(A) The Nuisance Abatement Coordinator shall file an affidavit of noncompliance with the recording secretary reflecting that an order of the Special Magistrate has not been complied with and schedule a hearing before the Special Magistrate.
(B) The Special Magistrate, upon notification that a nuisance has not been abated or, upon finding that a recurring public nuisance exists, may order the owner or operator to pay a fine in an amount specified in this section for each day the nuisance continues past the date set by the Special Magistrate for abatement, or, in the case of a recurring nuisance, for each day the recurring nuisance continues past the date of notice to the owner or operator of such recurring nuisance. If a finding of a recurring nuisance has been made as provided herein, a hearing shall not be necessary for issuance of the order imposing the fine.
(C) A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first occurrence of a public nuisance and shall not exceed five hundred dollars ($500.00) per day for a recurring public nuisance. However, total fines imposed in any action brought pursuant to this subchapter shall not exceed fifteen thousand dollars ($15,000.00). ln determining the amount of the fine, if any, the Board shall consider the following factors:
(1) The gravity of the public nuisance;
(2) Any actions taken by the owner to correct the public nuisance; and
(3) Any previous nuisances maintained or permitted by the owner.
(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 owner. 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 personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this subchapter shall continue to accrue until the owner comes into compliance or until the 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, and the city may execute a satisfaction or release of a lien in the same manner as provided under §§ 52.090 and 52.091 of this Code or may otherwise seek to foreclose on the lien. Any lien recorded against real property may be foreclosed by the city and the owner of such real property shall be liable for all costs, including a reasonable attorney's fee, associated with the recording of all orders and foreclosure. No lien created pursuant to the provisions of this part may be foreclosed on real property, which is a homestead under Section 4, Article X of the State Constitution.
(E) If the Special Magistrate should find that the nuisance is based upon a stolen property nuisance against a property owner operating an establishment where multiple tenants, on one (1) site, conduct their own retail businesses, the property owner shall not be subject to a lien against the owner's property or the prohibition of operation provision if the property owner elects to evict 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.
(F) The Special Magistrate may authorize the City to file a complaint under Fla. Stat. § 60.05, seeking a permanent injunction against any nuisance as described in this subchapter. This section does not restrict the right of any person to proceed under Fla. Stat. § 60.05, against any public nuisance.
(Ord. 2022-32, passed 3-3-22)