pests in hotel or rooming house Letting lor occupancy of a rooming or hotel unit 17-29(14) without adcquate heating facilities of an approved type $2DD.DD 17-65(14) properly installed and in safe and good working $300.00 condition 17-29(14) Using an unapproved accessory heating unit S2DD.DD 17-65(14) 17-29(14) Using an unsafe heater, cooking stove or oven for $2DD.00 17-65(14) heating purposes 17-29(14) Failing to provide a gas pipe outlet or an electrical 17-65(14) outlet and circuit for the user of gas space heaters or $5DO.DD p011able electrical heaters 26 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 17-30 Failing to vacate a dwelling, dwelling unit, hotel, hotel S500.DD 17-66 unit, rooming house or rooming unit placarded as unfit for human habitation 17-30 Defacing or removing placard SIDD.DD 17-66 S250.0D 17-59(5) Solar watcr heater lacks thenTIostatic controlled boostcr S50.DD 17-59(5) Solar water heater booster not operating properly S50.DD All other Chapter 17 violations S200.DD 17A-16(l) Structurc or premises infested with mice, rats, roaches, 5-5Me 17A-16(3) flcas, or other venTIin or pests S350.00 17A-J6(l I) 17A-16(1) Foundation wall deteriorated S50D.DD J7A-16(4) 17A-16(2) Exterior wall deteriorated &:5Me- 17A-16(4) S250.DO 17A-16(2) Roof dctcriorated or leaking ~Me- 17A-16(4) S25D.OD 17A-16(2) Roof overhang detcliorated S25.DD 17A-16(4) $250.0D 17A-16(3) Failure to maintain windows or doors in good condition S25.DD 17A-16(4) Failure to repair or replace rotted or deteriorated S25.0D exterior areas 17A-16(4) Main sill or column deterioratcd S25.0D 17A-16(5) S350.0D 17A-16(4) Wood suppOli beam deteriorated S25.DD 17A-16(5) $150.00 17A-16(4) Guard rail deteriorated S25.DD 17A-J6(5) $ I 50.00 17A-16(4) Entrance step or platfonTI deteriorated S25.0D 17A-16(5) $ I 50.00 J7A-16(4) A wning or shutter deteriorated $25.DD 17A-I6(5) $150.00 17A-J6(4) Stair treads, risers or landing deteriorated S25.DD 27 CODE ENFORCEMENT CIVIL PENALTIES AND i\I1SCELANEOUS FEES SCHEDULE 17A-16(5) l7A-16(4) Stair handrails deteriorated S25.DD 17A-16(5) 17A-16(4) Stair support column deterioratcd S25.DO 17A-16(5) 17A-16(6) Exposed wood or metal surface lacks paint or other S25.00 approved coating 17A-16(7) Failure to maintain, disconnect or remove utility S2DD.DO connection l7A-16(8) Failure to provide non-p0l1able cooking facility ~&- S25D.00 17A-16(9) Sewer waste vent stack loose or defective S25.0D 17A-16(9) Waste line clean-out plug missing S5D.DD 17A-16(9) Sewer waste line defective SftB&- $IOO.DO 17A-16(9) Septic tank not properly sealed S5DD.DO l7A-16(10) Excessivc growth of weeds, grass or other !lora $IDD.OO $250.0D 17A-16(11) Failure to extenninate rodcnts, roaches, !leas, ve11l1in or S5D.OO other pests $35D.OD 17A-16(11) Maintaining rubbish or garbage $lDD.DD $250.00 17A-16(12) Crawl spacc openings lack screens $25.0D 17A-16(12) Window, door or other exterior opening not properly S50D.OD secured to prevent human entry All othcr Chapter 17 A violations $2DD.DD Ch.18A All Chapter 18A Violations S500.DO 19-3 Allowing public nuisance to exist S I 00.00 19-4(C) lIlegal disposal of cuttings, solid waste or junk S50D.OD ~ Failure to comply v,i~eheftule- ~&.-OO- 19-6 Allowing a violation(s) condition to exist $25D.DO 19-8(A) Unlawfully depositing, stOling or maintaining junk $250.0D 19-8(B) Unlawfully maintaining a junkyard in a residential S5DO.OD district 28 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 19 10 8ttffiwful accumulation of llammable-fUbbish-ef S25D.DD matcrial 19 II Unlawful storagc of construction mlllerittls-wiilmtlt S25D.DD having active building pcnnit 19-12(13) Failure to remove junk vehicle after notiec S25D.DD 19-13(A) Failure to perfonn lot maintenance in residential $25D.DO district 19-13(8) Failure to maintain right-of-way swale area abutting S25D.DD private propel1y 19-13(D) Open-air storage of prohibited items $IDO.OO 19-14(A) Failure to perfonn lot maintenance in non-residential $25D.DO zoned district 19-14(8) Failure to maintain right-of-way swale area abutting $25D.DD private property 19-14(C) Failure to correet agricultural practice or use $25D.DD 19-15.3 Failure to maintain parking lot surface $250.00 ]9-15.3 Failure to maintain required parking lot striping or S250.0D pavement markings 19-15.4 Failure to obtain parking lot repair pennit prior to S25D.DO commencing work 19-15.5(A) Failure to maintain or provide litter bins S250.DO 19-15.5(A) Failure to provide required bicycle parking signage S25D.DD 19-15.5(A) Failure to provide bicycle racks of code approved $250.DO design description 19-15.5(8) Failure to remove litter from premises or abutting right- SIDD.OD of-ways 19-15.5(C) Failure to provide litter containers in required locations $IDD.DO 19-15.5(C) Failure to secure litter bins $IOD.DO 19-15.5(C) Failure to maintain litter bins free of graffiti or $10D.DD overflow 19-15.5(D) Failure to post required anti-littering sign $IDD.DO 19-15.5(1') Failure to comply with site plan $5DO.OD 19-15.6 Failure to maintain premises lighting S25D.DD 29 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 19-15.6 Altering prcmises lighting conliguration or design S250.DD without first obtaining a permit 19-15.7 Failurc to maintain intollnational or directional sign in S25D.DD safc or visible manner 19-15.7 Failure to maintain infollnational or directional sign li'ee S250.00 of grafliti 19-15.8(a) Failure to repair or replace a sign without first obtaining S25D.00 a permit 19-15.8(b) Failure to maintain illuminated signs or marquee signs S250.00 in functional state 19-15.9(a) Allowing an unsafe condition to exist at premises $25D.00 entrance or egress 19-15.9(a) Failure to maintain entrance or egress areas in S250.DO accordance with the approved site plan 19-15.9(b) Unlawfully obstructing walkway, parking lot, green S25D.00 area or right-of-way 19-15.ID Failure to maintain building exterior surfaces frec of S25D.DD peeling paint or graffiti 19-15.11 Failure to maintain masonry \Valls, fences or landscape S25D.DD buffers in accordance with the approved site plan 19-15.11 Failure to maintain fences or masonry walls free of S25D.DD structural or visual deterioration 19-15.11 Failure to maintain landscape in accordance with S25D.DO approved site plan 19-15.11 Failure to maintain landscape in accordance with S25D.00 chapter 18A 19-15.12(A) Unlawful display of vehicle for sale SI DO.OO 19-15.12(13) Unlawful use of vehicle as business advcrtising display SIDD.DD 19-15.12(C) Second or subsequent offense of illegal display of S50D.DD vehicle for sale 19-15.12(C) Second or subsequent offense of illegal use of vehicle as S50D.DD business advcliing display 21-20.18 Failure to perfolln criminal history records check in S5DO.DO connection with sale of firealln Failure to wait live days in connection with the sale of S5DD.00 fi realln 3D CODE ENFORCEMENT CIVIL PENALTIES AND iVIISCELANEOUS FEES SCHEDULE 21-28 Excessive noise violations S IDD.OO 21-30(2) Destroying, damaging or vandalizing public propel1y, S5DD.DD including public right-of-way 21-30.01(d) Failure to removc graffiti from non-commercial S50.00 propel1y 21-30.Dl(d)(J) Creating graffiti S25D.DD 2nd OITense S50D.DD Subsequent OITcnscs $500.DO 21-30.01(1) Failure to remove graffiti from non-conllllercial $5D.DD property 21-30.01(1) Failure to remove graffiti from commercial property S25D.OD 21-30.DI(g)(I) Possession of spray paint or marker to make gram ti S25D.00 2nd Offense S5DD.DD Subsequent Offenscs S50D.DD 21-30.01(g)(2) Possession of spray paint or markcrs by minors on S25D.DD public propel1y 2nd OITcnse S5DD.DD Subsequcnt Offenscs $I,ODD.OO 21-30.01(g)(3) Possession of spray paint or markcrs on private property S25D.00 without consent of owner 2nd Offense S5DO.DD Subsequent OITenscs $5DD.DO 21-30.01(h)(I) Sale of spray paint or markcrs to persons under eighteen SIOD.OD (18) years of agc Subscquent Offenses S20D.00 21-30.01 (h)(2) Failurc to display graffiti waming signs or improper S10D.DD storage of spray paint or markers 21-30.D I (h)(3) Violation of spray paint or marker sale injunction SIOD.OD 21.31.2(b)(4) Failure to Post Alcohol Waming Sign After Warning S50D.DD 21-34(a) Obstructing, damaging, destroying, or interfering with SIOD.DD canal, drain, ditch, watereourse, etc. 21-47(3)(b) Allowing high risk scxual activity at bathhouse and $500.DD health club 31 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 21-47(3)(d) Occupying or allowing two (2) or more persons to S500.DD occupy stall at bathhouse and health club 21-47(4)(a) Private rooms at bathhouse and health club S5DD.OO 21-47(4)(c) Lighting at bathhousc and hcalth club S25D.00 21-47(5) Posting name and address of owner and opcrator of S5DD.OD bathhouse and hcalth club 21-47.1(3)(a) Person engaging in sexual activity at adult bookstore or S 10D.DO adult video storc 21-47. ] (3)(b) Allowing sexual activity at adult bookstorc or adult $5DO.00 video storc 21-47.1(4)(a) Failure to provide only single-scat chairs in viewing S50D.OO rooms 21-47.I(4)(c) Failure to provide minimum lighting at adult bookstorc S50D.00 or adult video storc 21-47.1(4)(d) Failure to provide permanently open entranceway to S5DD.DO VICWll1g rooms 21-47.1 (5) Failure to post name and address of owner and operator S5DD.OD of adult bookstorc or adult video store 21-48 Sale and installation ofsatcllite dish antcnnas to S5DO.00 residcntial customers 21-112 Failure to properly till abandoned well SIDD.DD 21-113 Failure to cover a wcll $5DD.DD 21-113 Failure to mark a well with proper tlag SIOD.OO 21-114 Failure to obtain a self-harvest agricultural field peImit S5DD.DD 21-115 Allowing child under ten (10) years old onto selt~ S3DD.DD harvcst agricultural ficld 21-116 Failure to post rcquired four (4) warning signs in a self- $50D.DO harvest ficld open to the public 21-116 Failure to post four (4) signs in areas of self-harvest $5DD.DD field closed to the public Failurc by excavator to mark thc path of proposed 21-222(b) excavation consistent with the standards of the S500.DO American Public Works Association when rcquired 21-222 Failure to notify State one-call systcm prior to S5DD.OD excavation 32 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 21-222 Excavation without clearance from owncrs of S5DD.DO undcrground facilities 21-222( d) Failurc by an excavator to engage in exploratory S5DD.DO digging when required 21-222(e) Failure to use water based paint to mark locations $5DD.DO 21-225 Excavation when utility markings are not visible $5DD.DO 21-225 Willful removal of markings of underground facilities: S50D.OO 21-225(b) Failurc to cease excavation after damaging an S5DO.OD underground facility 21-225(b) Failure by excavator causing damagc to an underground S500.DD facility to notify the owner of that facility 21-225(c) Failure to disclose known conflicts on pennit drawings S500.DD Installation of new undcrground facilities which create a conl1ict with existing underground facilities without 2l-225(c) approval by pcnnitting agency or the taking of measures S50D.DD to protect the maintenance, or opcration of the existing facility as may be required Engaging in directional boring without the ability to 21-225(d) monitor the location ofthe bore head or equivalent S5DD.DO equipment 21-226 Failure to cease excavation upon contact with S250.DD underground faci Ii ty 21-227 Excavation after order to stop S5DO.OD 21-253 Failure of adult group home to provide a suitable 1'01111 S2DD.DO of identification to incapaeitated residents 21-253 Failure of adult home to promptly replacc lost or worn S200.DD fonn of identi fication 21-276(4) Failure of user to tile alann registration or pay S50.DD registration fee 21-276(4) Second and subsequent violation by the alann user S IDO.OD 21 276(5) Usc of burglar alann .,vithwHetjuirccl cquipmcnt &5G:OO--- 21-276(6) Failure to providc required fonns and registration andlor $10D.DO failure to comply with company rcquircments 21-276(7) Failure to verify alann signal prior to contacting MDPD SIDD.DO personnel 33 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE Failure of an alarm monitoring company to notify the 21-276(8) Miami-Dade Police Department within ten minutes of SIOD.DO notiee that an alaml was false 2 I 276(9) Fom1h falsc burgltlr alaffiHltilwg-rq;istration peried- ~ 21 276(9) Fifth falsc burglar alarm during rcgistratieft-j}ffied- S 1 00.00 21 276(9) Sixth and each additiollal fal3c burglar-alftfHHltlffflg S2DD.DD registfttlffin period . Failure to confiml that a prospective renter, lcssee or adult resident is not a sexual offender or predator prior 21-283(b) to renting or leasing propel1y for use as a residence S5DD.00 when said rcsidence is located within 2,50D fcet of a school 24-15 Failure to have plans approved $2DD.OD 24-15.1 Non-compliance with procedures for approval of plans $2DD.DD 24-15.3 Non-compliance with the standards for preparation of $2DD.DO plans 24-16(2) Deviations from conditions of approval $250.00 24-18 Failure to properly sccure rcquircd operating pennit or S25D.00 comply with the conditions of an operating pennit 24-19 Failure to properly provide compctcnt supervision $2DD.DD 24-20 Failure to rep0l1 breakdown or lack of proper SIDO.DD functioning 24-21 Failure to maintain and keep operating records S2DD.OD 24-22 Unlawfully circumventing Code requirements $2DD.DD 24-25 Violation ofrcferenced rules and regulations $250.DD 24-27 Causing a sanitary nuisance S5DO.DO 24-28 Maintaining a sanitary nuisancc S50D.00 24-41(1) Discharging air contaminants above prescribed level $10D.DO 24-41 (2) Diseharging air contaminants to a degree greatcr than SIDD.DD specified 24-41.1 Noncompliance with provisions regulating motor S5D.DD vehicle cmissions and emission control devices 24-41.3 Noncompliance with standards regulating sulfur dioxide SIDD.DO emISSIon 34 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 24-41.4 Open burning S25D.DO 24-41.6 Violation of requirements for storagc and handling of S25D.OD petrolcum products 24-4] .8 Operation of oil-effluent separator without rcquircd S250.0D vapor control devices 24-41.11 Violation of ozone-depleting compound regulations S5DD.DO 24-41.12 Violation of ozone-depleting compound regulations S500.DD 24-41.13 Violation of ozone-depleting compound regulations $5DD.DD 24-41.14 Violation of ozone-depleting compound regulations S5DO.DD 24-41. J 6 Spraying substances containing asbestos S50D.DD 24-42(1) Discharge of prohibited substances into County waters S200.0D 24-42(2) Exceeding effluent standards for discharges S200DD 24-42(3 ) Unlawful diseharge affecting water quality S200.00 24-42.1 Breach of effluent standards by new sewage treatment S2DD.DD plants and industrial waste trcatment facilitics 24-42.2 Non-compliance with provisions regulating sanitary $25D.DO sewer collection and transmission systems 24-42.4 Discharging prohibited wastes or substances into S300.DD scwcrs 24-42.5 Bypassing a waste treatment facility S2DO.DD 24-43 Noncompliance with provisions and standards S3DO.DO protecting public potable water supply wells Noncompliance with provisions regulating waste water 24-43.1 disposal and treatment methods other than sanitary SlOD.OO sewers 24-43.2 Noneompliance with provisions regulating wells SIOO.DD 24-45 Noncompliance with provisions regulating undcrground S250.DD storage facilities 24-46 Noncompliance with provisions rcgulating liquid waste $250.0D transporters 24-47 Noncompliance with provisions regulating metal $3DO.DD recycling facilities 24-48 Failure by contractor to properly secure pennit for S5DD.00 spccifled types of work 35 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 24-48 Failure by propel1y owner or lessee to properly secure S100.DO pennit for speci fied types of work 24-48.23 Prohibited t10ating structures S2DD.DO 24-48.24 Prohibited non-water dependent fixeci structures S20D.00 Failure to properly secure pennit for tree removal work, 24-49 or to effectively destroy any tree or under story in a S5DD.DD natural forest community, or noncompliance with tree removal pennit conditions 24-49.9(1 ) Improper sale, transport, or planting of prohibited plant S10D.OO specIes 25-IO.21(c) Unauthorized aircraft engine run-up S5DD.OO 26-1 Rule 3(a), Driving on other than approved park SIDD.DD roadways 26-1 Rule 3(b), Stopping on, or obstructing park roadways SI DD.DD 26-1 Rule 4, Truck or commercial vehicle on restricted SIOD.DD roadway wlout authorization 26-1 Rule 5, Other types of vehicles on any but vehicular SIOD.DD roads Subsequent offenses S20D.DO 26-1 Rule 6(a), Parking in undesignated space or location SIOD.DO 26-1 Rule 6(b), Violation of ovemight parking restriction SIOD.OD 26-1 Rule 7(a), Towing of vehicles on park managed SlDD.OD beaches 26-1 Rule 7(b), Providing taxi service wlout authorization SIDO.DD 26-1 Rule 7(c), Vehicle repair or cleaning on park property $1 DD.DD 26-1 Rule 8(b), Defacement or destruction of park property SIOD.DD 26-1 Rule 8(d), Excavation in archeological sensitive areas of SIDD.DD parks 26-1 Rule 8(e), Construction or encroaehment wlout S100.0D authorization 26-1 Rule 8(l), Lighting a fire or dumping in other than $10D.OD designated areas 26-1 Rule 8(g), Leaving a park wlout extinguishing a fire $IOD.OO 26-1 Rule 8(h), Burning or defacing park equipment $IDD.OD 36 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 26-1 Rule 9(a), Molesting, hanning or rcmoval of wild SIDD.DD animals from park property wlout authorization 26-1 Rule 9(b), Feeding of any zoo animals S]DD.OO 26-1 Rule 9(c), Dumping or leaving wild or domestic animals SlDO.DD in parks 26-1 Rule] D(b), Introduction of cxotic animal or leaving any SIDD.DO animal in a park 26-1 Rule] D(c), Feeding of animals in or adjaccnt to a park SIDD.DD Subsequcnt offenses S2DO.OO 26-1 Rule] I, Entering a park with a domesticated animal, in SlDO.OD other than designated area 26-1 Ru]e ] 2(a), Operating an ael;a] apparatus on park SIDO.DO property wlout authorization 26-1 Rule] 2(b), F]ying lowcr than] DDD feet above SI0D.DD populatcd park 26-1 Rule] 3(a), Trespassing on park property after operating SIDO.OO hours 26-1 Rule] 3(b), Unauthorized entry onto a park that is in an SIDD.DD unfinished state or under construction 26-1 Rule 16(a), Swimming in other than designated park S I 00.00 arca 26-] Rulc 16(b), Swimming with a floatation device in parks S]DD.OO 26-1 Rule 16(c), Erecting of structures on or in beach areas SIDO.OD 26-1 Rule] 7, Fishing in a park in other than designatcd SIDD.DD areas 26-] Rule 19(a), Possession or use of explosives or other SIDD.DD incendimy devises on park propel1y 26-] Ru]c 2D(a), Picnicking or cooking in a park in other than SIOO.OO designated areas 26-] Ru]e 21, Horseback riding in a park in other than S]OD.OO designated areas 26-1 Rule 22(a), Bringing a watercraft in a park in other than SIOO.DO designated areas 26-1 Rule 22(b), Unauthorizcd mooring within 2DD ft of park SIDD.DO or manna 37 CODE ENFORCEMENT CIVIL PENALTIES AND l\'IISCELANEOUS FEES SCIIEDULE 26-1 Rule 22(c), Docking or boating in park water other than 5IDD.DD under pemlit 26-1 Rule 22(d), Creation of excessive noise by boats in park 51DO.00 waters 26-1 Rule 23, Commercial marina activity within park waters 51DO.DO wlout pennit 26-1 Rulc 24(a), Failure to follow Picnic Sheltcr Pennit SlDD.DD restrietions 26-1 Rule 24(b), Solicitation, collection of funds, ticket sales SlDD.OO within a park 26-] Rule 25, Camping wlout pennit or in other than SI0D.DO designated area 26-1 Rule 26, Pollution of park waters 510D.DD 26-1 Rule 27(a), Depositing of trash or garbage on park 51DO.00 grounds 26-1 Rule 27(b), Possession of glass containers on park 51DO.00 beaches 26-] Rulc 27(c), Use ofrccycle bin for other than intended 51DO.00 purpose on park property 26-1 Rule 29, lIlegal merchandising, vending, or peddling 51DO.00 26-1 Rule 30, Advertising on park property wlout 510D.DD authorization 26-1 Rule 31, Public demonstration, gatherings and 510D.DD pertonnances without specific authorization 26-1 Rule 33(d), Consumption of alcohol at youth athletic SIDO.OO events 26-1 Rule 34(b), Loitering in or about park restrooms, 5100.00 dressing room, bath house or nature area 26-1 Rule 35, Gambling on park property 5100.00 26A-2.1(b) Allowing, creating, keeping or maintaining any 520D.OD at1ificially induced mosquito breeding area 26A-2.1 (c)(3) Obstructing or resisting an Enforcement Otlicer in the 52DO.DD enforcement of this section 26A-2.1(e) Failurc to store tires properly in compliance with 5100.00 Section 26A-2.1(e) 3D-263.II(b) Failurc to follow posted regulatory sign 55D.DD 38 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 3D-462 Towing without a license S5DD.OD 30-464(d) Violation of condition, limitation or restriction of a S5DO.OD liccnse 3D-465 Failure to obtain or maintain insurance coverage or to S5DD.DO include provision on changes 3D-467 Failure to display decal S50D.00 3 D-468 Failure to maintain trip records S20D.DO 3D-469 Failure to comply with towing safcty standards or to S5DD.DD rcmove notice from windshield 3D-47D Failurc to maintain financial records S2DO.DD 3D-47D.1 Advertising tow services without including Iicensc S500.DO number in such advertisement 3D-471 Discrimination in rendering service S200.0D 3 D-4 7 3 Towing without proper prior consent S50D.DO 30-473(d) Rebating money to obtain towing privilegcs $5DO.OD 30-473(e) Providing towing services to a vehicle occupied by a S5DD.DO person 30-473(1) Failure to transport vehicle directly to storage $5DD.DD sitelkeeping vehiclc in temporary holding area 3D-473(h) Failure to maintain a place of business, tilc rates/failure S2DO.DD to display charges and rates Failure to telephonically infol1n vehicle owner of 30-473(i) document requircments; chargcs; mcthod of payment; S2DO.OO or business hours 30-473(k) Failure to accept alternate fOl1ns of payment S50D.DO 30-473(1) Failure to display bonding procedure sign $2DO.OO 3D-473(m) Using profane language $20D.DD 30-473(n) Using physical forcc or violence S5DO.OO 3D-474(a) Failure to prominently post notice stating tow-away S50D.OD warning in prescribed language 30-474(b) Failure to obtain cxpress writtcn instruction to rccover, S5DD.DD tow or rcmove vehicle 30-474(c) Failure to report within thirty minutes $2DO.DO 3D-474(d) Recovering, towing or removing a vehicle when S5DD.DD 39 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE authorized person arrivcs prior to said scrvice 30-474(e) Storing or impounding a towed vehicle more than five S2DO.00 (5) miles from recovery Failurc to releasc vehicle and pennit retrieval of vehicle 30-474(t) during prescribed hourslfailure to post retrieval $5DD.DO infonnation 3D-475(a) Failure to enter into contract with propcl1y owner $2DD.DD 30-475(b) Failure ofpropel1y owner to infonn vehicle owner of S5DD.DD name and address of towing company 3D-475(c) Failure ofpropel1y owner to ascertain license numbcr of $lDO.OO tower 3D-475(d) Unlawfully towing an emergency vchiclc $5DD.OD 30-476(b) Charging in excess of maximum allowable rates S5DD.DD 30-479 Failure to satisfy immobilization requircments S500.0D All other Chapter 3D, Article III, violations S2DD.DO All othcr Chapter 30, Non-Al1icle I II, violations $50.00 3 ]-68 solicitation of passenger patronage on bchalf ofbusincss S5DD.OD establishment 31-69 diverting a prospeetive patron of a busincss S5DD.DD establishment 31-70 paying for patronage S50D.OD 31-71 accepting pay for patronage S50D.OD 31-72 failure to post notice $2DD.DD providing compensation for the right to pick up 31-76(a) passengers from or provide for-hire service to any $5DO.OD business establishment or public facility 31-76(b) prohibition against accepting compensation for right to S50D.OD pick up passengers 3 ]-82(a) Advertising or pennitting operations without a valid, S5DD.DO current for-hire license 31-82(j)(2) Failure to repot1 change of address $IOO.DO 31-68 solicitation of passenger patronage on behalf of business S5DO.OD establishment 3 I -69 diverting a prospective patron of a business S5DD.DD establishment 4D CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 31-70 paying for patronage S50D.DD 31-71 accepting pay for patronage $5DD.DD 31-72 failure to post notice $200.00 31-73 providing or accepting compensation to dive11 $5DO.DO passengers from designated businesses providing compensation tor the right to pick up 31-76(a) passengers from or provide for-hire service to any S5DD.00 business establishment or public facility 31-76(b) prohibition against accepting compensation for right to S500.00 pick up passengers 31-820)(3 ) Failure to maintain records at principal place of SIOD.OD business of entity responsible for passenger services 31-82(j)( 4) Failure to enter into passenger scrvice agreement or $500.DO comply with 31-1 OO(k) Pennitting or authorizing any chauffeur or other person 31-82(j)(6) to operate any for-hire vehicle without that vchicle's $500.00 cUlTent valid operating pennit displayed 31-82(j)(7) Allowing person to operate without a chauffeur $500.00 registration and without a chauffeur's agreement Allowing or pennitting any person to operate a for-hire 31-82(j)(8) vehicle without cUlTent, valid and sufficient insurance $500.00 coverage 31-82(j)(1 D) Pel111itting or authorizing operation of a vehicle which SIOO.OO does not meet applicable vehicle standards 31-82(j)(1 J) Allowing any person to operate a for-hire vehicle whose S250.DO alertness is impaired 31-82(j)( 12) Refusal or neglect to transpot1 SIDD.DD 31-82(j)(13 ) Failure to enter into chauffeur agreement SIOO.DO 31-82(j)( 14) Failure to advel1ise wheelchair accessible service S25D.DD 3 J -82(j)( 15) Allowing chauffeur to operate accessible vehicle $25D.DD without cel1ification. 31-82(j)(16 ) Operating accessible vehicle without cet1ification. $250.DO 31-82(1)(2) Failure to operate accessible vehicle as directed by S5DD.DD administrative decision of the CSD direetor. 31-85(b) Failure to comply with rcquirements for designated SIOD.DD public stands 41 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE Providing compensation for the right to pick up 31-850)(1) passengcrs I,'om or provide for-hire service to any S5DO.00 business establishment or publie facility 31-85(j)(2) Prohibition against accepting compensation for right to $50D.DD pick up passengers 31-86(a) Failure to operate with a taximeter mceting $2DO.00 requircments of the Code 31-86(b) Stal1ing and ending the meter in violation of thc S20D.DO requirement 3l-86(d) Failure to operate with properly sealed and operating S250.00 taximetcr 31-86(g) Tampering with a taximeter or thc seal $5DD.DD 31-88(a) Pennitting or operating without insurance $500.00 3l-88(a) Failure to comply with insurance coverage S5DD.DD requirements 3l-88(b) Failing to provide necessary insurance coverage or $500.0D insurance-related services 31-88(c) Failure to provide CSD with required notices of S200.00 insurance cancellation 31-88(1) Failure to providc documents when requested by the S2DD.DD CSD Operating for-hire vehicle without a cUITent, valid 31-89(a)(2) operating pennit or inspection decal. as applicable S25D.DD displayed 3l-89(a)(7) Failure to have an operating air-conditioning system S250.00 31-89(a)(25) Failure to have or to maintain in working ordcr S50D.DD wheelchair restraining devices. 31-89(b)(I) Failure to properly display consumer infollnation SIOO.OD 31-89(b)(3) Failure to operate with a lit tell-tale light S25.DD 31-89(b)(4) Failure to obtain CSD approval or to install display in S I 00.00 accordance with CSD instructions 31-89(g) Failure to have an operating mobile two-way radio $25D.DD 31-93(d) Failure to comply with requirements for operating at SlOD.OD Miami Intemational Airp0l1 and the 1'011 of Miami 31-IDD(a) Prohibition against providing taxi passenger services on $5DD.DD behalf of a for-hire license holder without a cUITent, 42 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE valid passenger service company registration 31-IOD(i) Failurc to entcr into agreemcnt with for-hire taxi liccnse S5DD.DD boldcr 31-1 DD(j) Failure to enter into agrcement with for-hire taxi $5DD.OO ehauffeur 31-IOD(k)(2) Failure to maintain and make available copies of S200.0D passenger service agreements Failure to comply with all tel111S of passenger service 3 I -I OD(k )(3) agrecments with for-hire license holdcrs and chauffeurs $5DD.00 31- IOD(k)(4) Failure to ensure maintenance and availability of S2DD.DD records peltaining to for-hire operations 31-IOD(k)(7) Refusal to dispatch or neglect to dispatch a request to $IDD.DD transport 31-IOD(k)(8) Failure to comply with lost and found rules SIDD.DD Publishing an advertisement of ground transpOltation 31-99(a) services without the for-hire license company or $5DO.OD passengcr service company registration number 31-99(c) Advertising other than approved rate or fare S500.0D 3 I -303(i)(I) Failure to display a valid chauffeur's registration S5D.DD 31-303(i)(2) Violation of solicitation prohibition $75.DD 31-303(i)(3) Violation of smoking while transporting passengers or $75.DO sleeping in vchicle prohibition 31-303(i)(4) Refusal or neglect to transpOlt; or violation of additional SI0D.DD passengers prohibition 31-303(i)(5) Failure to maintain a neat appearance; or failure to meet S25.0D dress standards 3 I -303(i)(6) Failure to maintain accurate, legiblc trip sheets or S25.DO failure to provide trip sheets to CSD, when requested 31-303(i)(7) Overcharging passenger S25D.DO 31-303(i)(8) Failure to offer fare receipt to paying passenger $25.0D 3 I -303(i)(9) Operating an unsafe vehicle S75.DO Violation of abusive languagc prohibition; or being 31-3D3(i)(lD) discoulteous to passengers or enforcement personnel, or SIOO.DO soliciting gratuities 31-303(i)(II) Operating a vehicle while ability or alertness is S25D.DD 43 CODE ENFORCEMENT CIVIL PENALTIES AND I\IISCELANEOUS FEES SCHEDULE impaired Failure to notify CSD of modification of agreement 31-303(i)( 12) with an operator or for-hirc company; or failure to S25.DD notify CSD of change of address within ten (] D) days of relocation 31-3D3(i)( 13) Failure to select most economical route to destination S10D.DD 3]-3D3(i)(]4) Violation of passenger divcrsion prohibition, or S25D.DD accepting payment for passenger diversion 31-303(i)(] 5) Failure to stop vehicle for inspection; or failure to allow S50.0D authorized enforcers to inspect vehicle 31-3D3(i)(16) Fai]ure to display off-duty sign $5D.OD 31-3D3(i)(17) failure to usc air conditioner S25D.DD 3] -303(i)(] 8) Displaying an altercd chauffeur's registration S250.0D 31-303(i)( 19) failure to sign and accept violation notice S25D.DD Vehicle operation with no valid operating pennit andlor vehicle inspection displayed. Fine shall be reduccd to 31-303(i)(2D) $50.DD ifvalid operating pennit or valid inspection S25D.DO decal is presented to CSD within two (2) business days of citation issuance 31-3D4(1) Failure to operate with properly seal cd and operating S25D.OD taximeter Chauffeur not in attcndance of vehicle except when 31-3D4(2) parked in taxicab storage areas at Miami ]ntcrnational $25.DD Ailllort and Dodge ]sland; or vehicle doors opcn whcn unauthorized 31-304(3) failurc to operate with a lit tell-tale light S25.DD 31-304(5) Accepting other fare while en route to dispatched call S25D.OD for an acccssible vehicle. AI] other Chapter 31 Article II violations $5D.OD All other Chaptcr 4, Article Ill; Chapter 30, Sections 30-37] and 3D-372; and Chapter 3], AlticlesII, III, IV $5D.DO and V, violations relating to chauffeurs 31-307(i) Failure to comply with premTangement rcquirements $250.DO 3 ]-6D2(a) Adveltising or pel111itting operations without a valid, $5DD.DD cUlTent for-hire license 3 ]-6D2(b) Failure to comply with Ollt-of-county origin exceptions S500.00 44 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 31-6D2U) Failure to comply with notice requirement S5DD.DD Providing compensation tor the right to pick up 31-6D2(k)(3) passengers from or provide for-hire scrvice to any S5DO.DO business establishment or public facility 31-6D2(k)( 4) Prohibition against accepting compensation for right to 55DD.DD pick up passengers 31-602(k)(5) Failure to maintain records at license holder's place of SIDD.DO business 31-6D2(k)( I 0) Failure to rep0l1 change of address SIOD.DD Pennitting or authorizing any chauffeur or other person 31-6D2(k)( 13) to operate any for-hire vehicle without that vehicle's S5DD.DO current valid operating pcnnit displayed 31-6D2(k)( 14) Allowing any person to operate without a chauffeur S50D.DD registration 31-602(k)( 15) Allowing or pennitting any person to operate a for-hire S50D.00 vehicle without cunent, valid and sufficient coverage 31-602(k)(17) Pennitting or authorizing operation of a vehicle which SIDO.DD does not meet applicable vehicle standards 31-6D2(k)( 18) Allowing any person to operate a for-hire vehicle whose 5250.00 alertness is impaired 31-602(k)( 19) Refusal or ncglcct to transp0l1 SIDO.OO 31-6D4 Failure to comply with minimum rates S50D.DD Operating a for-hire vehicle without a cUlTent, valid 31-607(a) operating pell11it or inspection decal as applicable 550D.DO displayed 31-608(a) Pennitting or opcrating without insurance S50D.00 31-6D8(a) Failure to comply with insurance coverage S5DO.DO requirements 31-6D8(b) Failurc to provide necessary insurance coverage or S5DD.DO insurance-related services 31-608(c) Failure to provide CSD with required notice of S20D.OD insurancc cancellation 31-608(e) Failure to providc docllments when requested by the S2DO.DO CSD 31-609(a) Opcrating a vehicle in violation of any vehicle S75.DD standards 45 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 3 1-609( a)(7) Fai]ure to have an operating air-eonditioning system $25D.DD 31-615(a) Publishing an advel1isement for ground transportation S50D.DD service without the lor-hire license number 31-615(c) Advel1ising other than approved rate or fare S50D.OO 31-615(d) False, misleading and deceptive advel1ising $5DO.OD Any and all other violations of AI1icle 6 S25D.DO 32-8.](g) Violation of water shortage cmergency restrictions $75.DD 32.8.2 Violation of pennanent landscape il1"igation restrictions $50.DO 32-121 Unauthorized tampcring with utility fixtures at a singlc $250.0D family residential property 32-121 Unauthorized tampering with utility fixtures at a multi- S50D.DO family rcsidential property 32-]21 Unauthorized tampering with utility fixtures at a non- $5DD.DD residential property 32-156 & 157 Improper installation ofbacktlow pre venter 55DD.DO 32-]57 Bypassing backtlow preventer S5DD.DD 32-158(b) Failure to provide inspection report $50.DO 32-159 Unauthorized use of fire suppression device $5DD.DO 32-16D Unreasonab]c denial of acccss to premises $2DD.OD 32-161 Obstruction of acccss to a backtlow preventer $75.DD 32-162 Tampering with a backtlow preventer $5DD.DD 32-] 63 Failure to have backtlow pre venters tested within time 525.00 reg u ired 32-164 Failure to timely repair noncompliant backtlow $75.DD preventers 32-t65 Submitting a false or fraudulent backtlow preventcr test $I,OOD.OO rep0l1 Failure to report and obtain inspection of back flow 32-166 preventers affected by premises modifications (after S75.0D modifications are placed in use) 32- I 67(a) Failure to rep0l1 known or suspectcd backflow 51,DDO.OO All other Chapter 32 S2DD.OD 46 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE violations 33 4.2(a) Fatlure-lfTfflllffiltlin-a-nfifMlwclling stmcturc in good ~OO:BG- rcpaIr. 3-3 4.2(b) fttittll'e-to kccp a non-tlwetling structure in a clcatHlfld 5WD.DD sanitary condition. Failurc to maintain a non dwcllirtg-slftlefttre-preleetetl 33 4.2(d) fi'Oln thc c1ement3 with paitJH}j. othcr protcetivc $200.00 coating. Failurc to obtain ccrtifieatc ofu3c and OCCUJffifley-fflf 33 8(a) S6I:lth FltffitItt-Btlilding Codc (SFBG) Croup A, 13, C, D; $5DD.00 &,-afld F OCCUPllfleie:t- :H-8fb}- Failurc to obtain ccrtificatc of use-and-eccupaflcy for S2DD.DG- SFBC Croup C and II occupancic3 33 11 Ovcr hcight fcncc, barbccl wife-fcnce, waf! or hcdgc $2DD.DD 33 II Improperly locatcd fencc, wall, or hcclge- S2DD.OO 33 12 Failurc to crcct or maintaifl propcr 3wilflm~ &50D.OD fcncc or ban-icr 33 13 8nlav,fully cstabltlhing an unu3ual or ncw usc \',ithout S5DD.DO pfteHll}Pro\'lll-at-pttblie-fleflffitg-- 33-15 Illegally maintaining or dcpositing junk or trash S500.DD 33-15(e) Conducting auto repairs beyond what is pennitted in a S5DD.DO residential district 33-15.1 Failurc to remove derelict/non functioning property per S500.0D order 33-16 Illegal excavation S5DD.DO 33-16.1 Failure to comply with lake slope provisions. S20D.OO 33-19 Maintaining illegal donation collection bin S50D.DD Unlawfully displaying a vehicle for sale without a valid 33-19.1(a) state licensc plate or vchicle registration affixed to the SIOD.DO vehiclc. 33-19.1 (b) Displaying for sale in a residential dishict more vehicles than allowed First offense SIDD.OO Second and Subsequent Offense(s) with the same or S50D.OD different vehicle 47 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 33-2D(a) Illegally occupying a temporary acccssory building tent, S2DO.00 or similar structurc without prior approval 33-20(e) IlIcgal boat storage ~ $3DD.DO 33-2D(f) Illegally maintaining recreational vehicle or camping S20D.Oe equipment S3DD.00 33-2D.l Illegally parking or keeping tow truck or equipment in S5DD.DO residential propel1y 33-20.1.1 Prima facie evidence of illegal multiple use or illegal S5DD.00 subdivision of a residence 33-25 Illegally maintaining a houseboat SIOD.DD 33-25.1 Illegally establishing a home office $5DD.00 33-29 Illegally maintaining or storing construction materials 5>20D.DD or equipmcnt without active building peI111it S5DO.00 33-37 Illegal use or occupancy ofland or structure without $200.DO prior public hearing approval 33-38 Failure to comply with a Stop Work Order S5DD.DD 33-38.1 Resisting or obstructing enforcement S50D.DO 33-39.3 Violation of the tenl1S of a consent agrcement S50D.OD 33-50 Maintaining a structure encroaching in requircd S20D.DO setbacks 33-5 I Maintaining a structure in the setback in a business or S50D.DD industrial district 33-60 Improper erection of tower, standpipe, mast, etc. S100.00 33-63 Improper location of polcs, masts, or towers for 5>IOD.DO supp0l1ing antenna ~ l:fflffiwfully maintaining morc tiffin onc (I) Satellite Di3h S20D.DD Antenna 33-86 Erection, construction, posting, etc., of a sign without a $200.DO pelll1it 33-93 Failure to obtain required sign inspcction approval S20D.DD 33-95(a) Maintaining a hazardous sign S5DD.00 33-95(b) Maintaining an indecent sign $100.00 48 CODE ENFORCEMENT CIVIL PENALTIES AND I\HSCELANEOUS FEES SCHEDULE 33-95(c) Maintaining a sign on an unapproved supporting 55DO.DD structure 33-95(d) Maintaining a roof sign S50D.DD 33-95(e) Maintaining a fence or wall sign in a residential district S2DO.OD 33-95(1) Illegally maintaining blinking or flashing lights, 5500.00 strcamer lights, pcnnants, banners, streamcrs, ctc. 33-95(g) Illegally maintaining a revolving or rotating sign 55DO.DO 33-95(h) Illegally maintaining "stop" or "danger" signs SIDD.OD 33-95(i) Illegally maintaining a portable sign 52DO.00 33-(50) Illegally maintaining signs on transp0l1able vehicles or S2DO.DO devices for advel1isement 33-96 Illegal illumination of signs SIDO.DD 33-97(a) Failure to maintain sign in safc and legible condition S20D.DO 33-97(b) Failure to screen the rcar of a sign 5IDO.DO 33-97(c) Failure to maintain area around signs free of weeds SI0D.DD 33-97(d) Failure to remove dilapidated signs 5500.00 33- 107 Failure to rcmove Class C sign in BU- I A or BU-2 zone S2DD.OD at the time first building permit is issucd Failure to maintain the landscaping, or the Class C sign 33-107 in good condition or the sign sitc frec from trash and 55DD.OD debris 33-107 Failure to removc Class C sign at cancellation ofpellnit, SI,DOD.DO first offense 33-107 Failure to remove Class C sign at eanccllation of pCllnit S2,DDD.DO Second otfcnsc 33-107 Exceeding maximum Class C Sign Size SI,DDO.OO 33-107 Exceeding the maximum hcight for a Class C sign SI,DOD.DO 33-107 Failure to meet setback or spacing requirements tor SI,DDO.OO Class C sign 33-1 I I Illegally maintaining a directional sign S200.0D 33-1 12(a) Failure to maintain an entrancc feature S20D.DD 49 CODE ENFORCEMENT CIVIL PENALTIES AND J\IISCELANEOUS FEES SCHEDULE 33-112(d) lIIegally maintaining illumination incorporated into an S2DD.DO entrance feature 33-121.]2 Unlawfully erecting, pennitting or maintaining a S2,ODD.OD prohibited sign in a protected area 33-]21.]4 Failure to remove nonconfonning sign S2,DDO.OD 33-121.21 Unlawfully erecting, pel1l1itting or maintaining a S2,DOO.OO prohibited sign in a protected area 33-121.24 Failure to remove nonconfonning sign S2,DDD.OO 33-121.29 Unlawfully erecting, pennitting or maintaining a S2,ODD.00 prohibited sign in a protected area 33-121.31 Failure to remove nonconfonning sign S2,DDD.DD 33-122.2(b) Improperly located parking space for persons S20D.DO transp0l1ing young children and strollers. 33-122.2(c) ]mproperly painted or posted parking spaces for person $2DD.DO transporting young children and strollcrs. 33-122.3 Failure to install bicycle racks or other means of storage $5DD.DD that can secure at least four (4) bicycles 33-122.3(a) Failure to provide required number of bicycle parking $20D.DD spaces 33-]22.3(c)(I) Failure to 10catc bicycle parking spaces near principle S2DD.DD entrance 33-122.3(c)(2) Failure to install bicycle parking spaccs near entrances S20D.OD to buildings servcd by the lots Failure to provide bieycle parking spaces in visible, 33-122.3(c)(3) lighted location that does not impede pedestrian or S2DD.DD handicap accessibility 33-1 22.3(c)(4) lIIegal bicyclc parking spaces in the County maintained $2DD.OD right-of-way 33-]22.3(c)(5) Failure to provide properly designed bicycle rack S200.0D 33-122.3(c)(6) Failure to maintain a bicycle rack $200.00 33-122.3(c) Failure to provide signage and markings for bicyclc $20D.DD parking spaces 33-122.4 Fai]ure to provide and maintain litter cans for SIOD.DD establishments that sell takeout beverages or food. 5D CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE 33-124 Failure to provide adequate number of off-street parking S50D.DO spaces 33-124.1 Parking of commercial vehicles in residential or S5DO.00 agricultural zones Unlawfully parking, storing or otherwise keeping more 33-124.I(b)2 than two (2) CategOlY I commercial vehicles in a S500.00 residential zoned distlict Unlawfully parking, storing or otherwise keeping a 33-124.1(b)3 Category 2 commercial vehicles in a residential zoned S50D.OD district 33-126 Failure to provide proper surface for parking area $2DD.DO 33-131 Improper use of parking areas as commercial parking S5DD.DO lot 33-149(a) Failure to provide any or proper street address number S I 00.00 33-149(e) Failure to maintain any or proper street address number SIDD.DD 33-150 Illegal sale of alcoholic beverages S500.DO 33-15D(H) Illegal band or orchestra music, dancing or S5DD.DD entertainment 33-168 Illegal placement, storage, or use of mobile home or S50D.DD trailer outside of an approved mobile home park 33-169 Unlawful establishment of a mobile home park S5DD.DD 33-169 Failure to maintain mobile home park in compliance S500.DO with approved site plan 33-174 Failure to maintain minimum setbacks tor mobile home, $2DD.DD porch and other additions. 33-175 Failure to maintain minimum setback landscaped buffer S2DD.00 area. 33-194 Unauthorized use within a district S5DD.OD 33-196.1 (e) Maintaining a group home Jess than I ,DDD feet from $500.00 another group home 33-199 Unauthorized use within a single-family residential S500.DD district 33-20D Illegally raising, breeding, or keeping animals, insects, S50D.00 poultlY or fowl in a residential district 33-20D.1 Unauthorized use in a zero lot line development single S50D.OD 51 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE family rcsidential district 33.200.3 Unauthorizcd usc in a modificd single-family residential S5DD.DO distriet 33-200.4 Unauthorized use in a modificd single-family residcntial S500.0D district 33-201 Unauthorizcd use in a two-family residential district $5DO.OD 33-202.3 Unauthorized use in a townhouse district S500.00 33-203 Unauthorized use in a four unit apartment house district $500.00 33-203.6 Unauthorized use in a minimum apartment house $5DD.DD district 33-207.3 Unauthorized use in modified apartment house district 5500.00 33-2D8 Unauthorized use in a high density apartment house S5DD.DO district 33-217 Unauthorized use in a hotel ap3l1mcnt house district S50D.DD 33-223.1 Unauthorized use in a residential-semi-professional S5DD.OD office district 33-223.6 Unauthorized usc in a semi-professional office district S50D.00 33-224 Unauthorized use in an estate modificd district S5DD.DD 33-225.1 Unauthorized use in an estate use suburban district S5DD.00 33-226 Unauthorized use in a single-family estate acre estatc S50D.DD district 33-23D Unauthorizcd use in a single-family two and one-half S50D.00 acre estate district 33-234 Unauthorized use in a single family five acre estate S50D.00 district 33-238 Unauthorized use in a neighborhood busincss distriet S5DO.OD 33-247 33-247(39) Unauthorized skating rink construction or usc in a $IDDD.DO neighborhood business district 33-253 33-255 Unauthorized use in a liberal business district $500.00 33-259 Unauthorized use in an industrial, light manufacturing S50D.DD 52 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE district 33-262 Unauthorized usc in an industrial, heavy manufacturing S5DO.DD distriet 33-264 UnauthOlized use in an industrial, limited S5DD.DD manufacturing district. 33-268 33-279 Unauthorized use in an agricultural district 5500.00 33-243 33-251.1 lIIcgal sale of fruit or merchandise from trucks, wagons, 550D.DD 33-353.5 open stands or vacant lots 33-356.4 33-244 33-251.2 33-253.6 Failure to conduct a business from within a completely 33-26D S500.0D 33-263 enclosed building 33-266.1 33-27D 33-244 33-251.2 33-253.6 33-256.5 lIIegal storage of materials or products or illegal storagc S5DD.DO 33-26D of materials abovc the height of a wall or fence 33-263 33-266.1 33-27D 33-245 33-251.3 Failure to maintain the wall required to separate S5DD.DO 33-253.7 business from residential prope11y 33-256.6 33-3 I I (b)(2) Failure to comply with the condition of a resolution $50D.DO All other Chapter 33 5500.00 violations 96- I 8(A) Schcdule of fines for Refusal or failure to make payment within 30 days of alarm $25D.OD systems [bcing notified violations 96-18(D)( I) Third !No alann owner I user shall cause, allow, or pennit the $5D.DD 53 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE false almm ~urglar alann system to give two or more false alanns in any fiseal year; third offense 96-18(D)(2) Fourth No alarm owncr I user shall cause, allow, or pellnit the false alalln ~urglar alarm system to give two or more false alanns in S 1 00.00 any fiscal year; fourth offcnse 96-18(0)(3) Fifth No alalln owner I user shall cause, allow, or pemlit the false alalln burglar alann system to give two or more false alamls in $200.0D any fiscal year; fifth offense 108(4)(5) Prohibition Except in designatcd areas, no person shall fish in the of fishing Atlantic Ocean by use of hook, seine, trap, spear gig or $25D.00 exeept in other device. designated arrears Failure to obtain and pay the required eetiificate of use in 121-2D conjunction with the required Occupational Lieense when $25D.OD perating a business within the City of Sunny Isles Beach 127 Commercial !unlawful placement of sign, material or barrier either on Establishm he interior or exterior of window in excess of the 15% S50D.00 ents allowed . - ] 35-2(A) Failure of owner, occupant or user of a construction site to Constructi S50D.OD on Sites sccure such. 135-2(1') Constmcti Illegal parking of construction vehicles in approved on Sites $25D.00 parking of ocation other than the construetion site being served vehicles 170 Handbills 170-6(B) Unlawful placement of handbills; first offense S5D.DD $150.00 17D-6(B) Unlawful placement of handbills; second offense within S25D.OD one year of the first offense $300.00 170-6(B) Unlawful placement of handbills; third offense within one S5DD.DD "ear of the first offense 186 Marina 186-4 Failure of the marina owners and operators operating S5DO.00 54 CODE ENFORCEMENT CIVIL PENALTIES AND I\'lISCELANEOUS FEES SCHEDULE within the eorporate limits of the City of Sunny Isles Beaeh to install and maintain a fence 193 Noise 193-8 Unlawful operation of noise producing construction $IO,OOD.DO equipment beyond the approved hours; first otTense 193-8 Unlawful operation of noise producing eonstruction $20,OOO.DO equipment beyond the approved hours; second offensc Stop work 193-8 !unlawful operation of noise produeing construction order for a equipment beyond the approved hours; third offense minimum of 8 hours 197 ElccupatiOll!l1 $+{l{}.OO $250.0D Liccl13c Tax Failure to apply and obtain required GccupatiollaJ License Local Business ~Local Business Tax per Business Tax Tax 2D I Parks and Recreation Areas 2Dl-3 (D)(2) Use of Unlawful operation of bicycles, tricycles, motorcycles, motorized equipment on scooters, dirt bikes and go carts in recreation areas; tirst $IOO.OD recreation areas. offense 201-3 (D)(2) Use of Unlawful operation of bicycles, tricycles, motorcycles, motorized equipment on cooters, dirt bikes and go carts in recreation areas; second $200.0D recreation areas. offense 2D6 Price Gouging 206-4 Price Gouging Unlawful overcharging for commodity after declaration ot $1,000.00 Prohibited state of emergency 208 Property, Abandoned or Lost 208-2 Abandoning of personal !unlawful abandonment of personal property upon side $5D.DO property on ~alks, streets, right or ways, or upon public prope11y public property 212-3 All seetions ~iolation of any section of this chapter Q5{);{)O of the chapter $500.00 215 Public ~iolation of any section of this ehapter $5DD.DO 55 CODE ENFORCEMENT CIVIL PENALTIES AND MISCELANEOUS FEES SCHEDULE Assemblies 220 Satellite Dish Violation of any seetion of this ehapter $25D.DO Antennas 227 Sign, Violation of any seetion of this chapter $5DO.DD Temporary Political 231 Solid Waste 231-3 Franchise Failure to enter into a franchise agreement with the City 0 $50D.DO Agreement Sunny Isles prior to operating within the City limits 231-29 Dumpster Failure to provide a dumpster enclosure as required by $250.00 enclosures code 231-32 Single Family and Two- family residential garbage can location. Failure to locate garbage can behind building line and not 231-33 lvisible from right of way on non collection dates; first $25.DO pffense Failure to locate garbage can behind building line and not 231-33 !visible from right of way on non collection dates; second $50.00 pffense Failure to locate garbage can behind building line and not 231-33 !visible fi'om right of way on non collection dates; third $10D.00 pffense 233 Special Events Violation of any seetion of the code $25D.00 234 Storage Units Violation of any section of the code $25D.00 56 u ..: . w "0 " . (/) e w ~ -' M !!l > ..: >- 1! z z , ::> C (/) . > "- ..: 0 (/) 1:: '" " U z 0; c 0 to! 0; . co C E 1; . 0 . ~ a z ~ c C 'e 0 '5 . U .~ > ~ "0 . . (J ..: (/) 0 ~ ~ <> <> '" '" <D <D <D <D <> ~ ~ ~ ,.; N N <D <D X ... ... N " 1; "' E 1; , 0; "' Z 0. E c ,., 0 t- , 'e 5 z . 0; "0 ~ N ." ..: " (jj () - ~ 8 > i . i , , ., ~ > l ~ . o , ~ 1 . > . > , . . . . . g > , , . > ~ ~ ~ . [ ~ ~ . ~ o . . ~ . ! " ~ o e ..0 - S <w :;:; .- ~ .- ii <w .J::: l~ <D~ 0& 0' ('I" -' M~ O' -" N~ ....! "t cu .~ -' ra . c! l:"i o~ .- , - . "' .'I:! Ug =j .a. :::lW a..~ FREE'\/tovie Ticketsv".-;' OOVDs! i>,.\ Ii.GTICE IS HE~EBY GIVEN ltlal.8 public he~ring will be held by [tie Cily Commissioo 01 Ill! City 01 SlJnn~ Isles Beach, AoMa, i1ll1e Sun~y Isles Beach GOiernmenl Center, David P. Samson Commission Chambers, 18010 Collins Av.enue, Sunny Isles Beach,o nThursday, December 14,2005,al 7:30p.m"loconsider flMI adoption of the lollowillgproposed Ordinan s: AN ORDINANCE OF THE CITY COMMISSrON Of THE cm OF SUNNY ISLES BEACH, fLO/lIOA,AMENDINO CHAPTfIl 14 OF THE SUNHY ISLES BEACH CODE ENTITLEO 'CODE EHFORCEMfNT"j PRDVllllNG REVISED OfFIIIIJIONS; PROVIDING fOR INCREASEO PENALTIES; PROVIOING FOil A MINIMUM AOMINISTIIATIVE COST; AUTHORIZING THE COOE ENFOIICEMfNTANO LICENSING OIRECTOR TO GRANT LATE~EARING REQUESTS BASeO ON EXTENUATING CIRCUMSTANCES; PROVIDING fOR REPEAL OF CONFUCTING PROVlsIONs;PROVIOING fORSEVfRABILlTY , INCLUsloNIN'~ECoOE,ANOANEmCTIVEDATf. AN OROINANCE OF THE CITY COMMlsslDN OF THE CITY OF SUNNY ISlES BEACH, FLORIOA1.AMENOINGC~APTER1550FTHESUNNYISLESBEACHCODEENTlmo 'ms.MISCELLANEOUS'jADoPTINGAIIEYlsEDmSCHEDULEfOllm BUILDING DEPARTMENT, ATTACHED AS EXHIBIT 'A"; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO REVIEW ANNUALLY ALL BUILDING DEPARTMfHTfEESjPROVIDlIIG fOR IlEPEALER; PROVIOING fOR SEVERABILITY ; PROVIDING fOR COOlFICATlON; PROVIOING FOil AN HfECTlVEIlATf. AN ollOlNANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,AMENDING SECTlON250.13 OFTHECOOEOfTHE CITY OF SUIINY ISlES BfACHTGREOUIRECONNECTlONTGUNOEIlGlloUNllELECTlllCfACILlTlESWHEN AVAILABLEANDTGIIEQUIIIEDISCoNIIECTIONfllOMOYfllHEAllTHEPHGNEANG CABlETHEYlslONfACfLlTIESWHENlINOERGROUNOFAClllTIESARfAYAILABLE; AIIGAMENDING sECTlGN250.14 Of THE COOE OF THE CITY Of SUNNY fsLES BEACH IIHATING TO NOTICETGPROPEIITYOWHfRSIIEGAROINGCGIIHfCTIGN REOUIREMENTS;PROYIDIHGfDRSEYERABILl1Y;PRoYIOINGfoRREPEALEII; PRoYIOINGfoR INCLUSIGN IN THE CoOE; PRGVIOING FORAN EfFECTlYEoATE. InQu~s regarding tftese_~ems may be d~ute~ 10 tfte City CIeri<. al305-941-0600, Collies 01 lIIesedOC\Jmenlsareavallablef(K'pu~icirlspecliol1during normalblisinessfiCKKsinClly~al Jane A, Hines, CMC, C~y Clerli; ~~~t~ 1~~~~J:t~: =~~~b~~e~~et%~~~~l~~O e:J::~~ 18D70 Collns ~ielJUt, SlJmY,lsleS Bead!, flolida. 33160. Aiiy ~fson 'MsIl~~ to a2wess lh~ City ~~~~t:::e~~t~~a~;~_t~et:~~~~ :~%a~~~ ~yr:~~~ ~I~~ mee~l1jlandlllll!erSoo'lcircurnslil1<<s.~ili~ile!)3l00tiCe.wOl.lMnolbeprol'ided, laperson cledl!esl0appealBl1YilecisiollmadebylhtCil)'CommissIOl'lMlhlespecltoanymattefOO/lSldele~ at sud1 med~~, Illey \\'ill need a ferord ol_ll1~ proceedings ~d. !IJ slldl purpOSe. may need 10 ensllle lIiill a ~elbatim (eCOl~ 01 Ih~ proceedi/lgs Is m~!. \\~ich If COld Indu~es tr>e 1t;~1I1(IIl1 ar;j el'idenceuPJoIl'loliidi lhe appeal Is 1Llt.e based .mSnotiud<JesrnJtcoos~Meconsenlbylllec.ry lor iIl~oo'uctiCll 0: adrTIIs~CIl 01 oll1er\1'i~ 1~~mI;S;ble 0: i~fl!'l~1 ~idence. ['(J( does 11 al!lhail~ c/laflengt;o: ~ppea~ oololtler.l'ise a~owedbylaw. iIlik:COrdaru\\'ilhlheAmeuS\\'itrJ[l:sab~itiesAc1.allpefsooswho~edisabledlV1dwhoneed speclalarol/T'o'T"OOa~oostoparticipatelntl1lsmeB~ngbu.1iJseollliilldisatNYlho!rldCOlltactll1e CityMallagefaI305.941.Il606,rnJla\erlhlV148hourSprioxlolheprOUedil1Qs;illleanngimpa'ted. ~ase!ele(llJorle lheIDUI\li aI305-792-15'301(1/ i1S~lmce Help your child do better in school IW Ii I~ !~ I; I! " I~ Improve grades and FCA T seores. If your child's progress reports, warning notices, and grades are not what you want, if homework is a struggle, if you fear Wea~ Snit S~iIIs the upcoming FCAT, the school year will not get any better unless you get help for your child. Now. \Ve can diagnose exactly what is I keeping your child from doing his or her best and create a program tailored to your child's needs. Grades K through 12. Just a few houn a week can improve your child's skills, confidence and ~H~m~"g~iir C~llod,y. . ~ ~ z ~ . I I~ i Aventura 305-792-2535 Coral Gables 305-443-1222 Kendall 305-598-0660 Indepill1dcnlryo\\'nedandoperaled,Cl2005Huntin~onLaamingCOOle1s,lllC. Making a sound investment Cost effective roofing CCC054759 It is no surprise that property owners are thinking twice when it comes to doing their roof. Because of several circumstances such as shortage of materials and price increases by the suppliers. proprietors are finding that installing a new roof on their home is not as friendly to the budget as it may have been several years ago. Still, it is possible to lower the cost on a roof thanks to the efforts of companies such as Florida Power & Light. Florida Power & Lighl has developed incentive programs for cOlllmercial as well as residential roofing jobs. These programs help Ihe owners save money on their roof and at the same time cut back all eleclricity costs. Now that is a bargain! The programs consist of rebates that are offered to the client when they install certain products that are considered by Florida Power & Light to be effective in the conservation of energy. This option has been already tested by us at Istueta Roofing and our experience as well as the clients' has been a favorable one. Remember to ask your roofing contractor if they are enrolled in the FPL incentive programs, that way you have more oplions when it comes to the lotal cost of your re-roofingjob. "Quality isn't expensive. It's priceless..." TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC, City Clerk MEMORANDUM Robert Solera, Community Development Director Priscilla Walker, CMC, Deputy City Clerk rpu):LQJ~ December 19,2006 Approval of Code Enforcement Amendment Ordinance At its regular meeting of December 14, 2006, the City Commission adopted Ordinance No. 2006-267, which amended Chapter 14 "Code Enforcement" of the SIB code. Attached is a copy of the revised ordinance. Thank you. :pw Attachments cc: A. John Szerlag, City Manager Hans Ottinot, City Attorney Jorge Vera, Assistant City Manager/Services Doug Haag, Assistant City Manager/Finance Helena Forbes, Assistant Code Enforcement & Licensing Director Code Enf Ord Amended Trans Memo City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33] 60 City Commission Norman S. Edelcup, Mayor Roslyn Brezin, Vice Mayor Gerry Goodman, Commissioner Danny Iglesias, Commissioner Lewis Thaler, Commissioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City A lIorney Jane A. Hines, City Clerk Memorandum TO: The Honorable City Commission VIA: FROM: DATE: A. John Szerlag, City Manager 1 Robert C. Solera I Community Development Di~~... November 16, 2006 ...-,-,~ RE: Revision to Section 2001-141 (Code Enforcement) RECOMMENDATION: It is recommended that the City Commission approve the attached revised City of Sunny Isles Code Enforcement Ordinance. REASON (S): The Code Enforcement and Licensing Department is requesting a reVISion of the approved Ordinance and the associated violation fees. The Department is looking to implement a requirement of a minimum administrative fee of no less than $75.00 to be assessed by the Special Master; this fee will offset the expense incurred in the preparation of cases to be heard by the Special Master. The Department is also looking for approval to increase penalties in violations related to construction and maintenance, more specific related to construction noise, and minimum housing code. The attached fee schedule will serve as a guide to the Code Enforcement Officers; to accurate cite the code section being violated, diminishing possible mistakes. RCS:rs Attachment \ \ Date gA 12-IY'O~ Agenda Item