Title 36, Chapter 74, Section 9
( 36-74-9)
(a) An enforcement board, upon notification by the code inspector
that an order of the enforcement board has not been complied with by
the set time may order the violator to pay an administrative fine in
an amount specified in this Code section. (b)(1) An administrative fine imposed pursuant to this Code
section for a violation involving the health or safety of a third
party shall not exceed $1000.00 per day. (2) An administrative fine imposed pursuant to this Code section
for a violation that is not a violation involving the health or
safety of a third party shall not exceed a total of $1,000.00. (3) In determining the amount of the fine, if any, the enforcement
board shall consider the following factors: (A) The gravity of the violation; (B) Any actions taken by the violator to correct the violation;
and (C) Any previous violations committed by the violator. (4) An enforcement board may reduce a fine imposed pursuant to
this Code section. (c) A certified copy of an order imposing an administrative fine may
be recorded in the public records of any county and thereafter shall
constitute a lien against the land on which the violation exists and
upon any real or personal property owned by the violator. Upon
petition to the superior 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. After three months from the filing of any such lien which
remains unpaid, the enforcement board may request the local
governing body attorney to foreclose on the lien. (d) If an environmental court is in existence with jurisdiction over
ordinances subject to the jurisdiction of the enforcement board, the
violator may object to the fine imposed and submit to the
jurisdiction of the environmental court. The case shall be
transferred to the environmental court and handled de novo as an
ordinance violation. |