§ 8CC-4. Civil penalties and related terms construed.

(a)

Penalties for violations of the ordinances to be enforced by this chapter shall be in the amount prescribed in the schedule of civil penalties in Section 8CC-10.

(b)

An "uncorrectable violation" is a violation which cannot be remedied after the violation has been committed because the violation constitutes a single prohibited act rather than an ongoing condition or circumstance. Each reoccurrence of an uncorrectable violation shall constitute a separation violation and shall subject the violator to an additional penalty in the same amount as that prescribed for the original violation. If, however, a violator has been once found guilty of an uncorrectable violation, and causes the same uncorrectable violation to occur a second time, each reoccurrence of the uncorrectable violation by such violator shall constitute a "repeat violation" as provided in Section 8CC-4(d).

(c)

"Continuing violations" are those violations which remain uncorrected beyond the reasonable time period for correction contained in either the civil violation notice or the final order of the Hearing Officer, whichever is applicable. For each day of continued violation after the time for correction has run, an additional penalty in the same amount as that prescribed for the original violation shall be added. The maximum total penalty for any one (1) continuing violation shall be fixed at twenty (20) times the original penalty amount, provided, however, that continuing violations of the provisions of Section 33-107 relating to murals shall be fixed at thirty (30) times the original penalty amount. When the maximum penalty for a continuing violation of the provisions of Section 33-107 relating to murals has accrued, the violation shall be referred to the county attorney's office for appropriate enforcement action.

(d)

A "repeat violation" is a recurring violation of an ordinance by a violator who has previously been guilty of the same violation within the last five (5) years. In the case of correctable violations, a repeat violation can occur only after correction of the previous violation has been made. For the first repeat violation, the amount of the civil penalty shall be double the amount of penalty prescribed for the original violation by Section 8CC-10. The amount of civil penalty due for each subsequent repeat violation shall be double the amount of penalty due for the first day of the immediately preceding violation, provided that the maximum penalty payable for the first day of any one (1) repeat violation shall be one thousand dollars ($1,000.00).

(e)

A repeat violation which remains uncorrected beyond the time prescribed for correction in the civil violation notice shall be treated as a continuing violation, and the additional penalty for each day of continued violation shall be equal to the doubled amount due for the first day of the repeat violation.

(f)

Continuing violation penalties shall accrue from the date of correction given in the civil violation notice until the correction is made and payment of the fine is received if a request for administrative hearing is not timely filed. If the named violator requests an administrative hearing on a correctable violation and loses his appeal, the Hearing Officer shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth in Section 8CC-3(d). If correction is not made within the period set by the Hearing Officer, continuing violation penalties shall begin after the time for correction has run. No continuing violation penalties shall accrue during the time period from the date of the civil violation notice until the date of the administrative hearing, if the named violator timely requests an administrative hearing to appeal the decision of the Code Inspector. Continuing violation penalties cannot be imposed by the Hearing Officer for uncorrectable violations.

(g)

Continuing violation penalties shall be assessed by the hearing officer upon the filing of an Affidavit of Noncompliance by the Code Inspector. The violator may request an administrative hearing, which hearing shall be strictly limited to the amount of the continuing violation based upon the length of time the violation continued to exist. Upon the filing of the Affidavit of Non-Compliance, the Clerk shall send a Notice of Assessment of Continuing Penalties to the violator by first class mail, at the last known address of the violator. Said notice shall include but not be limited to the following:

(1)

The date of issuance.

(2)

Department or division issuing the original notice.

(3)

Section number of Code that has been violated.

(4)

Amount of continuing penalty to be assessed by the hearing officer.

(5)

Notice of right to request an administrative hearing and instructions on how to file for the administrative hearing.

(6)

Notice that failure to request an administrative hearing within twenty (20) days after the receipt of the Notice of Assessment shall constitute a waiver of the violator's right to the administrative hearing.

(7)

Notice that the administrative hearing is strictly limited to the amount of the continuing penalty based solely upon the length of time the violation continued to exist but in no case in excess of the maximum set forth in the Code.

(8)

Notice that the violator shall be liable for the reasonable costs of the administrative hearing if the violator is unsuccessful at the hearing.

(h)

Civil penalties assessed pursuant to this chapter are due and payable to Miami-Dade County on the last day of the period allowed for the filing of an appeal from the Hearing Officer's decision, or, if proper appeal is made, when the appeal has been finally decided adversely to the named violator.

(Ord. No. 85-33, § 1(4), 5-21-85; Ord. No. 90-6, § 1, 2-6-90; Ord. No. 93-71, § 1, 7-15-93; Ord. No. 99-55, § 3, 5-25-99; Ord. No. 00-53, § 2, 5-9-00; Ord. No. 05-19, § 3, 1-27-05; Ord. No. 07-91, § 4, 7-10-07)