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 Clay County
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article IV. CODE ENFORCEMENT

  § 2-108. Administrative fines; costs of repair; liens.  

Latest version.

  • (a)

    The assigned special magistrate upon notification by the code inspector that an order of the assigned special magistrate has not been complied with by the set time may order the violator to pay a fine not to exceed two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compliance, or, upon finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed five hundred dollars ($500.00) for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. If the assigned special magistrate finds the violation to be irreparable or irreversible in nature, the assigned special magistrate may impose a fine not to exceed five thousand dollars ($5,000.00) per violation.

    (b)

    In determining the amount of the fine under subsection (a), if any, the assigned special magistrate 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)

    A certified copy of an order imposing a fine, or a fine plus repair costs and/or other associated costs incurred by the county under subsection (d), may be recorded in the public records of the county, and thereafter shall constitute a lien against the real property on which the violation exists and 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 sheriff of the county, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the assigned special magistrate may authorize the county attorney to foreclose on the lien with the approval of the board. No lien created pursuant to the provisions of this article may be foreclosed on real property which is a homestead under Section 4, Article X of the Constitution of the State of Florida.

    (d)

    If the violation is a violation described in subsection 2-106(c), the assigned special magistrate shall notify the board, which may make all reasonable repairs and/or other associated costs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the board to make further repairs or to maintain the property and does not create any liability against the board or the county for any damages to the property if such repairs were completed in good faith.

(Ord. No. 2014-2, § 1, 1-28-14)