§ 2-214. Administrative fines; liens generally.

(a)

The code enforcement board, upon notification by the code compliance inspector, or the code enforcement manager, that a previous order of the code enforcement board 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 by the code enforcement board 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 by the code inspector to have occurred. In addition, if the violation is a violation described in F.S. 162.06(4), or its successor, the code enforcement board shall notify the city council, 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. Making such repairs does not create a continuing obligation on the part of the city council to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. 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 irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b).

(b)

A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation, $500.00 per day for a repeat violation, and up to $5,000.00 per violation if the code enforcement board finds the violation to be irreparable or irreversible in nature, except as increased as provided herein upon resolution of the city council. In the event the city population increases to a population equal to or greater than 50,000 persons, then the city manager may bring forth a resolution to the city council which certifies that the population has increased and surpassed 50,000 persons, and the city council through approval of this resolution, by a majority vote plus one, may authorize the imposition of fines in excess of those set forth above. Upon the city council's authorization by resolution, such fines shall not exceed $1,000.00 per day per violation for a first violation, $5,000.00 per day per violation for a repeat violation, and up to $15,000.00 per violation if the code enforcement board or special master finds the violation to be irreparable or irreversible in nature. For the purposes of this section, each day shall be considered a separate violation. In addition to any fines, the code enforcement board may impose additional fines to cover all costs incurred by the city in enforcing its codes and all costs of repairs pursuant to subsection (a).

(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)

A fine imposed by the code enforcement board or special magistrate shall not exceed 50 percent of the just value of the real property where the violation occurred: however, this cap shall not apply to the city's actual abatement, administrative, and prosecutorial costs incurred during enforcement. Just value shall be determined by the just value listed by the county property appraiser as of the date of the order assessing the fine.

(e)

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

(f)

A certified copy of an order imposing a fine, or a fine plus repair and prosecution costs, 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. The city council may petition the circuit court for enforcement of the order, and the order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, 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 to foreclose 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 entered pursuant to this section. After three months from the filing of any such lien, which remains unpaid, the code enforcement board may authorize the city attorney to foreclose on the lien. No lien created pursuant to the provisions of this article may be foreclosed on real property which is a homestead under Article X, Section 4 of the State Constitution of the State of Florida. All fines and liens imposed by the code enforcement board shall bear interest at the rate provided by law for court judgments. Such liens may be foreclosed in the same manner as provided by law for the foreclosure of mortgages.

(Ord. No. 2002-24, § 1, 5-21-02; Ord. No. 2016-12 , § 1, 8-2-2016)