Miami-Dade Legislative Item
File Number: 032717
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File Number: 032717 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Governmental Operations and Environment Committee
File Name: COURTESY NOTICE PRIOR TO ISSUANCE OF NOTICE OF VIOLATION Introduced: 10/2/2003
Requester: NONE Cost: Final Action:
Agenda Date: Agenda Item Number:
Notes: Title: RESOLUTION REQUIRING COURTESY NOTICE PRIOR TO THE ISSUANCE OF A NOTICE OF VIOLATION RELATING TO CODE ENFORCEMENT PURSUANT TO CHAPTER 8CC OF THE CODE AND PROVIDING FOR SERVICE OF NOTICES
Indexes: VIOLATIONS
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Governmental Operations and Environment Committee 10/14/2003 3D Amended
REPORT: (See Agenda Item 3D as amended, Legislative File No. 032886).

County Attorney 10/2/2003 Assigned Governmental Operations and Environment Committee 10/14/2003

County Attorney 10/2/2003 Assigned Hugo Benitez

Legislative Text


TITLE
RESOLUTION REQUIRING COURTESY NOTICE PRIOR TO THE ISSUANCE OF A NOTICE OF VIOLATION RELATING TO CODE ENFORCEMENT PURSUANT TO CHAPTER 8CC OF THE CODE AND PROVIDING FOR SERVICE OF NOTICES

BODY
WHEREAS, Chapter 8CC of the Code of Miami-Dade County provides for the enforcement of Code violations through the issuance of civil violation notices; and
WHEREAS, Chapter 8CC requires the delivery of civil violation notices; and
WHEREAS, the issuance of a courtesy notice, which is not required by the Code, prior to the issuance of the civil violation notice, will foster greater voluntary compliance with code requirements and will promote a more cost effective and efficient enforcement mechanism; and
WHEREAS, pursuant to Chapter 8CC the notice of civil violation may result in liens over the offending property; and
WHEREAS, as a result and to promote greater voluntary compliance, notices should be delivered not only to the violator but also to the owner of the offending structure,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The County shall deliver a courtesy notice prior to the issuance of any notice of violation pursuant to Chapter 8CC of the Code of Miami-Dade County. The courtesy notice shall have the same contents and be delivered in the same manner as the notice of violation provided for in the Code, except that it shall not carry any penalty beyond that which may be effected through subsequent notice of violation.
Section 2. In addition to other notices required by the Code, all notices provided for under Chapter 8CC and this resolution shall be delivered to the owner of the offending structure as reflected in the County real property tax records maintained pursuant to Section 197.344 of the Florida Statutes, as the same may be amended or renumbered.
Section 3. The provisions of this resolution shall not apply in case of emergency action. This resolution is intended to improve voluntary compliance through courtesy notification. Accordingly, it is directory to the County Manager and staff only, and shall not serve as the basis of challenge of County enforcement action by third parties, which challenges must be premised solely on the standards for notice set forth in Chapter 8CC of the Code of Miami-Dade County.



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