§ 8-10. Orders of fine; liens.

(a)

The special master, upon notification by the code enforcement manager or designee that an order of enforcement has not been complied with by the time set out in the order, or upon finding that a repeat violation has been committed, may enter an order of fine ordering 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 special master in the order of enforcement 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 which has been provided by the code enforcement manager or designee. If a finding of a violation or a repeat violation has been made by the special master pursuant to this chapter, a hearing shall not be necessary for issuance of the order of fine.

(1)

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. However, if the special master finds the violation to be irreparable or irreversible in nature, the special master may impose a fine not to exceed fifteen thousand dollars ($15,000.00) per violation.

(2)

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

a.

The gravity of the violation;

b.

Any actions taken by the violator to correct the violation;

c.

Any previous violations committed by the violator.

(3)

The special master may recommend a reduction of a fine imposed pursuant to this section. In addition to the factors contained in subsection (2) above, the special master shall consider the following mitigating factors when reducing the amount of a fine:

a.

The transfer of the property to a new owner who subsequently brings the property into compliance with the Lake County Code;

b.

The ability of the violator to bring the property into compliance; and

c.

The amount of money and other resources expended to bring the property into compliance.

(b)

The violator shall have the right to request a hearing in front of the special master to challenge the order of fine, provided such hearing is requested within twenty (20) days of the date of issuance of the order of fine. If the hearing is timely requested, it shall be scheduled as soon as practicable in front of the special master. The hearing shall be limited to consideration of only those new findings necessary to imposing the order of fine, and shall in no event be a complete re-hearing of the case. If the violator fails to make a timely request for hearing on the order of fine, the order shall be recorded in the public records of Lake County, Florida. Requesting a hearing on the order of fine shall not toll the time for appeal to the Circuit Court sitting in Lake County, Florida.

(c)

A certified copy of an order of fine shall 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. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs, 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 to foreclose on a lien filed pursuant to this section, whichever shall first occur. After three (3) months from the filing of any such lien which remains unpaid, the special master may authorize the county attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest, pursuant to the provisions of section 162.09, Florida Statutes.

(d)

No lien created pursuant to this chapter 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. 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)

Upon complying with the order of enforcement as executed by the special master, the violator may request a hearing to ask for a reduction in the order of fine. Such request shall be made in writing addressed to the code enforcement manager or designee. Upon receipt of such request, the code enforcement manager or designee shall verify that the violator has complied with the order of enforcement, and if in compliance, shall schedule the matter to be heard by the special master. A request for reduction of fine does not toll the time for filing an appeal of the order of fine to the circuit court.

(Ord. No. 2004-15, § 2, 3-16-04)