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_ . M <br />ORDINANCE NO. 92- 09 <br />(d) If the enforcement board or designated special master finds <br />that a violation exists, the enforcement board or designated <br />special master may order the violator to pay a civil penalty of not <br />less than the amount set forth on the citation but not more than <br />$500 per day for each violation. In determining the amount of the <br />penalty, the enforcement board or designated special master shall <br />consider the following factors: <br />1. <br />The <br />gravity <br />of the violation. <br />2. <br />Any <br />actions <br />taken by the violator to correct the violation. <br />3. <br />Any <br />previous <br />violations committed by the violator. <br />(e) Upon written notification by the code enforcement officer that <br />a violator has not contested the citation and has not paid the <br />civil penalty within the time frame allowed on the citation, or if <br />a violation has not been corrected within the timeframe set forth <br />on the citation (as applicable), the enforcement board or <br />designated special master shall enter an order ordering the <br />violator to pay the civil penalty set forth on the citation, and a <br />hearing shall not be necessary for the issuance of such order. <br />(f) A certified copy of any order imposing penalty against an <br />uncertified contractor may be recorded in the public records and <br />thereafter shall constitute a lien against any real or personal <br />property owned by the violator. The lien may be foreclosed upon <br />after 3 months from the filing of any such lien which remains <br />unpaid, in accordance with the provisions of ss. 487.127(3)(h), <br />F.S. <br />(6) Appeal to circuit court. An aggrieved party, including the <br />local governing body, may appeal a final administrative" order of <br />the enforcement board or designated special master to the circuit <br />court. Such an appeal shall not be a hearing de novo but shall be <br />limited to appellate review of the record created before the <br />enforcement board or designated special master. An appeal shall be <br />filed within 30 days of the execution of the order to be <br />appealed. <br />(7) Serving of notices. All notices required by this section <br />shall be provided to the alleged violator by certified mail, return <br />receipt requested; by hand delivery by the sheriff or other law <br />enforcement officer or code enforcement officer; by leaving the <br />notice at the violator's usual place of residence with some person <br />of his family above 15 years of age and informing such person of <br />the contents of the notice; or by including a hearing date within <br />the citation. <br />(8) Nothing contained in this section shall prohibit the county <br />from enforcing its codes or ordinances by any other means. <br />SECTION 2: <br />REPEAL OF CONFLICTING PROVISIONS <br />All previous ordinances, resolutions, or motions of the Board <br />of County Commissioners of Indian River County, Florida which <br />conflict with the provisions of this ordinance are hereby repealed <br />to the extent of such conflict. All Special Acts of the <br />legislature applying only to the unincorporated portion of Indian <br />River County and which conflict with the provisions of this <br />ordinance are hereby repealed to the extent of such conflict. <br />4 <br />25 <br />APR M Boor F 6t <br />