§ 26-35. Penalties.

(a)

The special master, upon notification by the code inspector that an order of the special master has not been complied with by the set time, or upon a finding that a repeat violation has been committed, may order the violator to pay a fine not to exceed $250.00 per day that any violation continues past the date set by the special master's order for compliance; or, in the case of a repeat violation, a fine of up to $500.00 per day for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. If the city prevails in prosecuting a case before the special master, the special master may impose additional fines to cover all costs incurred by the city enforcing its codes and all costs of repairs incurred pursuant to section 26-33. Moreover, if the special master finds that the violation is one that presents a serious threat to the public health, safety, and welfare, or if the violation is irreparable or irreversible in nature, the special master shall inform the city, and the city may then make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of repairs, along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property, and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the special master finds a violation to be irreparable or irreversible in nature, the special master may order the violator to pay a fine as specified in this section.

(b)

The special master shall have the authority to impose fines in excess of the limits set forth in subsection (a) of this section. Such fines shall not exceed $1,000.00 per day, per violation for a first violation, $5,000.00 per day, per violation for a repeat violation, and up to $15,000.00 per violation if the special master finds the violation to be irreparable or irreversible in nature. Any order imposing such fines shall include all criteria considered by the special master in determining the amount of the fines, including, but not limited to, the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator.

(c)

In determining the amount of fine, if any, the special master shall consider the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by the violator. A certified copy of an order imposing a fine may be recorded in the public records in the office of the clerk of the circuit court in and for the county, and, once recorded, 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 a petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of the state, including execution plus levy against the personal property of the violator, but such order shall not be deemed otherwise to be a judgment of a court, except for enforcement purposes. A fine imposed pursuant to this subsection shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclosure on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine pursuant to this section runs in favor of the city, and the mayor or designee may execute a satisfaction or release of a lien entered pursuant to this section.

(d)

After three months from the filing of any such lien which remains unpaid, the city may foreclose the lien in the same manner as mortgage liens are foreclosed, together with interest, costs and reasonable attorneys' fees. The city shall be entitled to collect all costs incurred in and satisfying a valid lien. Such lien shall be superior to all other liens except a lien for taxes, and shall bear interest at the rate allowed by law.

(e)

No lien provided by this section shall continue for a period longer than 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 a lien the prevailing party is entitled to recover all costs, including reasonable attorneys' fees, that it incurs in the foreclosure. The continuation of the lien affected 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.

(Code 1979, § 2-173)