§ 24-29. Enforcement; procedure, remedies.

It shall be unlawful for any person to violate any of the provisions of this chapter, any lawful rules and regulations promulgated under this chapter, any lawful order of the Director or the Director's designee, or any condition, limitation or restriction which is part of an operating permit. It shall be the duty of all County and municipal officials and employees to enforce the provisions of this chapter. No building permit shall be issued for the installation of any improvements or facilities governed by the provisions of this chapter without the prior approval of the Director or the Director's designee. In addition to any other remedies provided by this chapter, the Director shall have the following judicial remedies available to the Director for violations of this chapter, any lawful rule or regulation promulgated under this chapter, any lawful order of the Director or the Director's designee, or any condition, limitation or restriction which is part of an operating permit:

(1)

The Director may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury to the air, waters, or property, including animal, plant, and aquatic life, within the geographical limits of Miami-Dade County caused by such violation.

(2)

The Director 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 twenty-five thousand dollars ($25,000.00) per offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense.

(3)

The Director may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with or prohibit the violation of this chapter, any lawful rules or regulations promulgated under this chapter, any lawful order of the Director or the Director's designee, or any condition, limitation or restriction which is part of an operating permit; and to seek injunctive relief to prevent injury to the air, waters, and property, including animal, plant, and aquatic life within the geographical limits of Miami-Dade County, and to protect human health, safety, and welfare caused or threatened by any violation.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08)