Fort Walton Beach Council agenda — 10-09-2007 workshop agenda — reading text

w w.leg. state. fl. us/ statutes/ index. cfm? App _mode= Display _Statute& URL= ChO 162/... 9/13/ 2007 http:// statutes & Constitution: View Statutes: Online Sunshine Page 8 of 14 to subsection ( 1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $ 5, 000 per violation. b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator. c) An enforcement board may reduce a fine imposed pursuant to this section. d) A county or a municipality having a population equal to or greater than 50, 000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the timits set forth in paragraph ( a). Such fines shall not exceed $ 1, 000 per day per violation for a first violation, $ 5, 000 per day per violation for a repeat violation, and up to $ 15, 000 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code enforcement board or special magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection ( 1). Any ordinance imposing such fines shall include criteria to be considered by the code enforcement board or special magistrate in determining the amount of the fines, including, but not limited to, those factors set forth in paragraph ( b). 3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter 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 petition to the circuit court, such order shall be enforceable 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 shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4( a), Art. X of the State Constitution. History.-- s. 1, ch. 80- 300; s. 8, ch. 82- 37; s. 2, ch. 85- 150; s. 8, ch. 86- 201; s. 2, ch. 87- 391; s. 8, ch. 89- 268; s. 4, ch. 94- 291; s. 1, ch. 95- 297; s. 5, ch~ 99- 360; s. 1, ch. 2000- 125; s. 65, ch. 2004- 11. 162/... 9/13/ 2007 http:// www.leg. state. fl.us/ statutes/ index. cfm?App _mode= Display _Statute& URL= ChO Statutes & Constitution: View Statutes: Online Sunshine Page 9 of 14 Note..- Former s. 166. 059. 162. 10 Duration of lien. --No lien provided under the Local Government Code Enforcement Boards Act 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 is commenced pursuant to s. 162. 09( 3) in a court of is competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the action. The local lien. The governing body shall be entitled to collect all costs incurred in recording and satisfying a valid continuation of the lien effected 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. History.-- s. 9, ch. 82- 37; s. 9, ch. 86- 201; s. 9, ch. 89- 268; s. 5, ch. 94- 291; s. 2, ch. 2000- 125. 162. 11 Appeals.-- An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. History.-- s. 1, ch. 80- 300; s. 10, ch. 82- 37; s. 3, ch. 85- 150; s. 10, ch. 86- 201. Note. -- Former s. 166. 061. 162. 12 Notices.-- 1) All notices required by this part shall be provided to the alleged violator by: a) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax.collector's office for tax. notices, and at is returned as unclaimed or any other address provided to the local government by such owner and refused, notice may be provided by posting as described in subparagraphs ( 2)( b )1. and 2. and by first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; who is c) Leaving the notice at the violator's usual place of residence with any person residing therein above 15 years of age and informing such person of the contents of the notice; or d) In the case of commercial premises, leaving the notice with the manager or other person in charge. 2) In addition to providing notice as set forth in subsection ( 1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: 162/...9/ 13/ 2007 Display _Statute& URL= ChO www.leg. state. fl.us/ statutes/ index.cfm?App _mode= http:// tatutes &, ConstItution: View Statutes: Online Sunshine Page 10 of 14 a) 1. Such notice shall be published once during each week for 4 consecutive weeks ( four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shaU meet such requirements as are prescribed under chapter 50 for legal and official advertisements. 2. Proof of publication shall be made as provided in ss. 50. 041 and 50. 051. b) 1. In lieu of publication as described in paragraph ( a), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said county. 2. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection ( 1). Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection ( 1), together with proof of publication or posting as provided in subsection ( 2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. History.-- s. 1, ch. 80- 300; s. 11, ch. 86- 201; s. 3, ch. 87- 391; s. 10, ch. 89- 268; s. 6, ch. 94- 291; s. 6, ch. 99- 360; s. 3, ch. 2000- 125. Note. --Former s. 166. 062. 162. 125 Actions for money judgments under this chapter; limitation. --Actions for money judgments under this chapter may be pursued only on fines levied after October 1, 2000. History.-- s. 4, ch. 2000- 125. 162. 13 Provisions of act supplemental. --It is the legislative intent of ss. 162. 01- 162. 12 to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in 55. 162. 01- 162. 12 shall prohibit a local governing body from enforcing its codes by any other means. History.-- s. 11, ch. 82- 37. PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES http:// w wl.eg. state. fl. us/ statutes/ index. cfm?App _mode= Display _Statute& URL= ChO 162/... 9/ 13/ 2007 statutes & ConstItutiOn: View Statutes: Online Sunshine Page 11 of 14 162. 21 Enforcement of county or municipal codes or ordinances; penalties. 162. 22 Designation of enforcement methods and penalties for violation of municipal ordinances. 162. 23 Notice to appear. 162. 30 Civil actions to enforce county and municipal ordinances. 162. 21 Enforcement of county or municipal codes