§ 8-158. Enforcement procedure and assessment of costs and fees.

(a)

A code officer is empowered to investigate a violation of this article. If an inspection reveals that a violation of this article exists, the code officer or Division shall notify the owner by registered or certified mail, return receipt requested, sent to the address of the owner as on record with the Polk County Property Appraiser's office, that a violation of this article exists and shall contemporaneously post the property with a copy of the notice described herein on eight and one-half (8½) inch × eleven (11) inch sheet of paper attached to a yellow placard. Unless an emergency hearing is requested by the Division pursuant to subsection 8-159(b), the owner of the property shall have ten (10) days from the date in which the property was posted to correct the violation. Proof that an attempt has been made to mail notice together with proof of posting of notice shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the owner actually received such notice. The notice shall:

(1)

State the nature of the violation with reference to the section of this article defining the violation;

(2)

Specify the corrective action that must be taken;

(3)

Specify the date in which the corrective action must be taken;

(4)

State that a failure to abate the violation will result in Polk County abating it, the cost of which action shall be assessed against the property;

(5)

State the owner has the right to appeal by filing a written request with the Polk County Code Enforcement Special Magistrate's office within ten (10) days of posting of the property with the address in which appeal should be sent with the appropriate appeal fee;

(6)

State the procedure to request an extension of time from the Division director; and

(7)

State that if the violation recurs or if the violation is a recurrence of a previous violation, notwithstanding whether the abatement is effected by the owner or Polk County, the owner shall be responsible for all costs incurred by Polk County for the original violation and recurrence of the violation, including without limitation, all vendor, administrative, and operating costs.

(b)

If an appeal is filed, enforcement action shall proceed as provided in section 8-159 of this article.

(c)

If no appeal is filed as provided in section 8-159 of this article and no extension of time is granted by the Division director or the Division director's designee as provided in subsection (i), the Division shall, upon the expiration of the notification period, reinspect the lot to determine whether or not the violation has been abated. If the Division determines that the lot still consists of the violation, the Division shall cause the abatement according to the provisions of this article. To accomplish the abatement of the violation, the Division or its designee is authorized by the board of county commissioners to enter upon the lot and to take steps reasonably necessary to effect abatement of the violation. If the property consists of unserviceable vehicles, the Division is further authorized to have such vehicle removed by any firm or person regularly engaged in business of transporting vehicles by wrecker, any such firm or person shall be entitled to a reasonable towing fee and a reasonable storage fee and lien for same as provided by county ordinance. All costs of removal of such vehicle shall be the sole responsibility of the property owner and no towing or storage fee shall be charged to or collected from Polk County unless specifically authorized by the Division director.

(d)

If abatement of the violation is effected by the Division as provided in subsection (c), the costs to Polk County of abating the violation on each lot, including without limitation, all vendor, administrative, and operating costs, shall be calculated and assessed against the property as an assessment pursuant to Florida Law and may be collected pursuant to Section 197.3632, Florida Statutes.

(e)

In those instances where abatement of the violation is effected by the owner and the violation recurs within five (5) years on the same property while still owned by the same owner, all costs reasonably and necessarily incurred by Polk County for the original violation and recurrence of the violation, including without limitation, all vendor, administrative, and operating costs, shall be assessed against the property as an assessment pursuant to Florida Law and may be collected pursuant to Section 197.3632, Florida Statutes. Notwithstanding, whether the abatement of the recurred violation is effected by the owner or Polk County, the costs for the original violation and recurrence of the violation shall be assessed against the property.

(f)

The Division shall mail a notice of the assessment to the owner at the address on record with the Polk County Property Appraiser Office specifying the violation that was abated, the address or parcel identification number of the lot in which the abatement occurred, the costs of abatement with a statement that if not paid in full or an appeal filed in writing with the Polk County Code Enforcement Special Magistrate Office at the address provided in the notice within thirty (30) days of the notice being sent, the costs shall be recorded against the owner as an assessment and will create a first lien, equal to a lien for nonpayment of property taxes. Such notice shall specify the date certain in which the costs of abatement must be paid or appeal filed.

If an appeal is requested pursuant to this subsection, the only issue to be determined is whether or not the costs in the notice is the actual costs incurred by Polk County and/or if the notice describes the proper property and owners, the Polk County Code Enforcement Special Magistrate is not authorize to reduce or waive the costs incurred by Polk County pursuant to this section.

(g)

If the any costs remain unpaid after thirty (30) days of notice being sent pursuant to subsection (f), the Division director is hereby authorized and shall record in the Official Records of Polk County a Claim of Lien for Assessment in the name of Polk County indicating the code enforcement case number(s) and caption, the property owners, the lot subject to the assessment with the legal description and parcel identification number, and the amount of the assessment. Such claim of lien for assessment shall be signed by the Division director. The lien created hereby shall be a first lien, equal to a lien for nonpayment of property taxes.

The liens created hereby shall accrue from date of abatement of the violation at an interest rate equal to the amount of interest payable on a judgment lien pursuant to Section 55.03, Florida Statutes, as it may be amended from time to time until such time as the costs of abatement is placed on the "Non-ad valorem assessment roll" as defined by Section 197.102, Florida Statutes. If Section 55.03, Florida Statutes is repealed, then the liens created hereby shall accrue at the interest rate in effect prior to its repeal. The liens created hereby shall bear, on its face, the rate of interest that is payable on the lien. The failure to bear the rate of interest on the lien shall not invalidate the lien. The rate of interest shall be established on the date the violation is abated by Polk County.

(h)

The Division shall mail a notice that a lien has been recorded to the owner(s) of each lot described in the lien for assessments. The notice shall be sent to the owner at the address listed with the Polk County Property Appraiser's Office. The notice shall be in a form prepared by the Division which shall include the following information:

(1)

Name and address of the owner;

(2)

Legal description of the lot where the violation has been abated;

(3)

Date of mailing the notice of the lien;

(4)

A brief description of the violation abated;

(5)

Date of abatement;

(6)

A statement of the actual costs of abatement and the operating and administrative costs;

(7)

Instructions regarding payment and removal of the lien; and

(8)

Additional information as necessary and appropriate.

(i)

The owner may request in writing an extension of time to abate the violation from the Division director or the Division director's designee. Such written request shall state the basis of such request and be hand delivered or mailed by register or certified mail return receipt requested to the Division and to the attention of the Polk County Code Enforcement Division Director. Such request shall be granted or denied in writing within five (5) days of the Division receiving the request. If such request is not granted within five (5) days then it shall be deemed denied. The extension of time is at the sole discretion of the Division director or the Division director's designee and shall be final and may not be appealed.

(j)

Nothing in this part shall prevent the Division or Polk County from pursuing enforcement of violations of this article through other processes.

(Ord. No. 08-047, § 9, 9-10-08; Ord. No. 12-005, §§ 2, 3, 1-24-12; Ord. No. 14-006, § 3, 2-4-14)