§ 32-106. Penalties for violations of this article; removal of recyclable materials by city; liens imposed for failure to pay fines or appeal.

(a)

Penalties for violations of this article shall be as follows:

(1)

For the first violation, a fine of $100.00.

(2)

For the second violation, a fine of $250.00.

(3)

For the third violation, a fine of $500.00.

(4)

For the fourth violation, a fine of $1,000.00.

(b)

Any penalty due pursuant to this article shall be charged to the recycling customer as provided in section 32-105. Failure to pay such costs and penalties, or to appeal pursuant to section 32-107 within 15 days of receipt of the notice of violation shall result in the imposition of a lien upon the premises, in the amount of such costs and penalties. Such liens shall be treated as special assessment liens against the subject real property and, until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such liens shall be enforced by any of the methods provided in F.S. ch. 86; or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. ch. 173; or the collection and enforcement or payment thereof may be accomplished by any other method authorized by law. The recycling customer of the premises shall pay all costs of collection, including reasonable attorneys' fees incurred in the collection of fines, and other charges, penalties, and liens imposed by virtue of this chapter.

(c)

For violations which (i) present a serious threat to the health, safety or welfare of the public, and/or (ii) constitute a fourth or subsequent offense by the same violator, the city may seek injunctive relief, in addition to the penalties set forth herein, as applicable.

(Ord. No. 2014-41 , § 2, 12-10-2014)