(a) The enforcement board or Special Magistrate, upon notification by the code inspector, that an order of the enforcement board or Special Magistrate has not been complied with by the specified time, or, upon finding that a repeat violation has been committed, may order the violator to pay a fine not to exceed one thousand dollars ($1000.00) per day for a first violation and not to exceed five thousand dollars ($5000.00) per day for a repeat violation and up to fifteen thousand dollars ($15000) per violation if the code enforcement board finds the violation to be irreparable or irreversible in nature for each day the violation continues past the date set by the enforcement board or Special Magistrate for compliance or, in the case of a repeat violation for each day the repeat violation continues beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in section 2-76(c), the enforcement board or Special Magistrate may render an order which includes authority for the City to make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. The City Manager or his designee shall have authority to initiate repairs to bring the property into compliance. When City action is taken the property owner shall be issued an invoice for the reasonable cost of repairs. Making such repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith.
(b) In determining the amount of the fine, if any, the enforcement board or Special Magistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) 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 shall be enforceable 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 to foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the enforcement board or Special Magistrate may authorize the city attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be enforced on real property which is a homestead under Section 4, Article X of the State Constitution.
