§ 2-69. Administrative fines; liens.

(a)

Generally. A special magistrate 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 officer.

(b)

Amount of fines.

(1)

A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation, and, in addition, may include all costs of repairs incurred in accordance with this article. However, if a special magistrate finds the violation to be irreparable or irreversible in nature, the special magistrate may impose a fine not to exceed five thousand dollars ($5,000.00) per violation.

(2)

In determining the amount of the fine, if any, the special magistrate 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)

A special magistrate may reduce a fine imposed pursuant to this section.

(c)

Administrative costs related to the prosecution of code compliance cases. Costs incurred by the city in the successful prosecution of a code compliance case shall be assessed against the violator pursuant to F.S. § 162.07(2). The amount of these costs shall be set from time to time by resolution of the city commission. Such costs may be included in the lien authorized under this section.

(d)

Fine imposed. A certified copy of an order imposing a fine, or a fine plus repair 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. 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 to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien or in a suit to recover a money judgment, 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 mayor and the city manager may execute a release of lien entered as specifically authorized under this article. After three (3) months from the filing of any such lien which remains unpaid, the special magistrate may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is homestead under Section 4, Article X of the Florida State Constitution.

(Ord. No. 87-29, § 1, 10-5-87; Ord. No. 89-34, § 1, 11-20-89; Ord. No. 93-26, § 1, 10-5-93; Ord. No. 95-33, § 1, 12-28-95; Ord. No. 96-30, § 1, 10-15-96; Ord. No. 99-13, § 1, 5-4-99; Ord. No. 2002-12, § 1, 5-7-02; Ord. No. 2003-16, § 1, 4-15-03; Ord. No. 2003-37, § 1, 10-21-03; Ord. No. 2006-07, § 1, 3-7-06; Ord. No. 2013-06, § 4, 1-8-13; Ord. No. 2013-26, § 6, 5-21-13)