§ 2-197. Amounts of fines; liens.

(a)

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 section 2-195.

(b)

However, if the special magistrate or code enforcement board finds the violation to be irreparable or irreversible in nature, the special magistrate or code enforcement board may impose a fine not to exceed $5,000.00 per violation.

(c)

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

In hearing requests for reduction of accrued code enforcement fines, as authorized by section 2-195(b), the special magistrate shall consider the same factors delineated in section 2-197(c).

(e)

If a fine remains unpaid for a period of 14 days, a certified copy of an order imposing a fine, or a fine plus repair costs, shall 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 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 purpose. A fine imposed pursuant to this sub-section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this sub-section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the board, and the board 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 may authorize the county attorney to foreclose on the lien or sue to recover a money judgment for the amount of lien plus accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under Section 4, Article X of the Florida Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under Section 4(a), Article X of the Florida Constitution.

(Ord. No. 2006-04, § 12, 7-13-06; Ord. No. 2018-0002, § 5, 8-23-18)