(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Code Enforcement Special Magistrate.
(1) Administrative fines; cost of repairs; liens.
(a) Generally. The Special Magistrate, may either in the initial order or upon notification by code enforcement officer that an order has not been compiled with or finding that a repeat violation has been committed, 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 Special Magistrate for compliance or in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the Code Inspector. In addition, if the Special Magistrate finds that the violation is a violation described in § 31.36(D), the Special Magistrate shall notify the town of the findings. The town shall then have the right and power to 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 the repairs does not create a continuing obligation on the part of the town to make further repairs or to maintain the property and does not create any liability against the town for any damages to the property if the repairs were completed in good faith. If a finding of a violation or repeat violation has been made as provided by this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the Special Magistrate finds a violation to be irreparable or irreversible in nature, he or she may order the violator to pay a fine as specified in division (B)(1)(b) below.
(b) Fines.
1. A fine imposed pursuant to §§ 31.30 through 31.38 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 cost of repairs pursuant to this section. However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation.
2. In determining the amount of the fine, if any, the Special Magistrate shall consider the following factors:
a. The gravity of the violation;
b. Any actions taken by the violator to correct the violation; or
c. Any previous violations committed by the violator
(c) Reduction of fines. The Special Magistrate may reduce a fine imposed pursuant to this section. If a violator desires to request reconsideration of a fine, the following procedures must be followed:
1. Any order issued to the violator must be complied with;
2. A written request must be made to the Code Inspector for an inspection for compliance with the order issued; and
3. After the Code Inspector has certified in writing that the prior order of the Special Magistrate has been complied with, the violator must, within 20 days of the certification by the Code Inspector, request in writing to the Code Inspector, reconsideration of the fine by the Special Magistrate.
(d) Recording of order. A certified copy of an order imposing a fine, or a fine plus repair cost 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. Upon petition to the circuit court, the order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and 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 part shall continue to accrue until the violator comes into compliance or until judgment is rendered in 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 town, and the town may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any lien which remains unpaid, the Special Magistrate may authorize the Town Attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead.
(2) Remedies.
(a) Remedies for enforcement may include the establishment of a Code Enforcement Board or prosecution in a court of competent jurisdiction.
(b) The town may levy fines, liens, injunctive relief and other civil penalties, as provided for in the Florida Statutes. At a minimum, the town elects to use the following standards, from F.S. Ch. 162.21 for penalties:
1. A violation of a code or an ordinance is a civil infraction;
2. A maximum civil penalty not to exceed $500;
3. A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation;
4. For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance;
5. For the contesting of a citation in county court;
6. The procedures and provisions as are necessary to provide for the enforcement of a code or an ordinance under the provisions of this section; and
7. Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or § 775.083
(Ord. 2000-07, passed 6-27-2000; Ord. 2006-11, passed 8-22-2006; Ord. 2013-07, passed 9-24-2013)