§ 2-188. Recovery of unpaid civil penalties; unpaid penalty to constitute a lien; foreclosure.

(a)

The Village may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties.

(b)

A certified copy of an order imposing a civil penalty 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 levy against the Personal Property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this article 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 article, whichever occurs first. After three months from the filing of any such lien which remains unpaid, the Village may foreclose or otherwise execute on the lien. Alternatively, the Village may initiate proceedings to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on real property which is homestead under section 4, Article X of the State Constitution. Upon payment of the civil penalty or notice of assessment by the Violator or the successor(s), assign(s), or heir(s) of the Violator, the Village Clerk is authorized to execute and record in the Public Records of Miami-Dade County the appropriate Release of Lien document.

(c)

No lien provided under this article shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on a lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. 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.

(Ord. No. 346, § 1(7), 3-20-90; Ord. No. 450, § 5, 5-16-00)