§ 2-176. Administrative fines; cost of repairs; liens.

(a)

The code enforcement special magistrate, upon notification by the code inspector that an order of the code enforcement special magistrate has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day 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 past the date of notice to the violator of the repeat violation. In addition, if the violation is a violation described in subsection 2-173(d), the special magistrate shall notify the board of county commissioners, which may make all reasonable repairs which 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, a hearing shall not be necessary for issuance of the order imposing the fine.

(b)

The amount of a fine shall be determined as follows:

(1)

A fine imposed pursuant to this section shall not exceed $1,000.00 per day for a first violation, and shall not exceed $5,000.00 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (a). However, if the special magistrate finds the violation to be irreparable or irreversible in nature, the special magistrate may impose a fine not to exceed $15,000.00 per violation.

(2)

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

a.

The gravity of the violation.

b.

Any actions taken by the violator to correct the violation.

c.

Any previous violations committed by the violator.

(3)

The special magistrate may reduce a fine imposed pursuant to this section until an order imposing the fine as a lien is recorded in the public records.

(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.

(1)

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 division 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.

(2)

A lien arising from a fine imposed pursuant to this section runs in favor of the county and the county may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the board of county commissioners may authorize the county attorney to foreclose on the lien.

(3)

No lien created pursuant to the provisions of this division may be foreclosed on real property which is a homestead under Fla. Const. art. X, § 4.

(4)

Anytime before commencement of a foreclosure action or assignment of the lien to a third party, a respondent may request the board of county commissioners to reduce the amount of the lien. Before hearing the request, the special magistrate shall conduct a hearing and forward a recommendation to the board of county commissioners.

(5)

If the code violation concerns real property, the maximum amount of the lien, including interest, shall be no more than 35 percent of the assessed value of a subject property as determined by the county property appraiser at the time of the imposition of the lien, excluding property owned as common areas by homeowner and condominium associations and other nominally assessed properties.

(Ord. No. 2004-28, § 1, 7-27-04)