§ 46-14. Enforcement.

(a)

The special magistrate, upon notification that an order entered on a public nuisance has not been complied with or, upon finding that a repeat public nuisance exists, may impose a fine in an amount specified in this division for each day of non-compliance past the date set by the special magistrate for compliance, or, in the case of a repeat nuisance, for each day the repeat nuisance continues past the date of notice to the owner of such repeat nuisance. A hearing shall not be necessary for issuance of the order imposing the fine. A copy of the order imposed shall be hand delivered or sent regular U.S. mail to the property owner.

(b)

If a fine is to be imposed, the owner(s) shall be given 20 days' notice within which to request a hearing to challenge the fine amount imposed by the order. If such a hearing is not timely requested, the village may record a certified copy of the order in the public records of Palm Beach County and thereafter the order shall constitute a lien as set forth in this division. The hearing to challenge the fine amount imposed by the order shall be requested in writing to code compliance and shall be limited to a consideration of the severity of the public nuisance; action taken to abate the public nuisance; and, any prior public nuisances complaints or orders against the owner. The owner shall bear the burden of proof at such hearing to show cause why the fine imposed in the order is not appropriate. If a request for hearing to challenge the fine amount is timely received by code compliance, a hearing will be set and notice of the hearing shall be sent to the owner. All orders entered by the special magistrate at this hearing which impose a fine and/or administrative costs may be recorded in the public records of Palm Beach County and thereafter the orders shall constitute a lien.

(c)

The total fines imposed pursuant to this section shall not exceed $15,000.00.

(d)

A certified copy of an order imposing a fine or other penalties may be recorded in the public records and thereafter shall constitute a lien against the land on which the nuisance exists or existed. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of the state, including execution and levy against the personal property of the owner or operator, 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 owner brings the property into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine pursuant to this section runs in favor of the village and the village 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 may authorize the foreclosure of the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution.

(e)

In addition to the foregoing, the special magistrate may authorize the village to file a complaint under F.S. § 60.05, seeking a permanent injunction against any place, property or premises found to be a public nuisance. The special magistrate may further authorize the village to institute enforcement proceedings under F.S. § 120.69, and seek any other appropriate relief as may be provided or permitted. However, this subsection does not subject the village or the special magistrate to any other provisions of F.S. ch. 120.

(Ord. No. 2015-20, § 2, 5-14-2015)