§ 2-349. Administrative Penalties.

(a)

A fine imposed pursuant to this section shall not exceed $250.00 per day for the first violation and shall not exceed $500.00 per day for a repeat violation. In addition, the Special Magistrate may award all costs of repairs pursuant to subsection 2-348(o)(3) herein, and all costs incurred by Sarasota County in the code enforcement proceeding, under such guidelines as may be established by resolution of the Board of County Commissioners. In determining the amount of the fine or the amount of mitigation necessary, if any, the Special Magistrate shall consider the following factors:

(1)

The gravity of the violation;

(2)

Any actions taken by the Violator to correct the violation;

(3)

Any previous violations committed by the Violator;

(4)

The potential harm to the public or the environment threatened by continued noncompliance; and

(5)

The amount of the fine necessary to discourage continuing violation.

(b)

A certified copy of an order imposing a fine, or a fine plus repair costs, shall be recorded in the public records by the Clerk 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. Subdividing any property upon which the violation exists shall result in the lien applying to all subdivisions of the property. 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.

(1)

Any per diem penalty imposed pursuant to this section shall continue to accrue with interest at the statutory rate until:

a.

The Violator has complied with the Order rendered by the Special Magistrate and the Code Enforcement Officer has executed a Certificate of Compliance; or

b.

The amount due (principal plus interest) to satisfy the lien exceeds the assessed value of the property against which the lien has been filed (the "Property"), said value as determined by the Property Appraiser's Office; or

c.

The Office of the County Attorney files an action to foreclose the lien on the Property.

(2)

In the event the per diem penalty is tolled because of entry of a Certificate of Compliance, interest shall continue to accrue on the lien until such time as the Violator satisfies the lien with full payment of the principal and interest or the total amount due (principal plus interest) to satisfy the lien exceeds the assessed value of the Property.

(3)

After three (3) months from the filing of any such lien which remains unpaid, the Office of the County Attorney may foreclose on the lien or take any other action with respect to the lien consistent with F.S. § 162.09.

a.

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.

b.

In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The 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.

(c)

Unless as specified further below, the Special Magistrate shall retain jurisdiction over all cases in which a lien has been recorded until the lien has been released.

(1)

Upon a showing of clear and convincing evidence by the Violator, the Special Magistrate has the authority to reduce the lien amount for pay-off purposes to an amount not less than the costs incurred by the County, 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. Although there is no fixed definition of extreme financial hardship, which must be determined on a case-by-case basis, the Special Magistrate may inquire about the following:

i.

Financial considerations such as current employment status and future employability, loss of a business or professional practice, decline in standard of living, cost of extraordinary care of children or infirm parents, bankruptcy, or foreclosure;

ii.

Health considerations such as past or current conditions and treatment requirements, availability or quality of treatment, anticipated duration of treatment, or the acute or chronic nature of a condition:

iii.

Educational considerations such as past education and future opportunities for higher education, or availability of training: or

iv.

Personal considerations such as availability of close relatives. separation or divorce, length of residence and community ties, or access to social institutions or structures.

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 Sarasota County indicating his intent to bring the Property into compliance and a timetable for completing the work, and establishing security for performance.

c.

The Violator did not bring the property into compliance, but a subsequent innocent owner has brought the property into compliance, and the amount of the outstanding code enforcement lien compared to the value of the property prevents an economically viable use of the property.

(2)

Upon request from a property owner, the Code Enforcement General Manager, after consultation with the Prosecutor, may confirm the extinguishment any enforcement lien by a certificate of sale in a foreclosure proceeding in which the County was named as a defendant. If the property owner requests a release, the County may charge a reasonable recording fee for the preparation and recording of the release.

(3)

Upon a showing of a preponderance of the evidence by Prosecutor or Code Enforcement Officer that a violation continues on the property after entry of a certificate of sale resulting from foreclosure, the County may file an Affidavit of Recurrence of Violation. After conducting a new penalty hearing, the Code Enforcement Special Magistrate may enter a new penalty order imposing a new lien on the property.

(4)

Code enforcement liens attach to all real and personal property of a Violator. Upon the filing of a request for relief by a contract purchaser, the Special Magistrate may release code enforcement liens to properties where the violation does not exist. As a condition to release of property different than the one where a violation exists, the Special Magistrate shall require the contract purchaser to provide funds sufficient for the County to abate the violation on that property where the violation exists.

(5)

The authority to reduce fines granted to the Special Magistrates shall be applicable to all code enforcement cases in which a lien has been placed on any property owned by the Violator, real or personal, and remains unsatisfied.

(Ord. No. 93-006, § 9, 2-9-1993; Ord. No. 93-076, § 2, 9-28-1993; Ord. No. 2000-052, § I, 7-25-2000; Ord. No. 2005-029, § 8, 6-29-2005; Ord. No. 2017-057, § 9, 11-14-2017)