§ 33.10. Administrative fines and lien.

(A)

The code enforcement board or special magistrate, upon notification by the code enforcement officer that a code enforcement order 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 in the order 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 enforcement officer. In addition, if the violation is a violation described in subsection 33.06(D), the code enforcement board or special magistrate shall notify the local governing body, 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 constitute a continuing obligation on the part of the town to make further repairs or to maintain the property and does not create any liability against the town 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 or special magistrate finds a violation to be irreparable and irreversible in nature, it may order the violator to pay a fine as specified in subsection (B) below.

(B)

(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 all costs of repairs pursuant to subsection (A) above. However, if the code enforcement board or special magistrate 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 or special magistrate shall consider the following factors:

(a)

The gravity of the violation;

(b)

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

(c)

Any previous violations committed by the violator.

(C)

The code enforcement board or special magistrate may reduce a fine imposed pursuant to this section. The reduction of a fine previously imposed by a code enforcement order and recorded as a lien may occur under the following conditions:

(1)

No fine reduction shall be considered where the property owner appealed an order imposing fine to the court and the town prevailed.

(2)

A written application shall be filed with the town clerk with a filing fee of $50.00.

(3)

The written application shall state the grounds and factual basis for the fine reduction.

(4)

The clerk for code enforcement proceedings shall prepare a record of the hearing at which the fine was imposed including minutes of the proceeding and a copy of all documents that were part of the proceedings. A copy of the record shall be provided to the applicant and to the board or special magistrate.

(5)

The applicant is responsible for making a verbatim record of the testimony and evidence of the meeting upon which any appeal is based.

(6)

The reduction hearing shall be open to the public.

(7)

In reviewing the amount of a fine, the board or special magistrate shall consider the gravity of the violation, the actions taken by the violator to correct the violation and any previous or current violations committed by the violator.

(8)

The grounds for reducing a fine shall be limited to errors in the record, newly discovered evidence, misconduct, mistake, surprise, excusable neglect or substantial financial hardship. Consideration shall be given to how much time has elapsed since the order imposing fine was entered.

(9)

The burden shall be on the applicant to prove the grounds for a fine reduction.

(10)

A decision shall be made after the hearing and written order shall be entered.

(11)

The decision of the board or special magistrate to reduce or not to reduce a fine shall be final.

(D)

A certified copy of an order imposing the fine, or a fine plus repair costs, provided for herein may be recorded in the public records of the county, and thereafter such order shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator in the State of Florida. Upon petition to the circuit court, such order shall be enforced in the same manner as a court judgment by the sheriffs of this state, including execution and levy against 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 part 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.

(E)

After three months from the filing of any such lien which remains unpaid, the code enforcement board or special magistrate may recommend to the town commission that the town attorney foreclose on the lien or sue to recover a money judgment for the amount of the lien plus accrued interest. Actions for money judgments under this chapter may be pursued only on fines levied after October 1, 2000.

(F)

No lien created pursuant to this chapter may be foreclosed on real property which is a homestead under Article X, Section 4, of the state Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under Article X, Section 4(a), of the state Constitution.

(G)

No lien provided 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, unless within that time an action to foreclose 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 it incurs in the foreclosure. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body and the local governing body may execute a satisfaction or release of lien pursuant to this section.

(H)

All liens created by this chapter shall be a first lien equal to a lien for nonpayment of property taxes or special assessments on the property against which the code enforcement action was brought, and shall continue in full force and effect from the date of recordation until discharged by satisfaction. Upon any other real or personal property owned by the violator, the priority of the lien shall be determined by the date of recordation of the lien.

(Ord. 86-30, passed 10-6-86; Amd. Ord. 88-16, passed 5-2-88; Amd. Ord. 89-21, passed 11-6-89; Amd. Ord. 94-21, passed 10-3-94; Amd. Ord. 08-05, passed 3-3-08; Ord. 2010-10, passed 4-5-10; Ord. 2018-03, passed 6-4-18; Ord. 2018-13, passed 10-15-18)