2001-11 Authorizes CEB to collect money judgmentS ORDINANCE 11-2001
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING SUBSECTION (d) OF SECTION 2-178, FINES; LIENS AND
SECTION 2-179, DURATION OF LIEN, OF ARTICLE VI, CODE ENFORCEMENT BOARD,
OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE VILLAGE FOR THE PURPOSE
OF UPDATING AND BRINGING CODE ENFORCEMENT PROVISIONS IN CONFORMITY
WITH THE FLORIDA STATUTES; AUTHORIZING THE CODE ENFORCEMENT BOARD TO
SUE TO RECOVER THE AMOUNT OF A MONEY JUDGMENT ON A LIEN PLUS INTEREST;
EXEMPTING CERTAIN PROPERTY FROM APPLICATION OF CERTAIN MONEY
JUDGMENT PROVISIONS; PROVIDING FOR A PREVAILING PARTY TO RECOVER ALL
COSTS, INCLUDING ATTORNEY'S FEES, IN AN ACTION FOR A MONEY JUDGMENT ON
A LIEN; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Subsection (d) of Section 2-178, Fines; liens, of Article VI, Code Enforcement Board, of
Chapter 2 of the Code of Ordinances of the Village of North Palm Beach is hereby amended to read
as follows:
"Sec. 2-178. Fines; liens.
(d) Copies of orders imposing fines. A certified copy of an order imposing a 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 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. A fine imposed pursuant to this part 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. Alien 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, the
enforcement board 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 provision of this section may be foreclosed on real property
which is a homestead under Article X, Section 4 of the State Constitution. The money
judgment provisions of this section shall not apply to real property or personal property
• which is covered under s. 4(a), Art. X of the State Constitution."
Section 2. Section 2-179, Duration of lien, of Article VI, Code Enforcement Board, of Chapter 2
• of the Code of Ordinances of the Village of North Palm Beach, is hereby amended to read as follows:
"Sec. 2-179. Duration of lien.
No lien shall continue for a period longer than twenty (20) yeazs after the certified copy
of an order imposing a fine has been recorded, unless within that time an action is
commenced pursuant to Section 2-178 of this Code 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. 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. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for any
reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the
remainder of this ordinance.
Section 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 5. This Ordinance shall take effect immediately upon passage.
PLACED ON FIRST READING THIS 12th DAY OF APRIL, 2001.
PLACED ON SECOND, FINAL READING AND PASSED THIS 26th DAY,QF APRIL, 2001.
(VILLAGE SEAL)
ATTEST:
VILLAGE CLERK
•