§ 2-148. Administrative fines; costs of repair; liens  


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  • (a) Authorized. The enforcement board, upon notification by the code inspector that an order of the 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 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 to have occurred by the code inspector. In addition, if the violation is a violation described in section 2-145(d), the enforcement board shall notify the town commission, which may make all reasonable repairs 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 as provided in this division, 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 to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (a)(1) of this section.

    (b) Amount of fine.

    (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). However, if the code enforcement board 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 enforcement board 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) An enforcement board may reduce a fine imposed pursuant to this section.

    (c) Recording of order. A certified copy of an order imposing a fine 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 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. A lien arising from a fine imposed pursuant to this section runs in favor of the town commission, and the town commission may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien that remains unpaid, the enforcement board may authorize the town attorney to foreclose on the lien. 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

(Ord. No. 94-47, § 8, 6-28-94)

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Similar provisions, F.S. § 162.09.