§ 2-151. Administrative fines; costs of repair; liens.  


Latest version.
  • (a)

    A special master, upon notification by the code inspector that an order of the special master 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 F.S. § 162.09, for each day the violation continues past the date set by the special master 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. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing a special master finds a violation to be irreparable or irreversible in nature, he may order the violator to pay a fine as specified in subsection (b).

    (b)

    (1)

    A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation. However, if a special master finds the violation to be irreparable or irreversible in nature, he may impose a fine not to exceed $5,000.00 per violation.

    (2)

    In determining the amount of the fine, if any, the special master shall consider the following factors:

    a.

    The gravity of the violation;

    b.

    Any actions taken by the violator to correct the violation; and

    c.

    Any previous violations committed by the violator.

    (c)

    A special master may reduce a fine imposed pursuant to this section.

    (d)

    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 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 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 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 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 of Arcadia, a municipal corporation, and the city council may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the special master may authorize the city attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. 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. The money judgment provisions of this section shall not apply to real property or personal property which is covered under Section 4(a), Article X of the State Constitution.

(Ord. No. 911, § 71-7, 7-6-2004)