§ 1-5. General penalty; compliance; civil liability; criminal liability; penalties.

(a)

Unless otherwise specifically provided herein, any person violating any of the provisions of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the court having jurisdiction over the cause. Any person who violates or fails to comply with this Code shall also be subject to fines in accordance with Chapter 8CC of the Code of Miami-Dade County. Each day of violation or noncompliance shall constitute a separate offense.

(b)

Compliance with this Code is the responsibility of tenants, property owners and other responsible parties as herein established.

(c)

Any person who violates a provision of this Code or any lawful rule, regulation or written order promulgated under this Code is subject to injunction or other equitable relief to enforce compliance with or prohibit the violation of the Code. Further, such person is liable for any damage to Miami-Dade County caused by such violation, and for the reasonable costs and expenses incurred by Miami-Dade County in enforcing the provisions of this Code, including but not limited to the costs of enforcement inspections, preparation of enforcement reports, photographs, title searches, postage and other demonstrable administrative costs for enforcement and collection. All such sums shall become immediately due and payable upon expenditure by the County and shall become delinquent if not paid within thirty (30) days after receipt by the violator of a department's bill itemizing the enforcement costs incurred in enforcing the provisions of this Code (the "due date"). All such delinquent sums shall bear interest at the rate of twelve (12) percent per annum.

(d)

Unless otherwise specifically provided herein, any person who violates a provision of this Code or any lawful rule, regulation or written order promulgated under this Code is subject to the judicial imposition of a civil penalty for each offense of an amount not to exceed ten thousand dollars ($10,000.00) per offense. In assessing the penalty, the court may receive evidence in mitigation. Each day during any portion of which a violation occurs constitutes a separate offense.

(e)

Upon the rendition of a judgment or decree by any of the courts of this State against any person and in favor of a department or the County in any action to enforce compliance with or prohibit the violation of the provisions of this Code, the court shall adjudge or decree against that person and in favor of the department or the County a reasonable sum as fees or compensation for the attorney acting on behalf of the department or the County in the suit in which recovery is had. Such fees or compensation shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions filed after the effective date of this ordinance. Cessation of the violation of any of the provisions of the Code prior to rendition of a judgment or prior to execution of a negotiated settlement, but after an action has been filed by the department or the County to enforce the provision of this Code, shall be deemed for the purposes of this section the functional equivalent of a confession of judgment or verdict in favor of the department or the County, for which attorney's fees shall be awarded as set forth in this section.

(f)

Nothing in this section shall be construed to permit or require the County to bring an action on behalf of any private person.

(g)

All the judicial and administrative remedies in this section are independent and cumulative.

(Ord. No. 79-26, § 1, 4-3-79; Ord. No. 99-54, § 1, 5-25-99)

Cross reference

Additional game time allowances for county prisoners, § 21-101 et seq.