§ 2-131. Administrative fines; liens.

(a)

The special master, upon notification by the inspector that a previous 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 the amount specified in F.S. § 162.09 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 past the date of notice to the violator of the repeat violation. If a finding of a violation or a repeat violation has been made as provided in this article, a hearing shall not be necessary for the issuance of an order imposing the fine.

(b)

In formulating his order, the special master should be consistent in the imposition of fines, paying special attention to the gravity of the violation, any actions by a violator to correct the violation, and any previous violations committed by the violator.

(c)

The special master may reduce a fine imposed pursuant to this section. If, however, the subject violator fails to pay the reduced fine within a period of 60 days from the day the order is rendered deciding the fine, then the original fine shall be reinstated. If the violator makes arrangements through the special master or clerk of the city to pay the reduced fine in monthly payments and fails to timely make any one of the monthly payments, then the original fine, less payment made, shall be automatically reinstated.

(d)

A certified copy of an order imposing a fine may be recorded in the public records of the county 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 the 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 article 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. After three months from the filing of any such lien which remains unpaid, the special master may authorize the city attorney's office to foreclose on the lien. No lien created pursuant to provisions of this article may be foreclosed on real property which is a homestead under § 4, art. X, of the state Constitution.

(Ord. No. 221, § 11, 6-11-90)

State law reference

Similar provisions, F.S. § 162.09.