(A) (1) 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, beginning with the date the repeat violation is found to have occurred by the Code Inspector. In addition, if the violation is a violation described in F.S. § 162.06(4),(if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible), the Code Enforcement Board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with all reasonable costs of repairs along with the fine imposed pursuant to this section. If a finding of a violation or a repeat violation has been made as provided in this section, a hearing shall not be necessary for issuance of the order imposing the fine.
(2) (a) 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 subdivision (A)(1) above.
(b) In determining the amount of the fine, if any, the 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.
(c) An Enforcement Board may reduce a fine imposed pursuant to this section.
(3) A certified copy of an order imposing a fine may be recorded in the public records and there-after 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 this 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 part 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 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 homestead under Section 4, Article X of the State Constitution.
(B) No lien provided under this section, in accordance with F.S. Chapter 162, shall continue for a longer period 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 reasonable attorneys’ fees, that it incurs in the foreclosure. The local governing body 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.
(C) A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section, as follows:
(1) Upon compliance with the Order of the Code Enforcement Board, and payment in full of the amounts due to the city pursuant to a lien entered pursuant to this section, the city shall provide a Release of Lien to the property owner, which the property owner shall record at his or her expense.
(2) Should a Release of Lien Agreement provide for payment of a sum that is less than the amount outstanding on the lien, such Agreement must be approved by the City Manager prior to execution.
(3) The city’s Chief Code Enforcement Officer shall be permitted to enter into a Release of Lien Agreement with a property owner prior to actual compliance with an Order of the Code Enforcement Board to ensure proper compliance with such Order.
(a) Any Release of Lien Agreement between the city and a property owner pursuant to this section shall include, without limitation:
1. That any violations shall be corrected so as to comply with the Order of Code Enforcement Board within a definite period of time;
2. That any amounts payable pursuant to the Agreement shall be received by the city within a reasonable period of time after the violation is corrected, but in no case shall such time exceed 30 days;
3. That any Release of Lien provided by the city shall be recorded at the expense of the property owner; and,
4. That failure to comply with the terms of the Agreement regarding the correction of violations and payment of sums due to the city pursuant thereto shall render the Agreement null and void. (Ord. 668, passed 10-5-83; Am. Ord. 937, passed 11-7-90; Am. Ord. 1101, passed 10-2-94; Am. Ord. 1274, passed 8-5-98; Am. Ord. 1697, passed 9-7-11)