§ 2-7-26. Administrative fines; costs of repair; liens.

(a)

Upon being notified by the code enforcement officer that a previous order of the special magistrate has not been complied with by the time specified in such order, or finding that a repeat violation has been committed, the special magistrate may impose a fine at the daily rate previously set by the special magistrate, 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 a code enforcement officer.

(b)

If there is reason to believe that a violation or a 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 special magistrate shall notify the board of county commissioners, which may make all reasonable repairs or other corrective actions required to bring the property into compliance, or otherwise secure the property, and charge the violator with the reasonable costs of the repairs or other corrective actions along with the fines imposed pursuant to this section.

Making such repairs does not create a continuing obligation on the part of the board of county commissioners to make further repairs or to maintain the property, and does not create any liability against the board of county commissioners for damages to the property if such repairs were completed in good faith.

(c)

If a finding of a violation or a repeat violation has been made as provided in this article, a separate hearing shall not be necessary for issuance of the order imposing the fine by the special magistrate.

(d)

A fine imposed pursuant to this section shall not exceed one thousand dollars ($1,000.00) for each day that the violation continues past the date set for compliance and shall not exceed five thousand dollars ($5,000.00) per day for repeat violations, and, in addition, may include all costs of repairs or other corrective action pursuant to subsection (b) above. If, after due notice and hearing, the special magistrate finds a violation to be irreparable or irreversible in nature, the special magistrate may impose a fine not to exceed fifteen thousand dollars ($15,000.00) per violation.

(e)

In determining the amount of the fine, if any, the special magistrate shall consider the following factors:

(1)

The gravity of the violation;

(2)

Any actions taken by the violator to correct the violation; and

(3)

Any previous violations committed by the violator.

(f)

The special magistrate may, in his or her discretion, adopt a consent order proposed by the enforcing department setting forth agreed terms for payment of any fine in lieu of execution or foreclosure as set forth in subsection 2-7-27(a) of the Manatee County Code.

(Ord. No. 17-44 , § 3, 9-26-17)