§ 15-32. Enforcement and penalties for violation of this chapter.

(a)

Violations of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted. Any person found guilty of a violation of any provisions of this chapter shall pay a fine in accordance with the minimum fine schedule indicated in paragraph (d) of this section or be subject to imprisonment in the County Jail not to exceed thirty (30) days, or both such fine and imprisonment, in the discretion of the appropriate court of competent jurisdiction. At the discretion of the Director, violations of this chapter may be prosecuted pursuant to Chapter 8CC of the Code of Miami-Dade County.

(b)

Appointment of Special Enforcement Officers, qualifications of Special Enforcement Officers, powers and duties.

(1)

The County Manager is hereby authorized to designate and appoint as Special Enforcement Officers, certain County employee(s), normally trained and assigned to inspection functions for the purpose of enforcing this chapter and the rules and regulations pertaining thereto.

(2)

Special Enforcement Officers shall have the following qualifications:

a.

Satisfactory completion of a course of at least forty (40) hours' duration pertaining to the duties of enforcement officers, which course shall be jointly given by the Directors of the Metro-Dade Police Department and other relevant departments.

b.

Approval and certification by the Director of the Metro-Dade Police Department as persons of good moral character and standing in the community suited by temperament and learning to be enforcement officers of the County.

(3)

Special Enforcement Officers shall while on duty:

a.

Cause uniform civil violation notices to be issued, issue notices of violation and perform such other acts pursuant to Section 15-5(a) for enforcement of this chapter.

b.

Perform such additional duties as may be prescribed by ordinance or by administrative orders and regulations of the County Manager.

(4)

Special Enforcement Officers shall be identified either by special uniform or badge or both. Special Enforcement Officers shall not carry firearms.

(c)

Obstructing Special Enforcement Officer in the performance of duties:

(1)

Whoever opposes, obstructs or resists the enforcement officer or other person authorized by the enforcement officer in the discharge of his duty as provided in this Section, upon conviction, shall be guilty of a misdemeanor of the second degree and shall be subject to punishment as provided by law.

(2)

Special Enforcement Officers shall notify the Metro-Dade Police Department immediately when in their judgment an arrest or forcible restraint becomes the appropriate response to a situation.

(d)

In addition to any other remedies provided in this chapter, or in Chapter 8CC of the Code of Miami-Dade County, the Director shall have the following judicial remedies available for violations of this chapter or any other lawful rule or regulation promulgated hereunder:

(1)

To institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any costs incurred by the County in conjunction with the abatement of any condition prohibited by the provisions of this chapter.

(2)

To institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense.

(3)

To institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with the terms of this chapter or any rule or regulation promulgated hereunder, to enjoin and prohibit said violation or to mandatorily compel the cessation of the violation.

(4)

These remedies are cumulative and the use of any appropriate remedy shall not constitute an election of remedies by the Department. The use of one (1) remedy shall not preclude the use of any others.

(Ord. No. 59-12, § 5.05, 6-9-59; Ord. No. 72-6, § 11, 2-1-72; Ord. No. 77-56, § 6, 7-19-77; Ord. No. 79-67, § 1, 7-17-79; Ord. No. 81-108, § 1, 9-15-81; Ord. No. 82-105, § 1, 11-2-82; Ord. No. 89-5, § 13, 1-17-89; Ord. No. 90-11, § 3, 2-20-90; Ord. No. 91-95, § 25, 9-16-91; Ord. No. 92-20, § 9, 3-17-92; Ord. No. 92-43, § 13, 5-19-92; Ord. No. 92-155, § 6, 12-15-92; Ord. No. 96-86, § 2, 6-4-96)