§ 8CC-3. Enforcement procedures.

(a)

For the purposes of this chapter, a "Code Inspector" is defined to be any agent or employee of Miami-Dade County whose duty is to assure the enforcement of and compliance with the Code of Miami-Dade County. Prior to being provided the authority to initiate enforcement proceedings under this Chapter, a Code Inspector shall be required to successfully complete a criminal background investigation as prescribed by implementing order. Subject to the requirements of Section 8CC-11 below, a "Code Inspector" is also defined to be any agent or employee of a municipality, university, Florida College System institution, or district school board who has been authorized pursuant to that Section to assure code compliance. Municipal, university, Florida College System institution, or district school board employees shall also be required to successfully complete a criminal background investigation prior to being provided authority to initiate enforcement proceedings under this Chapter.

(b)

Code Inspectors shall have the authority to initiate enforcement proceedings as provided below. No Hearing Officer shall have the power to initiate such proceedings.

(c)

For the purposes of this chapter, "violators" shall be deemed to be those persons or entities legally responsible for the violation of the ordinances listed in Section 8CC-10.

(d)

A Code Inspector who finds a violation of those ordinances of this Code listed in Section 8CC-10 shall determine a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of fairness; practicality; ease of correction; ability to correct; severity of violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. A time for correction need not be specified if the violation is deemed to be an uncorrectable violation.

(e)

A Code Inspector who finds such a violation shall issue a civil violation notice to the violator. Service shall be effected by delivering the civil violation notice to the violator by:

(1)

First Class Mail, return receipt requested, or other available delivery confirmation, to the owner of the property in question or such other violator as the Code Inspector shall cite; A signed return receipt or other delivery confirmation shall be conclusive of service of the civil violation notice.

(2)

First Class Mail without return receipt provided, however, that no conclusive effect shall be ascribed to this method absent proof of delivery. Service in this matter shall be evidenced by a properly executed proof of mailing, affidavit confirming the first class mailing, or certificate of mailing;

(3)

If the notice is sent to the owner of the property in question, as provided in paragraph (e)(1), at the address listed in the records of the property appraiser's office for tax notices, and at any other address provided to the County by such owner, and if the notice is returned as unclaimed or refused, service may be effected by posting said notice in a conspicuous location at the premises where the violation occurred and/or at the owner's address(es) and combined with sending the notice by first class mail directed to the address(es) furnished to the local government. Service in this matter shall be evidenced by a properly executed proof of mailing, affidavit confirming the first class mailing, or certificate of mailing and shall be conclusive of service of the civil violation notice;

(4)

Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body;

(5)

Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or

(6)

In the case of commercial premises, leaving the notice with the manager or other person in charge.

The time for compliance stated in the notice shall commence upon service under this section. Service under subsection (e)(3) shall be deemed proper and the time for compliance shall commence on the latter of the posting or mailing of the notice.

(f)

The civil violation notice shall include but not be limited to the following:

(1)

Date of issuance.

(2)

Name of Code Inspector and division or department issuing the notice.

(3)

Name and address of the violator.

(4)

Section number of the Code Section that has been violated.

(5)

Brief description of the nature of the violation, including location, date, and time of violation.

(6)

Amount of the civil penalty for which the violator may be liable.

(7)

Instructions and due date for paying the civil fine or filing for an administrative hearing before a Hearing Officer to appeal the civil fine.

(8)

Time within which the violation must be corrected if applicable.

(9)

Notice that each day of continued violation after the time period for correction has run shall be deemed a continuing violation subject to additional penalty in the same amount, without the need for additional notices of violation.

(10)

Notice that the filing of a request for an administrative hearing will toll the accrual of continuing violation penalties.

(11)

Notice that failure to request an administrative hearing within twenty (20) days, or within the specified time period listed for a violation of a specific Section of the Code, after service of the civil violation notice shall constitute a waiver of the violator's right to an administrative hearing before the Hearing Officer, and that such waiver shall constitute an admission of violation.

(12)

Notice that the violator may be liable for the reasonable costs of the administrative hearing should he be found guilty of the violation.

(13)

Notice that the violator may be liable for the County's costs and expenses incurred as a result of investigation, enforcement, testing or monitoring should the violator be found guilty of the violation.

(g)

A Code Inspector is authorized to record in the public record the civil violation notice or a notice of violation which is based upon the civil violation notice. The recording of the civil violation or a notice of violation under this section shall not act as or be a lien on the property and shall not act as a notice of a lien on the property but shall merely act as public notice of the existence of the violation.

(Ord. No. 85-33, § 1(3), 5-21-85; Ord. No. 86-22, § 1, 3-18-86; Ord. No. 90-6, § 1, 2-6-90; Ord. No. 94-38, § 1, 3-3-94; Ord. No. 94-207, § 3, 11-1-94; Ord. No. 99-55, § 2, 5-25-99; Ord. No. 00-53, § 1, 5-9-00; Ord. No. 05-19, § 2, 1-27-05; Ord. No. 09-17, § 1, 3-3-09; Ord. No. 16-16, § 1, 2-2-16)