§ 14-43. Enforcement; procedure; remedies.

(A)

It shall be unlawful for any person to violate or to permit, allow, let or suffer any violation of: Any of the applicable provisions of this Chapter, the Florida Fire Prevention Code, or any fire safety standard of a municipality which is more stringent in accordance with Sections 633.206 or 633.208, Florida Statutes, as all of same may be amended from time to time; any condition, limitation or restriction which is part of a permit issued pursuant to this Chapter or the Florida Fire Prevention Code, as all of same may be amended from time to time; lawful orders of the Chief Fire Official and consent agreements. In addition to any other judicial or administrative remedies provided by this Chapter or by the Florida Fire Prevention Code, the Chief Fire Official shall have the following remedies:

(1)

To issue a notice of violation(s) and order to correct in accordance with Section 633.214, Florida Statutes, as amended from time to time. A notice of violation(s) and order to correct shall be understood to be a warning notice in accordance with Section 633.214, Florida Statutes.

(2)

To issue a civil violation notice in accordance with Section 633.214, Florida Statutes, and Miami-Dade County Code, Chapter 8CC, as amended from time to time. A civil violation notice shall be understood to be a citation in accordance with Section 14-48 of the Code of Miami-Dade County and Section 633.214, Florida Statutes.

(3)

To institute a civil action in a court of competent jurisdiction to seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance with or prohibit the violation of: Any of the applicable provisions of this Chapter or of the Florida Fire Prevention Code, as all of same may be amended from time to time; any lawful order of the Chief Fire Official; any fire safety standard of a municipality which is more stringent in accordance with Sections 633.206 or 633.208, Florida Statutes, as amended from time to time; any condition, limitation, or restriction which is part of a permit issued pursuant to this Chapter or the Florida Fire Prevention Code, as all of same may be amended from time to time; or any consent agreement.

(4)

To institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty in an amount of not more than twenty-five thousand dollars ($25,000.00) for each violation of: Any of the applicable provisions of this Chapter or of the Florida Fire Prevention Code, as all of same may be amended from time to time; any lawful order of the Chief Fire Official; any fire safety standard of a municipality which is more stringent in accordance with Sections 633.206 or 633.208, Florida Statutes, as amended from time to time; any condition, limitation, or restriction which is part of a permit issued pursuant to this article or the Florida Fire Prevention Code, as all of same may be amended from time to time; or any consent agreement.

(5)

To institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief to recover any sums expended and costs incurred for:

(i)

Tracing, investigating, preventing, controlling, abating, or remedying violations of: This Chapter, the Florida Fire Prevention Code and fire safety standard adopted by a municipality which are more stringent in accordance with Sections 633.206 or 633.208, Florida Statutes, as all of same may be amended from time to time; or any lawful order of the Chief Fire Official; or any condition, limitation, or restriction which is a part of a permit issued pursuant to this article or the Florida Fire Prevention Code, as all of same may be amended from time to time; or any consent agreement.

(ii)

Restoration of the air, waters, property, animal life, aquatic life and plant life within the County or municipality to their former condition.

(B)

Each day during any portion of which such violation occurs or continues to occur constitutes a separate violation. The right of trial by jury shall be available in any court to determine both liability for and the amount of the civil penalties to be imposed and recovered hereunder.

(Ord. No. 87-89, § 3, 12-15-87; Ord. No. 16-89, § 3, 9-7-16)

Note— Formerly Section 14-56 of this Code.