§ 2-87. Civil citation process.
(a)
Civil offenses/penalties; intent and purpose.
(1)
This section is adopted pursuant to F.S. §§ 162.03(2) and 162.13, as an alternative method of enforcing the Code, and is enacted to protect the public health, welfare and safety of the residents of the town.
(2)
When not inconsistent with the intent and purpose of this section, the code compliance Special Magistrate procedures set forth in sections 2-71 through 2-86 of this article shall apply herein even if not so expressly stated.
(3)
Nothing in this article shall be construed to prohibit the town from enforcing its Code and ordinances by any other means, including but not limited to, a summons, notice of violation, an arrest, a civil action for injunctive relief, or a stop work order or demolition.
(b)
Citation authorization; violation as civil infraction; maximum civil penalty.
(1)
A Code Compliance Officer, designated pursuant to section 2-78, is hereby authorized to issue a citation to a violator when, based upon personal investigation, the Code Compliance Officer has reasonable cause to believe that the violator committed a violation of the Code.
(2)
A code violation, for which a citation may be issued pursuant to this section, shall be deemed to be a civil infraction.
(3)
The maximum civil penalty for such a civil infraction shall not exceed $250.00 per violation, except if the violation is considered a repeat violation, in which case the maximum fine shall be $500.00, plus all administrative costs, if applicable. However, violations considered to be irreparable or irreversible in nature may incur a civil penalty of up to $5,000.00 per violation.
(c)
Service of citation.
(1)
Citations shall be served on the violator by any means allowed in section 2-80 of this article, by the Code Compliance Officer or any other authorized person.
(d)
Form of contents of citation.
The citation shall contain:
(1)
Date and time of issuance;
(2)
Name of the Code Compliance Officer or other authorized person issuing the citation;
(3)
Name and address of the violator;
(4)
The section of the Code that has been violated;
(5)
The date and time the civil infraction was committed;
(6)
Brief description of the facts constituting reasonable cause;
(7)
The time within which the violation must be corrected, if applicable;
(8)
Notice that each day of continued violation after the time period for correction has run shall be deemed a continuing violation subject to additional civil penalties in the same amount as the civil penalty listed on the citation, without need for additional citations;
(9)
The applicable civil penalty for committing the violation;
(10)
A conspicuous statement that if the violator fails to pay the civil penalty and correct the violation within the time allowed, or fails to request a hearing before the Special Magistrate to contest the citation within 20 days, he/she shall be deemed to have waived his/her right to contest the citation and that, in such case, an order may be entered against the violator for an amount equal to the civil penalty listed in the citation per day the violation continues past the date allowed for compliance on the citation, plus any administrative costs.
(e)
Civil penalties and related terms construed.
(1)
Civil penalties as described in this article shall be issued pursuant to the amounts prescribed in the schedule of civil penalties in section 2-87(g).
(2)
Continuing violations are those violations which remain uncorrected beyond the reasonable time period for correction contained in the citation. For each day of continued violation after the time for correction has run, an additional penalty in the same amount as that prescribed for in the original citation shall accrue until compliance.
(3)
Continuing violations shall accrue from the date of correction given in the citation until compliance of the violation or until a request for administrative hearing is filed, whichever comes first. If the violator requests an administrative hearing and loses the appeal, the Special Magistrate shall determine a reasonable time period within which correction of the violation must be made. If correction is not made within the period set by the Special Magistrate, continuing violation penalties shall begin to accrue again after the time for correction has run.
(4)
Repeat violations are recurring violations of an ordinance or Code provision by a violator who has previously been guilty of the same violation within five years. A repeat violation can occur only after correction of the previous violation has been made. The amount of civil penalty due for a repeat violation shall be double the amount of penalty due for the previous citation, provided that the maximum civil penalty payable for the first day of any one repeat violation shall be $500.00.
(5)
Civil penalties assessed pursuant to this article are due and payable to the town on the 20th day from the issuance of the citation, or if a proper appeal is filed, when the appeal has been finally decided adversely against the violator.
(f)
Rights of violators; payment of fine; right to appeal; failure to pay and correct or to appeal.
(1)
A violator who has been served with a citation shall elect either to:
a.
Pay the civil penalty in the manner indicated on the citation, and correct the violation within the time specified on the notice; or
b.
Request an administrative hearing before the Special Magistrate to appeal the determination of the Code Compliance Officer, which resulted in the issuance of the citation.
(2)
If the violator chooses to appeal the citation, he/she must file an appeal within 20 calendar days after receiving the citation.
(3)
If the violator fails to pay the civil penalty and correct the violation within the time specified by the Code Compliance Officer or to timely appeal the violation and request an administrative hearing before the Special Magistrate, the Special Magistrate shall be advised of same by affidavit from the Code Compliance Officer. Failure of the violator to pay the civil penalty and correct the violation or to appeal the citation within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the Special Magistrate. Such waiver shall be treated as an admission of violation and additional civil penalties may be imposed by the Special Magistrate according to this article without further notice. A certified copy of an order imposing additional civil penalties may be recorded in the public records of Miami-Dade County, Florida and all other enforcement remedies shall be applicable pursuant to section 85 of this article.
(g)
Schedule of civil penalties.
(1)
The schedule of civil penalties may be adopted by a resolution of the Town Council, and may be amended from time to time.
(2)
A citation may be issued with a civil penalty amount of up to $250 for violation of any section of the Town Code, unless otherwise specified in the Code or in the schedule of civil penalties as adopted by the Town Council.
(Ord. No. C-406, § 2, 10-5-2015)