§ 28-111. Administrative fines; liens.

(a)

The nuisance abatement board, upon finding noncompliance with its order by the set time, or upon finding that a recurring public nuisance has been committed, may order the owner to pay a fine in an amount specified in this section for each day the public nuisance continues past the date set by the nuisance abatement board for compliance, or, in the case of a recurring public nuisance, for each day the recurring public nuisance continues from the date the recurring public nuisance is found to have occurred.

(b)

A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a first occurrence of a public nuisance and shall not exceed five hundred dollars ($500.00) per day for a recurring public nuisance. However, total fines imposed pursuant to this article shall not exceed fifteen thousand dollars ($15,000.00). In determining the amount of the fine, if any, the nuisance abatement board shall consider the following factors:

(1)

The gravity of the public nuisance;

(2)

Any actions taken by the owner to correct the public nuisance; and

(3)

Any previous public nuisances created by the owner.

The nuisance abatement board may reduce a fine imposed pursuant to this section.

(c)

A certified copy of an order imposing a fine may be recorded in the public records of the county and thereafter shall constitute a lien against the land on which the public nuisance exists and upon any other real or personal property owned by the owner. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs on this state, including levy against personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this article shall continue to accrue until the owner 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 nuisance abatement board may authorize the county attorney or the sheriff's office to foreclose on the lien. After the suit for foreclosure has been filed, any offer of settlement shall be accepted or rejected by the county in the same manner as set forth in section 11-37, Orange County Code, as amended from time to time, or any other relevant provision pertaining to settlement of foreclosure actions, except to the extent that such provisions are inconsistent with the provisions stated in this article or general law. The county administrator, or his or her designee, may accept or reject settlement of such foreclosure case. If accepted, and the amount of the lien foreclosed by such lawsuit is less than twenty thousand dollars ($20,000.00), the proposed settlement shall be final upon the court's signature of the final judgment. If the amount of the lien foreclosed is twenty thousand ($20,000.00) or more, the proposed settlement shall not be binding upon the county until approved by the board of county commissioners. No lien created pursuant to the provisions of this article may be foreclosed on real property which is a homestead under Fla. Const. Art. X, § 4.

Where a local government seeks to bring an administrative action, based on a stolen property nuisance, 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 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.

(Ord. No. 99-01, § 1, 1-12-99; Ord. No. 2001-17, § 5, 8-28-01)