HomeMy WebLinkAboutExhibit 4EXHIBIT C
Sec. 8CC-3. Enforcement procedures.
(a) For the purposes of this chapter, a "Code Inspector" is defined to be any agent or
employee of Miami -Dade County whose duty is to assure the enforcement of and
compliance with the Code of Miami -Dade County. Prior to being provided the authority to
initiate enforcement proceedings under this Chapter, a Code Inspector shall be required
to successfully complete a criminal background investigation as prescribed by
administrative order of the County Manager. Subject to the requirements of Section
8CC-11 below, 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. Municipal employees shall also be required to successfully complete a
criminal background investigation prior to being provided authority to initiate enforcement
proceedings under this Chapter.
(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 responsible for the violation of the ordinances listed in Section 8CC-10.
(d) A Code Inspector who finds a violation of those ordinances of this Code listed in
Section 8CC-10 shall determine a reasonable time period within which the violator must
correct the violation. This determination shall be based on considerations of fairness;
practicality; ease of correction; ability to correct; severity 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 violation.
(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 fifteen (15) years of age or older and informing
that person of its contents. If such service cannot be effected, the civil violation notice
may be sent by certified mail, return receipt requested,or by posting of the civil violation
notice in a conspicuous place on the premises or real property upon which the violation
has been observed or by mailing to or posting the civil violation notice at the property
owner's mailing address as listed in the tax records of Miami -Dade County. Such posting
of the civil violation shall be deemed proper service, and the time for compliance, stated
in the notice, shall commence with the date such notice is posted.
(f) The civil violation notice shall include but not be limited to the following:
(1) Date of issuance.
(2) Name of Code Inspector and division or department 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 violation, including location, date, and time of
violation.
(6) Amount of the civil penalty for which the violator may be liable.
(7) Instructions and due date for paying the civil fine or filing for an administrative
hearing before a Hearing Officer 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 subject to additional penalty in the same
amount, without the need for additional notices 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 administrative hearing within twenty (20) days, or
within the specified time period listed for a violation of a specific Section of the Code,
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.
(12) Notice that the violator may be liable for the reasonable costs of the administrative
hearing should he be found guilty of the violation.
(13) Notice that the violator may be liable for the County's costs and expenses incurred
as a result of investigation, enforcement, testing or monitoring should the violator be
found guilty of the violation.
(g) A Code Inspector is authorized to record in the public record the civil violation notice
or a notice of violation which is based upon the civil violation notice. The recording of the
civil violation or a notice of violation under this section shall not act as or be a lien on the
property and shall not act as a notice of a lien on the property but shall merely act as
public notice of the existence of the violation.
(Ord. No. 85-33, § 1(3), 5-21-85; Ord. No. 86-22, § 1, 3-18-86; Ord. No. 90-6, § 1, 2-6-
90; Ord. No. 94-38, § 1, 3-3-94; Ord. No. 94-207, § 3, 11-1-94; Ord. No. 99-55, § 2, 5-
25-99; Ord. No. 99-55, § 2, 5-25-99; Ord. No. 00-53, § 1, 5-9-00; Ord. No. 05-19, § 2, 1-
27-05)