§ 34-124. Enforcement; fines and penalties; appeal; use of funds.

(a)

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

(1)

First offense, $250.00 fine.

(2)

Second offense (within one year of the first offense) and each offense thereafter, $500.00 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, in accordance with chapter 26 of this Code.

(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.

(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. A violator may be subject to the reinspection provisions of chapter 26 of this Code.

(g)

As an alternative or additional means of enforcement, the city may institute proceedings to revoke or suspend the certificate of use of any commercial applicator or institutional applicator, or seek injunctive relief. 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. 4432-12, § 1, 8-20-2012)