Ordinance 2016-485 - Laserfiche WebLink

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§ 14-13. Recovery of unpaid civil penalties; unpaid penalties to constitute a 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"/intent to lien and demand for payment detailing the nature of the penalties and amount(s) due if payment of the penalties is not received within ten calendar days of the date of intent to lien and demand of payment or the order of the Special Master Magistrate. (b) A final notice titled "final notice of intent to lien and demand for payment" thereafter if the subject property owner fails to pay the amounts due within ten 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 Magistrate hearing. In such a case the order of the Special Master Magistrate 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 Magistrate 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 9 Words added underlined.words stricken deleted