What Is a Code Enforcement Lien?
In Florida, city and county governments employ Code Enforcement Officers to ensure properties comply with local ordinances (e.g., maintaining safe building structures, not running illegal businesses out of homes, and keeping yards free of debris).
If an owner is cited for a violation and refuses to fix it after given notice, the local Special Magistrate or Code Enforcement Board will levy a daily fine against them—sometimes up to $250 or $500 per day. When these fines go unpaid, the local government records a Code Enforcement Lien against the property. This places a severe cloud on the title, preventing the property from being sold or refinanced until the lien is paid off.
Super-Priority Status and Foreclosure
Unlike a standard mortgage or a contractor's claim of lien, Florida code enforcement liens are uniquely dangerous:
- Attachment to All Properties — Under Florida law, a code enforcement lien doesn't just attach to the property with the tall grass; it attaches to all real estate owned by the violator within that specific county.
- Foreclosure Threat — If the fines remain unpaid for three months, the local government has the legal authority to initiate a foreclosure lawsuit, forcing the sale of the property to collect the debt. Note: The government cannot foreclose on a property that is strictly protected by the Florida Homestead Exemption, but the lien will still remain on the title.
Resolving and Reducing Liens
If a buyer purchases a property at a foreclosure auction without a proper title search, they may inherit massive code enforcement liens. Fortunately, many Florida municipalities have lien reduction programs. Once the actual physical violation is corrected (e.g., the illegal shed is torn down), an attorney can petition the city to reduce the six-figure accumulated fine down to the actual hard costs the city incurred, allowing the title to be cleared.
Related Terms
- Lien — The legal mechanism used to secure the code fines
- Cloud on Title — The immediate result of the recorded lien
- Homestead Creditor Protection — The defense against code lien foreclosure
Barnes Walker Property Law
Barnes Walker's attorneys assist property investors and homeowners in negotiating massive code enforcement lien reductions with local municipalities, ensuring violations are legally cured and title is cleared for sale. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC