By Prop Hunters · Published · Miami Lakes, FL
Code violations in Palm Beach County usually start small: an overgrown yard, a fence or shed built without a permit, a roof tarp left up too long, an inoperable car, or a carport that was enclosed. If the owner can't fix it in time, daily fines can start running. Owners who live out of the area or inherited the house often don't find out until the fines are large.
Palm Beach County has dozens of cities and towns. If the house is inside a city such as West Palm Beach, Lake Worth Beach, Boynton Beach, Riviera Beach or Greenacres, that city's code enforcement handles the case. In unincorporated areas, it's Palm Beach County Planning, Zoning and Building. The first step is to find out which one has your case and get a copy of the order.
Florida's local code enforcement law, section 162.09, lets a code board or special magistrate set a daily fine if a violation isn't corrected by a deadline. A certified copy of the order imposing the fine can be recorded in the public records, and once recorded it becomes a lien on the property. The same statute says those liens can't be foreclosed on a property that is a homestead, but the lien stays attached and comes up when you sell or refinance.
Recorded liens show up in the title search with the Palm Beach County Clerk. The title company will want them paid, reduced or otherwise resolved at closing.
Many Palm Beach County cities have a process to ask for a lien reduction or mitigation once the violation has been corrected, and some will consider a request as part of a sale. The rules, fees and outcomes vary by city, and nothing is guaranteed. A Florida real estate attorney can tell you whether a request makes sense in your case.
If there are open permits too, see our story on selling an inherited house with open permits and code violations in Plantation. For Miami-Dade, see code violations in Miami-Dade.
From Boca Raton north, including West Palm Beach, Boynton Beach and Lake Worth, Riviera Beach, Greenacres and Delray Beach. Call or text 305-812-9445, or tell us about the property.
Yes. The violation and any recorded lien stay with the property, and they show up in the title search. They're typically paid, reduced or otherwise resolved at closing, or an as-is buyer takes the house and fixes the violation.
Under Florida's code enforcement statute, a code lien generally can't be foreclosed on property that qualifies as homestead. The lien still stays attached and usually has to be dealt with when the house is sold or refinanced.
Many cities have a lien reduction or mitigation process once the violation is fixed. Rules and outcomes vary by city and nothing is guaranteed. Contact the code office for your address or a Florida attorney.
If the house is inside a city, that city's code enforcement handles it. In unincorporated Palm Beach County, it's the county's Planning, Zoning and Building department.
This article is general information, not legal advice. For questions about a code case or lien, talk with the code enforcement office for your address or a Florida attorney.