Sec. 91.107. - Penalties—Administrative fines; costs of repairs; liens.

(a) The Board, upon notification by the City official that an order of the Board has not been complied with by the time set or, upon finding that a repeat violation has been committed, may order the violator to pay an administrative fine in an amount specified by this Section for each day the violation continues past the date set by the Board for compliance 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 the code inspector, or in the case of a repeat violation which is irreparable or irreversible in nature, for each violation that occurs. In addition, if the violation is a violation described in Section 91.105 (d), the Board shall notify the department responsible for enforcement of the Ordinance Code Chapter, and such department, for and on behalf of the City, may make all reasonable repairs which are required to bring the property into compliance and the Board shall charge the violator with such cost of repairs along with any fine imposed pursuant to this Section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. No notice or hearing shall be necessary for the Board to record a lien for nonpayment of an administrative fine previously imposed by order of the Board. (b) A fine imposed pursuant to this Section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (a) of this Section. However, if the Board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (c) In determining the amount of the fine, if any, the Board 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. (d) The Board may reduce a fine imposed pursuant to this Section. (e) A certified copy of an order of the Board imposing an administrative fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or 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 Section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose 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, and the General Counsel or his designee may execute a satisfaction or release of lien entered pursuant to this Section. After three months from the filing of any such lien which remains unpaid, the General Counsel's Office is authorized to foreclose on the lien. 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. (Ord. 87-1486-838, § 1; Ord. 89-1150-630, § 6; Ord. 94-838-446, § 2; Ord. 2000-301-E, § 4)