§ 8-49. Collection and recovery of civil penalties.  


Latest version.
  • (1)

    (a)

    The county shall provide for the appropriate guidelines and procedures for the administration, collection, record keeping, reporting and accountability of penalties assessed under this code.

    (b)

    A certified copy of an order imposing a fine, costs of investigation and prosecution and other penalties such as repair costs and restitution; may be recorded in the public records and thereafter shall constitute a lien against real and personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable 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. A fine imposed pursuant to this code and this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien which remains unpaid, a special master may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under § 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 § 4(a), Art. X of the State Constitution.

    (2)

    Monies collected pursuant to this article shall be used to supplement future enforcement activities of the principal office.

    (3)

    The principal office and/or Hernando County shall be entitled to recover the costs of investigation and prosecution in addition to any penalty provided according to this code, adopted board rules and/or approved fee schedule, as part of the penalty levied pursuant to a citation.

(Ord. No. 2001-21, § 1, 12-18-01)