§ 30-477. Enforcement procedure; remedies; attorney's fees; costs; and penalties.

(a)

It shall be unlawful for any person to violate any of the provisions of this article. In addition to any other judicial or administrative remedies provided by law, rule, regulation, ordinance, or this article, the Director shall have the following judicial remedies available to enforce the provisions of this article:

(1)

The Director may institute a civil action in a court of competent jurisdiction to seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance with or prohibit the violation of any of the provisions of this article.

(2)

The Director may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty in an amount of not more than ten thousand dollars ($10,000.00) for each violation of any of the provisions of this article. Each day during any portion of which such violation occurs or continues to occur constitutes a separate violation. The right of trial by jury shall be available in any court to determine both liability for and the amount of the civil penalties to be imposed and recovered hereunder.

(3)

The Director may institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief:

(i)

To recover any sums and costs expended by the Director for tracing, investigating, preventing, controlling, abating or remedying any violation of any of the provisions of this article.

(ii)

To provide restitution to any customers or consumers injured by any violation of any of the provisions of this article.

(b)

Upon the rendition of a judgment or decree by any of the courts of this state against any person and in favor of the Director under any of the provisions of this article, the trial court, or, in the event of an appeal in which the Director prevails, the appellate court, shall adjudge or decree against said person and in favor of the Director a reasonable sum as fees or compensation for the Director's attorney prosecuting the suit in which the recovery is had. Where so awarded, compensation or fees of the attorney shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions, legal or equitable, filed after the effective date of this article by the Director, Cessation of any violation of any of the provisions of this article whatsoever, prior to rendition of a judgment or entry of a temporary or final decree, or prior to execution of a negotiated settlement, but after an action is filed by the Director under any of the provisions of this article, shall be deemed the functional equivalent of a confession of judgment or verdict in favor of the Director, for which attorney's fees shall be awarded by the trial court as set forth hereinabove.

(c)

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

(d)

In lieu of instituting judicial action the Director may enter into written assurances of compliance pursuant to Section 8A-82.1 of the Code of Miami-Dade County, Florida, with respect to the matters regulated under this article. Each violation of any of the terms and conditions of a verified, written assurance entered into pursuant to Section 8A-82.1 of the Code with respect to the matters regulated under this article shall constitute a separate offense under this article by the persons who executed the assurance, their respective officers, directors, agents, servants, and employees; and by those persons in active concert or participation with any of the foregoing persons and who receive actual notice of the assurance of compliance. Decisions, actions, and determinations of the Director, pursuant to this section shall not be subject to review pursuant to Section 30-481 of this Code.

(e)

This article shall be enforced by personnel authorized by the CSD, the police forces of the various municipalities in Miami-Dade County and by the Miami-Dade Police Department. When specifically authorized by the Director, this article may be enforced by other Miami-Dade County personnel.

(f)

The CSD is authorized to enforce the provisions of this article by administrative fines in accordance with the provisions of Chapter 8CC or the Code of Miami-Dade County, for each violation. Each day of a continuing violation shall be deemed a separate violation.

(g)

Criminal penalties: If any person fails or refuses to obey or comply with or violates any of the provisions of this article, such person, upon conviction of such offense, shall be punished by 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. Each day of continued violation shall be considered as a separate offense.

(Ord. No. 89-67, § 1, 7-11-89; Ord. No. 90-29, § 1, 4-3-90; Ord. No. 93-130, § 1, 11-16-93; Ord. No. 95-184, § 1, 10-17-95; Ord. No. 03-176, § 1, 7-22-03)