§ 2-42. Administrative fines; costs of repair; liens  


Latest version.
  • (a) The special master, upon notification by the code inspector that an order of the special master 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 special master 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 F.S. § 162.06(4), the special master shall notify the city commission, 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. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine.

    (b)

    (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 pursuant to subsection 12(a) hereof.

    (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) The special master may reduce a fine imposed pursuant to this section.

    (c) 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 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. A lien arising from a fine imposed pursuant to this section runs in favor of the City of Haines City, and the local city commission may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien which remains unpaid, the enforcement board may authorize the city attorney to foreclose on the lien. No lien created pursuant the provisions of this part may be foreclosed on real property which is a homestead under Section 4, Art. X of the State Constitution.

    (d) Duration of lien. No lien provided under the local government code enforcement boards act shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on 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 city 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 no be good against creditors of subsequent purchasers of valuable consideration without notice, unless a notice of lis pendens is recorded.

(Ord. No. 746, § 12, 8-17-89; Ord. No. 881, § 1, 4-5-95; Ord. No. 05-1159, § 9, 4-7-05)