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 Miami - Dade County
 Code of Ordinances
 Chapter 11D. DISEASED TREE REMOVAL ORDINANCE

  § 11D-6. Trees may be removed by County; lien for expenses.  

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  • (a)

    If the trees identified in the notice provided under Section 11D-5 have not been removed within twenty (20) days after service of the notice, the Mayor or the Mayor's designee is hereby authorized to seek injunctive or other appropriate judicial relief against the record owner of the property and any other relevant party to enforce compliance with the requirements of this chapter.

    (b)

    As set forth in Section 1-5 of this code, the property owner and any other relevant parties shall be subject to the judicial imposition of a civil penalty in an amount not to exceed ten thousand dollars ($10,000.00) per tree, and shall be liable for damages, costs, and expenses, including but not limited to attorney's fees.

    (c)

    After removal of the trees the County Mayor or Mayor's designee shall certify to the Director of Finance the expense incurred, as well as any damages, costs, including attorney's fees, and any penalties assessed, and shall include a copy of the notice above-described and a copy of the decision, if a hearing was held, whereupon such expense shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the rate of twelve (12) percent per annum from the date of such certification until paid.

    (d)

    Such lien shall be enforceable in favor of Miami-Dade County and may be satisfied at any time by payment thereof including accrued interest. Upon such payment the Clerk of the Circuit Court shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof and notify the Tax Collector of such satisfaction. Notice of such lien shall be filed in the Office of the Clerk of the Circuit Court and recorded among the public records of Miami-Dade County, Florida.

    (e)

    Civil penalties imposed by judicial proceedings for violations of the diseased tree removal regulations in this chapter may be used to assist in the removal of diseased trees on properties complying with such regulations, to aid in tree canopy replacement, or other related purposes.

(Ord. No. 16-77, § 1, 7-19-16)