A certified copy of an order imposing a fine, which may include outstanding administrative
costs and repair or abatement costs, may be recorded in the public records of Martin
County, and thereafter, shall constitute a lien against the land on which the violation
exists, and upon any other real and personal property owned by the violator. Such
lien shall bear interest at the highest rate permitted by law, from the date of the
order entered by the code enforcement board or special magistrate. Upon petition to
the circuit court, such order may be enforced in the same manner as a court judgment
by a sheriff 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 fine imposed pursuant to this section shall continue to accrue daily until the violation
comes into compliance, or until judgment is rendered in a suit to foreclose the lien
filed, whichever occurs first. A lien arising from the fine imposed pursuant to this
section, runs in favor of the town. Upon payment of the fine and costs, the town manager
may execute a satisfaction or release of lien. After three months from filing any
lien which remains unpaid, the town commission may authorize the town attorney to
foreclose the lien or to sue to recover a money judgment for the amount of the lien
plus interest. No lien created, pursuant to the provisions of this section, may be
foreclosed on real property which is a homestead, under Section 4, Article X of the
State Constitution. No lien provided for hereunder, and pursuant to F.S. ch. 162,
shall continue for a period longer than 20 years after the certified copy of the order
imposing the fine has been recorded, unless within that time an action to foreclose
on the lien is commenced in a court of competent jurisdiction. In any action to foreclose
on a lien or collect sums due under an order pursuant to this chapter, the town shall
be entitled to recover from the violator, all costs, including reasonable attorney's
fees, that it incurs in the action whether at trial, or on appeal.
(Ord. No. 386, § 4, 1-28-2014)
var val = document.getElementById('citecontent').innerHTML;
art.dialog.defaults.title = window.location.href;
art.dialog.data('cite', val);
art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');
