§ 8AA-69. Enforcement; settlement authority, notice and cure provisions.

(a) Provisions of this chapter listed in Chapter 8CC of the Code of Miami-Dade County will be enforced pursuant to that chapter. The County Manager or his designee is hereby authorized to resolve by settlement any notice of violation of this chapter issued pursuant to Chapter 8CC. In deciding to settle a dispute over an alleged violation, the County shall consider: (1) the probability of success in proving the violation; (2) the nature and seriousness of the violation; (3) the licensee's past history concerning similar violations; (4) mitigating factors; and (5) the licensee's success in resolving this dispute with affected subscribers.

(b)

Prior to issuing a notice of violation pursuant to Chapter 8CC, the County will provide the licensee with notice and opportunity to cure. The notice shall state the Code section alleged to be violated, factual basis of the violation, the amount of the civil penalty, and the time period allowed to cure the violation without incurring a civil penalty. These notice and cure provisions will apply only to the subsections (1), (2) and (3) listed below.

(1)

Licensee shall have a notice and opportunity to cure time period of no less than forty-eight (48) hours for violations of the following provisions:

Section 8AA-35(g)	Burying drop cable
Section 8AA-39	Improper grounding

 

(2)

Licensee shall have a notice and opportunity to cure time period of no less than thirty (30) days from violations of the following provisions:

Sections 8AA-21; 8AA-22	Maintaining insurance
Sections 8AA-23; 8AA-24	Maintaining performance bond
Section 8AA-31	Submission of construction plan
Section 8AA-36(d)	Membership in Sunshine State One-Call of Florida, Inc.
Section 8AA-41	Equipment for the hearing impaired
Section 8AA-45	Providing A/B switch
Section 8AA-48	Service to public buildings
Section 8AA-50	Providing educational and Governmental access channels
Section 8AA-50(f)	Capital support for PEG
Sections 8AA-52; 8AA-53; 8AA-54	Recording and reporting
Section 8AA-57(a)	Maintaining an office
Section 8AA-57(b)	Maintaining 24-hour telephone system
Section 8AA-57(c)	Maintaining office hours

 

(3)

Licensee shall have a notice and opportunity to cure time period of no less than sixty (60) days for violations of the following provisions:

Section 8AA-27	Cable system construction
Section 8AA-42	Standby power
Section 8AA-58(c)	Extending service to new developments

 

(Ord. No. 90-73, § 1, 7-24-90; Ord. No. 92-97, § 11, 9-15-92; Ord. No. 01-44, § 1, 3-20-01; Ord. No. 03-122, § 1, 5-6-03)