§ 2-69. Administrative fines; lien.

(a)

The code enforcement board, upon notification by the code inspector that a previous order of the board has not been complied with by the set time, or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine as specified in subsection (b) of this section if the violation continues past the date set for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in subsection 2-65(d), the code enforcement board shall notify the city commission, which may make all reasonable repairs that are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b) of this section.

(b)

A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation and, in addition, may include all costs of repairs pursuant to subsection (a) of this section. However, if the code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation.

(c)

In determining the amount of the fine, if any, the code enforcement board shall consider the following factors:

(1)

The gravity of the violation;

(2)

Any actions taken by the violator to correct the violation; and

(3)

Any previous violations committed by the violator.

(d)

The code enforcement board may reduce a fine imposed pursuant to this section.

(e)

A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city commission, and the city commission may execute a satisfaction or release of lien entered pursuant to this section.

(f)

After three months from the filing of any such lien, which remains unpaid, the code enforcement board may authorize the city attorney to foreclose or to sue to recover a money judgement for the amount of the lien plus accrued interest. No lien created pursuant to this section may be foreclosed on real property which is a homestead under Article X, § 4, of the State Constitution. The money judgement provision of this section shall not apply to real property or personal property which is covered under Article X, § 4, of the State Constitution.

(g)

No lien filed pursuant to this section shall continue for a period longer than 20 years after the certified copy of any order imposing a fine has been recorded, unless within that time an action is commenced pursuant to F.S. § 162.09(3) in a court of competent jurisdiction. In an action to foreclose on a lien, or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the action. The city commission shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice unless a notice of lis pendens is recorded.

(h)

Actions for money judgments under F.S. ch. 162, may be pursued only on fines levied after October 1, 2000.

(Code 1988, § 2-69; Ord. No. 00-51, §§ I—IV, 10-26-00)

State law reference

Similar provisions, F.S. §§ 162.09, 162.10.