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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-01104 Final Action Date: AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION," MORE PARTICULARLY BY AMENDING ARTICLE X ENTITLED "CODE ENFORCEMENT," BY CLARIFYING EXISTING LANGUAGE AND ADDING PENALTIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is authorized by Florida Statute Chapter 162 to create a code enforcement procedure including the imposition of administrative fines and other noncriminal penalties to provide an equitable, expeditious, and inexpensive method of enforcing all City codes and ordinances; and WHEREAS, the City is authorized to promote, protect, and improve the health, safety, and welfare of its citizens; and WHEREAS, the City has authorized the Code Enforcement Board ("Board") to impose per diem fines for violations of the City Code and Zoning Ordinance pursuant to Florida Statute 162.09; and WHEREAS, the City has a population greater than 50,000 allowing the City Commission to authorize the imposition of fines in the amount of $1,000 per day, per violation, for a first violation, $5,000 per day, per violation, for a repeat violation, and up to $15,000 per violation if the Board finds the violation to be irreparable or irreversible in nature; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article X of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:{1} "CHAPTER 2 ADMINISTRATION ARTICLE X. CODE ENFORCEMENT * * * City of Miami Page 1 of 30 Printed On: 11/5/2009 Sec. 2-814. Enforcement procedure. (a) It shall be the duty of the individuals designated in section 2-813 to initiate enforcement proceedings of the various code violations. Neither the board, nor any individual member of the board, nor a special master shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsection (c) hereof, if a violation of the code is found, the code inspector shall notify the violator in writing and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall request a hearing in writing pursuant to the procedure outlined in section 2-815 hereof. If approved by the city attorney, the violation will be scheduled for a hearing and written notice shall be given to said violator as provided herein. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the board or special master, even if the violation has been corrected prior to the hearing, and notice shall so state. (c) If a violation is found to have been repeated by a violator pursuant to F.S. § 162.04(5), or who admitted to violating the same provision within five years prior to the violation, the code inspector shall notify the violator that the violation must be cured immediately. The code inspector, upon notifying the violator of the repeated violation, shall then notify the code enforcement board or special master by requesting an immediate hearing. The code enforcement board or special master, through its clerical staff, shall promptly schedule a hearing before the board or special master and shall provide notice pursuant to F.S. § 162.12. The case may then be presented to and sanctioned by the enforcement board or special master even if the repeated violation has been corrected prior to the hearing, and notice shall so state. Upon finding that the same violation has been repeated by the same violator(s), the board or special master may order the violator(s) to pay a fine of not more than $500.00 for each day the repeated violation continues past the date set for compliance, for each time the violation has been repeated, unless the violation is of article 8.1 ct-titled "Tree Protection" of Ordinance No. 11000 of the zoning ordinance of the city; Article 10 of Ordinance No. 11000 of the Zoning Ordinance of the City; Chapter 10/Article IV of this Code; Chapter 22.5/Article VI of this Code; or of article 13 entitled "Mural Rego latiens" Chapter 62/Article XIII of this Code, then the fine will not exceed $5,000.00 per day per violation. (d) If the code inspector has reason to believe that a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the board or special master and request a hearing. The code inspector, with the approval of the city attorney, may proceed directly with the procedure outlined in section 2-815 without following the procedures of subsection (b), above. Sec. 2-817. Administrative costs, fines; liens. (a) The board or special master, upon notification by the code inspector that an order has been complied with within the time specified in the order, shall accept such notification as acknowledgment of compliance and no fines shall be imposed. (b) The board or special master, upon notification by the code inspector or city attorney that an order of the board or special master has not been complied with by the set time for compliance, may order the violator(s) to pay a fine of not more than $250.00 per day per violation that continues past the date set for compliance by the notice of violation, unless the violation is of article 8.1 entitled "Trcc Protection" of Ordinance No. 11000, the Zoning Ordinance of the City of Miami; Article 10 of Ordinance No. 11000 of the Zoning Ordinance of the City; Chapter City of Miami Page 2 of 30 Printed On: 11/5/2009 10/Article IV of this Code; Chapter 22.5/Article VI of this Code; or ofartisle13 entitled "Mural Regulations" Chapter 62/Article XIII of this Code, then the fine will not exceed $1,000.00 per day per violation, and not more than $5,000.00 per day per violation for a repeat violation. entitled "Mural Regulations" of this Code (c) In determining the amount of the fine, if any, the board or special master shall consider the following factors: (1) The gravity of the violation. (2) Any actions taken by the violator to correct the violation; and (3) Any previous violations committed by the violator. (d) An enforcement board or special master may reduce a fine once a violator has complied with the order, and for good cause shown. The board or special master however, hereby authorizes the city to mitigate fines with violators, provided that the total amount of the daily fine imposed by the enforcement board or special master may only be reduced to the percentage stated in the schedule below: Sec. 2-823. Civil infraction enforcement procedures. (a) Code inspectors shall have the authority to initiate enforcement proceedings as listed below. No special master shall have the power to initiate such proceedings. (b) Prior to issuing a citation, a code inspector who after personal investigation, finds a violation of the sections of this Code as amended and/or other ordinances adopted by this Code as amended, from time to time, shall provide written notice of violation to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If the inspector has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible, the code inspector does not have to provide the person with a reasonable time period to correct the violation. (c) If, upon personal investigation an inspector finds that the person has not corrected the violation within the time period, the inspector shall issue a civil infraction notice to the violator. Service shall be effected by delivering the civil infraction notice to the violator, or his/her agents, or by leaving the civil infraction notice at the violator's usual place of abode with any person residing therein who is 15 years of age or older and informing that person of its contents, or the civil violation notice may be sent by certified mail, return receipt requested. In addition to providing notice as set forth above, at the option of the inspector, notice may be served by posting. Such notice shall be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be City Hall. Proof of posting shall be verified by affidavit of the agent who posted the notice. Evidence that an attempt has been made to hand deliver or mail notice together with proof of posting shall be sufficient that notice requirements have been met. (d) The civil infraction notice shall include but not be limited to the following: (1) Date and time 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 or city ordinance that has been violated. (5) Brief description of the nature of the violation, including location, date, and time of violation. City of Miami Page 3 of 30 Printed On: 11/5/2009 (6) The applicable civil penalty if the person elects to contest the violation. (7) The applicable civil penalty if the person elects not to contest the violation. (8) Instructions and due date for paying the civil fine or filing for an administrative hearing before a special master to appeal the civil fine. (9) Notice that failure to request an administrative hearing within ten (10) days after service of the civil infraction notice shall constitute a waiver of the violator's right to an administrative hearing before the special master, and that such waiver shall constitute an admission of violation and that a penalty may be entered against the violator for an amount up to maximum civil penalty. (10) Notice that the violator may be liable for the reasonable costs of the administrative hearing should he/she be found guilty of the violation. Sec. 2-825. Rights of violators; payment of fine; right to appeal; failure to pay and correct. (a) A violator who has been served with a civil infraction notice shall elect either to: (1) Pay the civil penalty in the manner indicated on the infraction notice, and correct the violation; or (2) Request an administrative hearing before a special master to appeal the determination of the inspector which resulted in the issuance of the civil infraction notice. (b) An appeal for administrative hearing shall be accomplished by filing a request in writing to set the hearing for review and mailing said request to the code enforcement clerk or his/her designee or to the address indicated on the notice, not later than ten (10) days after the service of the civil infraction. (c) If the named violator, after notice, fails to pay the civil penalty and correct the violation (within the time specified), or fails to timely request an administrative hearing before a special master, such failure shall constitute a waiver of the violator's right to an administrative hearing before a special master. A waiver of the right to administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. (d) Failure to correct the violation or file for an appeal within ten days after notice of the civil infraction has been provided will result in the case being forwarded to the code enforcement board or appropriate special master for further action. * Sec. 2-828. Appeals of orders of hearing officers. (a) The violator or the city may appeal an order of a special master by filing a petition for appeal with the Dade County Court. Such appeal shall be filed within 30 days of the issuance of the order by the special master. A violator shall have the right to a de novo appeal provided that all other administrative remedies have been exhausted. (b) In the absence of reversal of a special master's ruling by an appellate court of competent jurisdiction, the findings of the special master shall be conclusive as to a determination of responsibility for the city ordinance or city Code violation, and such findings shall be admissible in any proceeding not to collect unpaid penalties. If the violation is not corrected within ten (10) City of Miami Page 4 of 30 Printed On: 11/5/2009 days of the final order of the Dade County Court, the case will be forwarded to the code enforcement board or appropriate special master. (c) Nothing contained in this article shall prohibit the city from enforcing its city ordinance or city Code by any other means. The enforcement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this Code. Sec. 2-829. Schedule of civil penalties. (a) The table contained herein in subsection (b) lists the relevant sections or descriptions found within the of city ordinances of and the city Code and other relevant codes and statutes, as they may be amended, from time to time, which may be enforced pursuant to the provisions of this article; and prescribes the dollar amount of the civil penalty for the violation of these sections. For all contested tickets, an additional ten percent will be charged. (b) The "descriptions of violations" below are for informational purposes only and the civil penalties attached are meant only as proposed figures not intended to limit the nature, number of or amount of fines to be imposed for the violations which may be cited in this section. To determine the exact nature of the activity prescribed or required by this Code schedule, the relevant Code section, ordinance or treatise cited in the specific violation must be examined. CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Code Section Description of Violation Civil Penalty 2-207 Failure to have a valid certificate of use. $100.00 2-265 Construction in right-of-way, nonconforming with public works standards. 200.00 10-63 Maintaining a vacant, blighted, unsecured or abandoned structure 1,000.00 17-72 Failure to obtain permit to trim trees located in the public right-of-way. 50.00 17-72 Failure to obtain required permit for removal of trees located in the public right-of-way. 500.00 17-73 Failure to obtain permit to break, deface, cut, disturb, or interfere in any way with the roots of any tree, shrub, or vine in a public highway or park. 200.00 17-76 Failure to place guards around all nearby trees, shrubs or vines in a public highway or park during construction of a building. 200.00 17-77 Placing injurious substances on or near tree roots. 500.00 19-2.1 Failure to have valid fire safety permit. 100.00 19-3 Failure to obtain public assembly permit. 100.00 19-4 Obstructing a required means of egress. 100.00 City of Miami Page 5 of 30 Printed On: 11/5/2009 19-5 Failure to obtain flammable combustible liquids permit. 100.00 19-5(d) Failure to obtain required inspection of flammable liquids tanks/devices. 100.00 19-6 Failure to obtain explosives permit. 100.00 19-7 Failure to obtain fireworks permit. 100.00 19-26 Violation orders not corrected. 100.00 22-2(e) Improper placement of garbage containers, garbage, trash, 500.00 or industrial waste in the public right-of-way. 22-5 Failure to maintain property adjoining sidewalk, alley, or 200.00 public right-of-way. 22-18(b) Unauthorized bulky waste on public right-of-way. 200.00 22-116, 22-117 Failure to maintain lot in a safe, clean condition not allowing accumulation of debris, trash or a dense growth of grass. 200.00 22-146 Abandoned property on private property in the city. 500.00 22.5-xx.x Soil erosion, water sedimentation, or airborne dust 1,000.00 (Stormwater Pollution generation violation. Prevention Plan) 23-9.1 Demolition of a historic property by neglect. 250.00 29-1 Landfill --Permit required. 200.00 29-1 Failure to obtain fill permit prior to obtainment of building permit. 200.00 29-1 Filling land with unsuitable material. 500.00 29-4 Failure to level stockpiled material within a reasonable period of time. 200.00 29-4 Failure to protect against excess erosion of filling material. 200.00 29-4 Filling dedicated or undedicated public right-of-way with unsuitable material. 500.00 29-5 Failure to notify public works department 24 hours prior to start of filling operation. 200.00 29-53 Failure to obtain mandatory inspections for filling land in Biscayne Bay. 200.00 29-53 Failure to obtain final inspection for filling land in Biscayne Bay. 500.00 City of Miami Page 6 of 30 Printed On: 11/5/2009 29-54 Filling in Biscayne Bay in violation of the provisions of this article. 200.00 29-83 Failure to obtain waterfront improvement permit. 200.00 29-93 and 29-94 Failure to obtain required inspections for waterfront improvements. 200.00 29-95 Failure to maintain waterfront improvements. 500.00 31-26 Failure to have a valid local business tax receipt. 250.00 35-10 Parking for certain purposes prohibited: (a) No person shall park a vehicle upon any street or within the public right-of-way for the unlawful purposes as per subsections (a)(1), (2), (3), (4) and (5). 200.00 (b) No person shall park a commercial vehicle, bus, trailer or semi -trailer upon any street or within the public right-of-way in any zoned residential district. 100.00 (c) No person shall park upon any street or within the public right-of-way in any zoned residential district of the city a truck of unlawful size. 100.00 (d) Unlawful parking of construction equipment such as earth moving machines, excavators, cranes and the like within the public right-of-way in any zoned residential district. 100.00 (e) Unlawful parking of major recreational equipment such as travel trailers, pickup campers, tents, boats and boat trailers, combination thereof and other similar equipment, whether occupied by such equipment or not upon any street or within the public right-of-way. 100.00 35-25 et seq. Violation of the dangerous intersection safety article: First offense. $125.00 Second offense. $250.00 Each additional offense. $500.00 49-1.8 Miscellaneous sewer and sewage disposal violations. 500.00 49-2 Unlawful discharge of petroleum products into storm or sanitary sewers. 200.00 49-3 Unlawful discharge of human excreta. 500.00 49-4 Unlawful discharge of wastewater, stormwater, or 200.00 City of Miami Page 7 of 30 Printed On: 11/5/2009 groundwater from construction site, or excavation into a sanitary system., city storm sewer, or public right-of-way without a permit. 49-5 Discharge or dumping of septic tank contents into city storm or sanitary sewers. 500.00 54-3 Failure to obtain permit to obstruct street, or sidewalk or impede traffic or failure to pay usage fee. Daily usage fee will be required to be paid in addition to payment of the applicable penalty 250.00 54-3 Failure to comply with conditions set forth by such permit, each violation. 250.00 54-8 Unlawful use of street or sidewalk for advertising or display purposes. 250.00 54-8 Failure to obtain permit for lawful advertising or display in the public right-of-way. 250.00 54-9 Placing signs on street or sidewalk surface. 250.00 54-12 Placing glass or other injurious substances on streets. 50.00 54-14 Failure to remove utility facilities to permit improvement of streets. 50.00 54-41 Failure to notify public works 24 hours prior to commencing construction. 50.00 54-42 Disturbing, cutting, digging or excavating any portion of the public right-of-way without a permit. 200.00 54-44 Failure to construct sidewalk with standard material. 50.00 54-47 Failure to obtain approval of location and construction of driveway. 50.00 54-48 Refusing to allow inspection. 100.00 54-48 Failure to comply with stop work order. 200.00 54-51 Failure to obtain proper street grade and lines. 50.00 54-52 Failure to lay sewers, water and gas mains, telephone and electrical conduits prior to street improvements. 200.00 54-54 Allowing sidewalks to remain in dangerous condition. 50.00 54-56 Failure to construct, reconstruct, or repair the street improvements. 250.00 54-57 Obstructing streets or sidewalks with trash lumber or other obstructions. 50.00 City of Miami Page 8 of 30 Printed On: 11/5/2009 54-86 Failure to obtain proper permits or authorization for placement of a bench or a shelter upon public right-of-way. 50.00 54-91 Failure to maintain proper clearances for placement of a bus bench or shelter. 50.00 54-92 Failure to properly maintain a bench and/or shelter. 50.00 54-93 Failure to comply with bench and/or shelter size requirements. 50.00 54-94 Failure to properly display name/address, and local telephone number of bench and/or shelter company. 50.00 54-132 Failure to properly affix numbering to building as required. 100.00 54-134 Unlawful placement of any sign designating street, avenue or other public place by a different name than by which it is generally and legally known. 50.00 54-135 Defacing or removal of any street signs posted in the city. 50.00 54-193 Unlawful construction or installation of an encroachment within the dedicated right-of-way or within the undedicated right-of-way. 200.00 54-221 Operating a sidewalk cafe without a permit. 500.00 54-263 Placing, maintaining, or operating newsrack on any public right-of-way without a permit. 50.00 54-266 Installation, use and/or maintenance of nonconforming newsracks. 50.00 54-268 Allowing a newsrack to remain in a state of abandonment. 50.00 54-300 Failure to obtain telecommunications permit agreement. 500.00 54-309 Failure to notify public works department in writing ten days prior to commencement of construction of a telecommunications system. 50.00 62-604 Erection of a mural without a permit. 1,000.00 SOUTH FLORIDA FIRE PREVENTION CODE NATIONAL FIRE PROTECTION ASSOCIATION NFPA ,2006 EDITION, AS AMENDED Section Description of Violation Civil Penalty City of Miami Page 9 of 30 Printed On: 11/5/2009 5 207(a)NFPA Blocking/parking in emergency access/fire lane(s). $100.00 5 208NFPA Required address number missing. 100.00 5 301(a)NFPA Fire extinguisher(s) missing. 100.00 302(a)(b)NFPA Fire suppression systems need service. 100.00 5 302(c)NFPA Fire extinguisher needs service. 100.00 6NFPA Excessive combustible trash exterior of building. 100.00 6.40 Nonconforming extension cord. 100.00 a)NFPA 8. 1crz10(a)NFPA Room capacity is not posted. 100.00 8.110(b)NFPA Number of occupants exceeds approved capacity. 200.00 1 /1 62NFPA Refusal to allow inspector to make inspection. 100.00 '12.101NFPA Elevator key box missing. 100.00 '12.101NFPA "Do not use elevator" sign missing. 100.00 '12.101NFPA Electric rooms missing door signs. 100.00 '12.101NFPA LP gas meter not identified. 100.00 '12.101NFPA LP gas shutoff valve damaged/missing. 100.00 '12.101NFPA LP gas container and/or gas meter not protected. 100.00 '12.101NFPA Electric meters not identified. 100.00 �12.1OlNFPA Violations of dangerous or hazardous conditions not corrected. 100.00 '12.101NFPA Nonconforming spray finish operation. 200.00 '12.101(c)NFPA Excess combustible trash interior of building. 100.00 '12.101(f)NFPA Second means of escape obstructed. 200.00 AUTOMOTIVE AND MARINE SERVICE STATIONS AUTOMOTIVE AND MARINE SER V4CE STATION CODE NFPA ttg0A 19811 EDITION Chapter/Section Description Violation Civil Penalty of Chapter 2 NFPA Nonconforming storage of flammable and combustible liquids. $200.00 2 3.5.1 NFPA Nonconforming vent pipes. 200.00 /1 1.2 NFPA Emergency shutoff for all dispensers is not remote. 200.00 City of Miami Page 10 of 30 Printed On: 11/5/2009 '1 2.5 NFPA Dispensing units are not protected. 200.00 41 2.6 NFPA Dispenser hose exceeds approved length. 200.00 4-2.6 NFPA Nonconforming dispenser hose. 200.00 4-2.6 NFPA Automatic hose retractors not operable. 200.00 1 3.6 NFPA Emergency shutoff valve needs annual test. 100.00 8 1.1 NFPA Nonconforming hose nozzle valve. 100.00 8 1.8 NFPA Warning signs not posted. 100.00 LIFE SAFETY CODE NFPA #80 1985 EDITION Section Description-offelation-- Civil Penalty 2 8.8.1NFPA Required self-closers/latching devices missing. $100.00 LIFE SAFETY CODE NFPA #101 1985 EDITION Section Description g Gii4l Penalty -elation e 5 2.1.1.1NFPA Stairway/exit doors do not swing in the way of exit travel. $100.00 5 2.1.5.3NFPA Nonconforming locking device on exit doors. 100.00 5 2.1.8NFPA Stairway/exit doors are secured in the open position. 100.00 5 2.2.3.1NFPA Nonconforming storage room under interior stairs. 100.00 5 2.2.5.2NFPA Exit doors locked from stairway side. 100.00 5 10.3.1NFPA Exit signs are not properly illuminated. 100.00 7 5.2NFPA Laundry chute is not properly self -closing and latching. 100.00 7 5.2NFPA Laundry chute room door is not properly self -closing and latching. 100.00 7 5.2NFPA Rubbish chute is not properly self -closing and latching. 100.00 7 5.2NFPA Waste chute room door is not properly self -closing and latching. 100.00 9 2.4.1NFPA Inadequate number of exits (class A). 100.00 9 2.4.2NFPA Inadequate number of exits (class B). 100.00 9 2.4.3 NFPA Inadequate number of exits (class C). 100.00 9 2.5.1NFPA Required exits are not remote from each other. 100.00 9 2.5.5.9NFPA Width of required aisles is not properly maintained. 100.00 City of Miami Page 11 of 30 Printed On: 11/5/2009 9 2.6NFPA Nonconforming travel distance. 100.00 9 2.7.1NFPA Nonconforming exit discharge. 100.00 9 2.8.1NFPA Lighting inadequate for means of egress. 100.00 9-2.9NFPA Emergency lighting is not provided. 100.00 9 2.10NFPA Required exit signs are not provided. 100.00 9 2.11.1NFPA Panic hardware not provided. 100.00 9 3.1NFPA Vertical opening is not protected or enclosed. 100.00 11 1.7.1NFPA Occupant load exceeds approved capacity. 100.00 44- Exit access corridor width is nonconforming. 200.00 2.3.3.1NFPA 11 2.1.1NFPA Inadequate number of exits. 200.00 11 2.6NFPA Nonconforming travel distance. 100.00 11 2.7NFPA Exit discharge is nonconforming. 100.00 11 2.8NFPA Exit lighting inadequate. 100.00 44- Emergency rescue or ventilation window not provided. 200.00 2.11.5NFPA 1-1- Window from classroom is not provided (12 or more clients). 200.00 2.11.5NFPA 11 3.1.1NFPA Vertical openings are not enclosed or protected. 200.00 11 3.3.1NFPA Interior finish is not conforming. 200.00 11 3.1NFPA No fire alarm system. 200.00 11 3.6.1NFPA Nonconforming interior corridor. 200.00 11 3.6.1NFPA Inadequate fire rating of exit corridor (12 or more clients). 200.00 11 7.1.2NFPA Nonconforming separation between day care and other occupancy. 200.00 44- Inadequate number of exits. 200.00 7.2.1.1NFPA 44- Nonconforming travel distance. 200.00 7.2.6.2NFPA 11 7.2.9NFPA Emergency lighting is not provided (12 or more clients). 100.00 44- Exit signs are not provided (12 or more clients). 100.00 ''NFPA City of Miami Page 12 of 30 Printed On: 11/5/2009 44- Nonconforming latch on closet door. 100.00 7.2.11.1NFPA 44- Nonconforming lock on bathroom door. 100.00 7.2.11.2NFPA 11 7.3.1NFPA Vertical openings are not protected. 200.00 11 7.3.2NFPA Hazardous areas are not properly protected (12 or more clients). 100.00 44- Interior finish is not conforming. 200.00 7.3.3.1NFPA 44- Fire alarm system missing/nonconforming. 200.00 7.3.4.1NFPA 44- Protective covers for electrical receptacles are not provided. 100.00 7.5.1.2NFPA 44- Smoke detectors are not provided (7--12 clients). 100.00 5.3.1.INFPA 44- No smoke detection system in corridors (7--12 clients). 100.00 54-2NFPA 17 2.4.1NFPA Inadequate number of exits. 200.00 17 2.7.1NFPA Nonconforming exit discharge. 200.00 17 2.7.2NFPA Exit discharges through interior of building. 200.00 17 3.1.1NFPA Vertical opening is not enclosed or protected. 200.00 17 3.2.2NFPA Hazardous areas are not properly protected. 100.00 17 3.1.4NFPA Single station smoke detectors required in guestrooms. 100.00 17 3.6.2NFPA Nonconforming door between guestroom and interior corridor. 200.00 17 3.6.3NFPA Doors between guestrooms and corridors are not self- closing. 100.00 19 2.4.1NFPA Inadequate number of exits. 200.00 19 2.7.1NFPA Nonconforming exit discharge. 200.00 19 2.7.2NFPA Nonconforming exit (buildings three stories or less). 200.00 19 2.7.2NFPA Nonconforming exit (buildings four stories or less). 200.00 19 2.9.1NFPA Emergency lighting is not provided. 100.00 Exit signs are not provided. 100.00 2.10.1NFPA City of Miami Page 13 of 30 Printed On: 11/5/2009 19 3.1.1NFPA Vertical opening not protected (buildings four stories or more). 200.00 19 3.1.1NFPA Vertical opening not protected (buildings three stories or less). 200.00 19 3.2.1NFPA Hazardous area not protected or separated. 200.00 19 3.4.1NFPA Fire alarm system required. 200.00 3.4.4.1NFPA Single station smoke detectors required in all living units. 200.00 19 3.6.1NFPA Exit access corridor not protected. 200.00 19 3.6.2NFPA Doors between living units and corridors not self -closing and latching. 200.00 19 3.6.3NFPA Doors between living units and corridors not fire rated. 200.00 19 3.7.1NFPA Smoke barrier in exit access corridor not provided. 200.00 4 6NFPA Violation orders not corrected. 100.00 20 2.1.2NFPA No second means of escape or alternate protection. 200.00 20 3.1.1NFPA Vertical opening not enclosed or protected. 200.00 20 3.3.2NFPA No fire alarm system. 200.00 20 3.3.1NFPA No single or multiple station smoke detectors. 200.00 20 3.1NFPA Transfer grills, transoms, louvers in exit corridors. 100.00 20 3.1NFPA Guestroom doors to corridors not self -closing and latching. 100.00 25 2.1.1NFPA Inadequate number of exits for class A and class B stores. 200.00 25 2.4.2NFPA Inadequate number of exits from class C stores. 200.00 25 2.5.5NFPA Required aisle width inadequate. 100.00 25 2.5.6NFPA Inadequate aisle width for class A store. 100.00 5NFPA No automatic sprinkler system. 500.00 25-2.6NFPA Nonconforming travel distance. 200.00 25-27TNFPA Nonconforming exit discharge. 200.00 25 2.gNFPA Exit illumination is inadequate. 100.00 25 2.9NFPA Emergency lighting is not provided for class A and class B stores. 100.00 2-5-2,40NFPA Exit signs are not provided. 100.00 City of Miami Page 14 of 30 Printed On: 11/5/2009 25 3.1NFPA Vertical openings are not protected or enclosed. 200.00 25 3.2.1NFPA Hazardous area is not protected or separated. 100.00 27 2.1NFPA Inadequate number of exits. 200.00 27 2.5.2NFPA Common path of travel or dead-end corridor exceeds 50 feet. 100.00 22--2-6NFPA Nonconforming travel distances. 200.00 27 2.7.1NFPA Nonconforming exit discharge. 200.00 27 2.7.2NFPA Exit discharges through interior of building. 200.00 27 2.8NFPA Exit lighting is inadequate. 100.00 27 2.9.1NFPA Emergency lighting is not provided. 100.00 27 2.14NFPA Exit sign is not provided. 100.00 27 3.1.1NFPA Vertical opening is not protected or enclosed. 200.00 27 3.2.1NFPA Hazardous area is not protected or separated. 100.00 27 3.1.1NFPA Fire alarm system required. 200.00 27 4.-2 NFPA No approved sprinkler system for building over 75 feet. 500.00 28 2.1.1NFPA Inadequate number of exits. 200.00 28 2.6.1NFPA Nonconforming travel distance. 200.00 2 NFPA Nonconforming exit discharge. 200.00 -2 28 2.7.2NFPA Exit discharges through interior of building. 200.00 28 2.9.1NFPA Emergency lighting is not provided. 100.00 28 Exit signs are not provided. 100.00 2.10.1NFPA 28 3.1.1NFPA Vertical openings are not protected or enclosed. 200.00 29 2.4.1NFPA Inadequate number of exits. 200.00 29 2.6.1NFPA Nonconforming travel distance. 200.00 29 2.7NFPA Nonconforming exit discharge. 200.00 29 2.7.2NFPA Exit discharges through interior of building. 200.00 29 2.8.1NFPA Exit lighting is inadequate. 100.00 29 2.9.1NFPA Emergency lighting is not provided. 100.00 29 2.14NFPA Exit signs are not provided. 100.00 29 3.1.1NFPA Vertical opening is not enclosed or protected. 200.00 Page 15 of 30 City of Miami Printed On: 11/5/2009 31 1.2.1NFPA Means of egress is obstructed. 100.00 31 1.3.1NFPA Single/multiple station smoke detector needs servicing/replacing. 100.00 31 1.3.1NFPA Emergency lighting is not operable. 100.00 31 1.3.1NFPA Required self-closers/latching devices inoperative. 100.00 31 1.3.1NFPA Fire escape stairs need maintenance. 100.00 346NFPA Excessive storage of flammable liquids. 100.00 34-1,6NFPA Improper storage of flammable liquids. 100.00 31 3.1.2NFPA Fire drills not conducted. 100.00 31 3.1.1NFPA Wastebaskets/waste containers are nonconforming. 100.00 31 6.4.1NFPA Emergency exit diagram missing. 100.00 LIFE SAFETY CODE NFPA #13 1989 EDITION Section Description of Violation Civil Penalty 11 2.5.1 NFPA Inadequate clearance below sprinkler heads. $100.00 LIFE SAFETY CODE NFPA #33 1989 EDITION Chapter/Section Description-ef Violation} Penalty Chapter SNFPA Dangerous accumulation of combustible residue inside spray booth. $200.00 8-6NFPA Metal waste cans required. 100.00 8 11NFPA "No smoking" signs missing. 100.00 LIFE SrzFETY Cvnvt�-NF A-#14 199n EDITION Section Description of Violation Civil Penalty 4-1-NFPA Department of fire -rescue connections obstructed/need caps. $100.00 LIFE SAFETY CODE NFPA #30 1990 EDITION Chapter/Section Description Violation Civil Penalty - of Chapter 2NFPA Nonconforming storage of flammable and combustible liquids. $200.00 City of Miami LIFE SAFETY CODE NFPA #96 1991 EDITION Page 16 of 30 Printed On: 11/5/2009 Section Description Violation Civil Penalty of 8 2.1NFPA Extinguishing system for kitchen hood not serviced. $100.00 ZONING ORDINANCE 11000, OR CORRESPONDING VIOLATION AND PENALTY WITHIN THE MIAMI 21 ZONING ORDINANCE, AS ADOPTED ON OCTOBER 22, 2009 Article Section Description of Violation Civil Penalty 9— 917.12 Parking/storage inoperable $ 50.00 of vehicles. 9— 920.3 Illegal in 100.00 parking of commercial vehicles residential zone. 21 2102 500.00 roofing, etc. 4— /101 llegal 200.00 meehanieal-r-epairss-prohibited.— 4— 401 Outside 200.00 sales not permitted. 9— 917.3 Parking 50.00 on unimproved surfaces. 9— 917.12 Outside sera 200.00 debris. equipment and/or 9— 908.11 Provide 500.00 vision clearance. 21— 2103.1 No 500.00 certificate of use. 9— 925.2 No 500.00 sign permit. 9— 920.2.2 Boat in front 100.00 yard and/or major recreational vehicle. 4— /101 Illegal 500.00 units. 9— 917.3 Removal landscape failure to 200.00 of required or landscaping. maintain required 906.5, Use home fcate 500.00 2103.3 of as office without certi of use. 9— /101 Use home business 500.00 of as a prohibited. 4— 401 than three 500.00 500.00 unrelated adults -in one dwelling unit. 9— 920.2.3 Recreational living 200.00 vehicle used as quarters. City of Miami Page 17 of 30 Printed On: 11/5/2009 9— 920.4 Parking/storage 100.00 of construction equipment in prohibited residential zone. 9— 908.8 Hedge/fence higher than feet in 200.00 eight thanwith red residentialzone—other triangle. visibility 9— 908.5, 908.6 Carport, 500.00 awning and/or canopy without permit. 4— 4101 Encroaching in space. 500.00 required yards/open 4— �101 Tree 500.00 removal without permit (environmental). 4— 101 Tree 500.00 removal without permit (nonenvironmental). 4— 401 Keeping Unsecured 500.00 vacant structure which is "public considered a nuisance." 6— 612 Failure to foot high C.B.S. 500.00 provide six wall. 4- �101 Schedule district Illegal 500.00 of regulations roominghouse. 4— 906.10 Illegal 50.00 garage sale. 4— �101 Occupying live (houseboat 500.00 a aboard vessel or housebarge). 4— 908.8 Barbed to 200.00 wire adjacent residential. 9— 925.3.12 Temporary 100.00 political c 937.1 Adult than 600 feet to 500.00 937.3 entertainment closer residential zoned property. 4— �101 Adult in C 1 500.00 entertainment not permitted zoned property. 9— 920.1 Mobile homes 500.00 parking prohibited. 4— 4101 Illegal 200.00 mixed use. 9— Parking truck(s) 200.00 used as storage space. 9— 917.12 No to be 200.00 required off street parking used as storage of materials or supplies. 4— /101 T' .B. 4thours=eate-ef- 500.00 . — 4— 401 Illegal 200.00 shed. City of Miami Page 18 of 30 Printed On: 11/5/2009 4— /101 Illegal 500.00 roominghouse without a certificate of use. 9-- 917.13 200.00 spaces. 9— 917.1 Failure to 500.00 provide required off street parking. 9— 920.1.2 Illegal trailer. 500.00 office 9— 917.3 Removal handicapped 200.00 of sign. 9— 908.8 Improperly located fence, hedge. 50.00 wall or 4— /101 Unlawfully 75.00 establishing an unusual or new approval at hearing. use without prior public 9— 917.12 Illegally depositing 50.00 maintaining or junk or trash. 9— 920.2.3 Improperly 100.00 using recreational vehicle or camping equipment. 4— /101 Maintaining in 50.00 a structure encroaching required setbacks. 9— 925.2 Erection, 100.00 construction, posting, etc., of a sign without a permit. 9— 926.5.2 Illegally 100.00 lights, , . 9— 926.6 Illegal 100.00 revolving or rotating sign. 9— 926.5 100.00 "danger." 4— /101 Illegal neon 100.00 sign. 4— 101 Failure to 100.00 provide adequate number of off street parking spaces. 9— 917.3 Failure to for 100.00 provide proper surface parking area,- 4— �101 Improper 100.00 use of parking area as commercial lot. parking 4— �101 Illegally business in 250.00 operating a a residential zone. Illegal fruit from 250.00 sale of or merchandise open lots. - stands or vacant City of Miami Page 19 of 30 Printed On: 11/5/2009 4— 101 Failure to 250.00 conduces---a—businessfr -a 4— /101 250.00 illegal storage materials above the height of fence. of a wall or 9— 905.2 to the to 250.00 uilure maintain wall required separ cinesr.-fr-em recidential-preperty. 4 — 401 Illegal sale of fruit or merchandise from open 250.00 stands or vacant lots. — 4 401 Illegal machannical repairs prohibited. 200.00 4 401 Outside sales not permitted. 200.00 4 401 Illegal units. 500.00 4 — 401 More than three unrelated adults in one 500.00 dwelling unit. — 4 401 Encroaching in required yards/open space. 500.00 4 — 401 Keeping vacant —Unsecured structure which 500.00 is considered a "public nuisance." — 4 — 401 Schedule of district regulations —Illegal 500.00 rooming house. — 4 — 401 Occupying a live -aboard vessel (houseboat or 500.00 house barge). — 4 401 Adult entertainment not permitted in C-1 500.00 zoned property. 4 401 Illegal mixed use. 200.00 4 401 Illegal C.B.R.F. without certificate of use. 500.00 4 401 Illegal shed. 200.00 4 — 401 Illegal rooming house without a certificate of 500.00 use. — 4 401 Unlawfully establishing an unusual or new 75.00 use without prior approval at public hearing. 4 — 401 Maintaining a structure encroaching in 50.00 required setbacks. — 4 401 Illegal neon sign. 100.00 4 441 Failure to provide adequate number of off- 100.00 street parking spaces. City of Miami Page 20 of 30 Printed On: 11/5/2009 4 - 401 Improper use of parking area as commercial 100.00 parking lot. - 4 - 401 Illegally operating a business in a residential 250.00 zone. - 4 401 Failure to conduct a business from a 250.00 completely enclosed building. 4 401 Illegal storage of materials or products or 250.00 illegal storage of materials above the height of a wall or fence. 9 401 Use of home as a business prohibited. 500.00 6 612 Failure to provide six-foot high C.B.S. wall. 500.00 8.1 8.1.4/8.1.10 Tree removal without permit 500.00 (environmental). 8.1 8.1/8.3/8.1.4/8.1.10 Tree removal without permit (no 500.00 environmental) 9 - 905.2 Failure to maintain the wall required to 250.00 separate business from residential property. 9 906.10 Illegal garage sale. 50.00 9 908.5, 908.6 Carport, awning and/or canopy without 500.00 permit. 9 908.8 Hedge/fence higher than eight feet in 200.00 residential zone other than with required visibility triangle. 9 908.8 Barbed wire adjacent to residential. 200.00 9 908.8 Improperly located fence, wall or hedge. 50.00 9 908.11 Provide vision clearance. 500.00 9 917.1 Failure to provide required off-street parking. 500.00 9 917.2 Parking truck(s) used as storage space. 200.00 9 917.3 Parking on unimproved surfaces. 50.00 9 917.3 Removal of required landscape or failure to 200.00 maintain required landscaping. 9 917.3 Removal of handicapped sign. 200.00 9 - 917.3 Failure to provide proper surface for parking 100.00 area. 9 917.12 Outside storage of miscellaneous materials, 200.00 City of Miami Page 21 of 30 Printed On: 11/5/2009 equipment and/or debris. 9 - 917.12 No required off-street parking to be used as 200.00 storage of materials or supplies. 9 917.12 Illegally maintaining or depositing junk or 50.00 trash. 9 917.12 Parking/storage of inoperable vehicles. 50.00 9 - 917.13 Eliminating or reducing off-street parking 200.00 spaces. 9 920.1 Mobile homes parking prohibited. 500.00 9 920.1.2 Illegal office trailer. 500.00 9 920.2.2 Boat in front yard and/or major recreational 100.00 vehicle. 9 920.2.3 Recreational vehicle used as living quarters. 200.00 9 920.2.3 Improperly using recreational vehicle or 100.00 camping equipment. 9 - 920.3 Illegal parking of commercial vehicles in 100.00 residential zone. 9 - 920.4 Parking/storage of construction equipment 100.00 prohibited in residential zone. 9 925.2 No sign permit. 500.00 9 - 925.2 Erection, construction, posting, etc., of a sign 100.00 without a permit. 9 925.3.12 Temporary political campaign signs. 100.00 9 - 926.5 Illegal use of sign which uses word "stop" or 100.00 "danger." 9 - 926.5.2 Illegally maintaining blinking or flashing 100.00 lights, streamer lights, pennants, etc. 9 926.6 Illegal revolving or rotating sign. 100.00 9 937.1 Adult entertainment closer than 600 feet to 500.00 937.3 residential zoned property. 21 2102 Working without a permit, building and/or 500.00 roofing, etc. 21 2103.1 No certificate of use. 500.00 9 - 906.5, Use of home as office without certificate of 500.00 2103.3 use. City of Miami Page 22 of 30 Printed On: 11/5/2009 SOUTH FLORIDA BUILDING CODE VIOLATIONS TABLE INSET: Section Description of Violation l Penalty . 105.1(A) Failure to maintain a building or structure in a safe condition; failure to maintain devices or safeguards in good working order. $100.00 105.2 Fail,,, t" . e debri e e„t m terials sheds_ 100.00 105.3, 305.5, 3324 Failure to secure buildings and equipment. 500.00 201.1(e), 201.3(e) Failure to comply with lawful work stop order. 500.00 301.1 Failure to display permit card. 50.00 305.2 Failure to obtain mandatory inspection. 250.00 307.5 Unlawfully connecting utility service. 500.00 515 Failure to provide required handicapped accessibility. 50.00 3302.2 (a) way with construction and/or demolition. 50.00 Allowing materials to obstruct fire hydrant, fire alarm box, man�catchbasin and restriction of water flow to gutters. 50.00 3302.3 Failure to provide temporary sidewalk which is properly guarded and not less than five feet wide. 50.00 3302.1 Illegal obstruction of an alley or portion thereof in connection with construction or demolition. 50.00 3302.5 Failure to protect sidewalks and pavements from damage incidental to construction work. 50.00 3306.1 Sidewalk shed Failure to provide sidewalk shed per S.F.B.C. Subsections (a), (b), (c) and (d). 50.00 3306.2 Failure t" rrovi e c .,otFuetio,, f nee per S F C 50.00 3318.8 Failure to prevent the falling of paint or debris over public sidewalks or other places of public use. 50.00 1601 It shall be unlawful to allow sewer or any sanitary waste to be hazard. 100.00 1611.1 301 City of Miami Unlawful discharge of rainwater or other liquid wastes or allowing same to be disposed onto or across adjoining private or public property or sidewalk. Failure of contractor to get permit. Page 23 of 30 50.00 250.00 Printed On: 11/5/2009 Failure of homeowner to get permit. 301 200.00 All other South Florida Building Code violations. 200.00 BUILDING CODE VIOLATIONS TABLE INSET: Note: Sections relating to Florida Building Code will have a "FBC" prefix and sections relating to Miami -Dade County Code will have a "MDC" prefix Section Description of Violation Civil Penalty CHPT 8 Failure to maintain a building or structure in a safe condition; $500.00 ART.I 8-11 (A) MDC failure to maintain devices or safeguards in good working S 11 order. (A) MDC CHPT 8 Failure to remove construction debris equipment, materials, or 200.00 ART.I 8-14 MDC 8 14 MDC sheds. CHPT 8 Failure to secure buildings and/or equipment. 500.00 ART.I 8-16 MDC 8 16 MDC CHPT 8 Failure to comply with lawful work stop order. 500.00 AR.T_II. 8-21 MDC 8 21 MDC CHPT 8 Failure to display permit card. 100.00 ART.I 8-10(c) MDC 105. FBC 8 1 MDC 105.5 FBC CHPT 8 Failure to obtain mandatory inspection. 500.00 ART.I 8-10 1IDC. l 09.3 FBC 81MDC 105.6 FBC 111.1 FBC Unlawfully connecting utility service. 500.00 8 1 MDC 106.3 FBC City of Miami Page 24 of 30 Printed On: 11/5/2009 CFIPT 1.1 Failure to provide required handicapped accessibility. 500.00 FBC 8 11 MDC CHPT 11 FBC 701.4 FBC It shall be unlawful to allow sewer or any sanitary waste to be 250.00 (PLUMBING discharged onto the ground creating a nuisance and/or health ) hazard 1101.2 FBC Unlawful discharge of rainwater or other liquid wastes or 500.00 (PLUMBING allowing same to be disposed onto or across adjoining private i or public property or sidewalk. 3308 FBC Allowing materials to obstruct fire hydrant, fire alarm box, 500.00 manhole, catchbasin and restriction of water flow to gutters. 3303.2 (2} Refers to allowable Use of Public Property during F construction 3302: 3306- Failure to protect sidewalks and pavements from damage 500.00 3308 FBC incidental to construction work. Refers to allowable Use of 3305 FBC Public Property during construction 3202'5` 3308' Illegal obstruction of an alley or portion thereof in connection 500.00 306 .l BC with construction or demolition. Refers to allowable Use of 33303.2 (3) Public Property during construction FBC 3306 FBC Failure to provide covered walkways. Refers to allowable 500.00 Use of Public Property during construction 3301 FBC 3308.2 FBC Failure to prevent concrete, mortar washings or any other 500.00 3303.2 material from entering a sewer. Refers to allowable Use of (4) FBC Public Property during construction 3306 FBC. Failure to provide construction fence. Refers to allowable Use 500.00 of Public Property during construction 3305 FBC 3306.2 FBC Failure to provide temporary sidewalk which is properly 500.00 3302.2 & guarded and not less than four feet wide. Refers to allowable (1) 3305 FBC Use of Public Property during construction 3308 FBC Exceeding allowable obstruction of the public Right-of-way 500.00 with construction and/or demolition. Refers to allowable Use 3303.2 FBC of Public Property during construction 105 FBC Failure of owner -builder or contractor to obtain permit. 500.00 8 1 MDC 101 FBC FBC (Current) All other Florida Building Code violations 250.00 1lONFBC Failure to obtain required Certificate of Occupancy ("CO")8 500.00 prior to use or occupancy or before a temporary CO expires. 106.1 FBC FBC Failure to obtain required Certificate of Completion ("CC") 500.00 8l0 1 MDC prior to use or occupancy or before a temporary CC expires 106.2 FBC City of Miami Page 25 of 30 Printed On: 11/5/2009 1817 FBC Failure to properly guard and protect an excavation 500.00 8 1 MDC 1817.1 FBC 1817 FBC Failure to properly underpin or protect a footing or foundation 500.00 8 1 MDC against settlement caused by an excavation 1817.1 FBC 18.1.7 FBC Unlawfully making an excavation which endangers adjoining 500.00 ZD property or buildings or is a menace to public health or safety $817 FBC CHPT 8 Failure to obtain a certificate of inspection prior to placing in 500.00 ART.I 8-11 (C) MDC operation or continuing in operation any boiler or pressure 8 11 vessel (C) MDC CHPT 8 Failure to post the required certificate of inspection for a 500.00 AR'''.' 8-11 (C)(5) MDC boiler or pressure vessel 811 (C)(5) MDC CHPT 8 Failure of the owner of a 40 year old building or older to 500.00 ART.I 8-11 (F)(IV)(1) DC furnish required written report to the Building Official $ 11 (F)(IV)(5) MDC CHPT 8 Failure of the owner of a 40 year old building or older to 500.00 ART] 8-11 (C )(5) complete required repairs or modifications 8 11 (F)(W)(5) MDC CHPT 8 Failure of property owner or permit holder to allow entry 500.00 ART.II 8- 21.1(b)(c) MDC 821MDC CHPT 10 Failure to provide journeyman 500.00 ART.I 10-2X MDC 10 2X MDC CHPT 10 No certificate of competency as a master, contractor, 500.00 ART.' 10- 3(A) MDC subcontractor, or qualifying agent City of Miami Page 26 of 30 Printed On: 11/5/2009 10 3(A) MDC CHPT 10 No certificate of competency as a journeyman, maintenance 200.00 ART.I 10- 3(A) MDC 10 3(A) MDC person, installer or other similar tradesman CHPT 10 Advertising as a contractor without certificate of competency_ 500.00 ART.1 10- 4(A) MDC 4-0 1(A) MDC CHPT 10 Failure to properly identify trucks 100.00 ART.I 10- 4(B) MDC 10 4(B) MDC CHPT 10 Failure to include certificate of competency number in 100.00 ART.I 10- 4(C) MDC 10 1(C) MDC advertisements CHPT 10 Publishing contractor advertisement without including 500.00 ART.' 10-4.1 MDC 10 1.1 MDC contractor certification number CHPT 10 Failure of qualifying agent to supervise, direct and control 500.00 ART.I 10- 6(E) MDC 10 6(E) MDC work CHPT 10 Failure to maintain required insurance 200.00 ART.I 10-19 MDC 10 19 MDC CHPT 10 Contracting for work outside the scope of the certificate of 500.00 ART.I 10- 22(A) MDC 10 22(A) MDC competency CHPT 10 Abandonment of job 500.00 ART.I 10- 22(B) MDC 10 22(B) MDC CIIPT 10 Diversion of funds or property 500.00 ART.I 10- 22(C) MDC 10 22(C) MDC CHPT 10 Departure from or disregard of plans or specifications 500.00 City of Miami Page 27 of 30 Printed On: 11/5/2009 ART.I 10- 22(D) MDC 10 22(D) MDC CHPT 1.0 Violating laws pertaining to contractor's business 200.00 ART.I 10- 22(E) MDC 10 22(E) MDC CHPT 10 Misrepresenting a material fact in an application to obtain a 500.00 ART.I 10- 22(F) MDC 10 22(F) MDC certificate CHPT I Failing to fulfill contractual obligations 500.00 ART.I 10- 22(G) MDC 10 22(G) MDC CHPT 10 Aiding and abetting a person not holding a certificate 500.00 ART.l 10- 22(H)(1) MDC 10 22(H)(1) MDC CIIPT I Allowing a certificate to be used by an unauthorized person 500.00 ART.I 10- 22(H)(2) MDC 10 22(H)(2) MDC CHPT 10 Failure of permit holder to supervise, direct and control a job 500.00 ART.I 10- 22(H)(3) MDC 10 22(H)(3) MDC CHPT I0 Subcontracting work to person not holding a certificate 500.00 ART.' 10- 22(H)(4) MDC 10 22(H)(1) MDC CHPT I0 Failure to supervise, direct and control all work 500.00 ART.I 10- 22(J) MDC City of Miami Page 28 of 30 Printed On: 11/5/2009 10 22(J) MDC CHPT 10 Working outside the scope of the certificate or acting as a 500.00 ART.I 10- 22.1(A) MDC contractor 10 22.1(A) MDC CHPT 10 Misrepresenting a material fact in an application to obtain a 500.00 ART.I 10- 22.1(C) MDC certificate 10 22.1(C) MDC CHPT 10 Aiding or abetting any person not holding a certificate of 500.00 ART.I 10- 22.1(D)(1) MDC competency 10 22.1(D)(1) MDC CHPT I Allowing a certificate to be used by an unauthorized person 500.00 ART.I 10- 22.1(D)(2) MDC 10 22.1(D)(2) MDC CHPT I0 Committing a fraudulent act 500.00 ART.I 10- 22.1(E) MDC 10 22.1(E) MDC MDC All other Miami- Dade County Chapter 10 violations 250.00 (c) Any violation of the City code or other statute, code, or ordinance that is not specified within this section or schedule, or any other section of the code or zoning ordinance, shall be assessed a civil penalty of $250.00. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} City of Miami Page 29 of 30 Printed On: 11/5/2009 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 30 of 30 Printed On: 11/5/2009