§ 32-168. Enforcement.

The following enforcement actions are authorized separately or in combination.

(a)

The Department may take emergency action to eliminate a cross connection involving a health hazard, or to stop and prevent backflow, by any practicable means, including disconnection of water service and installation of an approved backflow preventer, billing the customer for the cost of labor, applicable permit fees, and materials (including overhead and fringe benefits).

(b)

The Department may refuse water service to a customer in violation of the provisions of this Article, or to a customer who does not pay costs of Department emergency action to prevent backflow within sixty (60) days. Water service may be withheld until the violation is corrected, the costs paid, fines for violations of this Chapter under Chapter 8CC paid, and the affected premises or facilities are certified to be in compliance with all requirements stated herein.

(c)

The Department may add any costs of emergency action to prevent backflow which remain unpaid after sixty (60) days to the customer's bill for services and record and enforce a lien when and as authorized by Article VI of Chapter 32 of the County Code.

(d)

Any person who violates any provision of this Article or any lawful rule, regulation or written order promulgated under it is liable for any damage caused by such violation to Miami-Dade County, including, but not limited to damage to the public water supply and costs of rectifying harm, and is also liable directly or indirectly for all damage to other parties. The County may undertake court actions to recover its damages, to restrain, abate or correct violations of this Article, to permit access and corrective action, and to prevent use and occupancy of any premises where a probable violation of this Article could endanger human health. The term "damages" herein shall be understood to include all those which may be recoverable in civil actions in the courts of Florida.

(e)

This article may be enforced by code, invoking all applicable provisions of Chapters 8CC and 10 of the County Code, and the Florida Building Code, including, but not limited to, civil violation notices, administrative hearings, court appeals, and assessment of fines and costs with further penalties for non-payment.

(f)

In addition to any civil penalty or court award of damages, any violator shall be liable for the reasonable costs and expenses incurred by the County in enforcing the provisions of this Article including, but not limited to, the labor and material costs (including overhead and fringe benefits) of emergency enforcement actions, inspections, permit fees, preparation of enforcement reports, photographs, title searches, postage, court or hearing attendance time, and other demonstrable administrative costs for enforcement and collection. All such sums shall become delinquent if not paid within thirty (30) days after receipt by the violator of the Department's bill itemizing the costs incurred in enforcing the provisions of this Article, or after a hearing officer or court order becomes final (the "due date"). All such delinquent sums shall bear interest at the rate of twelve (12) percent per annum after the due date.

(g)

In lieu of the lien for unpaid civil penalties provided in Section 8CC-7 of the County Code, if the violator is a water customer, the Department may include the amount of any ordered civil penalty including costs and expenses in the water customer's bill for service and record a lien in accord with the provisions of Article VI of Chapter 32 of the County Code.

(h)

Upon the rendition of a judgment or decree by any of the courts of this State, including appellate courts, against any person and in favor of the County to enforce compliance with this article or to award damages to the County, the court shall adjudge a reasonable sum as fees for the attorney acting on behalf of the County in that civil action, in addition to court costs.

(i)

The following funds when received by the County shall be deposited in a separate County fund, for use by the Water and Sewer Department for administration and enforcement of this Article:

(1)

All civil penalties plus costs and expenses of enforcement, collected under Section 8CC-10 for violations of this Article.

(2)

All damages, costs and attorney fees awarded as a result of court actions, pursuant to Section 32-168(d), (f) and (h).

(Ord. No. 99-165, § 1, 12-7-99; Ord. No. 01-169, § 1, 10-23-01; Ord. No. 06-158, § 1, 10-24-06)