§ 17A-13. Remedies for enforcement; hindering or obstructing Minimum Housing Enforcement Officer.

(a)

It shall be unlawful for any person to fail to comply with the minimum standards established by this article, or to fail or refuse to comply with the requirements of any final order issued in accordance with the provisions of this article. Each day of continued violation shall be considered as a separate offense.

(b)

If any person shall knowingly fail or refuse to obey or comply with, or wilfully violates, any of the provisions of this article, or any lawful final order issued hereunder, such person, upon conviction of such offense, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County Jail, or both, in the discretion of the court.

(c)

The provisions of this article and final orders issued in accordance with the provisions of this article may be enforced by mandatory injunction, or other appropriate civil action. The Minimum Housing Enforcement Officer may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation in an amount of not more than five thousand dollars ($5,000.00) per offense. Each day, during any portion of which, such violation occurs constitutes a separate offense.

(d)

The Minimum Housing Enforcement Officer or his assistant, may, in the Minimum Housing Enforcement Officer's or his assistant's discretion, terminate an investigation or an action commenced under the provisions of this chapter upon execution of a written consent agreement between the Minimum Housing Enforcement Officer or his assistant and the record owner of the land or an operator of the land which is the subject of the investigation or action. The consent agreement shall provide written assurance of voluntary compliance with all the applicable provisions of this chapter by the record owner or operator. The consent agreement shall provide the following: Repayment of costs of the county for investigation, enforcement, and litigation, including attorneys' fees; and remedial or corrective action. The consent agreement may, in the discretion of the Minimum Housing Enforcement Officer upon agreement of the owner or operator, provide for compensatory damages, punitive damages and civil penalties. An executed written consent agreement shall neither be evidence of a violation of this chapter nor shall such agreement be deemed to impose any limitations upon any investigation or action by the Minimum Housing Enforcement Officer or his assistant, in the enforcement of this chapter. 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 Minimum Housing Enforcement Officer or his assistant. Each violation of any of the terms and conditions of an executed written consent agreement shall constitute a separate offense under this chapter by the owner or operator who executed the consent agreement, his 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 punishable in accordance with the provisions of Section 17A-13 and Chapter 8CC of this Code. Each day during any portion of which each such violation occurs constitutes a separate offense under this chapter. Decisions and action of the Minimum Housing Enforcement Officer or his assistant, pursuant to Section 17A-13(c) of this Code and written consent agreements executed thereunder, shall not be subject to appeal to or review by the Minimum Housing Appeals Board pursuant to Section 17A-15 of the Code of Metropolitan Miami-Dade County, Florida.

(e)

If the owner or operator shall fail to comply with a final order within the time stipulated therein, the Minimum Housing Enforcement Officer may cause such vacant structure or vacant premises to be vacated if occupied, and initiate action through private contractors or his or her own employees to secure the vacant structure or vacant premises.

(f)

Any person who hinders, obstructs or resists the Minimum Housing Enforcement Officer or his assistant in the discharge of his duty as provided in this chapter, upon conviction thereof in the County Court, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for not more than sixty (60) days, or by both such fine and imprisonment.

(Ord. No. 80-65, § 1, 6-17-80; Ord. No. 88-29, § 1, 4-19-88; Ord. No. 89-52, § 1, 6-6-89; Ord. No. 95-228, § 1, 12-19-95; Ord. No. 08-134, § 11, 12-2-08)