§ 16A-16. Penalties and Enforcement.

(1)

Failure by an owner of record or any individual or private or public entity to comply with any provisions of this Chapter shall constitute a violation hereof and shall be punishable by civil or criminal penalties including a fine of not more than $500.00 per day for each day the violation continues and including a requirement that any work performed contrary to this Chapter must be removed and the property returned to its condition prior to commencement of said action. Each day that a corrective action is not taken shall constitute a separate violation.

(2)

Notice and Administrative Enforcement. When a Miami-Dade County Code Enforcement Officer, the Historic Preservation Chief, or equivalent official learns of a violation of this Chapter, he or she may institute enforcement proceedings in accordance with Chapter 8CC of this Code. The Historic Preservation Chief has authority to settle any civil violation notices issued to enforce this Chapter. In making such a decision, the Historic Preservation Chief shall consider the likelihood of prevailing and whether compliance was obtained.

(3)

Action for Injunction and Remedial Relief; Lien on Property. If the Property Owner fails to take corrective action within the time prescribed pursuant to Chapter 8CC of this Code, the County may file an action seeking: an injunction ordering the property owner to take corrective action; an order authorizing the County to enter onto the property to make the corrective actions; and civil penalties. Such civil action may be initiated in the name of the County at the discretion of the Historic Preservation Chief upon an affirmative vote of a majority of the Historic Preservation Board. Nothing herein shall prevent the Board of County Commissioners from initiating or assuming direction of the lawsuit, at its discretion. In the event that the Court authorizes the County to enter onto the property to take the required corrective action, the Historic Preservation Chief may also seek an order providing that the cost of the corrective action shall constitute a lien against the property, accruing interest at the statutory rate for judgments until satisfied.

(4)

Consent Agreements. The Historic Preservation Chief, may, in the Chiefs discretion, terminate an investigation or an action commenced under the provisions of this Chapter upon execution of a written consent agreement between the Historic Preservation Chief, and the persons who are the subjects of the investigation or action. The consent agreement shall provide written assurance of voluntary compliance with all the applicable provisions of this Chapter by said persons. The consent agreement may in addition provide for the following: Mitigation of injuries accruing on account of the violation investigated or sued upon; compensatory damages; punitive damages; civil penalties; costs and expenses of enforcement; attorneys' fees; and remedial or corrective action. Except as expressly and specifically provided in the executed written consent agreement, an executed written consent agreement shall neither be evidence of a prior violation of this chapter nor shall such agreement be deemed to impose any limitation or action by the Historic Preservation Chief or the County in enforcing any of the provisions of this Chapter, nor shall the agreement constitute a waiver of or limitation upon the enforcement of any federal, State, or local law or ordinance. Each violation of any of the terms of an executed written consent agreement shall constitute a separate violation under this chapter by the persons who executed the agreement and by their respective officers, directors, agents, servants, employees, attorneys, heirs, successors, and assigns, and by any persons in active concert or participation with any of the foregoing persons and who have received actual notice of the consent agreement. Each day during any portion of which each such violation occurs constitutes a separate offense under this chapter.

(Ord. No. 81-13, § 15, 2-17-81; Ord. No. 82-99, § 1, 10-19-82; Ord. No. 88-28, § 3, 4-19-88; Ord. No. 16-125, § 2, 11-1-16)

Editor's note

Ord. No. 16-125, § 2, adopted Nov. 1, 2016, changed the title of § 16A-16 from Penalties to Penalties and Enforcement.