A code-compliance consent agreement in Miami-Dade County is a written deal with the county: you agree to fix the violations by set dates, and the county agrees to extend your deadline and, in many cases, settle the fines and liens for less than the full amount. Under the county’s own code enforcement order, departments can settle civil penalties and liens “for amounts less than the maximum continuing penalty, costs and accrued interest” (Miami-Dade Implementing Order 2-5). You still have to fix the violation.
What is a code-compliance consent agreement?
When an inspector finds a problem, such as work without a permit or an unsafe structure, the county issues a Civil Violation Notice (CVN). If it is not fixed, penalties grow and a lien can be recorded.
Miami-Dade’s Implementing Order 2-5 lets department directors (or their designees) sign agreements that:
- extend the date you must comply with the code,
- settle civil penalties and liens for less than the maximum amount, and
- set up a payment plan, if you ask in writing and show economic need or extenuating circumstances.
Settlements tied to a court case also need approval from the County Attorney’s Office (IO 2-5).
One example: Ordinance O-23-22 waived Building Code penalties for certain homestead owners in one community only if they signed a consent agreement, pulled a permit, finished the work, and paid the county’s direct enforcement costs. It covered one development, but it shows the pattern: fix it, permit it, pay costs, then get relief.
How do code fines become liens in Florida?
Florida’s Local Government Code Enforcement Boards Act, Chapter 162, Florida Statutes, sets the statewide rules. Under section 162.09:
- A code board can fine up to $250 per day for a first violation and $500 per day for a repeat violation, or up to $5,000 per violation if it is irreparable or irreversible.
- Local governments with 50,000+ residents can adopt higher caps: $1,000 per day, $5,000 per day for repeats, and $15,000 for irreparable violations.
- A certified copy of the fine order can be recorded. It then becomes a lien against the land where the violation exists and on other real or personal property the violator owns.
- Fines keep accruing until you comply or a court enters judgment.
- After a lien sits unpaid for three months, the board can authorize a foreclosure or a suit for a money judgment, but a code lien cannot be foreclosed on a homestead.
- The board “may reduce a fine.”
A code lien can last up to 20 years after the fine order is recorded, unless a court action is started in that time (section 162.10).
Local governments may also use other enforcement methods (section 162.13). Unincorporated Miami-Dade uses Chapter 8CC of the County Code, with CVNs, hearing officers, and liens that can reach other property the violator owns (IO 2-5).
Unincorporated Miami-Dade vs. cities like Miami: who handles your case?
Start by finding out who issued the violation. The county’s Lien Section handles violations on property in unincorporated Miami-Dade. Cities run their own programs.
Unincorporated Miami-Dade County
- To contest a CVN, you must appeal in writing within 20 days of receiving the citation, filed with the Clerk’s Code Enforcement office. A hearing officer hears the case (Miami-Dade Clerk, Code Enforcement).
- Before a lien is recorded, the county sends a Notice of Intent to Lien. You can avoid the lien by signing a settlement agreement that provides for correcting the violation and paying the CVN amount, penalties, costs, and interest (IO 2-5).
- Unsafe structure decisions on single-family homes and duplexes in the unincorporated area go to the Unsafe Structures Appeal Panel. Other unsafe building decisions can be reviewed by the Unsafe Structures Board.
City of Miami
The City of Miami has its own code compliance department and Code Enforcement Board. To ask for lower fines, you request a mitigation hearing, but only after every violation on the case is marked complied and you have an Affidavit of Compliance (City of Miami mitigation hearing). A city lien is released only after the case is complied and all fines are paid (City of Miami lien release).
Other cities have their own rules, so check with the city if the property is inside city limits.
How do I get violations closed and a lien reduced?
- Get the full picture. Order a lien search (see below) to find every open case and lien.
- Fix the problem. Building violations usually need a permit and passed inspections. County settlements expect the violation to be corrected (IO 2-5).
- Ask for more time early. Ask the issuing department for a written agreement extending your compliance date before penalties pile up.
- Request a settlement or mitigation. In the county, the department director or designee approves settlements. In the City of Miami, request a mitigation hearing after compliance.
- Pay and confirm the release. Get a payoff letter, pay, and make sure the release is recorded.
IO 2-5 sets no reduction formula, so results depend on your case.
Why a lien search matters before closing
Code liens and open cases can follow the property. The county’s Lien Section offers:
- Violations Research Service: covers unsafe structures, work without permit, expired permit, minimum housing, and neighborhood violations, recorded liens, and environmental enforcement violations in unincorporated Miami-Dade. The listed fee is $320.12 per property, with 10 to 20 business days to process.
- Lien Pay-Off / Estoppel Letter: $80.03 per folio, paid up front, with up to three business days after payment.
- Special Release of Lien: for owners whose lien from one property has attached to their other properties that have no open violations.
Fees can change, so confirm before ordering. For property inside a city, order that city’s search too.
Can a cash buyer take over a property with open violations?
Yes, but Florida law puts rules on the sale. Under section 162.06(5), if an owner transfers a property while a code enforcement case is pending, the owner must:
- tell the buyer about the case in writing before the transfer,
- give the buyer copies of the notices and orders,
- tell the buyer in writing that the new owner must comply, and
- file a notice of the transfer with the code official within 5 days.
Skipping these disclosures creates a rebuttable presumption of fraud. The case is not dismissed by the sale, but the new owner gets a reasonable time to correct the violation before the hearing.
A buyer who plans to repair can take over the permit work and then work out the fines with the county or city. The price usually reflects repairs, permits, and any lien amount still to be paid or settled.
How All About Real Estate can help
All About Real Estate LLC has bought property directly for cash, as a principal, anywhere in Florida since 2014. We buy as-is, so you do not have to fix violations first. We buy single-family homes, townhomes, condos, multifamily, mobile homes on land the owner owns, vacant land, and commercial property.
We usually make a written offer within 24 hours and can close in as little as 7 days. Our office is at 5347 SW 25th St, Hollywood, FL 33023. Call, text, or WhatsApp (786) 753-8500, 24/7. Se habla español. Learn how our process works, see our Miami-Dade page, or contact us.
Frequently asked questions
Can Miami-Dade County reduce my code enforcement lien?
Yes. Under Implementing Order 2-5, county departments can settle penalties and liens for less than the maximum. Expect to correct the violation first. There is no fixed discount.
How long does a code enforcement lien last in Florida?
Under section 162.10, Florida Statutes, a code enforcement board lien lasts up to 20 years after the fine order is recorded, unless a court action is started within that time.
Can the county foreclose on my home for code fines?
Section 162.09 lets a board authorize foreclosure after a lien is unpaid for three months, but a code lien under that law cannot be foreclosed on homestead property.
How do I find out if a Miami-Dade property has code liens?
For unincorporated Miami-Dade, order the RER Lien Section's Violations Research Service ($320.12 per property, 10 to 20 business days, per the county). Properties inside a city need that city's search too.
Can I sell a house with open code violations in Miami-Dade?
Yes. Under section 162.06(5), disclose the pending case to the buyer in writing, give them copies of the notices and orders, and notify the code official within 5 days of the transfer.
Does the City of Miami use the county's process?
No. The City of Miami has its own process. You can request a mitigation hearing only after all violations are complied and you have an Affidavit of Compliance.
Frequently asked questions
Can Miami-Dade County reduce my code enforcement lien?
Yes. Under Implementing Order 2-5, county departments can settle penalties and liens for less than the maximum. Expect to correct the violation first. There is no fixed discount.
How long does a code enforcement lien last in Florida?
Under section 162.10, Florida Statutes, a code enforcement board lien lasts up to 20 years after the fine order is recorded, unless a court action is started within that time.
Can the county foreclose on my home for code fines?
Section 162.09 lets a board authorize foreclosure after a lien is unpaid for three months, but a code lien under that law cannot be foreclosed on homestead property.
How do I find out if a Miami-Dade property has code liens?
For unincorporated Miami-Dade, order the RER Lien Section's Violations Research Service ($320.12 per property, 10 to 20 business days, per the county). Properties inside a city need that city's search too.
Can I sell a house with open code violations in Miami-Dade?
Yes. Under section 162.06(5), disclose the pending case to the buyer in writing, give them copies of the notices and orders, and notify the code official within 5 days of the transfer.
Does the City of Miami use the county's process?
No. The City of Miami has its own process. You can request a mitigation hearing only after all violations are complied and you have an Affidavit of Compliance.
This article is general information, not legal or tax advice. Talk to a Florida attorney or CPA about your situation.
By Petru Pusta, owner of All About Real Estate LLC. Petru is a licensed Florida real estate broker (BK3293808) with Kariza Capital Realty LLC. All About Real Estate LLC buys property directly as a principal and is not a real estate brokerage.
Sources
- Miami-Dade County Implementing Order 2-5, Code Enforcement
- Florida Statutes s. 162.09 (2024)
- Florida Statutes Chapter 162 (2026)
- Florida Statutes s. 162.10 (2024)
- Miami-Dade RER Lien Services
- Miami-Dade Clerk of the Court, Code Enforcement
- Miami-Dade Ordinance O-23-22 (Hammocks extended compliance period)
- Miami-Dade Unsafe Structures Board
- City of Miami: Request a Mitigation Hearing for a Code Enforcement Case
- City of Miami: Release of Lien Request (RLN)
