HomeMy WebLinkAboutR-01-06800 r
J-01-527
7/10/01
RESOLUTIOV NO.
ARESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT (S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTERFOCAL AGREEMENT,
IN' SUBSTANTIALLY THE ATTACHED FORM, WITH
MIAMI-DADP.. COUNTY FOR A PERIOD OF THRLE YEARS
FOR ENFORCEMENT OF THE FOR-HT.RE
TRANSPORTATTON REGUT-AT70NS BY THE CITY OF
MIAMI: DEPARTMENT OF POLICE, AS SPECIFIED IN
CHAPTERS 9 AND 31 OF THE CODE OF MIAMI-DADE
COUNTY.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI',
FLORIDA:
Section 1. The 'Ci I ty Manager is authorized-' to execute
an Interlocal Agreement, in substantially the attached form, with
Miami -Dade County for a period of three years for enforcement of
the for -hire transportation regulations by the City at Miami
Department of police, as specified in Chapters 4 and 31 of the
Code of Miami -Dade County,
The horein authorization is further subject to compliance with all
requirements that may be,imposed by the City Attorney,_. including but not
limited to those prescribed by applicable City'' Charter and Coda
psov*9ions
CITY COMMISSION
SETING OF
�nolutlaa No.
-- -�---- J i.
Section 2. Thls Resolution shall become effective
Page 2 of 2
E
INTERLOCAL AGREEMENT
C�
This interlocal agreement is entered into this day of , 2001 by and
between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as
the "County"), and the City of Miami, a municipality within Miami -Dade County, Florida
(hereinafter referred to as the "City");
WITNESSETH
WHEREAS by Ordinance Number 94-38, Miami -Dade County extended to all municipalities
within Miami -Dade County recourse to the civil violation enforcement process contained within
Section 8CC of the Code of Miami -Dade County, Florida; and
WHEREAS that ordinance requires as a condition precedent to allowing such access that the
City and the County enter into a mutually satisfactory interlocal agreement outlining, among other
things, their relative rights and responsibilities in connection with such enforcement and related
hearing process; and
WHEREAS the City and the County wish to participate in this process subject to the terms and
conditions of this Interlocal Agreement more particularly set forth below;
NOW THEREFORE the parties hereto agree as follows:
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The City shall enforce the applicable provisions of the Code of Miami -Dade County set forth
in Exhibit A by operation of this Interlocal Agreement.
2. Attached hereto as Exhibit B is a true and correct list of all individuals authorized to perform
the enforcement functions contemplated by this Agreement (hereinafter referred to as the "Code
Inspectors"). The title and job description for each such individual is also set forth in Exhibit B. The
City shall be responsible for maintaining Exhibit B current at all times by communicating to the
County any and all updates, additions and subtractions from each list. The City represents and
warrants to the County that the individuals described in Exhibit B are, where required, properly
licensed and qualified to perform the enforcement services contemplated hereunder, and that they are
able to perform those services.
The County reserves the right to set minimum education, training, and background check
requirements to be met by Code Inspectors.
The City, through its Code Inspectors, shall be authorized and required to perform within the
City any and all functions of the Code Inspector set forth in Section 8CC of the Code of Miami -Dade
County, a copy of which is attached hereto as Exhibit C and incorporated herein by this reference, as
the same may be amended from time to time, including but not limited to issuing civil violation
notices, serving, posting and otherwise notifying the alleged violator, and appearing and testifying at
any and all administrative and other hearings related to an appeal of the violation.
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4. The City shall maintain any and all records of violation and notice, and all required
documentation required to uphold the findings of the Code Inspector, including but not limited to
reports, photographs, and other substantial competent evidence to be utilized at any administrative or
other hearing challenging the actions of the Code Inspectors. Such records and other documentation
shall be compiled and maintained so that such records may be quickly referred to in connection with
any such hearing.
5. The City shall provide such clerical and administrative personnel as may be required for the
performance of any of the functions of the City as set forth in this Interlocal Agreement.
6. The City shall defend its own citations in any and all administrative hearings relating to those
citations, and in any and all actions in court relating to such citations, including all appeals of
administrative hearings, and shall provide its own counsel, at City's cost, to represent the City in all
proceedings. The City shall be responsible for paying for any and all costs of transcription which it
incurs, in connection with any and all such hearings.
7. The County shall provide hearing officers, hearing rooms, and such other clerical and
administrative personnel as may be reasonably required by each (tearing officer for the proper
performance of his or her duties.
8. Attached hereto as Exhibit D is Administrative Order 2-5 of Metropolitan Dade County (the
"Order"). The City agrees to be bound to the full extent as required of a Department in the Order,
except it shall only be authorized to enforce those provisions of the Code set forth in Section I of this
) V
Interlocal Agreement. The reference to the County Attorney contained in Section b of the
Department's Responsibilities shall be understood to refer to the City Attorney for purposes of this
Interlocal Agreement.
9. After deduction of actual administrative costs and expenses, as defined in the Order, the
County Clerk, with the concurrence of the County Budget Director, shall annually return to the City
the remainder of retained original fines, in the same fashion as these fines are returned to a
non -general fund issuing department of the County.
10. The County shall be entitled to audit any and all records of the City maintained in connection
with this Interlocal Agreement.
I.I. Either party may terminate this Agreement in the event that the other party commits a material
breach.
12. This Interlocal Agreement shall be in effect for a period of one year following its date of
execution and shall be automatically renewed for two successive periods of one year each, unless 60
days prior to its term, or extended term, either party signifies to the other its intent not to renew this
agreement. This agreement shall not be extended beyond the term of three years.
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13. Subject to the limitations contained in Section 768.28 of the Florida Statutes, the City shall
indemnify and save the County harmless from and against any and all liability, actions and causes of
action relating to the municipality's enforcement of the provisions of Chapter SCC.
14. This agreement may only be amended in writing, through a document executed by duly
authorized representatives of the signatories to this agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
their names by their duly authorized officers and the corporate seals the day and year first above
written.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Assistant County Attorney
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Attorney
$z4zoassaa
MIAMI-DADE COUNTY, a
political subdivision of the
State of Florida
BY:
Steve Shiver
County Manager
ATTEST:
Harvey Ruvin, Clerk
By:
As Deputy Clerk
City of Miami, a political
subdivision of the State of Florida
By:
Attest:
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CODE ENFORCEMENT
See. 8CC-1. CIvil offenses and penalties;
hearing officers.
The violation of any County ordinance listed in
Section 8CC-10 of this chapter shall constitute a
civil offense punishable by civil penalty in the
amount presonbed in Sectioti 8CC-10 and as mod.
ified by Section 8CC-4 of this chapter. Accord-
ingly, there is hereby created and established a
code enforcement position to be filled by hearing
officers to enforce the ordinances listed in Section
8OC-10 which are contained in and enacted pur.
suant to this Code.
(Ord. No. 85-33, § 1(1), 5.21-85)
Sm 8CC-2. Qualifications of offroers and re-
moval;' organization.
(a) Hearing oMoers shall be residents of Dade
County who possess outstanding reputations for
civic pride, interest, integrity, responsibility, and
business or professional ability. Appointments
'shall be made by the County Manager or his des-
ignee on the basis of experience or interest in code
eaforoemenk Such appointments ,shall be sub-
mittod to the Clerk of the Board of County Com•
wissioners for ratification by the Clerk.
(b) The County Manager or his designee shall
appoint as marry hearing offioers as are deemed
necessary. Appointments shall be made for a term
of one (1) year. Any hearing officer may be reap-
pointed it the discretion of the County Manager,
subject to ratification by the Clerk of the Board of
County Commissioners. There shall be no krait
on the number of reappointments that may be
given to any individual hearing oMoer provided,
however. thata determination as to removal or
reappointment rnustbe made for each hearing of.
flow at the end of each of his one-year terms, The
County Manager shall have authority to remove
hearing officers with or without cause. Appoint-
ments to fill any vacancy shall be for the re-
mainder of the unexpired term.
(c) Hearing officers shall not be County em-
ployees but shall be compensated at a rate to be
determined by administrative order.
(d) The Dade County Attorney's Office shall
serve as general counsel to the hearing officers. If
an appeal is held pursuant tb Section 8CC-8, the
1267
i 8CC•3
County Attorney's Office shall represent the
County at such proceedings.
(Ord. No. 85.93, § 1(2), 5-21-85; Ord. No. 86.22, §
1, 3.16-a6; Ord. No. 90.6, § 1, 2-6-90)
Scc. 8CC-3. Enforcement procedures.
(a) For the purposes of this chapter, a ."Code
Inspector" is defined to be any agent or employee
of Dade County whose duty it is to assure code
compliance.
(b) Code Inspectors shall have the authority to
initiate enforcement proceedings as provided
below. No hearing officer shall have the power to
Initiate such proceedings.
(c) For the purposes of this chapter, "violators"
shall be deemed to be those persons or entities
legally responsr'ble for the violation of the ordi-
nances listed in Section SOC -10.
(d) A Code Inspector who finds a violation of
those ordinances of this Code listed in Section
8OC-10 shall determine a reasonable time period
within which the violator must correct the viola-
tion. This determination shall be based on consid.
erations of fairness; practicality; ease of sono•
tion; ability to correct; severiiy of violation; nature,
extent and probability of danger or damage to the
public and other relevant factors relating to the
reasonableness of the time period prescribed. A
time for correction need not be specified If the
violation Is deemed to be an uncorrectable viola-
tion.
(e) A Code Inspector who finds such a violation
shall issue a civil violation notice to the violator.
Service shall be effected by delivering the civil
violation notice to the violator or his agent, or by
leaving the civil violation notice at the violator's
usual place of abode with any person residing
therein who is fiitem (15) years of age or older
and informing that person of its contents. If such
service cannot be effected, the civil violation no-
di may be sent by certified mail, return receipt
requested, or by posting of the civil violation no-
tico in a conspicuous place on the premises or real
property upon which the violation has boon ob-
served. Such posting of the civil violation shall be
deemed proper service, and the time for compli-
4 SCC -3
RADE C01JWTV OWE
anee, stated 'an the notice, shall continence with
the date sorb notice is posted.
Such posdwvTthe civil vieiladon notice shedl be
deerna p n*w service, rind the time for corupli-
anoe, sbmk d in the stouter, ed1wU rommenoe with
the dabs sacb notice is posted.
(f) IMe civil withal ion -notice sbalI include but
not be 1' Mho U ire following-
(1)
ollowing(1) Date of issuance.
(2) Name of Code Inspector and division or de-
partzncut issuing the notice.
(3) Name and address of the violator.
(4) Section number of the Code section that has
been violated.
(5) Brief description of the nature of the viola.
tion, including location, date, and time of
violation.
(6) Amount of the civil penalty for which the
• violator may be liable.
Cn Instructions and due date for paying the
civil fine or riling for an administrative
bearing before a bearing otiicer to appeal
the civil fine.
(8) Time within which the violation must be
corrected if applicable.
(9) Notice that each day of continued violation
after the time period for correction has run
shall be deemed a continuing violation sub-
ject to additional penalty in the same
amount, without the need for additional no-
tioes of violation.
(10) Notice that the filing of a request for an
administrative hearing will toll the accrual
of continuing violation penalties._
(11) Notice that failure to request an adminis-
trative hearing within twenty (20) days
after service of the civil violation notice
shall constitute a waiver of the violator's
right to an administrative hearing before
the hearing officer, and that such waiver
shall constitute an admission of violation.
],"Cs
(M Notice that the violator atay be liable for
the reasonable costs of the administrative
hearing should he be found guilty of the
violatiom
(Ord- No. 13533, § 1(3), 5.21.85; Ord. Na 86-22,
1, 3-15.86; Ov& Na 906, ¢ 1, 2-6-90)
Sea SCC4. Civil penalties and related terms
construed.
W Penalties for violations of the ordinances to
be enforced by this chapter shall be in the amount
prescn"bed in the schedule of civil penalties In Seo-
tion 80C-10.
(b) An "uncorrectable violation" is a violation
which cannot be remedied after the violation has
been committed because the violation constitutes
a single prohibited act rather than an ongoing
condition or circumstance. Each reoccurrence of
an unoorrectable violation shall constitute a sep-
aration violation and shall subje t the violator to
an additional ponaliy in the same amount as that
preseia'bed for the original violation IG however,
a violator has been once found guilty of an unoor-
rectable violation, and ceruses the same uneorrecir
able violation to oxer a second time, each r000•
currence of the uneorrectahle violation by such
violator shall constitute a `repeat violation" as
provided in Section 8OC,4(d).
(c) "Continuing violations" are those violations
which remain uncorrected boyond the reasonable
time paricd for correction contained in either the
civil violation notice or the final order of the
hearing oMoer, whichever is applicable. For each
day of continued violation after the time for cor-
rection has run, an additional penalty in the same
amount as that prescribed for the original viola-
tion shall be added.
(d) A "repeat violation" is a recurring violation
of an ordinance by a violator who has previously
been guilty of the same violation. In the case of
correctable violations, a repeat violation can occur
only after correction of the previous violation has
been made. For the first repeat violation, the
amount of the civil penalty shall be double the
amount of penalty prescribed for the original vi-
olation by Section 8CC-10. The amount of civil
penalty due for each subsequent repeat violation
shall be double the amount of penalty due for the:
•
CODE ENFORCEMENT
first day of the immediately preceding violation,
provided that the maximum penalty payable for
the fust day of any one (1) repeat violation shall
be seven hundred fifty dollars ($750.00).
(e) A repeat violation which remains uneor.
rected beyond the time prescribed for correction
in the civil violation notice shall be treated as a
continuing violation, and the additional penalty
for each day of continued violation shall be equal
to the doubled amount due for the first day of the
repeat violation.
M Continuing violation penalties shall accrue
from the date of correction given in the civil vio•
lation notice until the correction is shade if a rv.
quest for administrative hearing is not timely
Wed. If the named violator requests an admiaie.
trative hearing an a correctable violation and !oats
his appeal, the hearing oMoer -Ball determine a
reasonable time period within which correction of
the violation must be made, based on the consid-
erations set forth in Section 8CC-3(d). If correc-
tion is not made within the period set by the
hearing officer, continuing violation penalties
shall begin after the time for correction has run.
No continuing violation penalties shall accrue
during the time period from the data of the civil
violation notice until the dais of the administra-
tive heating, if the named violator timely requests
an administrative hearing to appeal the decision
of the Code Inspector. Continuing violation pen-
alties cannot be imposed by the hearing officer for
uncorrectable violations.
(g) Civil penalties assessed pursuant to this
chapter are due and payable to Dade County on
the last day of the period allowed for the filing of
an appeal from the hewing offioer's decision, or. if
proper appeal Is made, when the appeal has been
finally decided adversdy to the named violator.
(Ord- No. 86.33, § 1(4), 6.21.85; Ord. No. 90.6, § 1,
2.6.90; Ord. No. 93.71, § 1, 7.16-93)
Sea 8CC-5. Rights of violators; payment -of
fine; right to appeal; failure to
pay and correct, or to appeaL
(a) A violator who has been served with a civil
violation notice shall elect either to:
(1) Pay the civil penalty in the manner indi-
cated on the notice, and correct the viola -
Supp. No. 7
IIIIIb Z 0
1209
-1 .
4 8cC-6
tion within the time specified on the notice
(if applicable); or
(2) Request an administrative hearing before
a hearing officer to appeal the decision of
the Code Inspector which aresulted in the
issuatim of the civil violation notice.
(b) Appeal by administrative hearing of the no.
tice of violation shall be accomplished by filing a
request in writing to the address indicated on the
notice, not later than twenty (20) calendar days
after the service of the notice.
(c) If the named violator after notice fails to
pay the civil penalty and correct the violation
within the time specified (if applicable), or fails to
timely request an administrative hearing before
a hearing oMoer. the hearing oMoer shall be in-
formed of such failure by report from the Code
Inspector. If the named violator pays the civil pen.
alty for a correctable violation but does not cor-
rect that violation within the time specified, each
day that the violation continues beyond such spec-
ified
parified time shall constitute a continuing violation.
Failure of the named violator to appeal the deri-
sion of the Code Inspector within the prescribed
time period shall constitute a waiver of the viola-
tor's right to administrative hearing before the
hearing oMoer. A waiver of the right to adminis-
trative hearing shall be treated as an admission
of the violation and penalties may be assessed
accordingly.
(Ord. No. 85.33, 6 1(5), 5.21.85; Ord. No. 86-22, 5
1, 3.18-86; Ord. No. 90.6. 0 1. 26.90)
Sec. SCC -6. Scheduling and conduct of
hearing.
(a) Upon receipt of a named violator's timely
request for an administrative bearing, the bearing
officer shall set the matter down for hearing on
the next regularly scheduled bearing date or as
soon.thereafier as possible.
(b) The hearing officer shall send a notice of
hearing by first class mail to the named violator
at his Last known address. The notice of hearing
shell include but not be limited to the following:
(1) Name of the Code Inspector who issued the
notice.
(2) Factual description of nllegm violation.
ECC -6
14
DADE COUNTY CODE
(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 a
lawyer.
(7) Right of violator to present witnesses and
evidence.
(8) Notice that failure of violator to attend
hearing may result in civil penalty being
assessed against him.
(9) Notice that requests for continuances will
not be considered if not received by the
hearing officer at least ten (10) calendar
days prior to the date set for hearing.
(c) The hearing officers shall call hearings on a
nonthly basin or upon the request of the Clerk of
he Board of County Commissioners. No hearing
hall be set sooner than twenty (20) calendar days
tom the date of service of the notice of violation.
(d) A hearing date shall not be postponed or
:ontinued unless a request for continuance,
showing good cause for such continuanoe, is rc-
x1ved in writing by the hearing officer at least
:en (10) calendar days prior to the date set for the
Gearing.
(e) All hearings of the hearing oliee shall be
open to thc'puilic. All testimony shall be under
oath. Assuming proper notice, a hearing may Pm
oeed in the absenoe of the named violator.
(0 The prooee&hgs at the hearing shall be re-
corded and may be transcribed at the expense of
the party requesting the transcript.
(g) The Clerk of the Board of County Cornmis-
sioners shall provide clerical and administrative
personnel as may be reasonably required by each
hearing officer for the proper performance of his
duties.
(h) Each case before a hearing officer shall be
presented by the County Manager or b" designee.
(i) The hearing need not be conducted in accor-
dance with the formal rules relating to evidence
and witnesses. Any relevant evidence shall be ad•
initted if the hearing officer finds it competent
::app
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and reliable, regardless of the existence of any
common law or statutory rile to the contrary.
0) Each party shall have the right to call and
examine witnesses; to introduce exhibits; to cross.
examine opposing witnesses on any matter rele-
vant to the issues even though that matter was
not covered in the direct examination; to impeach
any witness regardless of which party first called
him to testify; and to rebut the evidence against
him.
W The hearing offroer shall make findings of
fact based on evidence of record. In order to make
a finding upholding the Code Inspector's decision,
the hearing aMoer must find that a preponder-
ance of the evidence indicat" that the named vi•
olator was responsible for the violation of the rel-
evant section of the Code as charged.
(1) If the named violator is found guilty of the
violation, he may be held liable for the reasonable
costs of the administrative hearing, at the discre-
tion
iscmtion of the hearing officer.
(m) The fact -fading determination of the
bearing of loer shall be limited to whether the
violation alleged did occur and, if so, whether the
person named in the civil violation notice can be
held responsible for that violation. Based upon
this fact-findiag determination, the hearing of-
ficer shall either affirm or reverse the decision of
the Code Inspector as to the responsibility of the
named violator for the Code violation. If the
hearing officer affirms the dociaion of the Code
Inspector, the hearing officer, pursuant to Section
8CC-4(t), shall determine a reasonable time pe -
nod within which correction of the violation must
be made. If the bearing officer reverses the ded.
aion of the Code Inspector and finds the named
violator not reepons]b]e for the Code violation a]-
leged in the civil violation notice, the named vio-
lator shall not be liable for the payment of any
civil penalty, absent reversal of the hearing offi-
cer's findings pursuant to Section SCC -8(a). If the
decision of the bearing officer is to affirm, then
the following elements shall be included:
(1) Amount of civil penalty.
(2) Administrative costs of bearing.
(3) Date by which the violation roust be cor•
rested to prevent imposition of continuing
violation penalties (if applicable).
00 00
CODE t'. IOACEMENT
Inspector and finds the named violator not respon-
sible for the Code violation alleged in the civil
violation notice, the named violator shall not be
liable for the payment of any civil penalty, absent
reversal of the hearing officer's findings pursuant
to Section 8CC4;(a). If the decision of the hearing
officer is to affirm, then the following elements
shall be included:
(1) Amount of civil penalty.
(2) Administrative costs of hearing.
(3) Date by which the violation must be cor-
rected to prevent imposition of continuing
violation penalties (if applicable).
(n) The hearing officer shall have the power to:
(1) Adopt procedures for the conduct of hear-
ings.
(2) Subpoena alleged violators and witnesses
for hearings; subpoenas may be served by
the Dade County SherilTs Department or
by the staff of the hearing officer.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Assess and order the payment of civil pen-
alties as provided herein.
(o) (1) A hearing officer shall postpone and
ahall not conduct a hearing if the named
violator, prior to the scheduled hearing date,
files with a duly authorized County board
of appropriate jurisdiction an adminiatm-
tive appeal concerning the interpretation
or application of any technical provisions of
the Code section allegedly violated. Howev-
er, once an issue had been determined by a
hearing officer in a specific case, that issue
may not be further reviewed by a County
board in that specific case. A named viola-
tor waives his right to administrative ap-
peal to other County boards if the violator
does not apply for such -appeal prior to the
violator's code enforcement hearing before
the hearing officer.
(f) Upon exhaustion of a timely filed adminis-
trative appeal and finalization of the ad-
ministrative order by such board, the hear-
ing officer may exercise all powers given to
s pp No 11
V-1
1'2.71
I Bec-B
him by this chapter. The hearing officer shall
not, however, exercise any jurisdiction over
such alleged Code violations until the time
allowed for court appeal of the ruling of such
board has lapsed or until such further ap-
peal has been exhausted.
(7) The hearing officer shall be bound by the
interpretations and decisions of duly autho.
rized County boards concerning the provi-
sions of the codes within their respective
jurisdictions. In the event such a board de-
cides that an alleged violation of the Code
is not in accordance with such board's in-
terpretation of the Code provision on which
the violation is based, the hearing officers
shall not be empowered to proceed with the
enforcement of the violation.
(Ord. No. 85-331 § 1(6), 5-21-85; Ord. No. 86-22, §
1, 3-18-86; Ord. No. 90.61, § 1, 2-6-90, Ord. No.
94207, § 3, 11-1-94)
Sec. 6CC-7. Recovery of unpaid civil penal-
ties; unpaid penalty to consti-
tute a lien; foreclosure.
(a) Dade County may institute proceedings in a
court of competent jurisdiction to compel payment
of civil penalties.
(b) A certified copy of an order imposing a civil
penalty may be. recorded in the public records and
thereafter shall constitute alien against the land
on which the violation exists or, it the violator
does not ow the land, upon any other real or
personal property owned by the violator, and it
may be enforced in the same manner as a court
judgment by the sheriffs of this State, including
levy against the personal property, but shall not
be deemed to be a court judgment except for en-
forcement purposes. After one (1) year from the
filing of any such lien which remains unpaid, Dade
County may foreclose or otherwise execute on the
lien.
(Ord. No. 85-33, § 1(7), 5-21-85)
Sec. 8CC-8. Appeals.
(a) The named violator or the County may ap.
peal a final order of the hearing officer for all vi-
olations except those contained in Chapter 5 of
the County CcAe by filing a notice of appeal in the
�! ► r�a if
no 0•
oc" DADE C�- JNW CODE
xcuit Court in and for Dade County, Florida, in
xordence with the procedures and within the
me provided by the Florida Rules of Appellate
rocedure for the review of administrative action.
(b) For violations of Chapter 5 of the County
ode, the violator or the County may seek to over -
am the order of a hearing officer by making ap-
lication to Dade County Court for a trial do novo
a the merits. Such application shall be filed with -
2 thirty (30) calendar days of the issuance of the
rder sought to be overturned. A violator shall
Lave the right to a de novo proceeding provided
hat all administrative remedies have been ex-
musted. Failure -to make such application within
he prescribed thirty -day period shall render the
indings of the hearing officer conclusive, binding
►nd final. All findings of the hearing officer shall
ie admissible evidence at any de novo proceeding
3eld pursuant to this section.
Seo. SCC -10. Schedule of civil penalties.
(c) Unless the findings of the hearing officer are
overturned in a proceeding held pursuant to Sec-
tion 8CC-8(a), all findings of the hearing officer
shall be admissible in any proceeding to collect
unpaid penalties.
(Ord. No. 85.33, § 1(8), 5.21-85; Ord. No. 86-22, ¢
1, 3-1886; Ord. No. 90-6, § 1, 2.6-90; Ord. No.
91.127, § 2, 10-15-91)
Sec. 8CC-9. Provisions contained herein are
supplemental.
Nothing contained in this chapter shall prohibit
Dade County from enforcing its Code by any other
means. The enforcement procedures outlined here-
in are cumulative to all others and shall not be
deemed to be prerequisites to filing suit for the
enforcement of any section of this Code.
(Ord. No. 85-33, § 1(9), 5-21-85)
The following table shows the sections of this Code, as they may be amended from time to time, which
may be enforced pursuant to the provisions of this chapter; and the dollar amount of civil penalty for the
violation of these sections as they may be amended.
The `descriptions of violations" below are for informational purposes only and aro not meant to limit
or define the nature of the violations or the subject matter of the listed Code sections, except to the extent
that different typos of violations of the same Code section may carry different civil penalties. For each
Code sectionlisted in the schedule of civil penalties, the entirety of that section may be enforced by the
mechanism provided in this Chapter SOC, regardless of whether all activities proscribed or required
within that particular section are described in the `Description of Violation" column. To determine the
exact nature of any activity proscribed or required by this Code, the relevant Code section must be
examined.
W—TWIP,
Section Description of Vwlation
2-8.1 Disclosing false information
2-103.1 Construction in right-of-way without permit
2-103.1 Construction in -right-of-way nonconforming with public
works manual
2-103.1 megal paving or drainage construction on private property
2-103.15 Illegal signs in right-of-way
All other Chapter 2 violations
Sapp No 77
1272
Civil
Penalty
$ 500.00
200.00
200.00
200.00
200.00
200.00
0• 0•
Supp. No. 12 1273
CODE ENFORCEMENT
16CC-SO
(,ode
Cioil
Section
Description of Violation
Penalty
4-3(a)
Providing ambulance service without a certificate of public
600.00
-
convenience and necessity
4.3(a)
Advertising ambulance service without a certificate of pub-
500.00
lic convenience and necessity
4-7(a)
Charging an unlawful rate
500.00
4-7(a)
Failure to post rates
50.00
4-8(aX2)
Failure to maintain twenty-four (24) hour public telephone
500.00
access
4-8(aX8)
Failure to provide the county manager with a current list of
500.00
telephone numbers and addresses of responsible manage-
ment personnel
4-8(aX4)
Failure to provide service twenty-four (24) hours each and
500.00
every day
4-8(aX6)
Failure to promptly answer every telephone call for service
500.00
4-8(aX6)
Failure to load and transport patients with a medical emer-
500.00
gency regardless of ability to pay
448(aX7)
Failure to provide each transport unit with direct two-way
500.00
communications with a central dispatcher at all times
4.8(e►Xe)
Failure to tape record all radio and telepbonic service re-
600.00
lated conversations requesting ambulance service received
through the communications center
4-8(aX8)
Failure to maintain radio and telephonic tapes for at least
500.00
sixty (60) days
4-8(aX9)
Failure to inform complainants of their right to redness un-
500.00
resolved grievances by providing the name, mailing address
and telephone number of the office designated by the county
manager to enforce provisions of time article and receive
complaints
4-8(c)
Hiring of individuals in violation of Section 4.9(b)
500.00
4-13(c)
Engaging an ambulance or air ambulance with intent to
1,000.00
defraud the certificate holder
4-16(a)
Advertising without the existence of a certificate of public
1,000.00
convenience and necessity from Dade County
5-2
Keeping wild animals or reptiles
200.00
5-2.1
Failure to ensure that animal sterilization requirements
500.00
are met and/or breaching an agreement to sterilize an ani-
mal
Supp. No. 12 1273
mDIMIN
I 600-10
DME COUNTY CODE
Code
Civil
Section
Description of Violation
penalty
5-2.2
Dye or color baby chickens, ducklings, and rabbits or other
200.00
'
animals or food
6-2.3
Sale or possession of dyed baby chickens, ducklings, rabbits
200.00
or other animals or fowl
5-2.3.1
Sale of turtles without salmonella test
200.00
5-2.8.2
Failure to post warning at displays of turtles for retail sale
200.00
5-2.5
Cruelty to animals
500.00
5-4
Dog on beach or in park
50.00
5-5
Dog defecating or urinating on public or common property
50.00
b 6(a)
Spayefteutered dog running at large in any manner
First Offense
50.00
Second Offense
100.00
Third Offense
200.00
Each Subsequent Offense
250.00
6.6(c)
Intact dog running at large in any manner
First Offense
150.00
Second Offense
200.00
Third Offense
300.00
Each Subsequent Offense
360.00
5.6.1(a)
Dog becoming a public nuisance
50.00
".2(b)
Failure to confine dog during dangerous dog investigation
100.00
or hearings; failure to provide address where the animal
resides; relocating the dog during the investigation or hear-
ings; or transfer of ownership during the investigation or
hearing
".2(dX17)
Failure to confine dog during the dangerous dog determi-
250.00
nation appeal period
5-6.2(e)
Failure to register dog as dangerous; renewal
500.00
5-6.2(g)
Failure to give notice to Animal Control of -certain occur-
500.00
renes involving dangerous dogs
6.5.2(h)
Failure to notify Animal Control of change of ownership of
500.00
dangerous dog
5-6.2(i)
Failure to muzzle or restrain dangerous dog
500.00
5-6.2(j)
Using dangerous dogs in hunting
500.00
1
Supp No 12
1274
:J .1 �ciV
mDIMIN
Supp. No. 10 1297
CODE ENFORCCAENT
i WC -30
Code
Civil
Section
Description of Violation
Penalty
All other Chapter 30, Article III, violations -
200.00
31-303(x)
Failure to obtain a chauffeur's registration. Fine shall be
1000,00
reduced to $50.00 if the person issued the citation has held
a valid Dade County chauffeur registration within the past
six months
31-303(iX1)
Failure to display a valid chauffeur's registration
50.00
31.303(iX2)
Violation of solicitation prohibition
75.00
31.303(iX3)
Violation of smoking while transporting passengers or sleep-
75.00
ing in vehicle prohibition
31-303(iX4)
Refusal or neglect to transport; or violation of additional
100.00
passengers prohibition
31-303(iX5)
Failure to maintain a neat appearance; or failure to meet
25.00
dress standards
31-303(iX6)
Failure to maintain accurate, legible trip sheets or failure to
25.00
provide trip sheets to CSD, when requested
31-30307)
Overcharging passenger
250.00
31-30300)
Failure to offer fare receipt to paying passenger
25.00
31-303(i)(9)
Operating an unsafe vehicle
75.00
31-303(iX10)
Violation of abusive language prohibition; or being discour-
100.00
teous to passengers or enforcement personnel, or soliciting
gratuities
31.303(iXll)
Operating a vehicle while ability or alertness is impaired
250.00
31.303(iX12)
Failure to notify (SD of modification of agreement with an
25.00
operator or for -hire company; or failure to notify CSD of
change of address within ten (10) days of relocation
31-303(iX13)
Failure to select most economical route to destination
100.00
31-303(iX14)
Violation of passenger diversion prohibition, or accepting
250.00
payment for passenger diversion
31-303(iXl5)
Failure to stop vehicle for inspection; or failure to allow
50.00
authorized enforcers to inspect vehicle
31-303(iXl6)
Failure to display of -duty sign
50.00
31-303017)
Failure to use air conditioner
250.00
31-303(iX18)
Displaying an altered chauffeur's registration
260.00
31-303(iXl9)
Failure to sign and accept violation notice
250.00
Supp. No. 10 1297
Supp Na. to
m
1.'298
J - 666
00
~ r
1 ,
f sOC-10
DADE COUNTY CODE
Code
Muil
Section
Description of Violation
Penalty
31.303(1)(20) -
Vehicle operation with no valid operating permit and/or ve-
-260.00
hide inspection displayed. Fine shall be reduced to $50.00 if
valid operating permit or valid inspection decal is presented
to CSD within two (2) business days of citation issuance
31-303(iX21)
Vehicle operation when displayed operating permit decal or
250.00
vehicle inspection sticker tampered or altered
31-304(1)
Failure to operate with properly sealed and operating taxi-
250.00
meter
31-304(2)
Chauffeur not in attendance of vehicle except whey perked
25.00
in taxicab storage areas at Miami International Airport and
Dodge Island; or vehicle doors open when unauthorized
31-304(3)
Failure to operate with a lit tell-tale light
25.00
All other Chapter 4, Article III; Chapter 30, Sections 30-371
50.00
and 30-372; and Chapter 31, Articles 17., III, IV and V, vio-
lations relating to chauffeurs
32-8.1(g)
Violation of water shortage emergency restrictions
75.00
32.8.2
Violation of permanent landscape irrigation restrictions
50.00 l
330a)
Failure to obtain certificate of use and occupancy for South
500.00
Florida Building Code (SFBC) Group A, B, C, D, E, and F
occupancies
33-8(b)
Failure to obtain certificate of use and occupancy for SFBC
200.00
Group G and H occupancies
334Kc)
Failure to obtain certificate of use and occupancy for SFBC
100.00
Group I and J occupancies
33.11
Over -height fence, barbed wire fence, wall or hedge
100.00
33-11
Improperly located foace, wall, or hedge
100.00
33-12
Failure to erect or maintain proper swimming pool fence or
500.00
barrier
33-13
Unlawfully establishing an unusual or new use without pri-
500.00
or approval at public hearing
33-15
Illegally maintaining or depositing junk or trash
500.00
33-15.1
Failure to remove derelict/noafunctioning property per or-
500.00
der
33-16
Illegal excavation
500.00
33-20(0)
Illegal boat storage
100.00
Supp Na. to
m
1.'298
J - 666
0•
CODE ENFORCEMENT 6 8CC-11
(Ord. No. 85-33, § 1(10), 5.21-85; Ord. No. 86.22, § 1, 3-16-86; Ord. No. 87-56, § 2,9-1-87; Ord. No. 86.32,
§ 1, 4-21-88; Ord. No. 88-36, § 1, 5-3-88; Ord. No. 88-45, § 2, 5-17.88; Ord. No. 88-46, 12, 5-17-88; Ord.
No. 88-95, § 1,10-4-88; Ord. No. 89-8, § 1, 2-21-89; Ord. No. 89-22, § 9,4-4-89; Ord. No. 89.92, § 6,9.26.89;
Ord. No. 89-104, § 1, 11-7-89; Ord. No. 90.6, § 1, 2.6-90; Ord. No. 90-11, § 4, 2-20-90; Ord. No. 90-73, § 2,
7-24.90; Ord. No. 91-18, § 1, 2-19-91; Ord. No. 91-28, § 3,3-5-91; Ord. No. 91-37, § 3A, 3-19-91; Ord. No.
91-40; § 2,4-2-92; Ord. No. 91-65, § 2, 6-20-91; Ord. No. 91-90, § S. 9-16-91; Ord. No. 91-95, § 26,9-16-91;
Ord. No. 91-109, § 3.10-1-91; Ord. No. 91-111, § 1,10-1-91; Ord. No. 91-116, § 2,10-1-91; Ord. No. 91-122,
§ 2, 10-1-91; Ord. No. 91.123, § 12,10-15-91; Ord. No. 91-128, § 2,10-16-91; Ord. No. 91-134, § 2, 11-5-91;
Ord. No. 92-20, § 10, 3-17-92; Ord. No. 92-38, § 4, 5-19-92; Ord. No. 92-89, § 3, 8-27-92; Ord. No. 92-97,
§ 12, 9-15-92; Ord. No. 93.57, § 2, 6-1-93; Ord. No. 93.65, § 2, 6-15-93; Ord. No. 93.70, § 6, 745-93; Ord.
No. 93-71, § 2, 7-15-93; Ord. No. 93.72, § 4, 7-15-93; Ord. No. 93-76, § 2, 7-27-93; Ord. No. 93-108, § 1,
10-19-93; Ord. No. 93-109, § 1, 10-19.93; Ord. No. 93-112, § 1, 10-19-93; Ord. No. 93-115, § 2,11-3-93, Ord.
No. 93-130, § 2, 11-16-93; Ord. No. 94-13, § 2, 1-20-94; Ord. No. 94-14, § 2, 1-20-94; Ord. No. 94-15, § 4,
1-20-94; Ord. No. 94-49, § 2, 3-17-94; Ord. No. 94-77, § 2, 6-5-94; Ord. No. 94-78, 11, 5-5-94; Ord. No.
94-61, § 2,6-5-94; Ord. No. 94-93,6 4,5-17-94; Ord. No. 94-102, § 2,6-17-94; Ord. No. 94-121, § 2.6-21-94;
Ord. No. 94-122, § 2,6-21-94; Ord. No. 94-123, § 3,6-21-94; Ord. No. 94-124, § 2.6-21-94; Ord. No. 94-136,
§ 2, 7-12-94; Ord. No. 94-139, § 1, 7-12.94; Ord. No. 94-148, § 1, 7-14-94; Ord. No. 94-149, § 2, 7-14-94;
Ord. No. 94-198, § 8,11-1-94; Ord. No. 94-199, § 3,11-1-94; Ord. No. 94-207, § 3,11-1-94; Ord. No. 94-211,
§ 5, 1145-94; Ord. No. 95-23, § 2, 2-7-95; Ord. No. 95-29, § 1, 2-7-95)
Sec. SCC -11. Enforcement procedure for mu-
nicipalities.
(a) Municipalities within Dade County shall be
entitled to enforce the applicable provisions of this
chapter within their municipal boundaries sub-
ject to compliance with the provisions of this sec-
tion.
(b) As a condition to enforcing the applicable
provisions of this chapter, a municipality shall en-
ter into an interlocal agreement with Metropoli-
tan Dade County. The interlocal agreement shall
contain, at a minimum, the following.
(1) The section or sections of this Code which
the municipality wishes to enforce through
this chapter,
(2) The job title of the agents or employees of
the municipality authorized to porform the
enforcement functions and the number of
agents or employees so authorized;
(3) The amount reimbursable to Metropolitan
Dade County for administrative costs relat-
ing to the conduct of hearings on appeals
from violations issued by the municipality,
including but not limited to attorneys' fees
and costs, costs of transcription and cleri-
cal costs;
Supp No. 12 1303
(4) The amount of revenue reimbursable to the
municipality from any fine collected pursu-
ant to this chapter,
(5) An agreement to indemnify and save the
County harmless from and against any and
all liability, actions and causes of action re-
lating to the municipality's enforcement of
the provisions of this chapter, and
(6) A term not to exceed three (3) years.
(c) With respect to laws and ordinances of Coun-
ty -wide application, the provisions of this section
shall be supplemental to and not in derogation of
any authority of Metropolitan Dade County to en-
force the provisions of those laws and ordinanoes.
(d) Nothing contained in this section is intend-
ed to extend the substantive effect or application
of any County law or ordinance to any municipal
area where such County law or ordinance is not
effective or applicable.
(e) Nothing contained in this section shall pro-
hibit any municipality from enforcing provisions
of its municipal code or this Code by any lawful
and authorized means.
(Ord. No. 94-38, § 1, 3-3-94)
[The next page is 13511
'J .1. -" 'tr ._) ii
�srr u
• ,:, I,EMORANDUM
- ------ ------AEe�a I t. em No. 6 (a) 1
Honorable Chairman and Members DATE: March 3, 1994
Board of County Commissioners -
�� SUWECT: Revision to Administrative
Order 2-5: Code Enforcement
IM. Joa in G. Avino, P.E.,P.L.S.
County Manager
Recommendation
It is recommended that the Board approve Administrative Order 2-5, entitled Code Enforcement,
as revised aril attached.
c�a kMund
Administrative Order 2-5, ordered and effective March' 18, 1986, has been broadened to include
definitions and to specifically identify the responsibilities inherent to the administration of
Chapter SCC of the Code of Metropolitan Dade County by the respective issuing departments,
as well as Code Enforcement, County Clerk Division.
A new provision has bxn added, if the proposed ordinance passes which is set for public
heariug-today, reg r&ng amettdng Chapter 8CC of the Code. Mds amendment would allow the
officials and iaspedors of municipalities to participate in the civil violations and penalties
ordinance developed under Chapter 8CC to penalize violators of regulations, and to use the
citation procedures established in the Code. In order to be entitled to the provisions of Chapter
SCC, the municipality would be required to entry into an interlocal agreement with the County,.
in soon erne with the conditions included in the amended ordinance, at a minimum.
• �M
In addition, the department administrative costs and continuing penalties xrimbursement for
distribution to departments by Code Enforcement, County. Clerk Division, has been refined to
provide a clearer definition. Departmental administrative costs incurred by issuing departments
while processing continuing violations and levying liens, however, are not provided for under
Chapter 8CC. These costs can only be levied or collected by departments if other statutory
Code provisions or County Commission approval are authorized.
Finally, a provision has been added identifying how cases may be closed and dismissed.
Attachment
Z�Iiis1.Y:
00
A.O. Ila.: 2-5
ORDERED: 3-8-94
EFFECTIVE: 3-8-94
ADMINISTRATIVE ORDER
METROPOLITAN DADE COUNTY
CODE ENFORCEMENT
AUTHORITY: Section 4.02, Metropolitan Dade County Charter,
and Chapter 8CC, Metropolitan Dade County Code.
SUPERSEDES: This administrative order supersedes
Administrative order 2-5 ordered and effective
March 18, 1986.
POLICY: It shall be- the policy of Metropolitan Dade
County to foster compliance with the
ordinances passed- by the Board of County
Commissioners, as embodied in the Code of
Metropolitan Dade County, by encouraging, its
Code Inspectors to utilize available
enforcement mechanisms, including the issuance
of uniform civil violation notice, to attain
this goal.
. - :*1•:,1
MUNICIPALITIES: Municipalities within Dade county shall also be
entitled to enforce -the applicable provisions
of this chapter within their municipal
boundaries by entering into an interlocal
agreement with Metropolitan Dade County which
shall contain, at .a minimum, the following:
1. The section or sections of the. Code of
Metropolitan Dade County, as listed in
Section 8CC-10, which the municipality
wishes to enforce through this Chapter;
2. The job title of the agents or employees
of the municipality authorized to perform
the enforcement functions and the number
of agents or employees so authorized;'
3. The amount reimbursable to Metropolitan
Dade County for administrative costs
relating to the conduct of hearings on
appeals from violations issued by the
municipality, including, but not limited
to,. attorneys fees and costs, costs of
transcription and clerical costs;
A. The amount of revenue reimbursable to the
Dl -7
r-
municipality from any fine col3ected
pursuant to the Chapter;
5. An agreement to indemnify and save the
County harmless from and against any and
all liability, actions and cause of action
relating to the municipality's enforcement
of the provisions of this Chapter; and
6. A term not to exceed three years.
The County reserves the right to set minimum
education, training and background check
requirements to be met by municipal employees",
or agents enforcing the Code. Furthermore, the
County shall provide oversight and auditing
authority in order to withdraw delegation if it
is determined that. the municipality is
improperly enforcing -the Code.
Any. appeals to the Circuit Court or beyond
from Civil violation Notices issued by a
municipality shall be handled by that
municipality and its legal staff.
DEFINITIONS: A "Code Inspector" is defined to be any agent
or employee of Dade county whose duty it is to
assure Code compliance.
Subject to the requirement of 8CC-11, a "Code
Inspector" is.also defined to be any agent or
employee of a municipality who has been
authorized pursuant to that section to assure
Code compliance.
"Violators" shall be deemed to be those persons
or entities legally responsible -for the
violation of the ordinances listed in Section
SCC -10 of the Code.
An "uncorrectable violation" is 'a violation
which cannot be remedied after the violation
has been committed because the violation
constitutes a single prohibited act rather
than an ongoing.condition or circumstance.
A "continuing violation" is a violation which
remains uncorrected beyond the reasonable time
period for correction contained in either the
civil violation notice or the final order of
the hearing officer, whichever is applicable.
A "repeat violation" is a recurring violation
of an ordinance ijy a violator who has
IIIIile�`ifil
HEARING
.OFFICERS:
DEPARTHENTS'
RESPONSIBILITIES:
ert
previously been guilty of the same violation.
Passage of ordinance 85-33 created and
established a code enforcement position to be
filled by Hearing Officers. The County
Manager, or his designee, shall. prepare and
submit for ratification to the Clerk_ of the
Hoard of county Commissioners a list of
qualif ied candidates nominated for appointment
as Hearing Officers. Compensation for Hearing
officers shall be $lso.00 per day.
Code Enforcement department directors, or
their designees, shall be responsible for the
following:
1. Code Inspectors shall enforce the
' ordinances- listed -in Section SCC -10 of the
Code.
2. Upon issuance of a Civil Violation Notice
(CVN) to a violator, a fully completed
copy of the CVN must be sent to Code
Enforcement, County Clerk Division.
3. All original civil penalty payments;
continuing civil penalty payments, and
administrative hearing costs imposed.
pursuant to the provisions of Chapter SCC
shall be remitted directly to Code
Enforcement, County Clerk Division, with
a check made payable to the Clerk of the
Circuit and County Courts.
T_
4. For any CVN issued in which a date of
correction has been given; or for any case
In which a Hearing Officer has set a date
of correction (see Sec. 8CC-4(f) of the
Code), a Code Inspector must prepare an
Affidavit of Compliance/Non--Compliance and
send a copy to Code Enforcement, County
Clerk Division. The Affidavit must
indicate whether the violation has been
corrected'by the date of correction set
forth in CVN or by the Hearing officer,
and, if it has not, the Aff idavit must so
reflect and must set forth a request that
the Hearing off icer issue an order f inding
the violator guilty of a continuing
violation, imposing continuing violation
penalties to be effective beginning on the
date of correction and ending at a
specified date, and setting forth the
total amount of penalties to be paid by
the violator.
5. A lien shall be placed on a violatorts
real or personal properties whenever a
violator has failed to pay the amount set
forth in an Order of the Hearing Officer.
The lien is to be recorded
in the public records of Dade County and
Code Enforcement, County Clerk Division,
is to be notified of same, along with the
required lien payment.
'6. Department shall be authorized to sign
statements settling civil penalties for
amounts less than the maximum continuing
penalty. Such settlement shall contain
the justification for settlement; the
inspector's badge number, if applicable;
the original penalty amount; -'the
settlement amount; the amount collected
(indicating full payment or partial
payment);, and the signature of the
department director, or designee,
with notification to Code Enforcement,
County Clerk Division. If any penalties
have been made the subject of court
actions, settlements must also include an
' aporoval from the County Attorhey!s
Office.
7. If within ten days prior to the hearing'
date a violator requests that a hearing be
rescheduled, Code Enforcement, County
Clerk Division, will automatically..;
advise the department in writing. The
affected department will then make the
decision as to whether to reschedule or to
deny the request and will advise. Code
Enforcement, County Clerk Division, of
same.
CODE ENFORCEMENT,
COUNTY CLERK DIVISION,
RESPONSIBILITIES: Code Enforcement, county Clerk Division,
shall be responsible for the following:
1. Upon receipt of a Civil violation
Notice, a letter will be issued to
the violator indicating the amount of
the civil penalty and the date by
which the penalty is to be 'paid,
advising the violator the date by
boo
sa4106DOW
a
which the violation must be ti
corrected (if applicable), and
providing the deadline date to
request an administrative
hearing, in writing, to appeal the
civil violation.
2. If payment has not been received for
a Civil Violation Notice and/or the
violation of the Code Section has not
been corrected, a second letter will
be issued by certified mail, return
receipt, requested, to the violator.
(with no appeal f iled) indicating the
civil penalty, accrued penalty,
department administrative cost, and
the total amount due within 30 days.
The violator is further advised that
if payment is not received and/or the
violation is not corrected withj:n 30
days, a lien shall be placed against
the violator's real, or personal
property.
3, When an appeal has been filed and the
Hearing Officer finds the violator'
guilty at the Administrative Hearing,
a letter shall be sent to the
violator cKdering correction of the
violation (if applicable) and
requiring payment of the civil
penalty, hearing administrative cost,'
accrued -penalty, and the total amount
to be paid. The violator • is further
advised• that if payment is not
received and/or the violationr,.s• not
corrected within 30 days, a lien
shall be placed against the
violator's real or personal
property. To appeal a Hearing
officer's decision,. a Notice of
Appeal must be filed in the Circuit
court within the time provided by
the Florida Rules of Appellate
Procedure.
M 4. -When appropriate, a Satisfaction O
Lien will be filed in the Dade County
public records_
S. Management information reports will
be generated monthly, sequenced by
department and badge number, for
distribution indicating citations
paid, citations complied, and
citations not complied.
6. A report will be generated on an
annual basis, by department,
detailing outstanding violations for
the previous year.
7.1 A report will be generated, and
distributed for each department,
providing the estimated cost
reimbursement deduction on an
ongoing basis.
MAXIMUM TOTAL FINE: The maximum total fine for any one
continuing violation shall be fixed at ten
times the original penalty amount.
DEPARTMENT
ADMINISTRATIVE COSTS: Department administrative costs shall mean
certain administrative costs incurred by
issuing departments while processing
continuing violations and levying liens.
Department administrative costs are not
provided for under Chapter 8CC and can
only be levied or collected if authorized
by other statutory Code provisions'or
County Commission approval.
ADMINISTRATIVE
REIMBURSEMENT: In order to cover the actual
administrative expenses incurred by
the County Clerk Division in supporting
.. the Code Enforcement system, the County
Clerk shall retain all original fines and
administrative hearing costs assessed by
a hearing Officer. After deductioia- of
actual administrative expenses, the County
Clerk, with concurrence of the Budget
Director, shall annually return to non -
,general fund issuing departments on a
• prorated basis the remainder of retained
original fines. The continuing penalties
and department administrative costs shall
be distributed to non -general fund issuing
departments on a monthly basis.
DISMISSAL OF CASES: Cases may be closed and dismissed in the
following circumstances:
1. •Where the civil penalty is paid and
the violation corrected (if
applicable) -
;j j ~ �➢i3V
2. Where the department has settled with
the violator, pursuant to this
Administrative Order.
3. Where the Hearing Officer finds the
F' named violator not guilty and no
k r
appeal is taken by the County ut
* �n'« issuing. municipality.
4. Where there is a 'final settlement,
judgment, order, or other resolution
of a case by a court of competent
jurisdiction.
This Administrative order is hereby submitted to the Hoard of
County Commissioners of Dade County, Florida.
Vqoa4fiin G. A ino, P. E. P.16.S;
County Manager
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MEMO.RANOUlV�
Agcnna1 Item No. 7 ( F )
(Public Bearing 3-3-94)
Honorable Chairperson and Members DATE: December 14, 1993
Board of County Commissioners
SUBJECT: Proposed Ordinance
�� Amending the Metra Code
10m: Chapter 8CC
. AviPro. P.E., P.L.S.
County Manager 94-38
It is recommended that the Board approve the attached ordinance amending Chapter SCC of the
Code of Metropolitan Dade County. regarding civil violation of regulations.
In 1985 Metro Dade County established a procedure thru Ordinance No. 85-33. in which County
inspectors would be allowed to ticket civil violations of the codon, in lieu of the previous
proeocluro which entailed disciplinary procedures being presented before the courts or .Trade
Boards. By granting ticketing power to enforcement personnel, the process was streamlined to
provide • swift enforcement of regulations without having to recourse to the overburden court
system which can persist for months before being resolved.
This ordinance allows the officials and inspectors of municipalities to participate in the. civil
violations and penalties .ordinance developed under• Chapter SCC to penalize violators of
regulations, and to use the citation procedures established in the Code. -•-
This ordinance will allow better and more expeditioat enforcement of the laws regulating the
building industry countywide and provide a uniform system of providing penalties to all
violations no matter the city in which the violation occurred.
In order to be entitled to the provisions of Chapter SCC., the municipality would enter into an
interlocal agreement with the County and the conditions'are included in the amended ordinance.
Finally, amending the ordinance will allow better tracking of repeat offenders so that they may
face losing their licenses to operate in the County or prosecution in civil court.
Honorable Chairperson and Members
Board of County Commissioners
Page Two
LCONODUC ANAINSTS
1. The economic impact of the ordinance on the County/s budget;
Depending on the rn+mber of violatiow.zc=;ated by dwwoumn,..the County now
have to hire more.haOng officers, to bw the cases brought to them. 71 z cost may
be compensated by thesnonies generated by the.civil violation notices.
2- The economic impact ofthe ordinance on the private sector,
By providing wide spread enforcement.of the county ordinances the legitimate
contractors will be able to obtain more work.
3. The effect of the ordinance on public or private employment;
Building Department's throughout Dade County may have to employ more inspectors to
help in the enforcement-
4.
nforcement4. The costs and benefits, both direct and indirect. of establish: and maiaCainio-the
program set forth in the ordinance;'
By:having more qualified persoanelparticipating in.the enforcement procedures.
the citizens of Davie County wt11 benefit.
5. Whether the ordinance is necessary to enable the County to obtain State or fedamt
grants or other financing;
Not applicable_
a
Agenda Item No. 7(F)
3-3-94
ORDINANCE ANZNDXNG CIiaPTM 8CC OF THE CODE
OF METROPOI,ZTAM• DADS OOUNTY; AOTNORXZXNG
MUNITO IWORCR CTTIITION AND PiOK&TTY
PROVISIONS OF =ILT CeaPTERI, REQOZRTUG ]1iT8RLOCAL
AC 1T WTT_'H DADS COMM AS A CQNDSTZON OF
SUCH JSELVU AND ' 'iimm
FOR THE AGBREMR1T j PNdiiZ02 iG 101MIF10110111w,
XKCLUSION IK T= COOS AND AN WP=TXVB WOM
NOW, THEREFORE, BE.IT ORDAINED BY THE BOARD OF COUNTY
COMKXSSIONERS OF, DADE COUNTY., FLORIDA:
Section 1. Chapter BCC of the Code of Metropolitan Dade
County is hereby amended as follows:,/
Section 8CC-3 Enforcement Procedure:
,.,(a) For the purpose of this Chapter a "Code Inspector" is
defined to be_any agent or. employee of Dade County -whose
duty it is to.assura code compliance. Subiect'to the.
Section SCC -11 Enforcement !X2rgAuXe for Municipalitles
1/ Words struck through shall be deleted. ]nderscored words
constitute the amendments proposed. Remaining provisions are now.
in effect and remain unchanged.
Agenda Item No.
7(F)
Page No. 2
(161 ,As �a condition
to enforcing the aoolicable
_
provisions of
this Chanter. a municipality shalLjgater
into
an interli2cal
sareement with Metr000litan:padgCounty.
The
interlocal aar
event shall contain, at A Minimum. the
following_
Ill The
ae_otion or sections of this Code which
tha
munlci
Chanter;
aolity_yi rhes to enforce throuczh this
(2) Tho
Job &itle of the ag&= o employees
of tho
'municipality
authorized to perform the
nforceaient
functions
and the number of agents og g=loye_sa
_so
authorized;
131 The'gGount
reimbursable to Metropolitan
Dade
Cemuty
for administrative costa rel,g&ing.
g the
conduct
of hearings on eppeals from vi o
atiolls
issuefl
jrZ the muni~cipajLtX, including but
not.
limited to a to eys' fees And casts, costs
of
transcrintion,a}d
clerical costs;
f 41 The
• amount of revenue re' mb rsable to the
launici
al tv from -any fine colle _ ed yurguant
to '
this
Chapter.,
(5) An
acrreenent to. i.nde.Rtnify and have the County
harmless
front an_d, against mmy and all li
bili.ty.
actions
and causes of action relating to
the
mu
'C Dal ilty'a en£orcomen& of the prgvisions'
of
this
Charter; and
(61' A ter}
not to exoeed th ee veara.
(c) With resspeq&
to laws and ordinances 4f county--wide
.
{app icatign,
the nrovis ons of --this Section shall
be
aURj2lemental
to and net in deri2aat„ion of Ay authority
of
et Q2glitan�Dade
county to enforce the nrovisi.onry
-af those
laws and ordinances.
(dl -Nothing
pontained in thissection is intended
e substan ire
effect or application or any county
law or,
ordinance to
any municipal area where such County
law or
ordingnce is
not effective or agplicablP.
(el nothing
contained in this Secrign shall. prohibit
any
munic,.vality
from enforcing Proyisions of its munici-aa
_code
or. this Code
by any l.atrfui���d atlthOZ27.@C1�17 AaiIS_
0 . 0
Agenda Item No. 7(F)
Page No. 3
Section 2. If any section, subsection, ,sentance, clause. or
provision of this ordinance is hold invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Sect on 3. It is the'intention of the Hoard of County
Commissioners, and it is hereby ordained that the provisions
of this ordinance shall become and be made a part of the
Code of Metropolitan Dade County, Florida. The sections of
this ordinance may be renumbered or relettered to accomplish
such intention, and the word "ordinance" may be changed to
"section", "article"., or other appropriate. Word.
section .t. This ordinance shall become effective 90 days
after its enactment.
PASSED AND ADOPTED: M• O 3 1994
Approved by County Attorney as
to form and legal sufficiency:
Prepared By:
5
0 CITY OF MIAMI, FLORIDA =19
INTER -OFFICE MEMORANDUM
To The Honorable Mayor and Members
of the City Commission
6
FROM: oS'A. Gime z
it Manager
RECOMMENDATION
nATF 41i 2 6 FILE :
SUBJECT Proposed Resolution
REFERENCES Interlocal Agreement with
FWLM;1FS: Miami -Dade County
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute an Interlocal Agreement between the City of Miami and
Miami -Dade County, for a three (3) year period, for the enforcement of Miami -Dade County Code
Chapter 4 and 31, regulating for -hire transportation by the Department of Police.
BACKGROUND
In May of 1998, the City and County entered into an interlocal Agreement, which authorized the
City to enforce specific sections and Articles of Chapters 4 and 31 of the Code of Miami -Dade
County (Code), which the Department of Police has successfully enforced. This encompasses
taxicabs, limousines. passenger motor carriers, and special transportation service transportation.
This agreement allows local governments a portion of the fines collected from the enforcement of
the for -hire regulations by municipal police officers.
_\y, ,My
M(
CAG C/JLM/lr
01- 680