The Chief Fire Official may, in the official's discretion, terminate an investigation
or an action commenced under the provisions of this Chapter or the Florida Fire Prevention
Code upon execution of a written consent agreement between the Chief Fire Official
and the persons who are the subject of the investigation or action. The consent agreement
shall provide written assurance of voluntary compliance by said persons with the applicable
provisions of this Chapter, the Florida Fire Prevention Code, and in the case of a
municipality, fire safety standards adopted by the municipality which are more stringent
than the applicable provisions in this Chapter, the Florida Fire Prevention Code,
or rules and regulations of the State Fire Marshal, as all of same may be amended
from time to time. The consent agreement may, in the discretion of the Chief Fire
Official provide the following: Posting of a surety, bond, or other security to assure
compliance; costs and expenses of the Fire Department having jurisdiction for investigation,
enforcement, testing, monitoring, and litigation, including attorneys' fees; civil
penalties; remedial or corrective action. An executed written consent agreement shall
not be evidence of a prior violation of this Chapter, the Florida Fire Prevention
Code, or, in the case of a municipality, of any municipal ordinance. Such consent
agreement shall not be deemed to impose any limitation upon any investigation or action
of the Chief Fire Official in the enforcement of this Chapter, the Florida Fire Prevention
Code or, in the case of a municipality, any municipal ordinance. The consent agreement
shall not constitute a waiver of or limitation upon the enforcement of any federal,
State or local laws and ordinances. Executed written consent agreements are hereby
deemed to be lawful orders of the Chief Fire Official. Each violation of any of the
terms and conditions of an executed written consent agreement shall constitute a separate
offense under this Chapter, the Florida Fire Prevention Code, and, in the case of
a municipality, an applicable municipal ordinance, by the persons who executed the
consent agreement, their respective officers, directors, agents, servants, employees,
and attorneys; and by those persons in active concert or participation with any of
the foregoing persons and who receive actual notice of the consent agreement. Each
day during any portion of which each such violation occurs constitutes a separate
offense under this Chapter, the Florida Fire Prevention Code, and in the case of a
municipality, any applicable municipal ordinance. Decisions and actions of the Chief
Fire Official pursuant to this section or the written consent agreements provided
herein, shall not be subject to review by the Miami-Dade County Fire Prevention and
Safety Appeals Board or by any other County or municipal Board, officer, agent or
employee.
(Ord. No. 87-89, § 3, 12-15-87; Ord. No. 16-89, § 3, 9-7-16)
Note—
Formerly Section 14-54 of the Code.
