§ 38-211. Administrative fines; liens.

(a)

In addition to any other remedy which may be available, the nuisance abatement board, upon finding noncompliance with its order by the set time, or upon finding that a recurring public nuisance has been committed, may order the owner to pay a fine in an amount specified in this section for each day the public nuisance continues past the date set by the nuisance abatement board for compliance, or, in the case of a recurring public nuisance, for each day the recurring public nuisance continues from the date the recurring public nuisance is found to have occurred.

(b)

A fine imposed pursuant to this section shall not exceed $250.00 per day for a first occurrence of a public nuisance and shall not exceed $500.00 per day for a recurring public nuisance. However, total fines imposed pursuant to this article shall not exceed $15,000.00 per property. In determining the amount of the fine, if any, the nuisance abatement board shall consider the following factors:

(1)

The gravity of the public nuisance;

(2)

Any actions taken by the owner to correct the public nuisance; and

(3)

Any previous public nuisances created by the owner.

The nuisance abatement board may reduce a fine imposed pursuant to this section.

(c)

A certified copy of an order imposing a fine shall be recorded in the public records of Orange County and thereafter shall constitute a lien against the property on which the public nuisance exists and upon any other real or personal property owned by the owner. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs on this state, including levy against personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this article shall continue to accrue until the owner comes into compliance or until the judgment is rendered in a suit to foreclosure on a lien 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, and the city may execute a satisfaction or release of lien pursuant to this section. After three months from the filing of any such lien which remains unpaid, the nuisance abatement board may authorize the city attorney to foreclose on the lien. After the suit for foreclosure has been filed, any offer of settlement may be accepted or rejected by the city manager, or his or her designee, on behalf of the city. Acceptance of a settlement offer wherein the amount of the lien foreclosed by such lawsuit is greater than $15,000.00, shall not be binding upon the city until approved by the city commission. No lien created pursuant to the provisions of this article may be foreclosed on real property which is a homestead under Fla. Const. Art. X, § 4.

(Ord. No. 02-05, § 1, 3-28-02)