§ 18A-13. Enforcement.

(A)

Except during Emergency Phase II and Phase III water restriction periods imposed by the South Florida Water Management District (the "District") as set forth below, the Miami-Dade County Department of Planning and Zoning shall withhold approval of a final building inspection prior to the issuance of a Final Certificate of Use and Occupancy or Certificate of Completion until a Preparer's Certification of Landscape Compliance has been submitted and approved.

During Emergency Phase II and Phase III water restriction periods imposed by the District, and subject to written consent by contract purchasers of individual houses or units, the Department is hereby authorized to issue Certificates of Completion and Certificates of Use and Occupancy for residential uses only, without the installation of the plant and tree components of the required landscaping, including right-of-way and street trees, and without the required watering of such landscaping, as needed. However, the landscaping requirements for grass and irrigation must be complied with as set forth in this Chapter. The Landscape Architect on the project shall provide to the Department a good faith written estimate of the installed cost of the required landscaping not being provided on the property because of the restrictions. In order to assure the Department that the required landscaping shall be planted within ninety (90) days after the Emergency Phase II or Phase III Water Restrictions are ended by the District, a Performance and Payment Bond in an amount equal to one hundred and ten (110) percent of the estimated cost of such landscaping shall be provided by the Contractor or owner-builder to the Department prior to the issuance of any Certificate of Completion or Certificate of Use and Occupancy. For the purposes of this subsection, the term contractor is defined as any person, firm, joint venture or corporation indicated on the official permit records of the Building Department as the primary contractor and/or primary landscaping contractor for the project. An owner/builder is additionally considered to be a contractor. Additionally, the contract purchaser for any individual house or unit must covenant in writing that after the Emergency Phase II and Phase III Water Restrictions are ended by the District, that such contract purchaser (who may then be an owner) will not interfere with or refuse to allow the installation of the required landscaping.

(B)

The Department of Planning and Zoning shall have the right to inspect the lands affected by this Code. Team Metro is authorized to issue cease and desist orders and citations to the current owner and the Contractor, if applicable, for violations.

(C)

Failure to install or maintain landscaping according to the terms of this chapter shall constitute a violation of this Code. Also, failure to plant, preserve, or maintain each individual tree shall be considered to be a separate violation of this Code. Each day in which either landscaping or individual trees are not installed or maintained according to the terms of this chapter shall constitute a continuing and separate violation of this Code. Further, failure by the current owner or the Contractor to provide the required landscaping and watering of such landscaping within ninety (90) days after the South Florida Water Management District ends the emergency Phase II and Phase III water restrictions shall constitute a violation of this Code.

(D)

In the municipalities, enforcement shall be performed by the Department within the municipality as may be deemed appropriate by the municipality, and in the event the provisions hereof are not enforced within the municipality, the County shall enforce same.

(Ord. No. 95-222, § 2, 12-5-95; Ord. No. 98-13, § 1, 1-13-98; Ord. No. 98-125, § 36, 9-3-98; Ord. No. 02-36, § 1, 2-26-02)