TYPES OF VIOLATIONSThe goal of the Code Compliance Division is compliance. Depending on the nature of the violation, the Code Compliance staff may issue a courtesy notice, provide a warning, or issue a violation. Violations that are life safety or for which immediate compliance is required pursuant to the code, may require immediate compliance. Other violations, such as noise violations, result in an immediate penalty or fine. For other violations, Code Compliance staff may issue a courtesy notice and provide sufficient time for the violation to be remedied; a violation notice would be issued if the violation was not addressed. In all cases when a violation is issued, an appeal may be filed if the violator believes that the violation was issued in error, or additional information would deem the violation invalid. Courtesy notices cannot be appealed.
Courtesy NoticesCourtesy Notices are issued as a result of inspections by a Code Compliance Officer. An inspection can be conducted as a result of a complaint, observation by the Officer or a scheduled annual inspection. Once an area of concern is discovered the following occurs:
ViolationsOnce there is a violation and/or the time period to correct a courtesy notice has expired, the following occurs:
Violations with No Immediate Fine
Code issues a violation, with a compliance date.
The violator corrects the violation by the compliance date or requests an extension. Case is closed when there is compliance.
Failure to correct the violation by the compliance date will result in the case being forwarded to the Special Master for a hearing. If the violator is found guilty by the Special Master a new compliance date is set and a daily fine is ordered for failure to comply. If the violation is corrected by the compliance date, the case is closed.Failure to correct the violation by the compliance date will result in the accrual of a daily fine as ordered by the Special Master.The fine will become a lien on the property.
Violations with an Immediate FineSome City Code violations carry an immediate fine. The fine is identified on the notice of violation. This fine must be paid within the time specified or the violation can be appealed to the Special Master. Paying the fine or failing to appeal the violation within the allowed time is considered an admission of guilt and any subsequent violation will be considered a repeat violation.
Other PenaltiesSome City Code Violations can, under certain circumstances, result in arrest. These include:
This method of enforcement will be identified in the penalty section of the specific section of the City Code. Any Code section, which does not identify a specific penalty, is subject to enforcement under section 1-14 of the Miami Beach Code and can result in an arrest.