(A)   The establishment of a fine and lien shall be consistent with and pursuant to the provisions of F.S. Ch. 162 as currently enacted or as amended from time to time.
   (B)   A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land upon which the violation exists, and upon any other real or personal property owned by the violator. It may be enforced in the same manner as a court judgment by the sheriffs of the state, including levy against the personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. As authorized by law, the Special Magistrate may authorize the City Attorney to foreclose on duly recorded liens that have remained unpaid, or to sue to recover a money judgment for the amount of the lien, plus accrued interest. Property subject to a lien established by the Special Magistrate may be foreclosed by the city as provided in F.S. Ch. 162 as currently enacted or as may hereafter be amended or as otherwise authorized by law.
   (C)   Upon full payment of any lien, the Special Magistrate or the City Attorney, shall be authorized to execute and deliver a full satisfaction of the lien to the violator, or his or her representative, for their recording.
   (D)   Fines imposed under this section shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the Special Magistrate finds the violation to be irreparable or irreversible in nature.
   (E)   The Special Magistrate may impose additional fines to cover all costs incurred by the City in enforcing its codes and all costs of repairs incurred pursuant to Section 162.09(1), Florida Statutes.
   (F)   In determining the amount of fines, 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)   any previous violations committed by the violator;
      (4)   the actual costs incurred by the city to prosecute the violation as demonstrated by receipts or testimony or other evidence; and
      (5)   the actual costs of repairs to the City due to the violation as evidenced by receipts or testimony or other evidence.
   (G)   No lien created pursuant to this section or pursuant to the provisions of F.S. Chapter 162 as currently enacted or as may be hereinafter amended may be abated in part or in full or otherwise released by action of the Special Magistrate after such time as:
      (1)   the Office of the City Attorney has commenced foreclosure proceedings or an action to recover a money judgment upon said lien; or
      (2)   the lien is the subject of any litigation in which the city is a party, or is the basis for the city’s inclusion as a party; or
      (3)   the lien has been referred by the city for formal collection action.
      The Special Magistrate may, however, subsequently abate in part or in full, or release any such lien at the request of the city’s Finance Director, City Attorney or their designee upon completion of all requirements set forth in a final agreement with the city or based upon the final result of the litigation.
(Ord. 91-09, passed 11-6-90; Am. Ord. 2000-27, passed 12-14-99; Am. Ord. 2001-33, passed 1-23-01; Am. Ord. 2003-61, passed 7-22-03; Am. Ord. 2005-11, passed 11-23-04; Am. Ord. 2009-50, passed 9-8-09; Am. Ord. 2012-06, passed 10-25-11; Am. Ord. 2012- 28, passed 3-13-12; Am. Ord. 2013-68, passed 6-25-13)