§ 2-303. Administrative fines and liens.

(a)

Amount of fine. A special master may impose a fine up to the maximum amount described in this subparagraph as provided below:

(1)

A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for the first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation; and, in addition thereto, may include all costs of repairs pursuant to subsection (a) of this section. However, if a special master finds the violation to be irreparable or irreversible in nature, he or she may impose a fine not to exceed five thousand dollars ($5,000.00) per day per violation.

(2)

In determining the amount of the fine, if any, a special master shall consider the following factors:

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)

Each day a violation exists shall constitute a separate violation for the purpose of assessing such fine.

(b)

Reduction of fine. The special master shall have the right to reduce a code fine pursuant to the following procedure:

(1)

The violation(s) for which the code fine is related must be corrected. The city staff must inspect the property and file with the special master a notice of compliance.

(2)

The property owner or representative must submit in writing to the city a request to be placed on the special master agenda for a fine reduction request.

(3)

City staff shall submit a written recommendation to the special master regarding the requested fine reduction and set the fine reduction request on the special master agenda. The special master shall only consider a fine reduction that has been placed on the agenda unless the city otherwise consents.

(4)

In considering the whether to grant a fine reduction and the amount of the reduction, the guiding principal should be the city's primary goal in code enforcement is to attain code compliance and to recoup the expenses incurred by the city. The special master shall consider all factors considered relevant in making such a determination, including but not limited to, the following:

a.

The costs incurred by the city in investigating and prosecuting the code violation, including staff time, recording costs and attorney fee.

b.

The responsiveness and cooperation of the property owner in correcting the violation and mitigating reasons for any lack of cooperation such as age, physical disabilities or financial limitations.

c.

Prior code enforcement actions by the city against the same owner or an entity directly or indirectly under the control of the same person.

(5)

The city manager shall have the authority to issue lien releases without the special master's approval as long as a fine reduction is not associated with the lien release.

(c)

Lien for unpaid fine. A certified copy of the findings of fact, conclusions of law and order imposing fine may be recorded in the public records of Volusia County and shall thereafter 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 may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A lien arising from a fine imposed pursuant to this section runs in favor of the city and the city manager may authorize the execution of a satisfaction and release of lien entered pursuant to this article. No lien created pursuant to the provisions of this section may be foreclosed on real property that is a homestead under Section 4, Article X of the Florida Constitution.

(Ord. No. 03-37, § 1, 1-13-04; Ord. No. 11-10, § 2, 7-26-11)