§ 2-207. Administrative fines; costs of repairs; liens.

(a)

The code enforcement board or the special magistrate, upon notification by the code inspector that an order 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 not to exceed one thousand dollars ($1,000.00) per day for a first violation, and not to exceed five thousand dollars ($5,000.00) per day for a repeat violation, 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, and in addition, may include all costs of repairs pursuant to this subsection. In addition, if the violation is a violation described in subsection 2-205(d), the code enforcement board or the special magistrate shall notify the board of county commissioners, which may 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 any fine imposed pursuant to this subsection. Making such repairs does not create a continuing obligation on the board to make further repairs or to maintain the property and does not create any liability against the board for any damages to the property if such repairs were completed in good faith. In addition to such fines, the code enforcement board or the special magistrate may impose additional fines to cover all costs incurred by the county in enforcing its codes. If a finding of a violation or a repeat violation has been made as provided in this subsection, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the code enforcement board or the special magistrate finds a violation to be irreparable or irreversible in nature, the code enforcement board may impose a fine not to exceed fifteen thousand dollars ($15,000.00) per violation.

(b)

In determining the amount of the fine, if any, the code enforcement board or 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; and

(3)

Any previous violations committed by the violator.

(c)

The code enforcement board or the special magistrate may reduce a fine imposed pursuant to this section at any time.

(d)

A certified copy of an order imposing a fine or a fine plus repair costs, may be recorded in the public records of the county 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 section 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. A lien arising from a fine imposed pursuant to this section runs in favor of the county, and the board of county commissioners may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of such lien which remains unpaid, the code enforcement board or the special magistrate may authorize the local governing board attorney to foreclose on the lien. No lien created pursuant to this section may be foreclosed on real property which is a homestead under section 4, article X, of the State Constitution.

(e)

The lien created by this section shall, as to all owners of interests in the title to property, as to all liens created prior to June 1, 2009, and as to any lien held by any person not given notice of the code enforcement proceedings as hereinafter set forth, have priority in the order of recording in the public records of Marion County, Florida. As to liens created subsequent to June 1, 2009, the code enforcement lien shall be senior in priority to such lien regardless of the order of recording in the public records, but only if the record holder of such lien is given a copy of the notice of the code enforcement proceedings that is served or posted as to the owner of the property on which there is an alleged violation. Notice to the record holder of a lien shall be given in any manner authorized for notice to an alleged violator under section 2-210 of this Code at the address of the holder in the lien or any modification or assignment thereof, or at such address as the holder of the lien has given to the county tax collector under the provisions of F.S. § 197.344.

(f)

No lien provided by this article shall continue for a period longer than twenty (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 a reasonable attorney's fee, that it incurs in the foreclosure. The county 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, after said twenty-year period, against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

(Ord. No. 86-6, § 9, 4-8-86; Ord. No. 87-40, § 4, 11-24-87; Ord. No. 89-10, § 1, 4-11-89; Ord. No. 92-50, § 1, 10-13-92; Ord. No. 95-37, § 4, 10-3-95; Ord. No. 00-3, § 3, 2-1-2000; Ord. No. 00-24, § 1, 8-15-2000; Ord. No. 09-15, § 1, 5-19-2009; Ord. No. 09-25, § 1, 8-18-2009; Ord. No. 16-06, § 1, 2-16-2016)