§ 24-35. Separate County enforcement fund.  


Latest version.
  • The following sums recoverable by the County shall be deposited in a separate County fund:

    (1)

    The compensatory and punitive damages recoverable by the County pursuant to Section 24-29(1) of the Code of Miami-Dade County.

    (2)

    The civil penalties recoverable by the County pursuant to Section 24-31(2) of the Code of Miami-Dade County.

    (3)

    The compensatory damages, punitive damages, costs, expenses and civil penalties recoverable by the County pursuant to Section 24-31(1) of the Code of Miami-Dade County.

    (4)

    The sums recoverable by the County pursuant to Section 24-31(2) of the Code of Miami-Dade County.

    (5)

    The sums recoverable by the County as reimbursement pursuant to Section 24-20(2) of the Code of Miami-Dade County.

    (6)

    Notwithstanding subsections (1) through (5) hereinabove, any sums recoverable by the County pursuant to any of the foregoing provisions of Chapter 24 of the Code of Miami-Dade County which qualify for deposit in the Biscayne Bay Environmental Enhancement Trust Fund shall be deposited in said Biscayne Bay Environmental Enhancement Trust Fund.

    (7)

    Notwithstanding subsections Sections 24-35(1) through (6) hereinabove, any sums recoverable by the County pursuant to any of the foregoing provisions of Chapter 24 of the Code of Miami-Dade County which qualify for deposit in the Tree Trust Fund shall be deposited in said Tree Trust Fund.

    This fund may only be used to pay for the following:

    (a)

    Tracing, controlling and abating of air pollution, water pollution, nuisances and sanitary nuisances in the County.

    (b)

    Enforcement of this chapter.

    (c)

    Restoration of the air, waters, property, animal life, aquatic life, and plant life of the County to their former condition.

    (8)

    All interest generated from the sources identified in Section 24-35(1) through 24-35(7) hereinabove, except where monies received have been otherwise designated or restricted.

    (9)

    Reimbursement of sums given to the County by the State of Florida or the United States of America, or both, as reimbursement for expenditures by the County to trace, control and abate air pollution, water pollution, nuisances and sanitary nuisances in the County and to restore the air, waters, property, animal life, aquatic life and plant life of the County to their former condition. Said reimbursement to the State of Florida or the United States of America, or both, from this fund shall not in any case exceed the amount of monies actually recovered and collected by the County from the persons liable for the particular air pollution, water pollution, nuisances and sanitary nuisances and furthermore shall not include any monies recovered by the County from said persons liable as compensatory damages, punitive damages or civil penalties. Said reimbursement of sums by the County to the State of Florida or the United States of America, or both, shall be upon such terms and conditions deemed appropriate and approved by the Board of County Commissioners.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 12-58, § 3, 7-3-12)