§ 8-17. Violations and Penalties.

(a)

Penalties. This section shall apply to all persons and violations not covered by Section 8-15 above. Any person, firm or corporation who shall violate a provision of the Building Code or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the Building Code is committed or continued, and upon conviction of any such violation, such person shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment not exceeding sixty (60) days, or by both such fine and imprisonment. Any person who violates or fails to comply with a provision of the Building Code shall also be subject to civil fines and penalties established in Chapter 8CC of the Code of Miami-Dade County.

(b)

Civil Liability; Attorneys Fees.

(1)

Any person who violates a provision of the Building Code or any lawful regulation or written order promulgated under the Building Code is subject to injunction or other equitable relief to enforce compliance with or prohibit the violation of the Building Code. Further, such person is liable to the Building Official or the appointing authority for any damages caused by such violation and for the reasonable costs and expenses incurred by the Building Official or the appointing authority in enforcing the provisions of the Building Code, including but not limited to the costs of enforcement inspections, preparation of enforcement reports, photographs, postage and other demonstrable administrative costs for enforcement and collection. All such sums shall become immediately due and payable upon expenditure by the Building Official or the appointing authority and shall become delinquent if not paid within thirty (30) days after receipt by the violator of the bill of the Building Official or the appointing authority itemizing the enforcement costs incurred in enforcing the provisions of the Building Code. All such delinquent sums shall bear interest at the prevailing rate set forth in the law as payable on judgments and decrees.

(2)

Upon the rendition of a judgment or decree by an of the courts of this State against any person in any action to enforce compliance with or prohibit the violation of the provisions of the Building Code, the court shall adjudge or decree against the losing party and in favor of the prevailing party a reasonable sum as fees or compensation for the attorney acting on behalf of the prevailing party. Such fees or compensation shall be included in the judgment or decree rendered in the case. Cessation of the violation of any of the provisions of the Building Code prior to rendition of a judgment or prior to execution of a negotiated settlement, but after an action has been filed by the Building Official or the appointing authority to enforce the provisions of the Building Code, shall be deemed for the purposes of this section the equivalent of a confession of judgment or verdict in favor of the Building Official or the appointing authority, for which attorney's fees shall be awarded as set forth in this section.

(3)

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

(4)

Nothing in this section shall be construed to permit or require the Building Official or the appointing authority to bring an action on behalf of any private person.

(Ord. No. 01-112, § 1, 7-10-01)