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Commissioners remove county's authority to place liens on other property in code enforcement changes
Summary
After a continued public hearing, the Board approved amendments to the county code that create an extra review hearing before fines or liens are assessed, extend appeal deadlines, align repeat-violator accrual dates with state law and — by a 5-2 vote — remove county authority to place liens on a violator's other personal or real property.
Leon County commissioners voted 5-2 Tuesday to amend county code enforcement rules, including a provision that had allowed liens to be placed on a violator's other personal or real property.
At a continued public hearing, staff proposed multiple changes to chapters 6 and 14 of the Leon County Code of Laws: allow property owners a second code-enforcement hearing to contest compliance or a fine before a lien is imposed; align the date fines begin to accrue for repeat violators with state statute; and extend the time to appeal a nuisance abatement order from 15 to 30 days to match other appeal deadlines.
County attorneys told the board the code currently permits a lien to attach to other property owned by a violator and that state law has authorized similar provisions since 1986. Staff recommended retaining that language (option 1). Several commissioners and public speakers expressed concern the authority could in practice impair property transfers for low-income residents and suggested narrowing or removing the provision.
Commissioner Proctor moved to approve option 2 (the version that removes language allowing liens against a violator's other personal or real property); Commissioner Cummings seconded. The board debated notice requirements, the certified-mail timeframe, and whether the code enforcement board already offers flexibility in practice. The county attorney clarified that property owners receive notice by certified mail and that section 6-30 of the code governs notice and includes alternatives such as hand delivery. Staff also noted the county rarely forecloses on homestead property and that foreclosure remains rare.
The substitute motion to adopt option 2 passed 5-2, with Commissioners O'Keefe and Minor recorded as opposing. The board directed staff to finalize the ordinance language consistent with attachment 1 (the version removing the broader-lien language) and to return with any implementation details needed for clerk publication.
The approved changes also add an explicitly permitted second hearing before a fine or lien is imposed and align repeat-violator accrual with state validation practices, per the staff report.
