Reso 2007-1047 - Laserfiche WebLink

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General Code E-Code: City of Sunny Isles Beach, FL Page 6 of7 order of a Special Master is based. The Clerk shall make a reasonable charge commensurate with the cost for the preparation of the official record on appeal and transmittal thereof to the Circuit Court for making certified copies of any record or portion thereof. ~ 14-12. Rehearing. A. Upon a filing of a petition for rehearing by a violator or by the City, a Special Master may rehear a case: (1) To take additional testimony or issue a new order. The petition must be filed with the City Clerk and must demonstrate that there is newly discovered evidence which could not have been discovered through the use of due diligence prior to the original hearing and which will probably change the result if a rehearing is granted; or (2) The Special Master has overlooked or failed to consider something that renders the order issued erroneous. B. Each petition for rehearing must be filed within 10 days of the filing of the last order issued in the case. ~ 14-13. Recovery of unpaid civil penalties; unpaid penalties to constitute lien; foreclosure. A. A certified copy of an order imposing a civil penalty shall be recorded in the public records and thereafter shall constitute a lien against the property 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 civil penalty imposed pursuant to this chapter shall continue to accrue until the violator complies or until judgment is rendered in a suit to foreclose a lien filed pursuant to this chapter, whichever occurs first. After three months from the date of filings of any such lien that remains unpaid, the City may foreclose or otherwise execute the lien. (1) Prior to the filing of the order imposing any civil penalties the Code Enforcement and Licensing Department shall endeavor to notify the subject property owner of any civil penalties due to the City as follows: (a) A "second notice" detailing the nature of the penalties and amount(s) due if payment of the penalties is not received by the due date prescribed in the civil violation notice or the order of the Special Master. (b) A final notice titled "notice of intent to lien" thereafter if the subject property owner fails to pay the amounts due within 10 calendar days of the service of the "second notice". (2) No such notices shall be required if the alleged violator fails to appear at the subject Special Master hearing. In such a case the order of the Special Master shall be the final notice of intent to lien. (3) Any and all orders recorded by the office of the City Clerk that impose penalties as prescribed herein shall not be satisfied without the approval of the office of the City Attorney in conjunction with the Special Master based on a recommendation from the Director of the Code Enforcement and Licensing Department. B. The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties and code enforcement liens. C. No lien provided under this chapter 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 to foreclose on a lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest and all costs, including a reasonable attorney's fee, incurred in the foreclosure. The continuation of the lien affected 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. ~ 14-14. Enforcement provisions cumulative and supplemental. Nothing contained in this chapter shall prohibit the City from enforcing its Code by any other means. The enforcement procedures outlined herein are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this Code. ~ 14-15. Additional enforcement powers. In addition to the powers and authority given to the Special Masters for the City pursuant to this chapter, the City may, in its discretion, exercise any powers given to municipalities or their Special Masters by Florida Statute, Chapter 162, as amended. ~ 14-16. Schedule of civil penalties. Editor's Note: See also Ch. 1, General Provisions, Art. II, Penalties, for additional penalty provisions. A. The schedule of civil penalties, as may be amended from time to time, shall be the same as set forth in Section 8CC-10 of the Code of Miami-Dade County and is attached for convenient reference. Editor's Note: The full Schedule of Civil Penalties, based on http://www.e-codes.generalcode.com/searchresults.asp ?cmd=getdoc&DocId=4&Index=C%3 a%5cProgra... 2/23/2007