§ 8.5-22. Additional penalties

Latest version.
  • Upon declaring a place or premises to be a public nuisance, the board may order the owner of such place or premises to pay a fine in an amount specified in this section for each day the public nuisance remains unabated, or, in the case of a recurring public nuisance, for each day the recurring public nuisance remains unabated, beginning with the day the public nuisance is found to have occurred. In addition, the board may order the owner of such place or premises declared a public nuisance or recurring public nuisance to pay reasonable costs including reasonable attorney fees associated with investigations of and hearings on such public nuisances. The board shall have continuing jurisdiction for a period of one year over any place or premises that has been or is declared to be a public nuisance.

    (1) A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a public nuisance and shall not exceed five hundred dollars ($500.00) per day for a recurring public nuisance. The total fines imposed pursuant to the authority of this section shall not exceed fifteen thousand dollars ($15,000.00).

    (2) A certified copy of an order imposing a fine may be recorded in the public records and such recorded order shall constitute a lien against the real property that is subject to the order. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgement by the sheriffs of this state, but such order shall not be deemed to be a court judgement except for enforcement purposes. An order imposing a fine pursuant to this section shall continue to accrue until the public nuisance or recurring public nuisance is abated, 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 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 board may authorize the city attorney to foreclose on this lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under § 4, Art. X of the state constitution.

    (3) When the board seeks to bring an administrative action based on a stolen property nuisance against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within ninety (90) days after notification by registered mail to the property owner of a second stolen property conviction of the tenant.

    (4) No lien provided under this section 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 not be good against creditors or subsequent purchasers of valuable consideration without notice, unless a notice of lis pendens is recorded.

(Ord. No. 1000, § 3, 8-16-01)