§ 22-229. Fines and penalties; appeals.

(a)

The following civil fines shall be imposed for violations of this chapter:

First offense: $250.00 fine.

Second offense (within one year of the first offense) and each offense thereafter: $1,000.00 fine.

Fourth offense (in any 12-month period) for vehicle for hire company or owner (in addition to any fine): revocation of certificate of use.

For purposes of this section, "offense" shall mean a notice of violation that has not been contested timely or a finding of violation by a special magistrate.

(b)

A violator who has been served with a notice of violation in accordance with chapter 26, article II of the City Code shall elect either to:

(1)

Pay the civil fine in the manner indicated on the notice; or

(2)

Request an administrative hearing before a special magistrate to contest the decision of the code inspector that has resulted in the issuance of the notice of violation.

(c)

The named violator may request an administrative hearing before the special magistrate by filing a written request for hearing with the special magistrate's office within ten days of the date of the notice of violation. A notice shall be provided to the complainant of any hearing regarding the notice of violation, and the complainant may testify at such hearings.

(d)

Failure of the named violator to appeal the notice of violation within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special magistrate. A waiver of the right to an administrative hearing shall be treated as an admission of the violation and the special magistrate may assess penalties accordingly.

(e)

Any party aggrieved by the decision of a special magistrate may appeal that decision to a court of competent jurisdiction as provided in F.S. § 162.11.

(f)

The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien that remains unpaid, the city may foreclose or otherwise execute on the lien.

(Ord. No. 4532-14, § 1, 10-14-2014)