§ 4-52. Enforcement and penalties.

(a)

Enforcement agent. This article shall be enforced by authorized personnel of CSD.

(b)

General means of enforcement. CSD may utilize either of two (2) general means of enforcing this article:

(1)

Fining the operator or chauffeur, or

(2)

Suspending or revoking the operator's certificate or the chauffeur's registration.

(c)

Fining the operator or chauffeur.

(1)

CSD shall develop a deficiency or warning system through which operators or chauffeurs are given written notice of minor violations and a specified period of time to correct same. For more serious or repeated violations, CSD shall develop a citation form. Authorized personnel will issue citations as official notice of violations. Civil violations by chauffeurs shall be processed under Chapter 8CC of the Code.

(2)

Deficiency reports and/or citations shall be issued to the party responsible for the violation. Any person issued a deficiency report or a citation shall acknowledge receipt thereof by his signature. Notice given to a chauffeur for a violation involving the vehicle under his control shall also be sent to the operator.

(3)

Failure to correct items recorded on a deficiency report by the time specified shall automatically cause a citation to be issued for each such item. In the case of chauffeurs, for civil violations, a citation shall be issued under Chapter 8CC of the Code.

(4)

Except for chauffeurs receiving civil violations, each person issued a citation shall within ten (10) days satisfy the citation by either of the following means:

a.

Correction of the violation and payment to CSD of a twenty-five-dollar ($25.00) fine. In addition to any other penalties provided by law, this twenty-five-dollar ($25.00) fine may be imposed for each and every violation of the provisions of this article. Violations which result in fines pursuant to this section shall not be the basis for revocation or suspension proceedings except that three (3) or more violations resulting in fines within any twelve-month period may constitute grounds for revocation or suspension proceedings.

b.

Filing a written request for a hearing on the charges. The hearing shall be within the jurisdiction of the County Court and the Clerk of the Court is hereby empowered to dispose of the case and fines assessed through the normal procedure.

Failure to do one (1) of the foregoing may result in revocation or suspension proceedings or be punishable by fines of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and/or imprisonment not to exceed ten (10) days.

(5)

Violation of revocation or suspension ordered pursuant to this section shall be punishable by fines of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and/or imprisonment not to exceed ten (10) days.

(6)

Operation of a nonemergency vehicle without the required certificate shall be punishable by fines of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and/or imprisonment not to exceed ten (10) days.

(7)

Anyone who engages a nonemergency vehicle with intent to defraud the chauffeur or operator shall be in violation of this article and subject to a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and/or imprisonment not to exceed ten (10) days.

(d)

Suspension or revocation of the certificate or chauffeur's registration.

(1)

Grounds for suspension or revocation. Except for automatic suspensions as provided for elsewhere in this article, nonemergency vehicle certificates and chauffeur's registrations are subject to suspension or revocation by the Director as follows:

a.

Nonemergency certificate. Upon notice and hearing as hereinafter specified unless waived by the certificate holder when it appears that:

1.

The holder thereof has been convicted of a felony or any criminal offense involving moral turpitude; or

2.

The certificate was obtained by an application in which any material fact was omitted or falsely stated; or

3.

The holder thereof has permitted the nonemergency vehicle to be operated in violation of any law; or

4.

The holder thereof has failed after being notified in writing to comply with, or has willfully violated any of the provisions of this article; or

5.

The operator has not complied with the requirements of subsection (c)(5), above; or

6.

The certificate has been suspended three (3) or more times within a twelve-month period; or

7.

The public interest will best be served by revocation or suspension; provided, however, that good cause be shown.

b.

Chauffeur's registration. Upon notice and hearing as hereinafter specified unless waived by chauffeur when it shall appear that:

1.

The chauffeur has failed, after being notified in writing, to comply with or has willfully violated any of the provisions of this article; or

2.

The registration was obtained by an application in which any material fact was omitted or falsely stated; or

3.

The chauffeur has not complied with the requirements of fine in subsection (c)(5), above; or

4.

The registration has been suspended three (3) or more times within a twelve-month period; or

5.

The public interest will best be served by revocation or suspension; provided, however, that good cause be shown.

(2)

Hearing procedure. All hearings required by this section shall be preceded by a minimum of ten (10) days' written notice. Said notice shall specify the Director's proposed action and the grounds upon which the action is predicated. The operator or chauffeur may be represented by legal counsel and shall be entitled to present a defense to the proposed action. Failure to appear at a duly noticed hearing shall be deemed a waiver of the right to hearing and an admission of the acts specified in the notice. All such hearings shall be conducted before a hearing examiner who shall not have responsibility for the enforcement of this article and who shall be designated by the Director. Insofar as is practicable, hearings shall be conducted in accordance with the rules of civil procedure governing the procedure in Circuit Court, except as may be provided in the Miami-Dade County Code or by rules adopted by the Board of County Commissioners. All such hearings shall be reported and, at the request of any party, transcribed.

Within a reasonable time after the conclusion of the hearing, the hearing examiner shall submit to the Director a statement of findings, conclusions and recommendations. If the hearing examiner affirms the Director's proposed action, the appellant shall pay the administrative costs of the hearing, unless such decision is reversed on subsequent appeal. The Director shall promptly notify all parties of his or her decision.

(3)

Authority to subpoena witnesses, compel production of records. The hearing examiner shall have the power to administer oaths, subpoena witnesses upon the written request of any interested party, and may compel the production of records, books or papers. Should the hearing examiner without good cause refuse to subpoena witnesses or compel the production of books, records or papers, then any interested party may, without cost to the petitioner, petition the County Court to order the appearance of any witness or witnesses or order the production of any books, records or papers necessary to a fair and proper hearing. Failure of any witness ordered to appear or failure of any person ordered to produce books, records or papers may constitute a contempt of court and may be punishable in the same manner as any other contempt of court.

If any witness fails to honor a subpoena, the party requesting the same may apply to the County Court for a rule to show cause why the witness should not appear and, if after being ordered to appear by the Court, the witness fails to comply therewith, the Court after due notice and hearing may adjudge the witness in contempt of court and punish him accordingly. The subpoenaing party shall bear the cost of such subpoena.

(4)

Appeal of Director's decision. The Director's decision may be appealed to the County Manager within ten (10) days of the date of said decision. Such appeal shall not stay the Director's decision. Upon such an appeal, the County Manager shall consider the transcription of the hearing and all evidence produced at the hearing. No further testimony or exhibits shall be permitted. The County Manager shall, within twenty (20) days, on the basis of the record established before the Director, either affirm, reverse or modify the Director's decision.

(5)

[ Length of suspension. ] Suspensions pursuant to this section shall not exceed six (6) months. Three (3) or more suspensions within any twelve-month period may constitute grounds for revocation of the certificate or chauffeur's registration so suspended.

(6)

Appeal of County Manager's decision and Board of County Commissioner's decision. Appeals from the County Manager's decisions pursuant to this section and appeals from any Board of County Commissioners' decision concerning certificates shall be by certiorari to the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, in accordance with the Florida Rules of Appellate Procedure.

(e)

Other enforcement means. Notwithstanding the provisions of this article, the Director may secure enforcement of the provisions of this article by any legal action necessary, such as application to any court for injunctive relief or other appropriate relief.

(Ord. No. 80-145, § 12, 12-18-80; Ord. No. 87-10, § 2, 3-17-87; Ord. No. 88-118, § 1, 12-6-88; Ord. No. 94-15, § 1, 1-20-94)