From Warning to Lien: How Code Enforcement Quietly Wrecks Property Owners

For many Florida property owners, a code enforcement notice comes as a surprise. One day everything seems fine, and the next there’s a letter from the city or county warning of violations, looming deadlines, and daily fines that can add up faster than expected. Whether the issue involves unpermitted work, zoning violations, or property maintenance concerns, code enforcement actions can quickly become stressful—and expensive—if not handled properly.

The good news is this: code enforcement in Florida is a legal process, not a one-sided punishment system. Property owners have rights, options, and legal remedies that can often reduce fines, resolve violations efficiently, and prevent long-term damage to their property interests.

Understanding how code enforcement actually works—and how to respond strategically—can make all the difference.

What Code Enforcement Is (and What It Isn’t)

In Florida, local governments enforce building, zoning, and property maintenance codes under Chapter 162 of the Florida Statutes. Cities and counties are authorized to appoint code enforcement boards or special magistrates to hear cases and impose penalties when violations occur.

Code enforcement is administrative, not criminal. Its stated purpose is to gain compliance, not to punish property owners. However, the penalties available—particularly daily fines and liens—can feel punitive if a case drags on or is ignored. Code enforcement officers typically:

• Identify alleged violations
• Issue a notice giving the owner time to correct the issue
• Reinspect the property after the compliance deadline
• Refer unresolved cases to a hearing before a board or magistrate

At every stage, the process is governed by procedural rules that protect property owners’ due process rights.

The Most Common Code Enforcement Violations in Florida

While codes vary by municipality, most enforcement actions fall into a few recurring categories.

Unpermitted Work

Unpermitted work is one of the most frequent—and misunderstood—violations. It occurs when construction or renovations are completed without required permits or inspections. This can include electrical, plumbing, roofing, structural changes, additions, or interior remodels.

Importantly, code enforcement focuses on the condition of the property, not who performed the work. A current owner may be cited for unpermitted work completed years earlier by a prior owner. While that can feel unfair, Florida law allows enforcement agencies to pursue compliance regardless of when the violation originated.

That said, the timing and circumstances of the work often matter when it comes to penalties and fine mitigation.

Zoning and Use Violations

Zoning violations arise when a property is used in a way that doesn’t comply with local zoning regulations. Common examples include operating a business from a residential property, short-term rentals in prohibited zones, or converting a single-family home into a multi-unit residence without approval.

Zoning enforcement is especially common in growing areas and neighborhoods undergoing redevelopment. What may seem like a practical or temporary use can still violate zoning codes if proper approvals were not obtained.

Property Maintenance Violations

Maintenance violations are often the result of complaints, neighborhood inspections, or post-storm conditions. These cases typically involve issues such as overgrown vegetation, unsafe structures, deteriorated exteriors, or debris accumulation.

While these violations are often straightforward to correct, they can still result in fines if deadlines are missed or reinspections are delayed.

How Code Enforcement Fines Actually Work in Florida

One of the most important things property owners need to understand is how fines are imposed—and when they begin. Under Florida law, fines are not automatic. In most cases:

1. The owner is given notice of the violation and a deadline to comply.
2. If the violation is not corrected by that deadline, the case proceeds to a hearing.
3. Only after a hearing can a code enforcement board or magistrate impose fines.

Once fines are authorized, they may accrue at a daily rate:

• Up to $250 per day for a first-time violation
• Up to $500 per day for repeat violations

Fines continue until the violation is corrected—or until the local government takes further enforcement action.

Why Ignoring a Code Enforcement Notice Is a Serious Mistake

Code enforcement cases rarely resolve themselves. Ignoring notices can lead to escalating consequences, including:

• Accumulating daily fines
• Recorded liens against the property
• Complications when selling or refinancing
• Interest accrual on unpaid fines
• In rare cases, foreclosure actions to enforce liens

Many property owners first discover a code enforcement lien when they attempt to sell or refinance—and by then, fines may have grown significantly.

Early action almost always leads to better outcomes.

Your Rights as a Florida Property Owner

Code enforcement proceedings must comply with due process. Property owners have the right to:

• Receive proper notice of alleged violations
• Be given a reasonable opportunity to correct the issue
• Appear at a hearing and present evidence
• Challenge whether a violation exists
• Argue that compliance has been achieved
• Request reduction or mitigation of fines after compliance

These rights matter, particularly when violations are disputed, misapplied, or inherited from prior ownership.

Challenging a Code Enforcement Violation

Not every citation is legally sound. Violations may be challenged when:

• The cited code does not apply to the property
• The condition does not actually violate the code
• The violation existed before current ownership
• Compliance is impossible or unreasonable
• Enforcement has been inconsistent or selective

Challenges can be raised through written submissions, hearings, or negotiations with enforcement authorities. While not every case should be contested, many benefit from careful legal review before accepting responsibility.

Resolving Unpermitted Work Without Starting From Scratch

Unpermitted work does not always require removal or demolition. Many Florida jurisdictions allow owners to seek after-the-fact permits, provided the work meets current safety standards.

This process often involves inspections, engineering evaluations, or limited corrective work. A cooperative and documented approach frequently leads to resolution—especially when the work is structurally sound and poses no safety risk.

Fine Reduction, Lien Mitigation, and Settlement Options

One of the most overlooked aspects of code enforcement cases is fine mitigation. Once a violation is corrected, many municipalities allow property owners to:

• Request a reduction of accrued fines
• Negotiate a settlement for a reduced lump sum
• Seek partial or full lien release
• Establish payment arrangements in appropriate cases

Mitigation is discretionary, not automatic, but it is often granted when the owner acted in good faith and achieved compliance.

Why Legal Guidance Matters in Code Enforcement Cases

Code enforcement cases combine local ordinances, administrative procedure, and real estate law. An experienced attorney can help property owners:

• Evaluate the validity of alleged violations
• Communicate with enforcement officials
• Prepare for hearings
• Negotiate compliance timelines
• Reduce or resolve fines and liens
• Protect property value and marketability

Most importantly, legal guidance helps owners act strategically instead of reactively.

Final Thoughts: Act Early, Stay Informed

Code enforcement actions can feel intimidating, but they are manageable when approached correctly. Florida law provides tools for compliance, dispute resolution, and fine mitigation—but those tools work best when used early.

If you’ve received a code enforcement notice, discovered violations during a sale, or are facing escalating fines, informed legal guidance can help you resolve the issue efficiently and protect your investment.

At DuFault Law, we assist property owners throughout Florida and Georgia with code enforcement defense, fine mitigation, and real estate compliance strategies. The sooner you act, the more options you have—and the easier it is to bring the issue to a close.

Facing Code Enforcement in Florida? Let’s Fix It

From notices to liens, code enforcement matters require swift, strategic action. Call DuFault Law now to discuss your options and protect your property’s value.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation