§ 8A-389. Director's duties, functions and powers.

(a)

The duties, functions, powers and responsibilities of the Director shall include the following:

(1)

Enforce all of the provisions of this article and any regulations promulgated thereunder.

(2)

Upon receipt of complaints or upon the Director's initiative, investigate, inspect, sample and test any matters regulated hereunder.

(3)

Issue, deny, revoke and suspend registrations and impose conditions, limitations and restrictions upon same in accordance with Section 8A-382 and Section 8A-391 of this Code.

(4)

Issue cease and desist orders, notices to correct violations and any other lawful orders of the Director which shall briefly set forth the general nature of the violation of this article and specify the time within which the violation shall be rectified or stopped. If an order to cease and desist or notice to correct violations or any other lawful order of the Director is not obeyed, the Director shall have the power and authority to revoke or suspend the registration of the person, firm, corporation or other business entity engaged in remetering, or deny the issuance of registration and take such other action authorized by this article. Notwithstanding the foregoing, no revocation or suspension of a registration by the Director shall be effective until the rendition by the hearing officer of the appeal, if any, of such revocation or suspension pursuant to Section 8A-397 of the Code of Miami-Date County, Florida, or until the time period for filing such appeal has expired, whichever is later. Orders to cease and desist, notices to correct violations and any other lawful orders of the Director hereunder may be enforced by the institution by the Director of civil actions for mandatory and prohibitory injunctions, civil penalties and other remedies and attorney's fees as set forth in Section 8A-396 of the Code of Miami-Dade County in a court of competent jurisdiction.

(5)

Institute civil actions or proceedings to enforce all the provisions of this article and subpoena issued by the Director or the hearing officer, including seeking mandatory and prohibitory injunctions, the imposition and recovery of civil penalties, restitution and such other remedies and attorney's fees as set forth in Section 8A-396 of the Code. Such civil actions or proceedings may be instituted by the Director regardless of whether a cease and desist order or notice to correct the violation or other lawful order of the Director has been issued or other administrative proceeding is pending.

(6)

Prosecute through the State Attorney in the criminal courts for violations of this article.

(7)

Issue subpoena to compel the presence of any person or document or thing at any hearing, conference or proceeding authorized herein upon information or belief by the Director that a violation of any provision of this article has occurred or may occur.

(8)

Inquire into the practices, functions and policies of Owners and/or Remeterers and make such recommendations to the Commission as the Director may deem necessary.

(9)

Administer oaths and certify official acts of the Director.

(10)

Investigate, upon the Director's initiative, the practices of any Owner and/or Remeterer.

(11)

Apply to any judge of the circuit or county court, criminal or civil division, for the issuance of an administrative search warrant.

(12)

Conduct a program for monitoring consumer satisfaction levels in the field of remetering and make such monitoring information available to the Commission and the public.

(13)

Institute informal conferences for discussing and resolving any matter covered by this article.

(14)

Publish and disseminate information to the public concerning remetering.

(15)

Submit to the Commission additional rules, regulations and standards to effectuate the purposes of this article. No such proposed rules, regulations or standards shall become effective until approved by the Commission by ordinance.

(16)

Enter into written assurances of compliance pursuant to Sections 8A-82.1 and 8A-390 of the Code of Miami-Dade County, Florida, with respect to the matters regulated under this article.

(17)

The powers of the Director enumerated herein shall be in addition to and not a limitation of any other powers of the Director pursuant to any other provisions of this article or any other provisions of law or ordinance.

(Ord. No. 96-137, §§ 1, 2, 9-17-96)