§ 2-113. Administrative fines; costs of repairs; costs to the county; liens.

(a)

Authorization of administrative fines and costs of repairs: A magistrate, upon notification by the code inspector that an order of the special magistrate 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 this section for each day the violation continues past the date set by the code enforcement board or special magistrate 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. In addition, if the violation is not remedied by the violator as ordered and the county is authorized to remedy such violation, the magistrate may charge the violator with the reasonable costs of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the board of county commissioners to make further repairs or to maintain the property and does not create any liability against the board of county commissioners for any damages to the property if such repairs were completed in good faith. If a finding of a violation or repeat violation has been made according to this section, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a magistrate finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection (b) of this section.

(b)

Amount of fine. The special magistrate is hereby authorized to impose a fine of up to one thousand dollars ($1,000.00) per day, per violation for a first violation, up to five thousand dollars ($5,000.00) per day per violation for a repeat violation and up to fifteen thousand dollars ($15,000.00) per violation if the special magistrate finds a violation to be irreparable or irreversible in nature. In addition to such fines, the special magistrate shall impose additional fines to cover all costs incurred by Polk County in enforcing its codes and all costs or repairs made pursuant to an order issued by the special magistrate. In determining the amount of the fines for violations, the special magistrate shall consider:

(1)

The gravity of the violation;

(2)

Any actions taken by the violator; and

(3)

Any previous violations committed by the violator.

(c)

Reduction of fine. Upon finding of good cause, a special magistrate may reduce a fine. A special magistrate shall not reduce a fine by more than fifty (50) per cent without board approval, and such board approval shall be evidenced by minutes of a board meeting reflecting authorization to reduce a fine by more than fifty (50) per cent.

(d)

Creation of lien: A certified copy of an order imposing a fine or imposing a fine with costs of repairs 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. The order imposing a fine may include costs of repairs made on the violator's behalf by the county and any costs incurred by the county in relation to the investigation and prosecution of said violation. 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 filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of Polk County, and a magistrate may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien which remains unpaid, the board of county commissioners may authorize the county attorney's office 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 § 4, Art. 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 § 4(a), Art. X, of the Florida State Constitution.

(e)

Duration of lien: No lien imposed pursuant to this division 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 is commenced in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs as a result of this action. Polk County shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected by the commencement of this action shall not be good creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

(Ord. No. 07-058, § 13, 9-25-07; Ord. No. 14-007, §§ 4, 5, 2-4-14)