Chapter 162 of Florida Statutes sets forth the various ways in which a local government, such as a city, can enforce code violations, such as imposing a fine that might continue to accrue on a daily basis. A code-enforcement board is usually comprised of seven members with two alternate members and should include an architect, businessperson, engineer, general contractor, subcontractor and Realtor.
The process usually starts with a disgruntled neighbor calling code enforcement, and a code inspector initiates the investigation. If a violation is found, the code inspector is required by law to notify the violator. And the code inspector is required to give the violator a reasonable time to correct the violation, unless the violation presents a serious threat to public health or safety or if the violation is irreparable or irreversible in nature.
If the violation continues beyond the time specified for correction, the code inspector notifies the enforcement board and requests a hearing. If a repeat violation is found, the code inspector is required to notify the violator but is not required to give the violator a reasonable time to correct the violation.
After the hearing, the code-enforcement board is required to issue findings of fact based on evidence and law, and the board issues an order. If the board imposes a fine and the violator does not pay the fine by a certain date, the local government may record in the public records a certified copy of an order imposing the fine.
The recorded order then becomes a lien against the land on which the violation exists and notably upon any other real or personal property owned by the violator. Therefore, if you have a code-enforcement lien against Property A, which you own, and desire to sell Property B, which is not in violation but located in the same county, technically the code-enforcement lien attaches to Property B, unless Property B is your homestead. Furthermore, a code-enforcement lien held by a municipal or county government survives issuance of a tax deed unless satisfied of record or otherwise barred by law.
If the code-enforcement lien is not paid within three months after the date of recording, the local government may foreclose on the lien or sue to recover a money judgment for the amount of the lien plus accrued interest. And a local government, such as a city, has 20 years from the date of recording of the code-enforcement lien in the public records to file its foreclosure lawsuit.
The process usually starts with a disgruntled neighbor calling code enforcement, and a code inspector initiates the investigation. If a violation is found, the code inspector is required by law to notify the violator. And the code inspector is required to give the violator a reasonable time to correct the violation, unless the violation presents a serious threat to public health or safety or if the violation is irreparable or irreversible in nature.
If the violation continues beyond the time specified for correction, the code inspector notifies the enforcement board and requests a hearing. If a repeat violation is found, the code inspector is required to notify the violator but is not required to give the violator a reasonable time to correct the violation.
After the hearing, the code-enforcement board is required to issue findings of fact based on evidence and law, and the board issues an order. If the board imposes a fine and the violator does not pay the fine by a certain date, the local government may record in the public records a certified copy of an order imposing the fine.
The recorded order then becomes a lien against the land on which the violation exists and notably upon any other real or personal property owned by the violator. Therefore, if you have a code-enforcement lien against Property A, which you own, and desire to sell Property B, which is not in violation but located in the same county, technically the code-enforcement lien attaches to Property B, unless Property B is your homestead. Furthermore, a code-enforcement lien held by a municipal or county government survives issuance of a tax deed unless satisfied of record or otherwise barred by law.
If the code-enforcement lien is not paid within three months after the date of recording, the local government may foreclose on the lien or sue to recover a money judgment for the amount of the lien plus accrued interest. And a local government, such as a city, has 20 years from the date of recording of the code-enforcement lien in the public records to file its foreclosure lawsuit.