§ 30-17. Administrative fines, costs, and liens.

(a)

Order by special magistrate or a code enforcement board. The special magistrate or a code enforcement board, upon notification by the code enforcement officer that an order of the special magistrate or the code enforcement board has not been complied with by the set time or upon finding that a repeat violation has been committed. However, the special magistrate may order the violator to pay a fine in an amount specified in section 30-29, classes of violations and associated civil penalties, for each day the violation continues past the date set by the special magistrate or the code enforcement board for compliance; or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code enforcement officer; or may order abatement. In addition, if the violation is a violation described in section 30-14 (d) above, the special magistrate or the code enforcement board will notify the city, which may take the actions set forth with specificity in section 30-14 (d). If a finding of a violation or a repeat violation has been made by the special magistrate or the code enforcement board, as provided in this code, a hearing will not be necessary prior to issuance of an order imposing a fine. However, if a dispute arises as to whether the violator has complied, the special magistrate or the code enforcement board, may grant a request for hearing if the request is made by the violator in writing, setting forth the reasons for dispute, and received by the city special magistrate or code enforcement board no later than ten (10) days following the date specified in the order for compliance. If such hearing is held, testimony will be limited to the issue of compliance with the special magistrate's or code enforcement board's previous order and no new evidence as to whether a violation occurred will be allowed. If the violation is of the type described in section 30-14 (d), the special magistrate or code enforcement board may charge the violator with the cost of those repairs made by the city, along with the fine imposed under this section.

(b)

Administrative fine. A fine imposed by the special magistrate or a code enforcement board, under this section shall not exceed the statutory limitations imposed by Chapter 162, Florida Statutes of five hundred dollars ($500.00) per day, excepting the penalty provisions specified in chapter 30.

(1)

The special magistrate or a code enforcement board may assess the cost of all repairs incurred by the city in accordance with subsection (a) of this section as an additional component of the fine as well as the costs of prosecuting the case before the special magistrate or the code enforcement board. For purposes of this article, prosecution costs include, but are not limited to, recording costs, inspection costs, time spent by the code enforcement officer(s), police officer(s) or other city staff at hearings, preparation costs, photography costs, attorney fees, and similar items.

(2)

The following factors will be considered by the special magistrate or a code enforcement board in determining the amount of the fine or the amount of mitigation necessary, if any:

a.

The gravity of the violation;

b.

Any actions taken by the violator to correct the violation; and

c.

Any previous violations committed by the violator.

(3)

The special magistrate or a code enforcement board may reduce the fine imposed under this section and is authorized to mitigate any such fine at a hearing specifically noticed for such purpose.

(c)

Creation of a lien. A certified copy of an order imposing a fine or a fine plus repair costs, and/or assessing the costs of prosecution, may be recorded in the public records and thereafter will constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order will not be deemed to be a court judgment except for enforcement purposes. A fine imposed under this article will continue to accrue until (i) the violator has complied with the order rendered by the special magistrate or a code enforcement board or until (ii) judgment is rendered in a suit to foreclose the lien, whichever occurs first. A lien arising from a fine imposed under this section runs in favor of the City of Cocoa Beach, and the city manager may execute a satisfaction or release of lien entered in accordance with this section. The city may foreclose on a lien, which remains unpaid for a period of three or more months after filing thereof or sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created under this article may be foreclosed on real property which is a homestead under section 4, article X, of the state constitution. The money judgment provisions of this section will not apply to real or personal property which is covered under section 4(a), article X, of the state constitution.

(d)

Duration of lien. A lien established in accordance with the provisions of this article may not continue for a period longer than 20 years after the certified copy of an order imposing the fine and/or assessing the costs of prosecution has been recorded, unless within that time an action to foreclose on the lien is commenced as set forth in section 30-17 above, in a court of competent jurisdiction. In an action to foreclose on the lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the action. The city is entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected by the commencement of an action will not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

(e)

Jurisdiction over lien. The special magistrate or a code enforcement board will retain jurisdiction over all cases in which a lien has been recorded until the lien has been released. Upon a showing of clear and convincing evidence by the violator, the special magistrate or code enforcement board has the authority to reduce the lien amount for pay-off purposes, in the following circumstances:

a.

The violator has come into compliance, but due to circumstances beyond his or her control resulting in extreme financial hardship, the violator cannot pay the full amount necessary to satisfy and release the lien; or

b.

The violator has not come into compliance, but has a contract to sell the property, contingent upon release of the lien, to a contract purchaser who intends to bring the property into compliance, provided, however, that the contract-purchaser must first enter into an agreement with the city, indicating his intent to bring the property into compliance and a timetable for completing the work, and establishing security for performance. The authority to reduce fines granted to the special magistrate or a code enforcement board will be applicable to all code enforcement cases in which a lien has been placed on the property and remains unsatisfied.

(Ord. No. 1583, § 3, 10-2-2014)