(A) When the Special Magistrate determines that the factors and criteria in subsection (B) exist in any matters regarding violations of the Palm Bay Code of Ordinances that involve multifamily of more than three (3) units and commercial structures, the Special Magistrate may impose the following fines:
(1) For a first violation, a fine not exceed one thousand dollars ($1,000.00) for each day that the violation continues past the date set for compliance.
(2) Five thousand dollars ($5,000.00) per day per violation for repeat violations;
(3) A fine not to exceed fifteen thousand dollars ($15,000.00) per violation, if the Special Magistrate finds a violation to be irreparable or irreversible in nature;
(4) In addition to such fines, the Special Magistrate may impose additional fines to include all costs of repairs or other corrective action taken by the City of Palm Bay in enforcing its codes and all cost of repairs pursuant to F.S. § 162.09.
(B) In determining the amount of the fine to be imposed, the Special Magistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation;
(3) If the corrective actions taken by the violator were made in good faith;
(4) Any previous violations committed by the violator;
(5) The length of time the violation existed;
(6) Whether the harm resulting from the violation is irreparable or irreversible;
(7) The character of the surrounding neighborhood.
(C) Liens created pursuant to an order by the Special Magistrate and recorded in the public record shall bear simple interest at a rate not to exceed the legal rate allowed for such liens and may be foreclosed pursuant to the procedure set forth in F.S. Chapter 162.
(Ord. 2022-11, passed 1-20-22)