§ 26A-2.1. Mosquito control.
(a)
Definitions. For the purposes of this section, the following terms shall have the following meanings:
(1)
Artificially induced mosquito breeding area is any site at which five (5) or more immature mosquitoes are present in water carrying artificial containers, water carrying vegetative plants or wastewater facilities at any one (1) time.
(2)
Immature mosquito means a mosquito larva or pupa.
(3)
Artificial containers means any man-made containers capable of holding water, including, but not limited to, tires, swimming pools, cans, vases, buckets, boats, bird baths, jars, canals, ditches or flower pots.
(4)
Vegetative plant means any growing plant.
(5)
Mosquito sampling dipper means a water dipper with a circular mouth, between four (4) and five (5) inches in diameter, and having a depth of not less than one and one-half (1½) inches.
(6)
Wastewater means effluent from a sewage treatment plant.
(7)
Process water means water that has been used in the production of a product.
(8)
Person means an individual, corporation, organization, partnership, municipality, or other legal entity.
(9)
Enforcement Officer means the Chief of the Miami-Dade County Mosquito Control Division, other designated representatives of the Miami-Dade County Mosquito Control Division, or Code Inspector as defined in Chapter 8CC-3.
(10)
Structure means a solid roofed and walled building constructed for permanent use.
(11)
Abate means to take measures to control mosquito breeding.
(12)
Responsible party means the owner of the property that is the site of the artificially induced mosquito breeding.
(13)
Tire means a continuous covering for the wheel of a vehicle usually made of rubber reinforced with cords of nylon, fiberglass, metal or other material and filled with compressed air.
(14)
Canal means a long, wide hollow whose primary purpose is drainage or flood control.
(15)
Ditch means a long, narrow hollow used for the purpose of drainage or irrigation.
(16)
Public health emergency means a medical alert related to mosquitos issued by the Miami-Dade County Health Department or allied state or federal government agency or a public health emergency declaration related to mosquitos issued by the Mayor of Miami-Dade County or the Governor of the State of Florida or the President of the United States of America.
(b)
Prohibition of nuisance. It shall be a violation of this section for any person to allow the existence of, create, keep, or maintain an artificially induced mosquito breeding area.
(c)
Investigation and abatement procedures. The Miami-Dade County Mosquito Control Division of the Department of Solid Waste Management is authorized and empowered to investigate and abate conditions capable of breeding mosquitoes throughout Miami-Dade County.
(1)
An Enforcement Officer of the Miami-Dade County Mosquito Control Division is hereby authorized to inspect, for mosquito breeding, any lot, tract, or parcel of land, improved or unimproved. Occupied or secured structures may be entered only by consent of the property owner, occupant, or at the direction of a court of competent jurisdiction.
(2)
An Enforcement Officer of the Miami-Dade County Mosquito Control Division, in order to abate an artificially induced mosquito breeding area, is authorized to apply pesticides, in accordance with label directions, on any lot, tract, or parcel of land, improved or unimproved.
(3)
Any person who obstructs, or resists an Enforcement Officer in the discharge of the Officer's duty as provided in this section shall be guilty of a misdemeanor of the second degree.
(d)
Enforcement procedures.
(1)
Whenever an Enforcement Officer determines that a site is an artificially induced mosquito breeding area, the Enforcement Officer is authorized to give, or cause to be given, to the responsible party notice, by personal service, posting or certified mail, to take corrective action to abate the mosquito breeding.
(2)
The responsible party shall take corrective action to abate the artificially induced mosquito breeding within five (5) days of receipt or posting of the notice listed in subsection (d)(1).
(3)
If the responsible party fails to take corrective action to abate the artificially induced mosquito breeding, said party shall be cited pursuant to Chapter 8CC of the Code.
(i)
The responsible party has seven (7) calendar days from receipt or posting of the citation to file for an appeal hearing before an 8CC Hearing Officer.
(ii)
If the responsible party does not appeal the citation, said party shall pay the fine in accordance with Section 8CC-10 of the Code. Thereafter, each day the responsible party fails to take corrective action to abate the artificially induced mosquito breeding constitutes a continuing violation as defined in Section 8CC-4 of the Code.
(iii)
The Miami-Dade County Mosquito Control Division shall take corrective action to abate the artificially induced mosquito breeding, at the responsible party's expense, five (5) calendar days from the date of the citation issuance. The responsible party shall pay the Miami-Dade County Mosquito Control Division for the cost of performing such abatement, which includes all expenses, fines, penalties, interest and actual administrative costs. The responsible party shall make payment to the Mosquito Control Division within fourteen (14) days of receipt of the payment invoice from the Mosquito Control Division.
(iv)
If the responsible party fails to pay Miami-Dade County Mosquito Control Division as described under Section 26A-2.1(d)(3)(III) and/or Section 26A-2.1(d)(5), the Department shall file a lien in the amount of all expenses incurred in correcting the condition, including all fines, penalties, interest and actual administrative costs.
(v)
Such liens shall be enforceable in the same manner as a tax lien and may be satisfied at any time by payment thereof, including accrued interest. Upon such payment, the Clerk of the Circuit Court shall, by appropriate means, evidence the satisfaction and cancellation of such lien upon the record thereof. Notice of such lien may be filed in the Office of the Clerk of the Circuit Court and recorded among the public records of Miami-Dade County, Florida.
(4)
The hearing provided for in Section 26A-2.1(d)(3)(I) shall be conducted not sooner than five (5) calendar days, but not later than twenty (20) calendar days, after receipt of the appeal.
(5)
If the responsible party is found guilty by the Hearing Officer, the responsible party shall pay a fine in accordance with Section 8CC-10 of the Code and will be required to pay the Miami-Dade County Mosquito Control Division the cost of abating the artificially induced mosquito breeding as performed and defined under Section 26A-2.1(d)(3)(III).
(e)
Emergency powers and procedures. During a public health emergency, in addition to all other powers and authority provided by Section 26A-2.1, the Miami-Dade County Mosquito Control Division is authorized to take corrective action to abate a nuisance if corrective action is not taken by the responsible party within two (2) days of receipt of notice of the existence of a nuisance. Notice provided under this section shall advise the responsible party of a public health emergency, notifying the responsible party that corrective action must be taken within 2 days.
(f)
Tire storage. All persons who engage in the manufacture, distribution, sale or storage of new, used or waste tires, including, but not limited to, automobile, truck, tractor, trailer, motorcycle or airplane tires, shall store or treat all tires in a manner which will prevent an artificially induced mosquito breeding area.
(g)
Records. The County shall keep complete records relating to the amount payable for liens as described in Section 26A-2.1(d)(3)(IV).
(h)
Violation; penalty. If any person shall fail or refuse to obey or comply with, or violate any of the provisions of this section, or any lawful order of an Enforcement Officer, issued or rendered under [or] pursuant to the provisions of this section, such person shall be in violation of this section, and upon conviction of such offense, shall be subject to 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.
(i)
Provisions herein are supplemental. Any enforcement procedures outlined in this section shall be considered cumulative and supplemental to all other penalties or remedies which may be provided for elsewhere by this Code or by statute.
(j)
Research data collected by the County on mosquitoes will be placed on the County's open data portal.
(Ord. No. 80-95, § 1, 9-16-80; Ord. No. 86-82, § 1, 10-28-86; Ord. No. 95-85, § 1, 5-2-95; Ord. No. 95-205, § 1, 11-9-95; Ord. No. 16-45, § 1, 5-17-16)