§ 11-37. Administrative fines; costs of repair; liens.

(a)

(1)

The code enforcement board or special magistrate, upon notification by the code enforcement officer/inspector that an order of the code enforcement board or special magistrate has not been complied with by the date set in that order or, upon notification that a repeat violation has been committed, may issue an order against the violator finding that a violation has been committed and imposing a fine in an amount specified in subsection 11-37(b) 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 enforcement officer/inspector. A copy of such order shall be promptly mailed to the violator. In addition, if the violation is a violation described in subsection 11-34(d), the code enforcement board or special magistrate shall notify the county, which may make all reasonable repairs (or in the appropriate circumstances, demolish such structures or buildings, or do such other cleanup or hauling away of objects creating such a violation, as prescribed in sections 9-277 through 9-279 of the Orange County Code), which are required to bring the property into compliance and charge the violator with the reasonable cost of such repairs or other abatement along with the fine imposed pursuant to this section. Making such repairs or engaging in such demolition or cleanup does not create a continuing obligation on the part of the local governing body for any damages to the property if such repairs/demolition/cleanup were completed in good faith. In addition, if after due notice and hearing, the code enforcement board or special magistrate finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in subsection 11-37(b).

(2)

If the violator desires a hearing on an order imposing a fine entered pursuant to subsection 11-37(a)(1), the violator shall file a request for such a hearing with the clerk of the code enforcement board or special magistrate not later than twenty (20) days from the date of such order. Notice of the procedure for requesting such a hearing shall be placed in the order imposing the fine. Such notice shall explain that the order will 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 if the violator does not timely request a hearing or if he timely requests a hearing and the code enforcement board or the special magistrate reaffirms the finding that a violation has been committed. When a request for such a hearing is timely filed by the violator, the order imposing the fine shall be automatically stayed until after the hearing is held. Such a hearing shall be limited to a consideration of those new findings necessary to impose an appropriate fine. If after such a hearing the code enforcement board or the special magistrate reaffirms the finding that a violation has been committed, the fine shall begin accruing retroactive to the date when the violation began as indicated in the order imposing the fine. Conversely, if after such a hearing the code enforcement board or special magistrate finds that a violation has not been committed, the code enforcement board or special magistrate shall rescind or vacate the order imposing the fine.

(b)

A fine imposed pursuant to this section shall not exceed one thousand dollars ($1,000.00) per day for a first violation and shall not exceed five thousand dollars ($5,000.00) per day for a repeat violation and, in addition, the code enforcement board or special magistrate may impose additional fines to cover all costs incurred by the county in enforcing its codes and include all costs of repairs pursuant to subsection 11-37(a). However, if the code enforcement board or special magistrate 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. In determining the amount of the fine, if any, the code enforcement board or 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.

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

(c)

(1)

A certified copy of an order imposing a fine or a fine plus repair/demolition/cleanup 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, but only after the time frame set forth in subsection 11-37(a)(2) has expired without the violator having requested a hearing on the order imposing the fine or, if a hearing on the order was timely requested and held, only after the code enforcement board or special magistrate has reaffirmed the finding that a violation was committed. 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. Repair/demolition/cleanup costs may additionally be assessed against the violator, under such circumstances as are appropriate and fall into the category and type of repair/demolition/cleanup which is provided for and defined in sections 9-277 through 9-279 of the Orange County Code. A fine imposed pursuant to this article shall continue to accrue until the violator comes into compliance or until the 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 county may execute a satisfaction or release of a lien pursuant to this section. After three (3) months from the filing of any such lien which remains unpaid, the code enforcement board may authorize the county attorney to foreclose on the lien. After the suit for foreclosure has been filed, any offer of settlement must be forwarded to the division manager of the division for which the original code enforcement case was brought. The division manager may accept or reject an offer of settlement. If however the amount of the lien, in the suit for foreclosure, is more than one hundred thousand dollars ($100,000.00) approval by the board of county commissioners must be obtained prior to acceptance of an offer of settlement. A proposed settlement shall be final upon the court's signature of the final judgment. No lien created pursuant to the provision of this article may be foreclosed on real property which is a homestead under Fla. Const., Art. X, § 4.

(2)

Unless a lien foreclosure suit has been filed by the county, an interested party may request a reduction in a lien imposed by an administrative order of the code enforcement board or special magistrate. The request must be submitted in writing, on a form prescribed by the county, to the Orange County Code Enforcement Division. The board of county commissioners hereby delegates to the manager of code enforcement the authority to approve such requests in accordance with the provisions of this article, when the amount of the lien is one hundred thousand dollars ($100,000.00) or less. When the amount of the lien is more than one hundred thousand dollars ($100,000.00), approval by the code enforcement board or special magistrate that issued the original order imposing the lien must be obtained. In deciding whether to approve a lien reduction, the code enforcement board, special magistrate, or manager of code enforcement, as applicable, shall review the written submission and listen to any corresponding oral presentation by the requesting party. Lien amounts may be reduced in cases in which a violator has come into compliance but due to hardship is unable to pay the full amount necessary to satisfy and release the lien. Lien amounts may also be reduced in cases in which the violator has not come into compliance but there is a contract to sell the property to a purchaser who intends to bring the property into compliance. Any decision to reduce a lien for the benefit of a prospective purchaser must include a timetable for the property to come into compliance and a stipulation acknowledging that liens are not released until all violations are cured and the property is in compliance. In determining a new amount to satisfy a lien, the code enforcement board, special magistrate, or manager of code enforcement, as applicable, must, at a minimum, recover costs incurred by the county. Code enforcement liens are an asset of the county. Accordingly, any decision to reduce a lien is a discretionary decision and does not constitute a final administrative order for purposes of appeal.

(Code 1965, § 10-12; Ord. No. 82-19, § 12, 9-21-82; Ord. No. 87-37, § 12, 10-19-87; Ord. No. 89-12, § 1, 8-7-89; Ord. No. 89-16, § 9, 11-20-89; Ord. No. 94-24, § 4, 12-6-94; Ord. No. 98-16, § 5, 8-4-98; Ord. No. 2002-10, § 5, 8-13-02; Ord. No. 2002-14, § 9, 9-24-02; Ord. No. 2006-12 , § 1, 7-11-06; Ord. No. 2016-13 , § 2, 6-28-16)

State law reference

Administrative fines; liens, F.S. § 162.09.