What is the difference between a code violation notice and a recorded enforcement order?
A code violation notice is the first step: it tells you a problem on the property has been cited and gives you time to correct it. A recorded enforcement order comes later. It is a decision from a code enforcement board or special magistrate, and a copy of it has been filed in the public records, where it can act as a lien on the property.
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The nuance is that the notice is about the condition of the property, while the recorded order is also about money and the title record. Fixing the cited condition is the part a contractor can do. What is owed under a recorded order is decided by the board, magistrate or local government named on it.
How the two fit together
In Florida, code enforcement is handled locally under Chapter 162, Florida Statutes. Cities and counties can use a code enforcement board or a special magistrate. The process generally starts with a notice of violation that identifies the problem and gives the owner a reasonable time to correct it. If the problem is not corrected, the case is set for a hearing.
After the hearing, the board or magistrate issues an order with a compliance date. A fine may be imposed for each day the violation continues past that date. A copy of an order imposing a fine can be recorded in the public records, and at that point it becomes a lien on the property. The notice is a warning with a deadline. The recorded order is the result of a hearing, and it sits on the property record.
Many owners first learn about a recorded order at a sale or a refinance, when the title search finds it, sometimes years after the original notice. The exact steps, deadlines and amounts are stated on your paperwork and vary by city and county.
What you can check yourself
- Read the document's title and dateA notice of violation and an order look different. The order mentions a hearing and a compliance date. Write down every date on whichever document you have.
- Look for recording informationA recorded order usually carries a stamp or reference from the public records. Your title company or the local records office can show you what is recorded against the property.
- Identify the cited conditionFind the exact condition the document describes, such as unpermitted work, an open permit, debris or a damaged fence. The repair is tied to that wording.
- Check permit statusIf the violation involves work, ask the local building department whether any permit is open or expired. An open or expired permit stays on the property record until it is properly closed out.
- Contact the code office named on the documentQuestions about your own case, including deadlines, hearing dates, fines and liens, go to the code enforcement office named on your notice or order. Legal questions go to a Florida attorney.
When to call us
Call when the cited condition needs repair, clean-up or construction work, or when it needs a permit, including an after-the-fact permit. Have the notice or recorded order ready, along with any photos of the property and the permit history if you have it. We read the document with you, look at the property and tell you what work the violation needs. The price is agreed in writing before work starts, and the estimate is free.
We are a contractor, not a law firm. We do not represent owners at hearings or negotiate fines or liens. Call (954) 906-7864 or send a request through the form on the website.
What we will do
- Identify the violation behind the orderWe work from the recorded order and the property record to pin down the condition that was cited.
- Correct the cited conditionWe do the repair, clean-up or construction work under our Florida Certified Building Contractor licence, CBC1267336. Electrical, plumbing or air-conditioning work is done by our Florida-licensed subcontractors, who pull that trade's permit.
- Pull the permit when one is neededWhere the fix needs a permit, we pull it under our licence, after-the-fact permits included. That can involve drawings and opening finished surfaces so the work can be inspected.
- Schedule inspections and close out the permitWe schedule the inspections and work to get the permit closed out with the building department.
- Give you the paperworkYou get the paperwork to take to the code office named on your order, to show the property now complies. What happens with the order itself is that office's decision.
Work by 360 Home Improvements, Florida Certified Building Contractor CBC1267336. Electrical, plumbing and AC work goes to our Florida-licensed subcontractors, who pull that trade's permit.
Related questions
- Does a recorded order mean the violation is still open?
- Not necessarily. The order records a decision from the hearing, and the cited condition may or may not have been corrected since. The code office named on the order can tell you the status of your case.
- Will fixing the problem clear the lien?
- A repair corrects the property condition, but it does not settle a lien. What is owed, and whether any process exists to ask about it, is for the board, magistrate or local government named on the order. A Florida attorney can answer legal questions.
- Can a fine keep running after an order is recorded?
- Under Chapter 162, Florida Statutes, a fine may be imposed for each day a violation continues past the compliance date. The details depend on your order and local rules, so confirm them with the code enforcement office.
- Do you handle the hearing for me?
- No. We do the repair and permit work and give you paperwork showing the result. We do not represent owners at hearings or negotiate fines or liens.
This page is general information about Florida code enforcement, not legal advice. For questions about your own case (deadlines, hearing dates, fines or liens), contact the code enforcement office named on your notice, or a Florida attorney.
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Keep reading
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- AnswerWhat does it mean when the city says my building is unsafe?
- AnswerWhat does it mean when I get a code violation notice for my fence?
- Every code violation question we have answered
Or send us your notice details
Tell us what the notice says and where the property is, and we'll get back to you about the work it needs.
Code Violation Solver is run by 360 Home Improvements, a licensed Florida contractor. We fix the condition behind the violation; the code office named on your notice decides the case.