Whenever the code enforcement officer receives a written, signed complaint alleging a violation of these Land Development Regulations, or any other provision found within the city Code of Ordinances, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken. No member of the special magistrate or code enforcement board shall have the power to initiate such enforcement proceedings.

(Ord. No. 9-04, § 8, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of these Land Development Regulations, or any other provision found within the city Code of Ordinances, may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(Ord. No. 9-04, § 8, 7-12-2004)

1.

Notice; order; hearing. Except as provided in the following subparagraph (2) if the code enforcement officer finds that any provision of these Land Development Regulations, or any other provision of the city Code of Ordinances, is being violated, he or she shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code enforcement officer shall notify the special magistrate or code enforcement board and request a hearing. The special magistrate or code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in section 13.5.1 above, to said violator. At the option of the special magistrate or code enforcement board notice may additionally be served by posting, as provided in section 13.5.1 above. If the violation has been corrected and then recurs or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the special magistrate or code enforcement board, even if the violation has be corrected prior to the board hearing, and the notice shall so state.

2.

Repeat violation. If a repeat violation is found, the code enforcement officer shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the violator of a repeat violation, shall notify the special magistrate or code enforcement board and request a hearing. The special magistrate or code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 13.5.5 [13.5.1] of these Land Development Regulations. The case may be presented to the special magistrate or code enforcement board even if the repeat violation has been corrected prior to the board hearing, and notice shall so state. If the repeat violation has been corrected, the special magistrate or code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs a determined by the special magistrate or code enforcement board.

3.

Serious threat. If the code enforcement officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately notify the special magistrate or code enforcement board and request a hearing.

4.

Duties of property owner. If the property owner of property which is subject to an enforcement proceeding before the special magistrate or code enforcement board, or court, transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

a.

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

b.

Deliver to the prospective transferee a copy of the pleadings, notices and other materials relating to the special magistrate or code enforcement board proceeding received by the transferor.

c.

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the special magistrate or code enforcement board proceeding.

d.

File a notice with the code enforcement officer of the transfer of the property, with identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer.

A failure to make the disclosures prescribed in paragraphs (a) through (c), inclusive, above, before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

(Ord. No. 9-04, § 8, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

1.

Fine generally; repairs. The special magistrate or code enforcement board, upon notification by the code enforcement officer that an order of the special magistrate or code enforcement board has not be [been] complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the special magistrate or code enforcement board for compliance, or in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code enforcement officer. In addition, if the violation is a violation which, as determined by the code enforcement officer, is a threat to the public health safety and welfare, the special magistrate or code enforcement board shall notify the city commission, which may make all reasonable repairs 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 city commission to make further repairs or to maintain the property and does not create any liability against the city commission for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the special magistrate or code enforcement board finds violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in the following subparagraph.

2.

Amount of fine. A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to section 15.4.1 above. However, if the special magistrate or code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation.

3.

Considerations. In determining the amount of the fine, if any, the special magistrate or code enforcement board 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.

4.

Reduction of fine. The special magistrate or code enforcement board may reduce a fine imposed pursuant to this section.

5.

Recording; lien generally. A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records 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. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the Alachua County Sheriff, 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. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor or the city commission, and the city commission may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien which remains unpaid, the special magistrate or code enforcement board may authorize the city attorney to foreclosure [foreclose] on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under section 4, article 10 of the state constitution. The money judgment provisions of this section shall not apply to real or personal property which is covered under section 4(a), article 10 of the state constitution.

6.

Duration of lien; foreclosure. No lien provided under these provisions 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 is commenced, as provided above, in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney fee that it incurs in the action. The city commission shall be entitled to collect all costs incurred in recording and satisfying a valid lien, the continuation or subsequent purchasers for valuable consideration without, notice, unless a notice of lis pendens is recorded.

(Ord. No. 9-04, § 8, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)