(A) The Code Enforcement Board, upon notification by the Code Inspector that an order of the Code 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 Code Enforcement Board 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.
In addition, if the violation is a violation described in § 30.36(D), the board 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. Making such repairs does not create a continuing obligation on the part of the City of Lake Mary to make further repairs or maintain the property and it does not create any liability against the city for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made, 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 division (B) of this section.
(B) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation and, in addition, may include all costs of repairs pursuant to division (A) of this section. 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.
(C) In determining the amount of the fine, if any, the 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) The Code Enforcement Board may reduce a fine imposed pursuant to this section.
(E) A certified copy of an order imposing a fine, or fine plus repair costs, 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, until paid or extinguished. Upon petition to the circuit court, the order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property of the violator, but the order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this section 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 Commission and the City Commission 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 Code Enforcement Board may authorize the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under Sec. 4, Art. X of the State Constitution.
(F) No lien provided under the provisions of this section shall continue for a period longer than 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 of Lake Mary 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 for valuable consideration without notice, unless a notice of lis pendens is recorded.
(G) Upon full payment of the fine or lien amount, including accrued interest, the city shall execute a satisfaction of lien and record the same in the public records of Seminole County.
(Ord. 508, passed 6-7-90; Am. Ord. 966, passed 3-2-00; Am. Ord. 1494, passed 9-19-13)