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Code Enforcement Remedies
There is a general enforcement policy, through which "Uniform Civil Violation Notices" (UCVN’s or Tickets) are employed for lower priority cases with a lesser potential for environmental impact.
The policy also establishes criteria for managing the high priority, complex cases via the existing civil, criminal, and consent agreement mechanisms, keeping in mind that each case has it’s unique circumstances which will determine the appropriate handling method.
The enforcement remedies that are available to obtain compliance, vary depending on the nature of the violation, the types of evidence obtained in documenting the violation, and the severity of the health and/or environmental threat posed by the violation and the intent to commit the violation.
The following remedies or combination of remedies are available to obtain compliance:
- Verbal directive to correct violation.
Written "field notice," "warning notice," "order to cease and desist" or "notice to correct".
Formal Notice of Violation (NOV) which requires specified corrective actions to be undertaken.
Final Notice Prior to Court Action, the final administrative action prior to referral for formal action in the appropriate court of jurisdiction. Consent Agreement, a written agreement [under Section 24-7(15)(c) of Chapter 24 of the Miami-Dade County Code] between the department and the responsible party which, as a lawful order of the Director of the department, provides written assurance of voluntary compliance with Chapter 24, Miami-Dade County Environmental Protection Ordinance.
Formalized enforcement actions
- Uniform Civil Violation Notice (UCVN or Ticket), which requires correction of the violation and mandatory payment of civil penalty as specified in Chapter 8CC of the Miami-Dade County Code. Appeals by the violator(s) may be made before a Hearing Officer.
Criminal Complaint, filed by the Office of the State Attorney for which a judge may impose penalties equivalent to second degree misdemeanors (up to $500 and up to 60 days in jail). Certain violations which are more serious may result in felony charges being filed by the Office of the State Attorney.
Civil Complaint, filed by the Office of the Miami-Dade County Attorney, is typically a lawsuit in the form of a request for injunctive relief whereby the court can order compliance with Chapter 24, prohibit violations, establish liability, and impose a civil penalty of up to $25,000 per day per offense. This course of action is most frequently taken in complex cases involving the performance of substantial corrective measures, such as hazardous waste site cleanup, the cessation of major air pollution discharges and the large-scale destruction of natural ecosystems (i.e. major mangrove cutting, wetlands destruction, dredging in Biscayne Bay, etc.).
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