3594 ORDINANCE NO. 3594
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
RELATING TO THE CODE ENFORCEMENT BOARD;
AMENDING SUBSECTION (3) OF SECTION 2-178,
ADMINISTRATIVE FINES AND LIENS; AND SECTION 2-
179, DURATION OF LIEN, OF THE CITY CODE OF THE
CITY OF SANFORD, TO ALLOW FOR TI~E COLLECTION
OF A MONEY JUDGMENT AGAINST THE VIOLATOR;
PROVIDING FOR SEVERABILITY, CONFLICTS,
CODIFICATION AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford desires to amend the City Code in
order to incorporate statutory changes to the Code Enforcement Board Statutes to allow for the
collection of a money judgment against owners;
NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLOR1DA:
SECTION I. Subsection(3)ofSeetion2-178, AdrninistrativeFines andLiens, ofthe Code
of the City of Sanford, is hereby deleted and replaced in its entirety by the following:
(3) A certified copy of an order imposing a fine or a fine plus repair costs,
may be recorded in the public records of the county and thereafter shall constitute a
lien against the land on which the violation e~sts and upon any other real or personal
property owned by the violator. All liens filed by the code enforcement board shall
be liens co-equal with the lien of all state, county, district and municipal taxes,
superior in dignity to all other liens, titles, and claims, until paid or extinguished.
Upon petition to the circuit court, the order may be enforced in the same manner as
a court judgment by the sheriffs of this state, 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. Afine imposed pursuant to this section
shall continue to accrue until the violator comes into compliance or until judgment is
rendered in a suit to freeclose on a lien filed pursuant to this section~ whichever
occurs first. A lien arising from a fine imposed pursuant to this section runs in favor
of the city commission and the city commission may execute a satisfaction or release
of lien entered pursuant to this section. A~er three months from the filing of any such
lien which remains unpaid, the code enforcement board may authorize the attorney
to foreclose on the lien or to sue to recover a money iudgment for the amount of the
lien ~lus accrued interest. No lien created pursuant to the provisions of this division
may be foreclosed on real property which is a homestead under Section 4, Art. X of
the State Constitution. The money judgment provisions of this section shall not apply
to real property or personal property which is covered under Section 4(a). baticle X
of the State Constitution.
SECTION 2: Section 2-179, Duration of lien, of the Code of the City of Sanford, is hereby
deleted and replaced in its entirety by the following:
No lien provided under the Local Government Code Enforcement Boards Act
shall continue for a period longer than twenty (20) years at~er the certified copy of an
order imposing a fine has been recorded, unless within that time an action to foreclose
on-the-lien is commenced pursuant to Section 2-178(3) 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's fee,
that it incurs in the action foreclosure. The local governing body shall be entitled to
collect all costs incurred in recording and satisfying a valid lien. The continuation of
the lien effected by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration without notice, unless
a notice of lis pendens is recorded.
SECTION 3: The provisions of this Ordinance are declared to be severable and if any
section, sentence, clause or phrase of this Ordinance shall for any reason be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
SECTION4: Thatall ordinances or parts ofordinances in conflict herewith be and the same
are hereby repealed.
SECTION 5: It is the intention of the City Commission of the City of Sanford, Florida, and
it is hereby ordalned that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of Sanford, Florida; that the Sections of this Ordinance may be
renumbered or relettered to accomplish such intention; that the word, "Ordinance," may be changed
to "Section," "Article," or other appropriate word.
Ordinance No. 3594
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SECTION 6: That this Ordinance shah become effective immediately upon its passage and
adoption.
PAssED ~d ~oPTED thi, ;'~ day ot~/4
ATTEST:
As the City Co~ssion of the
City of Satord, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true
at the eont door of the City H~I in the City of S~or~aa, on t~day o~~~
2000.
of S~ord, Hofida
Ordinance No. 3594
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