§ 2-244. Administrative fines; costs of repair; liens.

(a)

Upon notification by the code compliance or animal control officer that an order of the code enforcement board has not been complied with within the time set or upon finding that a repeat violation has been committed, the code enforcement board may order the violator to pay a fine in an amount specified in subsection (b) of this section for each day the violation continues past the date set for compliance or, for a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation. In addition, if the violation is a violation described in section 2-242(e), the code enforcement board shall notify the board of county commissioners, which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable cost, along with the fine imposed, pursuant to subsection (b) of this section. If a finding of a violation or a repeat violation has been made as provided in this section, 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 pursuant to subsection (b) of this section.

(b)

Determination of the amount of the fine shall be as follows:

(1)

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 the costs of repairs described in 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.

(2)

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

a.

The gravity of the violation;

b.

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

c.

Any previous violations committed by the violator.

(3)

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

(c)

A certified copy of an order imposing a fine may be recorded in the public records of the county 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 personal property, but such order shall not be deemed otherwise to be a judgment of a court, except for enforcement purposes. A lien arising from a fine imposed pursuant to this section runs in favor of the board of county commissioners, and the board of county commissioners may execute a satisfaction or release of lien entered pursuant to this section. 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 to foreclose on a lien filed pursuant to this section, whichever occurs first. After three months from the filing of any such lien which remains unpaid, the code enforcement board may authorize the county attorney's office to foreclose on the lien; however, no lien may be foreclosed on real property which is a homestead under Fla. Const. art. X, § 4.

(d)

No lien created by this section shall continue for a longer period than 20 years after the certified copy of an order imposing a fine has been recorded in the public records of the county, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that the party incurs in the foreclosure. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for value consideration without notice, unless a notice of lis pendens is recorded.

(Code 1970, § 1-108; Ord. No. 86-29, § 8, 10-7-86; Ord. No. 89-23, § 7, 12-19-89; Ord. No. 96-20, § 1, 11-6-96)

State law reference

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