§ 5.07. Fines and Penalties; Costs of Repair; Liens.

(1)

In the case of a first "violation" the Code Enforcement Board may order the violator to pay a fine not to exceed one thousand dollars ($1,000.00) for each day the violation continues past the date set by the Board's order for compliance.

(2)

In cases where the same violation(s) has been committed by the same violator pursuant to 5.04(9)(b) and where the Code Enforcement Board has found that such violations(s) did occur, the Code Enforcement Board may order a Repeat Violator Penalty not to exceed five thousand dollars ($5,000.00) per day for each day the repeat violation continues, beginning with the date the repeat violation is found by the Code Officer to have occurred, and a hearing shall not be necessary for issuance of the order imposing the fine.

(3)

However, if the Code Enforcement Board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed fifteen thousand dollars ($15,000.00) per violation.

(4)

In determining the amount of any fine, the Code Enforcement Board 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.

(5)

A certified copy of an order imposing a fine may be recorded in the Public Records of Orange County, Florida, 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 may be enforced in the same manner as a court judgment by the sheriffs of the State of Florida, including levy against the personal property, but shall not be deemed otherwise to be a court judgment except for enforcement purposes. A fine imposed pursuant to this Chapter 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 comes first. The Code Enforcement Board may authorize the City Attorney to foreclose on any such lien which remains unpaid more than three (3) months from the filing thereof. No lien created pursuant to the provisions of this Chapter may be foreclosed on real property which is a homestead under § 4, Art. X, of the State Constitution.

(6)

No lien provided by this Chapter 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 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.

(7)

If the violation is a violation described in Section 5.04(6), (7) and (8), the Code Enforcement Board shall notify the City, which may make all reasonable repairs in order to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section.

(8)

A fine imposed pursuant to this section may include all costs pursuant to subsection (6).

(9)

The City may charge the violator for all costs incurred in recording and satisfying a valid lien.

(Ord. of 5-18-1981, § 1; Ord. of 4-11-1988, Doc. #21999; Ord. of 5-11-1992, Doc. #25691; Ord. of 7-25-1994, Doc. #27719; Ord. of 2-6-1995, Doc. #28220; Ord. of 10-15-2001, § 1, Doc. #0110151005; Ord. of 11-12-2003, Doc. #031110706, § 1; Ord. of 8-28-2006, § 1, Doc. #0608281005; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203)