If you are planning to buy a property in Florida, it is important to make sure it doesn’t have code enforcement liens attached to it. Read on to learn more about this type of lien.
The Mechanism of Code Enforcement
According to Chapter 162 of the Florida Statutes, local government bodies, like cities, need to follow a specific process to address code violations. The most common code violations are noxious odors, neglected maintenance, improper signage, and unauthorized animal husbandry within city limits.
The process of code enforcement begins with the receipt of complaints, often from concerned neighbors, prompting investigations by code inspectors. If violations are confirmed, inspectors are mandated to notify the property owner and allow a reasonable period for rectification, except in cases of imminent danger or irreparable harm.
If the property owner fails to complete the requested adjustments, code inspectors escalate the matter to a code enforcement board. A code enforcement board must include an architect, businessperson, engineer, general contractor, subcontractor, and realtor.
A code enforcement board conducts hearings, gathers evidence, and issues orders based on factual findings and legal provisions.
Repeat violations may result in expedited proceedings without the grace period for correction.
Implications of Unpaid Fines
When fines are levied but remain unpaid, local governments may record certified orders in public records, thereby establishing liens against the violator’s property. Notably, these liens extend beyond the offending property, affecting other properties owned by the violator within the same county.
Long-Term Consequences
Property owners are given a grace period of three months to settle outstanding fines before local governments pursue foreclosure or seek monetary compensation. A statute of limitations extends up to 20 years from the lien’s recording date.
Uncovering Code Enforcement Liens
If left unchecked, code enforcement liens can lead to hefty fines and even jeopardize your ownership of the property through foreclosure. That’s why it is important that you partner with a lien search company when getting ready to purchase a new home in Florida. Let’s take a closer look at the benefits of uncovering a code enforcement lien early on in your negotiation process:
Negotiating Power
Armed with the findings from a lien search, you gain valuable negotiating leverage when dealing with a property seller. If code enforcement issues are uncovered, you can use this information to request necessary repairs, concessions on the purchase price, or even walk away from the deal if the issues are too significant.
Smooth Closing Process
By addressing any code enforcement liens upfront, you streamline the closing process and minimize the risk of last-minute surprises derailing the transaction. Resolving these issues early on allows for a smoother transition into homeownership, sparing you from potential delays and uncertainties. With the assistance of a lien search company, you can proceed with confidence, knowing that you’ve done your due diligence to protect your investment.
Enlist the expertise of an experienced lien search company in Florida, such as Florida Lien Search, and embark on your homeownership journey with confidence. Contact us today.