§ 7-36. Administrative fines; costs; liens.

(a)

The board, upon notification by code enforcement department that an order of the board 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 not to exceed two hundred fifty dollars ($250.00) per day for a first violation and not to exceed five hundred dollars ($500.00) per day for a recurring violation for each day the violation continues past the date set by the board for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice to the violator of the repeat violation, and, in addition, may include all costs pursuant to this subsection. If a finding of a violation or a repeat violation has been made as herein provided, a hearing shall not be necessary for issuance of the order imposing the fine. The board may reduce a fine imposed pursuant hereto.

(b)

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

(1)

The gravity of the public nuisance;

(2)

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

(3)

Any previous public nuisances created by the violator.

(c)

A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land that is the subject of the order. A fine imposed pursuant hereto shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on the lien, filed pursuant to this section, whichever occurs first. The board retains the right to apply a cap to the fine imposed. If the board applies such cap to the imposed fine then it shall so state in its order. A lien arising from a fine imposed pursuant to this section runs in favor of the board of county commissioners, and the board of county commissioners shall execute a satisfaction or release of lien entered pursuant to this section when paid. After three (3) months from the filing of any such lien that remains unpaid, the board may authorize the county attorney to foreclose on the lien. No lien created pursuant to the provisions of this chapter may be foreclosed on real property that a homestead under Article X, Section 4 of the State Constitution.

(d)

No lien 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 board of county commissioners 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 against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

(e)

All administrative fines and liens collected hereunder shall be deposited in the county general fund for general county purposes.

(f)

In the event a violation, cited in accordance with subsection 7-33(e), is corrected prior to the board hearing scheduled in that cause, the county may request that its actual enforcement costs be paid by the violator. If the county elects to seek reimbursement of its costs, the violator will be notified of the date and time of the hearing. Any request for an order imposing costs shall be submitted to the board in the form of a sworn cost affidavit prepared by county staff. In the event the amount awarded by the board is not paid within the time specified, a certified copy of the order imposing costs may be recorded in the public records of Osceola County, Florida, and thereafter constitute a lien against the land that is the subject of the order.

(g)

In a nuisance abatement proceeding, based on a stolen property nuisance, brought against a property owner operating an establishment where multiple tenants, on one (1) site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within ninety (90) days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to this section shall not exceed fifteen thousand dollars ($15,000.00).

(Ord. No. 2016-54, § 3, 7-18-16)

State law reference

Similar provisions, F.S. §§ 162.09, 162.10, 893.138.