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IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 09-36802 CA 11
WAREHOUSE 1050 CORP.,
J AND J REFRIGERATION SUPPLY,
INC., and AME MANUFACTURING
CORP.,
Plaintiffs,
v.
WALTER J. WILLIAMS, FLORIDA SOL
CORP., et al.,
Defendants.
€0:2iWd 6- 930 6102
MOTION TO DISMISS AMENDED COMPLAINT AND FOR SANCTIONS
Miami-Dade County hereby moves to dismiss the amended complaint and as grounds
states:
1.
Plaintiffs have a warehouse that allegedly suffered substantial damaged in
Hurricane Wilma.
2. To recover for the damages to their property, Plaintiffs have sued have sued one
hundred and eight (108) defendants, including Miami-Dade County.
3. The Plaintiffs’ complaint was dismissed by this Court because it referred to
various, non-existent Miami-Dade County ordinances that purportedly gave a cable company a
right to place cables on Plaintiffs’ personal property, when, in fact, no such ordinances exist.
guoggs vos 03MPage 2 e @
Case No. : 09-36802 CA 11
Motion to Dismiss Amended Complaint
The Court granted the Plaintiffs leave to amend but specifically ordered that any such amended
complaint must cite to “specific law, rule or regulation” upon which the Plaintiffs rely.
4. In regards to its cause of action against Miami-Dade County, the amended
complaint cites to two sections of the Miami-Dade County Code. Neither section stands for the
proposition for which Plaintiff cites it. Neither section has anything to do with this case.
5. Plaintiff first cites to § 19-10 of the Miami-Dade County Code. Plaintiff claims
that “section 19-10 of the Miami Dade County ordinance makes it unlawful to tamper with
utility service.” Amended Compel. at para. 88 and 99. This is completely untrue. § 19-10 of
the Miami-Dade County Code deals with “flammable rubbish.” A copy is attached to this
motion as exhibit “A.”
6. Plaintiffs next cite to § 11-10 of the Miami-Dade County Code. Plaintiff claims
that “section 11-10 of the Miami Dade County ordinance mandates that the City require as part
of a license agreement with a cable television, that the cable company post a security fund....”
Amended Complaint at para. 89 and 90. This is also completely untrue. § 11-10 of the Miami-
Dade County Code deals with a “Driver’s Education Safety Trust Fund.” A copy is attached to
this motion as exhibit “B.”
7. Plaintiffs also refer to section 806.13 of Florida Statutes, which prohibits
criminal mischief. The Complaint makes reference to “the police” citing to this section, but
never identifies to what government “the police” belong, whether State of Florida, City of
Miami, Miami-Dade County, or some other jurisdiction. Amended Complaint at para. 89 and
90. Specifically, the Amended Complaint never alleges that “the police” involved were Miami-
Dade County police. Jd. Even assuming the actions by “the police” are a basis for liability,
Miami-Dade County cannot be found liable because of actions taken by the police of anotherPage 3 e @
Case No. : 09-36802 CA 11
Motion to Dismiss Amended Complaint
jurisdiction or even an unidentified jurisdiction in citing to a state statute. These allegations are
therefore also frivolous if, in fact, they are even intended to state a cause of action against
Defendant Miami-Dade County.
8. After being specifically ordered by this Court to cite to the specific, law, rule, or
regulation upon which it based its claim against the County, the Plaintiffs either knowingly or
recklessly made fake, false, nonsensical citations to ordinances that had nothing to do with
anything relating to this case. This smacks of bad faith and a fraud upon the Court.
9. Likewise a general reference to “police” from some unidentified department
making a “citation” to a state criminal mischief statute in no way states a cause of action upon
which Miami-Dade County can be held liable for a taking or inverse condemnation.
10. Plaintiffs Amended Complaint therefore directly disobeys this Court’s order to
identify the specific law, statutes or regulations and also fails to state a cause of action.
WHEREFORE Miami-Dade County respectfully requests the Court to dismiss the
Complaint against Miami-Dade County, and award Miami-Dade County its cost and fees
incurred in this litigation.Page 4 e @
Case No. : 09-36802 CA 11
Motion to Dismiss Amended Complaint
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed on this
G | day of December, 2010, to all parties on the attached Service List.
R. A. CUEVAS, JR.
Miami-Dade County Attorney
Stephen P. Clark Center
111 N.W. 1“ Street, Suite 2810
Miami, Florida 33128
By:
Thomas W. Logue
Assistant County Attorney
Florida Bar No. 357774
Phone: (305) 375-5151
Fax: (305) 375-5634
Email: | LOGUE@miamidade.govPage 5
Case No. : 09-36802 CA 11
Motion to Dismiss Amended Complaint
SERVICE LIST
Mark L. Pomeranz, Esquire
Pomeranz & Associates, P.A.
1920 East Hallandale Beach Boulevard
Suite 802
Hallandale, Florida 33009
Julie O. Bru, City Attorney
Warren Bittner, Deputy City Attorney
444 S.W. 2™ Avenue
Suite 945
Miami, Florida 33130
Ryan G. Prescott, Esquire
Moore Ingram Johnson & Steele, L.L.P.
Emerson Overlook
326 Roswell Street
Marietta, GA 30060
Luis N. Perez, Esquire
Perez, Goran & Rodriguez, P.A.
95 Merrick Way
Suite 610
Coral Gables, Florida 33134
Steven J. Lachterman, Esquire
Steven J. Lachterman, P.A.
2655 Le Jeune Road
Penthouse 1-D
Coral Gables, Florida 33134Municode ® @ Page 1 of 12
Miami - Dade County, Florida, Code of Ordinances >> PART Ill - CODE OF ORDINANCES >>
Chapter 19 - RESPONSIBLE PROPERTY OWNER AND MERCHANT ACT >>
Chapter 19 - RESPONSIBLE PROPERTY OWNER AND MERCHANT ACT /213]
http://ibrary.municode.com/print.asp:
Sec. 19-1. - Short title; application of chapter.
Sec. 19-2. - Declaration of legislative intent,
Sec. 19-4. - Responsibility for compliance,
Sec. 19-4.1. - Unimproved subdivided lots; Method of enforcement.
Sec. 19-4.4. - Appellate Procedures for Civil Penalty—First-Time Violator, Time for correction.
Sec, 19-4.5, - Appellate Procedures for Civil Penalty—Repeat Violator; Time for Correction.
Time for Correction Upon Finding of Gui.
Sec. 19-4.7. - County's Authority to Abate Public Nuisance.
letro Director; Enforcement P
Sec. 19-7. - Reserved.
ing junk or trash; depositing junk; char
cts, prohibition on expansion of existing junkyar
Sec. 19-9. - Solid waste disposal,
Sec. 19-10. - Flammable rubbish.
istics of junk property; application to all zoning districts, prohibition of junk yards in
nonresidential districts.
R Zoned Districts.
commercial Premises.
Sec. 19-15.1. - Owner Respor
- Compliance with t
of Informational or Directional Signs.
nance of Signs.
ntrance and Egress; Exterior Pedestrian Walkways, Parking Lots, Green Areas And Public Rights-Of-Way.
xterior Building Surfaces.
laintenance of Masonry Walls, Fences, Landscape Buffers and Entrance Features
. - Short title; application of chapter.
This chapter shall be known as the Responsible Property Owner and Merchant Act and shall be
applicable as the minimum standard in the unincorporated areas of Miami-Dade County, Florida.
(Ord, No. 03-160, §§ 1, 2, 7-8-03)
I Sec. 19-2. - Declaration of legislative intent.
The Board finds and determines that the neglect of property by property owners and the rapid,
continuous growth and urban development of the unincorporated areas of this County require the reasonable
and effective control and regulation of excessive growth and accumulation of weeds, and other certain plant life
to the extent and in such manner as to cause infestation by rodents and feral animals, the breeding of
mosquitoes and vermin, or to threatey " Ith, or otherwise adversely affect the welfare
[Request=http%3a%2f%2fli... 12/3/2010+ Municode e e@ Page 6 of 12
(Ord. No. 03-160, §§ 1, 2, 7-8-03; Ord. No. 08-134, § 6, 12-2-08)
| Sec. 19-6. - Team Metro Director; Enforcement Power and Duties.
The Director shall be responsible for the enforcement of this Chapter and shall have the authority to
amend and modify the administration of the Department's operating procedures to carry out this Chapter.
(Ord. No. 03-160, §§ 1, 2, 7-8-03)
I Sec. 19-7. - Reserved.
9-8. - Storing junk or trash; depositing junk; characteristics of junk property;
application to all zoning districts; prohibition of junk yards in residential districts;
prohibition on expansion of existing junkyards in nonresidential districts.
{A) _ Notwithstanding the maintenance schedules in this chapter, it shall be unlawful to deposit, store,
or maintain, or to permit to be deposited, stored, or maintained, junk as defined in Sec. 19.3(J) of
this Code, in or on any lot, parcel or tract of land or body of water in any zoning district, except within a
legally established junkyard. The deposit of junk in a location authorized for waste collection is exempted
from this section, provided the junk is not or does not become a nuisance, and provided the junk is
collected by Miami-Dade County or a County-authorized commercial waste collector.
(B) Pursuant to Miami-Dade County Code Sec. 33-15, no junkyard shall be permitted in a residential
district.
(C) Junk property which would be visible, at ground level, from a street or other public or private
property but for the concealment of such junk property behind a wall, fence, hedge or other plant material
or by the use of a vehicle cover, plastics, fabrics or other materials to form a tent, curtain partition or
similar makeshift structure or device, shall be subject to this section.
(Ord. No. 03-160, §§ 1, 2, 7-8-03; Ord. No. 04-90, § 2, 5-11-04)
| Sec. 19-9. - Solid waste disposal.
The depositing, storage, keeping, maintaining or disposal of Solid Waste on any lot shall conform to the
provisions set forth in Chapter 15 of the Miami-Dade County Code.
(Ord. No. 03-160, §§ 1, 2, 7-8-03)
| Sec. 19-10. - Flammable rubbish.
Waste paper, boxes, shavings, rubbish or other flammable materials, shall not be allowed to accumulate
on any lots. Brush, wood, and other flammable material shall not be allowed within fifty (50) feet of containers of
gas, gasoline, dynamite or other highly flammable or explosive materials.
(Ord. No. 03-160, §§ 1, 2, 7-8-03)
Sec. 19-11. - Construction materials on premises before permit issued; removal of
materials.
Construction materials and equipment shail not be deposited on any lot in any zoning district prior to the
obtaining of a building permit. Surplus materials and construction equipment shall be removed from the
premises before occupancy of the completed structure is approved and shall be removed even if the job is
abandoned or the permit lapses.
(Ord. No. 03-160, §§ 1, 2, 7-8-03; Ord. No. 04-90, § 3, 5-11-04)
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MIAMI - DADE COUNTY, FLORIDA - CODE OF ORDINANCES >>PART Ill - CODE OF ORDINANCES
>>CHAPTER 11 - COURTS >>ARTICLE |. - IN GENERAL
Select the documents you wish to print.
Your current document has been pre-selected for you.
a Print
_ (ARTICLE I, - IN GENERAL
Li tl Sec, 11-1. - Group classification for Official Court Reporters; supplemental annual compensation.
jad 0 Sec. 11-2. - Assessment of additional court costs in criminal Proceedings; disposition and use.
Cl Sec. 11-3. - Increase in certain filing charges in the Circuit and County Courts; use.
Cc Sec. 11-4. - Additional costs; surcharges upon fines and bail bonds.
im Sec, 11-4.1. - Imposition of additional cost to person found guilty of misdemeanor involving the unlawful
| Sec, 11-4.2. - Imposition of additional assessment to person found guilty of criminal offense involving dri
11-5. - Jury commission abolished.
. 11-6. - Additional court costs for the Juvenile Assessment Center.
ca Oo Sec. 11-7. - Fines for crime prevention programs.
CI sec. 11-8. - Additional court costs for Teen Court.
« i! Sec, 11-9, - Additional Mediation and Arbitration Service Charges.
v Sec. 11-10. - Drivers Education Safety Trust Fund.
Oo Sec. 11-11. - Additional court costs in criminal proceedings.
_ [.] Sec. 11-12. - Additional surcharge for court facilities.
[1 Sec. 11-13, - Additional surcharge in criminal proceedings.
(4 Sec, 11-14. - Additional civil and criminal traffic infraction surcharge.
_ (| secs, 11-15—11-20, - Reserved.
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(Ord. No. 01-141, § 1, 9-13-01)
Sec. 11-10. - Drivers Education Safety Trust Fund.
(A) Pursuant to Section 98 of Chapter 2002-20, Laws of Florida, the clerk of the court is hereby
directed to collect an additional three dollars ($3.00) with each civil traffic penalty. Notwithstanding
the aforegoing, this section shall not be construed to apply to parking violations.
(B) Funds collected by the clerk pursuant to this section shall be forwarded to the County and
deposited into a separate account to be used to financially assist driver education programs in the public
and non-public schools. It is further provided that such funds shall be used for direct educational
expenses and shall not be used for administration.
(C) In order to receive grants from the Driver Education Safety Trust Fund, programs shail be selected
as program recipients on the basis of selection procedures which shall be developed by the County
Manager and approved by resolution of the Board of County Commissioners. Final grant approvals shall
be made by the Board of County Commissioners on an annual basis upon recommendation by the
County Manager.
(Ord. No. 02-167, § 2, 9-24-02)
Sec. 11-11. - Additional court costs in criminal proceedings.
In addition to any other fine, penalty, or cost imposed by any other provision of law, a sixty-five dollar
($65.00) court cost is hereby imposed upon any conviction, plea of nolo contendere or finding of guilt,
tegardless of whether adjudication is withheld, for each felony, misdemeanor, or criminal traffic offense, The
court shall not waive this court cost. The Clerk of the Court shall collect the sixty-five dollar ($65.00)
assessments for court costs established in this section and shall remit it to Miami-Dade County. All proceeds
collected shall be allocated as follows:
(a) Twenty-five percent (25%) of the amount collected shall be allocated to fund
innovations to supplement state funding for the elements of the state court system
identified in Section 29.004, Florida Statutes, as amended from time to time, and county funding
for local requirements under Section 29.008(2)(a)2, as amended from time to time.
({b) Twenty-five percent (25%) of the amount collected shall be allocated to assist legal
aid programs.
(c) Twenty-five percent (25%) of the amount collected shall be allocated to fund
personnel and legal materials for the law library.
(d) Twenty-five percent (25%) of the amount collected shall be allocated to support teen
court programs, the Juvenile Assessment Center or other juvenile alternative programs.
(Ord. No. 04-116, § 1, 6-8-04)
Sec. 11-12. - Additional surcharge for court facilities.
In addition to any other fine, penalty, or cost imposed by any other provision of law, a thirty dollar
($30.00) surcharge is hereby imposed upon any conviction or finding of guilt, regardless of whether adjudication
is withheld, on each civil traffic infraction referenced in section 318.14, Florida Statutes, as amended from time
to time, and upon any conviction, plea of nolo contendere or finding of guilt, regardless of whether adjudication
is withheld, on each criminal traffic violation referenced in section 318.17, Florida Statutes, as amended from
time to time. The court shall not waive this surcharge. The Clerk of the Court shall collect the thirty dollar
($30.00) surcharge established in this section and shall remit it to Miami-Dade County. All proceeds from this
surcharge shall be used to fund state court facilities as required by general law. The funding of state court
facilities includes but is not limited to payment of debt service on any bonds issued to finance state court
facilities. It is the intent of the Board that $15.00 of the $30.00 surcharge be used to pay principal and interest
on bonds for the Children’s Courthouse and other costs related to the Children's Courthouse.
(Ord. No. 04-116, § 1, 6-8-04; Ord. No. 09-72, § 1, 9-1-09)
Sec. 11-13. - Additional surcharge in criminal proceedings.
In addition to any other fine, penalty, or cost imposed by any other provision of law, an eighty-five dollar
($85.00) surcharge is hereby imposed upon any conviction, plea of nolo contendere or finding of guilt,
regardless of whether adjudication is withheld, for each felony, misdemeanor, or criminal traffic offense. The
court shall not waive this court cost. The Clerk of the Court shall collect, unless there has been a determination
of indigency, the eighty-five dollar ($85.00) surcharge established in this section and shall remit it to Miami-
Dade County.
(Ord. No. 05-123, § 1, 6-23-05; Ord. No, 09-72, § 1, 9-1-09)
http:/Mibrary.municode.com/HTML/10620/level3/PTUICOOR_CH11CO_ARTIINGE.html — 12/3/2010
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IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 09-36802 CA 11 WAREHOUSE 1050 CORP., J AND J REFRIGERATION SUPPLY, INC., and AME MANUFACTURING CORP., Plaintiffs, v. WALTER J. WILLIAMS, FLORIDA SOL CORP., et al., Defendants. €0:2iWd 6- 930 6102 MOTION TO DISMISS AMENDED COMPLAINT AND FOR SANCTIONS Miami-Dade County hereby moves to dismiss the amended complaint and as grounds states: 1. Plaintiffs have a warehouse that allegedly suffered substantial damaged in Hurricane Wilma. 2. To recover for the damages to their property, Plaintiffs have sued have sued one hundred and eight (108) defendants, including Miami-Dade County. 3. The Plaintiffs’ complaint was dismissed by this Court because it referred to various, non-existent Miami-Dade County ordinances that purportedly gave a cable company a right to place cables on Plaintiffs’ personal property, when, in fact, no such ordinances exist. guoggs vos 03MPage 2 e @ Case No. : 09-36802 CA 11 Motion to Dismiss Amended Complaint The Court granted the Plaintiffs leave to amend but specifically ordered that any such amended complaint must cite to “specific law, rule or regulation” upon which the Plaintiffs rely. 4. In regards to its cause of action against Miami-Dade County, the amended complaint cites to two sections of the Miami-Dade County Code. Neither section stands for the proposition for which Plaintiff cites it. Neither section has anything to do with this case. 5. Plaintiff first cites to § 19-10 of the Miami-Dade County Code. Plaintiff claims that “section 19-10 of the Miami Dade County ordinance makes it unlawful to tamper with utility service.” Amended Compel. at para. 88 and 99. This is completely untrue. § 19-10 of the Miami-Dade County Code deals with “flammable rubbish.” A copy is attached to this motion as exhibit “A.” 6. Plaintiffs next cite to § 11-10 of the Miami-Dade County Code. Plaintiff claims that “section 11-10 of the Miami Dade County ordinance mandates that the City require as part of a license agreement with a cable television, that the cable company post a security fund....” Amended Complaint at para. 89 and 90. This is also completely untrue. § 11-10 of the Miami- Dade County Code deals with a “Driver’s Education Safety Trust Fund.” A copy is attached to this motion as exhibit “B.” 7. Plaintiffs also refer to section 806.13 of Florida Statutes, which prohibits criminal mischief. The Complaint makes reference to “the police” citing to this section, but never identifies to what government “the police” belong, whether State of Florida, City of Miami, Miami-Dade County, or some other jurisdiction. Amended Complaint at para. 89 and 90. Specifically, the Amended Complaint never alleges that “the police” involved were Miami- Dade County police. Jd. Even assuming the actions by “the police” are a basis for liability, Miami-Dade County cannot be found liable because of actions taken by the police of anotherPage 3 e @ Case No. : 09-36802 CA 11 Motion to Dismiss Amended Complaint jurisdiction or even an unidentified jurisdiction in citing to a state statute. These allegations are therefore also frivolous if, in fact, they are even intended to state a cause of action against Defendant Miami-Dade County. 8. After being specifically ordered by this Court to cite to the specific, law, rule, or regulation upon which it based its claim against the County, the Plaintiffs either knowingly or recklessly made fake, false, nonsensical citations to ordinances that had nothing to do with anything relating to this case. This smacks of bad faith and a fraud upon the Court. 9. Likewise a general reference to “police” from some unidentified department making a “citation” to a state criminal mischief statute in no way states a cause of action upon which Miami-Dade County can be held liable for a taking or inverse condemnation. 10. Plaintiffs Amended Complaint therefore directly disobeys this Court’s order to identify the specific law, statutes or regulations and also fails to state a cause of action. WHEREFORE Miami-Dade County respectfully requests the Court to dismiss the Complaint against Miami-Dade County, and award Miami-Dade County its cost and fees incurred in this litigation.Page 4 e @ Case No. : 09-36802 CA 11 Motion to Dismiss Amended Complaint CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed on this G | day of December, 2010, to all parties on the attached Service List. R. A. CUEVAS, JR. Miami-Dade County Attorney Stephen P. Clark Center 111 N.W. 1“ Street, Suite 2810 Miami, Florida 33128 By: Thomas W. Logue Assistant County Attorney Florida Bar No. 357774 Phone: (305) 375-5151 Fax: (305) 375-5634 Email: | LOGUE@miamidade.govPage 5 Case No. : 09-36802 CA 11 Motion to Dismiss Amended Complaint SERVICE LIST Mark L. Pomeranz, Esquire Pomeranz & Associates, P.A. 1920 East Hallandale Beach Boulevard Suite 802 Hallandale, Florida 33009 Julie O. Bru, City Attorney Warren Bittner, Deputy City Attorney 444 S.W. 2™ Avenue Suite 945 Miami, Florida 33130 Ryan G. Prescott, Esquire Moore Ingram Johnson & Steele, L.L.P. Emerson Overlook 326 Roswell Street Marietta, GA 30060 Luis N. Perez, Esquire Perez, Goran & Rodriguez, P.A. 95 Merrick Way Suite 610 Coral Gables, Florida 33134 Steven J. Lachterman, Esquire Steven J. Lachterman, P.A. 2655 Le Jeune Road Penthouse 1-D Coral Gables, Florida 33134Municode ® @ Page 1 of 12 Miami - Dade County, Florida, Code of Ordinances >> PART Ill - CODE OF ORDINANCES >> Chapter 19 - RESPONSIBLE PROPERTY OWNER AND MERCHANT ACT >> Chapter 19 - RESPONSIBLE PROPERTY OWNER AND MERCHANT ACT /213] http://ibrary.municode.com/print.asp: Sec. 19-1. - Short title; application of chapter. Sec. 19-2. - Declaration of legislative intent, Sec. 19-4. - Responsibility for compliance, Sec. 19-4.1. - Unimproved subdivided lots; Method of enforcement. Sec. 19-4.4. - Appellate Procedures for Civil Penalty—First-Time Violator, Time for correction. Sec, 19-4.5, - Appellate Procedures for Civil Penalty—Repeat Violator; Time for Correction. Time for Correction Upon Finding of Gui. Sec. 19-4.7. - County's Authority to Abate Public Nuisance. letro Director; Enforcement P Sec. 19-7. - Reserved. ing junk or trash; depositing junk; char cts, prohibition on expansion of existing junkyar Sec. 19-9. - Solid waste disposal, Sec. 19-10. - Flammable rubbish. istics of junk property; application to all zoning districts, prohibition of junk yards in nonresidential districts. R Zoned Districts. commercial Premises. Sec. 19-15.1. - Owner Respor - Compliance with t of Informational or Directional Signs. nance of Signs. ntrance and Egress; Exterior Pedestrian Walkways, Parking Lots, Green Areas And Public Rights-Of-Way. xterior Building Surfaces. laintenance of Masonry Walls, Fences, Landscape Buffers and Entrance Features . - Short title; application of chapter. This chapter shall be known as the Responsible Property Owner and Merchant Act and shall be applicable as the minimum standard in the unincorporated areas of Miami-Dade County, Florida. (Ord, No. 03-160, §§ 1, 2, 7-8-03) I Sec. 19-2. - Declaration of legislative intent. The Board finds and determines that the neglect of property by property owners and the rapid, continuous growth and urban development of the unincorporated areas of this County require the reasonable and effective control and regulation of excessive growth and accumulation of weeds, and other certain plant life to the extent and in such manner as to cause infestation by rodents and feral animals, the breeding of mosquitoes and vermin, or to threatey " Ith, or otherwise adversely affect the welfare [Request=http%3a%2f%2fli... 12/3/2010+ Municode e e@ Page 6 of 12 (Ord. No. 03-160, §§ 1, 2, 7-8-03; Ord. No. 08-134, § 6, 12-2-08) | Sec. 19-6. - Team Metro Director; Enforcement Power and Duties. The Director shall be responsible for the enforcement of this Chapter and shall have the authority to amend and modify the administration of the Department's operating procedures to carry out this Chapter. (Ord. No. 03-160, §§ 1, 2, 7-8-03) I Sec. 19-7. - Reserved. 9-8. - Storing junk or trash; depositing junk; characteristics of junk property; application to all zoning districts; prohibition of junk yards in residential districts; prohibition on expansion of existing junkyards in nonresidential districts. {A) _ Notwithstanding the maintenance schedules in this chapter, it shall be unlawful to deposit, store, or maintain, or to permit to be deposited, stored, or maintained, junk as defined in Sec. 19.3(J) of this Code, in or on any lot, parcel or tract of land or body of water in any zoning district, except within a legally established junkyard. The deposit of junk in a location authorized for waste collection is exempted from this section, provided the junk is not or does not become a nuisance, and provided the junk is collected by Miami-Dade County or a County-authorized commercial waste collector. (B) Pursuant to Miami-Dade County Code Sec. 33-15, no junkyard shall be permitted in a residential district. (C) Junk property which would be visible, at ground level, from a street or other public or private property but for the concealment of such junk property behind a wall, fence, hedge or other plant material or by the use of a vehicle cover, plastics, fabrics or other materials to form a tent, curtain partition or similar makeshift structure or device, shall be subject to this section. (Ord. No. 03-160, §§ 1, 2, 7-8-03; Ord. No. 04-90, § 2, 5-11-04) | Sec. 19-9. - Solid waste disposal. The depositing, storage, keeping, maintaining or disposal of Solid Waste on any lot shall conform to the provisions set forth in Chapter 15 of the Miami-Dade County Code. (Ord. No. 03-160, §§ 1, 2, 7-8-03) | Sec. 19-10. - Flammable rubbish. Waste paper, boxes, shavings, rubbish or other flammable materials, shall not be allowed to accumulate on any lots. Brush, wood, and other flammable material shall not be allowed within fifty (50) feet of containers of gas, gasoline, dynamite or other highly flammable or explosive materials. (Ord. No. 03-160, §§ 1, 2, 7-8-03) Sec. 19-11. - Construction materials on premises before permit issued; removal of materials. Construction materials and equipment shail not be deposited on any lot in any zoning district prior to the obtaining of a building permit. Surplus materials and construction equipment shall be removed from the premises before occupancy of the completed structure is approved and shall be removed even if the job is abandoned or the permit lapses. (Ord. No. 03-160, §§ 1, 2, 7-8-03; Ord. No. 04-90, § 3, 5-11-04) http:/Mibrary.municode.com/print.aspx?clientID=10620&HTMRequest=http%3a%2f%2fli... 12/3/2010Municode - Print Page 1 of 1 MIAMI - DADE COUNTY, FLORIDA - CODE OF ORDINANCES >>PART Ill - CODE OF ORDINANCES >>CHAPTER 11 - COURTS >>ARTICLE |. - IN GENERAL Select the documents you wish to print. Your current document has been pre-selected for you. a Print _ (ARTICLE I, - IN GENERAL Li tl Sec, 11-1. - Group classification for Official Court Reporters; supplemental annual compensation. jad 0 Sec. 11-2. - Assessment of additional court costs in criminal Proceedings; disposition and use. Cl Sec. 11-3. - Increase in certain filing charges in the Circuit and County Courts; use. Cc Sec. 11-4. - Additional costs; surcharges upon fines and bail bonds. im Sec, 11-4.1. - Imposition of additional cost to person found guilty of misdemeanor involving the unlawful | Sec, 11-4.2. - Imposition of additional assessment to person found guilty of criminal offense involving dri 11-5. - Jury commission abolished. . 11-6. - Additional court costs for the Juvenile Assessment Center. ca Oo Sec. 11-7. - Fines for crime prevention programs. CI sec. 11-8. - Additional court costs for Teen Court. « i! Sec, 11-9, - Additional Mediation and Arbitration Service Charges. v Sec. 11-10. - Drivers Education Safety Trust Fund. Oo Sec. 11-11. - Additional court costs in criminal proceedings. _ [.] Sec. 11-12. - Additional surcharge for court facilities. [1 Sec. 11-13, - Additional surcharge in criminal proceedings. (4 Sec, 11-14. - Additional civil and criminal traffic infraction surcharge. _ (| secs, 11-15—11-20, - Reserved. Note: You must remove pop-up blocking to view Printer Friendly version. http://library.municode.com/print.aspx?clientID=10620&HTMRequest=http://library.muni... 12/3/2010ARTICLE I. - INGENERAL Page 6 of 7 (Ord. No. 01-141, § 1, 9-13-01) Sec. 11-10. - Drivers Education Safety Trust Fund. (A) Pursuant to Section 98 of Chapter 2002-20, Laws of Florida, the clerk of the court is hereby directed to collect an additional three dollars ($3.00) with each civil traffic penalty. Notwithstanding the aforegoing, this section shall not be construed to apply to parking violations. (B) Funds collected by the clerk pursuant to this section shall be forwarded to the County and deposited into a separate account to be used to financially assist driver education programs in the public and non-public schools. It is further provided that such funds shall be used for direct educational expenses and shall not be used for administration. (C) In order to receive grants from the Driver Education Safety Trust Fund, programs shail be selected as program recipients on the basis of selection procedures which shall be developed by the County Manager and approved by resolution of the Board of County Commissioners. Final grant approvals shall be made by the Board of County Commissioners on an annual basis upon recommendation by the County Manager. (Ord. No. 02-167, § 2, 9-24-02) Sec. 11-11. - Additional court costs in criminal proceedings. In addition to any other fine, penalty, or cost imposed by any other provision of law, a sixty-five dollar ($65.00) court cost is hereby imposed upon any conviction, plea of nolo contendere or finding of guilt, tegardless of whether adjudication is withheld, for each felony, misdemeanor, or criminal traffic offense, The court shall not waive this court cost. The Clerk of the Court shall collect the sixty-five dollar ($65.00) assessments for court costs established in this section and shall remit it to Miami-Dade County. All proceeds collected shall be allocated as follows: (a) Twenty-five percent (25%) of the amount collected shall be allocated to fund innovations to supplement state funding for the elements of the state court system identified in Section 29.004, Florida Statutes, as amended from time to time, and county funding for local requirements under Section 29.008(2)(a)2, as amended from time to time. ({b) Twenty-five percent (25%) of the amount collected shall be allocated to assist legal aid programs. (c) Twenty-five percent (25%) of the amount collected shall be allocated to fund personnel and legal materials for the law library. (d) Twenty-five percent (25%) of the amount collected shall be allocated to support teen court programs, the Juvenile Assessment Center or other juvenile alternative programs. (Ord. No. 04-116, § 1, 6-8-04) Sec. 11-12. - Additional surcharge for court facilities. In addition to any other fine, penalty, or cost imposed by any other provision of law, a thirty dollar ($30.00) surcharge is hereby imposed upon any conviction or finding of guilt, regardless of whether adjudication is withheld, on each civil traffic infraction referenced in section 318.14, Florida Statutes, as amended from time to time, and upon any conviction, plea of nolo contendere or finding of guilt, regardless of whether adjudication is withheld, on each criminal traffic violation referenced in section 318.17, Florida Statutes, as amended from time to time. The court shall not waive this surcharge. The Clerk of the Court shall collect the thirty dollar ($30.00) surcharge established in this section and shall remit it to Miami-Dade County. All proceeds from this surcharge shall be used to fund state court facilities as required by general law. The funding of state court facilities includes but is not limited to payment of debt service on any bonds issued to finance state court facilities. It is the intent of the Board that $15.00 of the $30.00 surcharge be used to pay principal and interest on bonds for the Children’s Courthouse and other costs related to the Children's Courthouse. (Ord. No. 04-116, § 1, 6-8-04; Ord. No. 09-72, § 1, 9-1-09) Sec. 11-13. - Additional surcharge in criminal proceedings. In addition to any other fine, penalty, or cost imposed by any other provision of law, an eighty-five dollar ($85.00) surcharge is hereby imposed upon any conviction, plea of nolo contendere or finding of guilt, regardless of whether adjudication is withheld, for each felony, misdemeanor, or criminal traffic offense. The court shall not waive this court cost. The Clerk of the Court shall collect, unless there has been a determination of indigency, the eighty-five dollar ($85.00) surcharge established in this section and shall remit it to Miami- Dade County. (Ord. No. 05-123, § 1, 6-23-05; Ord. No, 09-72, § 1, 9-1-09) http:/Mibrary.municode.com/HTML/10620/level3/PTUICOOR_CH11CO_ARTIINGE.html — 12/3/2010