§ 22-25. Enforcement and appeals.

(a)

Upon determination by the Code Compliance Department (the "Department") of the existence of a violation of Section 22-20 or Section 22-24 of the Marathon Code, the City shall issue to the property owner of record a citation regarding the existence of the violation(s). The citation shall be issued via first-class mail or posting the property. The property owner of record must correct the violation within ten (10) calendar days. Upon failure of the property owner to correct the violation(s), the City Manager may instruct employees or contractors of the City to enter the property and correct the violation(s). The cost of such correction shall be levied as an assessment against the property. The City Manager or his designee shall prepare an assessment bill for the entire cost of abatement.

(b)

Within ten (10) calendar days of mailing of the citation by mail or posting, the owner of the property may appeal the determination of the Department to the City Manager.

(c)

In the event the City corrects the violation(s), the City shall provide notice to the property owner containing an invoice detailing any and all costs including administrative costs incurred by the City. The City shall serve the property owner with a request for payment of these costs, within 30 days of the date of the issuance of the correction of the violation by the City. In the event the amount set forth on this notice is not paid in full within 30 days of the date of the notice, an assessment lien indicating these costs, signed by the Director, shall be placed against the property and recorded in the official records of Monroe County, Florida. The lien shall accrue interest at the statutory rate on the unpaid balance of the assessment until the balance is paid in full. Such liens shall be superior and paramount to the interest in such parcel or property of any owner, lessee, tenant, mortgagee, or other person except the lien of State, County and City taxes and shall be on parity with the lien of such State, County and City taxes.

(d)

Any property owner whose property is subject to a lien under this section may appeal the decision of the City Manager to the Code Compliance Board. The property owner has the burden to prove that the violation(s) did not exist at the time of the City's correction of the violation(s). The Code Compliance Board is not authorized to waive the assessment or release the lien placed on the property as a result of the City's correction of the violation(s) if it finds that the violation(s) did exist.

(e)

Notwithstanding any provision of this article, a violation of Subsection 22-22(c), shall be punishable pursuant to Chapter 10, Section 10-8, "Procedures for implementation of Fla. Stat. ch. 162, pt. II - Citation." Particularly, a violation of Subsection 22-22(c) shall be subject to a fine of $100.00, such fine subject to change by resolution of the City Council.

(Ord. No. 2011-03, § 4, 3-29-2011; Ord. No. 2016-03 , § 4, 4-26-2016)