31.22(A) Remedies.
31.22(A)(1) The order of the
may require the
to pay a fine, not to exceed $1,000.00 per day, for each day that the violation continues past the date set in the order for compliance. In the case of a repeat violation, the
may order the repeat
to pay a fine not to exceed $5,000.00 per day, for each day the repeat violation continues past the date of notice to the
of the repeat violation. Upon a finding that the violation is irreparable or irreversible in nature, the
may order the violator to pay a fine not to exceed $15,000.00 per violation. In addition to such fines, the
may impose additional fines to cover all costs incurred by the
in enforcing the
and all costs of repairs. The
may take any other action permitted by law.
31.22(A)(2) If a finding of violation or repeat violation has been made, then a hearing shall not be necessary for the issuance of an order imposing a fine.
31.22(A)(3) A certified copy of an order imposing a fine may be recorded in the Public Records of Broward County, Florida. Once recorded, it shall constitute a lien against the property upon which the violation was found to exist, and upon any other real or personal property owned by the
. Upon petition to the Circuit Court, it may be enforced in the same manner as a court judgment by the sheriffs of this
, including levy against the
’s personal property, but shall not be deemed otherwise to be a judgment of the court except for enforcement purposes. Interest shall begin to accrue ten days after verification that the underlying violation has been corrected.
31.22(A)(4) A fine imposed pursuant to this Section shall continue to accrue, until the
comes into compliance or until judgment is rendered in a suit to foreclose the lien, whichever occurs first. It shall be the responsibility of the
to notify the
if and when the
believes that the violation has been remedied.
31.22(A)(5) After three months from the filing of any such unpaid lien, the
may foreclose upon the lien. The duration and effect of such lien shall be consistent with
law, which is a period of 20 years.
31.22(B) Determination of fine amount. In determining the amount of the fine, if any, the shall consider the following factors:
31.22(B)(1) The gravity of the violation;
31.22(B)(2) Any actions taken by the
to correct the violation; and
31.22(B)(3) Any previous violations committed by the
, whether on the same or any other property.
31.22(C) Injunctive Relief. In the event the believes that a violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible in nature, the may request the to seek appropriate injunctive relief in the name of the in the appropriate court.
31.22(D) Enforcement Order.
31.22(D)(1) Every enforcement order of the
shall be final, subject to the right of any aggrieved party, including the
or the
, to appeal a final administrative order of the
to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. An appeal shall be filed within 30 days of the rendition of the order to be appealed.
31.22(D)(2) Every enforcement order of the
shall have the force of law, shall be in writing, and shall include findings of fact and conclusions of law.
31.22(D)(3) Every enforcement order of the
shall be signed by the
. All orders shall be filed in the office of the City Clerk. A copy of the signed order shall be sent by certified mail, return receipt requested, or where certified mailing would not be effective, by regular mail or by hand delivery by the
to the
.
31.22(D)(4) The
shall, in every proceeding, make a decision without unreasonable or unnecessary delay.
31.22(E) Effect on Applications to
. Once the period for appeal has run with no appeal filed, the existence of an Order of the finding a violation of
that has not been remedied, shall be considered in the processing of any application requiring approval. When it is found that the nature of the violation is such that it bears on the
’s requested approval, it may provide justification for the to withhold such approval until such time as the violation is abated and any unpaid fine has been satisfied.
31.22(F) Additional Remedies. The provisions and procedures contained in this Chapter shall be in addition and supplemental to any other remedies now existing or subsequently provided for by law, regarding
violations.
(Ord. 2010-10, passed 10-4-2010; Am. Ord. 2011-01, passed 1-18-2011)