§ 34-42. Fines and penalties for violation; appeals; alternate means of enforcement.

(a)

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

(1)

First offense, $250.00 fine.

(2)

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

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. A person may receive a separate notice of violation once every hour if a violation has occurred at any time within that period. Each notice of violation shall constitute a separate offense for which a separate fine may be imposed.

(b)

A violator who has been served with a notice of violation 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 appeal the decision of the code inspector that has resulted in the issuance of the notice of violation.

(c)

The named violator shall 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 courtesy notice shall be provided to the complainant of any hearing regarding the notice of violation, and the complainant may testify at such hearings. Failure to give such notice shall not be a cause for continuance or cancellation of any scheduled hearing of the matter.

(d)

If the named violator after notice fails to pay the civil fine or fails to timely request an administrative hearing before a special magistrate, the special magistrate shall be informed of such failure by report from the code enforcement officer. 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 penalties may be assessed 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 other 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.

(g)

As an alternative or additional means of enforcement, the city may institute proceedings to revoke or suspend an occupational license and/or certificate of use or seek injunctive relief. In cases of recurring violations, the code enforcement officer may issue a citation for prosecution before the special magistrate as provided in this chapter wherein, upon a finding of violation by the special magistrate, a per diem fine may be imposed. A violation shall be considered recurring when a person or entity has received three notices of violation within a period of one month.

(h)

As a further alternative or additional means of enforcement, the city may employ the alternative code enforcement procedures for a civil infraction described in chapter 26, article III of this Code.

(Ord. No. 4136-08, § 1, 4-21-2008; Ord. No. 4505-14, § 1, 2-3-2014)