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Code Enforcement Remedies
Miami-Dade County’s Environmental Protection Ordinance, listed in Chapter 24 of the Miami-Dade County Code, was established to provide and maintain standards to ensure protection of our air quality, drinking water and vital natural resources.
Enforcing the provisions of Chapter 24 is essential to the County's role of environmental protection. Division of Environmental Resources Management (DERM) Code Enforcement works with the regulated community and general public to ensure compliance with local, state and federal environmental laws and, when warranted, utilizes progressive enforcement remedies to achieve compliance, reduce pollution and mitigate environmental damage.
Enforcement remedies include, but are not limited to the following:
- Written Field Notice or Warning Notice: These initial notices are typically issued for minor violations of Chapter 24, which have a lower potential for environmental impact/harm.
- Formal Notice of Violation (NOV): May be issued for violations that continue uncorrected after field/warning notices, or for more severe violations that have the potential to negatively impact our quality of life and damage our air, water or other natural resources.
- Final Notice Prior to Court Action: May be issued due to continued non–compliance with a Notice of Violation or other previously-issued DERM notices.
- Other successive enforcement notices/letters may be issued due to non-compliance with the above referenced Notices, in the pursuit of a favorable resolution.
- Administrative Consent Agreement: May be offered when a violation has not been corrected through the use of formal administrative enforcement notices, in order to collectively resolve a violation. This is a means of avoiding court action and provides written assurance of voluntary compliance. The Consent Agreement also includes successful environmental assessment and restoration milestones, the additional time needed to correct the violations and may include applicable settlement costs.
Formalized enforcement actions
Uniform Civil Violation Notice (UCVN i.e. Ticket): UCVN’s may be issued in some cases where there is continued non-compliance with the initial notices. UCVN’s are issued pursuant to the provisions of Chapter 8CC of the Code of Miami-Dade County.
Court action: This may result when all progressive, administrative enforcement remedies have been exhausted by DERM for the more complex cases and the site continues to be in non-compliance. Cases may be referred to the Office of the Miami-Dade County Attorney or the Office of the State Attorney for the appropriate legal action.
Notices issued throughout the enforcement process include specified timeframes for corrective action/compliance. Responsible parties may also be granted reasonable extensions as applicable, along with meetings with pertinent DERM staff in order to further assist in compliance efforts.
For more information, please call DERM’s Code Enforcement Section at 305-372-6902.
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