§ 2-348.3. Dispute resolution procedure.

This section establishes procedures for resolving disputes and protests between Miami-Dade County and persons adversely affected by the planning, design, construction and operation of sewage or wastewater treatment facilities financed by a loan from the State's Sewage Treatment Revolving Loan Fund authorized by Section 403.1835, Florida Statutes.

(1)

Applicability. This section applies only to those persons, other than participants in a competitive process, who are adversely affected by the planning, design, construction, and operation of sewage or wastewater treatment facilities owned by Miami-Dade County which are financed pursuant to Section 403.1835, Florida Statutes. Any protest made by any participant in a competitive process shall utilize the procedures set forth in Section 2-8.4 of the Code of Miami-Dade County. A person shall be defined as an individual, corporation, partnership, joint venture or other business entity.

(2)

Protest procedures. Any person subject to this section who is adversely affected shall file a written protest with the Director of the Miami-Dade Water and Sewer Department within ten (10) calendar days after the basis of the protest is known or should have been known, whichever is earlier. Telephonic or verbal protests will not be considered. Filing shall be complete upon physical delivery to the Director or his designee. A protest which is untimely will not be considered. A complaining person (hereinafter complainant) shall bear the risk of nondelivery of a written protest, whether the protest is mailed or otherwise sent.

(a)

The written protest shall state the following:

1.

The name, address and telephone number of the complaining person;

2.

A statement describing how the complainant is adversely affected;

3.

A statement describing how and when the complainant became aware of the basis for the protest;

4.

A statement identifying and describing the specific facts which are the basis of the protest;

5.

A statement which identifies and describes the specific laws, rules and regulations which are alleged to be the basis of the protest; and

6.

The arguments in support of the complainant's position.

(b)

The complainant shall be given the opportunity to appear at a hearing before the Director to present all written and oral arguments in support of the protest. The complainant may be represented by an attorney. The complainant may present testimony of witnesses and may present facts, evidence and arguments in support of his position. The complainant shall have the right to cross examine witnesses. The Director shall ensure that an appropriate record of the entire hearing is made which record shall include the Director's ultimate findings and conclusions. All interested persons shall be afforded the same rights as the complainant.

(c)

The Director shall consider all facts, evidence and testimony presented and shall render an appropriate ruling within ten (10) days which shall be conveyed in writing to the complainant and all other interested persons.

(d)

A complainant who is aggrieved by a ruling of the Director shall have the right to have the ruling reviewed by the Miami-Dade County Board of County Commissioners by filing a petition with the Clerk of the Board, within thirty (30) days of the date of the Director's written ruling. The Clerk of the Board shall provide due notice of the hearing date. The complainant shall have a de novo hearing before the Board including all other rights which are provided pursuant to a hearing before the Director. The Board shall consider all facts, evidence and testimony presented and shall affirm, modify or reverse the ruling of the Director based on the showing made at the hearing. The Clerk shall ensure that a proper record of the entire hearing is made.

(e)

No person who is adversely affected by the planning, design, construction, and operation of facilities financed pursuant to Section 403.1835, Florida Statutes, may apply to the courts for judicial review unless all administrative remedies provided for herein have been exhausted. It is the intention of the Board of County Commissioners that all steps as provided by this section shall be taken before any application is made to a court of competent jurisdiction.

(Ord. No. 94-133, § 1, 6-21-94)