This article shall be known as the Landlord Registration, Minimum Standards, and Residential Rental Property Inspections Program ("Program"). The purpose of the Program is to create a landlord registration database of current and accurate information required to contact a property owner, or designated entity, regarding health or safety violations, minimum housing code complaints, or emergency situations at residential rental units. The Program's further purpose is to investigate minimum standards complaints and conduct exterior property inspections to address substandard maintenance of rental properties, promote greater compliance with property maintenance standards, protect property values, and preserve the quality of the BMSD neighborhoods and available housing.

(Ord. No. 2013-28, § 2, 6-11-13; Ord. No. 2023-06, § 2, 2-7-23; Ord. No. 2025-01, § 1, 1-28-25)

The Landlord Registration, Minimum Standards, and Residential Rental Property Inspections Program for the BMSD is hereby established.

(Ord. No. 2013-28, § 2, 6-11-13; Ord. No. 2023-06, § 2, 2-7-23)

Code shall mean the Broward County Code of Ordinances.

Director shall mean the director, or designee, of the Broward County Urban Planning Division, or successor agency, charged with enforcing zoning and minimum standard regulations within the BMSD.

Enforcing agency shall mean the Urban Planning Division and any successor department or division of County government.

Lease shall mean any agreement or other arrangement, written or otherwise, offered by a landlord to a lessee in order to lease, sublease, rent, license, sublicense, or allow occupancy of a residential rental unit.

Lessee shall mean a person to whom a lease, sublease, license, or residential rental agreement is granted, whether written or oral.

Owner shall mean any person having any legal or equitable title in any residential rental unit.

Residential Rental Registration ("Registration") shall mean an application for the registration of a residential rental unit that has been issued and approved by the Division for an owner to lease a residential rental unit to a lessee.

Residential rental unit shall mean any residential dwelling that is not occupied by the owner and is leased for residential purposes, including any single family home and multifamily dwelling (including condominium units) with four (4) or fewer units. Residential rental unit shall not include any dwelling unit that is owned by a federal, state, or local housing program or the federal Department of Housing and Urban Development, hotels, motels, public lodging establishments, as defined in Section 509.013, Florida Statutes, as amended, or any community residential facility licensed and inspected by the state of Florida.

(Ord. No. 2013-28, § 2, 6-11-13; Ord. No. 2020-34, § 1, 9-22-20; Ord. No. 2023-06, § 2, 2-7-23; Ord. No. 2025-01, § 2, 1-28-25)

(a)

No person shall lease a residential rental unit unless that person has previously obtained a Registration from the Division for that unit. An application for a Registration shall be made for each residential rental unit. An owner shall be authorized to submit a single application if (i) the owner's property has more than one (1) unit under the same property identification number issued by the Broward County Property Appraiser's Office; and (ii) the contact information provided in the application for each unit is identical.

(b)

Beginning February 10, 2025, and for each year thereafter, each person intending to lease a residential rental unit to a lessee during any part of the following year shall submit an application for a Registration for that unit and obtain a Registration. Persons holding a current Residential Rental Certificate (defined as the certificate obtained from the Division by any person that leases a residential unit to a lessee) as of February 10, 2025, shall submit an application for a Registration upon expiration of the Residential Registration Certificate and obtain a Registration.

(c)

Application for a Registration for each residential rental unit shall be on a form prescribed by the Division, and shall include the legal name of the owner and landlord, if different; direct mailing address; telephone number; twenty-four (24) hour emergency telephone number; and if neither the owner nor the landlord maintains a residence or place of business in Broward, Miami-Dade, or Palm Beach County, the name and emergency contact information of a person with such a local residence or place of business, who has been designated and authorized by the owner or landlord to cure violations of this article. A separate application for a Registration shall be made for each property bearing a separate property identification number issued by the Broward County Property Appraiser's Office or having different contact information.

(d)

Each application shall be accompanied by an annual fee in the amount of Seventy-five Dollars ($75.00), which shall not be prorated.

(e)

Within thirty (30) days after any change to the information provided in the application, including a change in ownership, each person who has received a Registration shall inform the Division in writing of the change.

(f)

No application for a Registration shall be approved until a review of the Division's records has been completed and the code enforcement officer has determined that no complaints are pending inspection or that a material violation of the requirements of this article exists on the property that is the subject of the application. The Division's review shall be completed, and a report of findings shall be filed, no later than fifteen (15) business days after the Division's receipt of a complete application. The report shall include findings on whether the property is subject to outstanding code violations or lot-clearing liens or bills. Failure to complete the required Division review and file a report within the time prescribed shall result in a determination that no material violations of this article exist on the property that is the subject of the application. A new application for a Registration and review of the Division's records are required annually.

(Ord. No. 2013-28, § 2, 6-11-13; Ord. No. 2023-06, § 2, 2-7-23; Ord. No. 2025-01, § 3, 1-28-25)

(a)

Each residential rental unit subject to the provisions in this article shall meet the following minimum standards established by the specified sections of the Code, in addition to any other Code requirements.

(1)

Untended vegetation, junk, trash, and litter. Property grounds and contiguous swale areas shall be kept free of overgrown groundcover and hedges, junk vehicles and vessels, junk items, garbage, trash, litter, and debris, pursuant to Subsections 39-133(a) and (d) of the Code.

(2)

Exterior wall surfaces. The property shall be maintained free of chipping paint, graffiti, or other discoloration or similar markings, pursuant to Subsection 39-133(e)(1) of the Code.

(3)

Doors and windows. All doors and window openings shall be covered by windows and doors in working order with no cracks, holes, or other signs of disrepair, pursuant to Subsection 39-133(e)(2) of the Code.

(4)

Condition of accessory structures. All accessory structures on property, including, but not limited to, attached or detached carports and garages, awnings, screen porches, utility buildings, and wood decks, shall be maintained free of visual disrepair, including bent, broken, or missing fence posts, slats, or other fencing materials, cut or missing mesh screening, or broken or missing decking materials. Concrete fences or walls shall be finished with stucco on both sides and painted in a color compatible with the principal and accessory buildings on the plot, pursuant to Subsection 39-133(e)(3) of the Code.

(5)

Outside storage. The open air storage of any item is prohibited on the exterior property grounds and carport areas, with the exception of usable lawn, garden, or pool furniture or equipment, barbecues, toys, bicycles, or trash cans in present use by the residents of the dwelling on the plot where such items are stored, pursuant to Subsection 39-275(6)(b) of the Code.

(6)

Swimming pools and spas. All swimming pools and spas shall be maintained so that the water remains free and clear of pollutants and debris, and free of mosquito breeding or vermin infestation. Swimming pools and spas shall comply with the enclosure requirements of Subsection 39-275(5) of the Code, and the applicable provisions of the Florida Building Code.

(7)

Trash cans and receptacles. All trash cans and recycling containers shall be placed curbside for collection no more than twenty-four (24) hours prior to the regularly scheduled collection, and removed and properly stored within twelve (12) hours after collection. All receptacles containing garbage or trash shall be tightly closed and maintained in a sanitary condition. Receptacles, including recycling containers, when not placed curbside for collection, must be concealed by a hedge, fence, or wall so that they are substantially hidden from view at an eye level from adjacent properties and street right-of-way, pursuant to Subsection 39-275(6)(b) of the Code.

(8)

Parking and storage of private passenger vehicles. All vehicles kept or maintained at the property must be parked or stored, in a garage, carport, permitted offstreet parking area, or other paved or approved surface, except that in one-family detached dwelling residential zoning districts, the temporary parking of operable, currently licensed private passenger vehicles shall be permitted in the swale area of rights-of-way sixty (60) feet or less in width which are not designated as a collector or arterial by the Broward County Trafficways Plan or non-trafficway collector roads, pursuant to Subsection 39-215(g) of the Code.

(9)

Inoperative vehicles. All vehicles kept or maintained at the property, which are parked or stored outside of an enclosed residential garage, must be in an operable, street-worthy condition, pursuant to Subsections 39-275(6)(c) and (d) of the Code.

(10)

Clotheslines. All clothing and similar materials placed or hung on exterior portions of property must be located on properly placed clotheslines and are not permitted to be attached to fences, hedges, or any other exterior structure, utility, or furniture. Clotheslines shall be maintained in a safe condition, shall not be permitted in the front yards of property, and shall be located no closer than five (5) feet from any side or rear property line, pursuant to Subsection 39-275(3)(j) of the Code.

(Ord. No. 2013-28, § 2, 6-11-13; Ord. No. 2020-34, § 1, 9-22-20)

The purpose of this section is to establish uniform minimum standards within the BMSD for residential rental units and to establish uniform minimum standards for the maintenance of residential rental units that may be subject to this article. This section is a means of protecting the public health, general welfare, and life safety of the public by eliminating substandard living conditions, unsanitary conditions, and unsafe structures.

(Ord. No. 2023-06, § 3, 2-7-23; Ord. No. 2025-01, § 4, 1-28-25)

(a)

No person shall let to another for occupancy any residential rental unit for the purpose of living, sleeping, cooking, or eating therein, that does not comply with the minimum standards and requirements established hereunder.

(b)

Requirements for basic sanitary facilities and equipment.

(1)

Each residential rental unit shall have not less than the following:

a.

A flush water closet, lavatory basin, and a bathtub or shower;

b.

An approved source of running water suitable for human consumption;

c.

An approved type of kitchen sink; and

d.

Adequate receptacles for the storage of garbage, trash, refuse, and rubbish.

(2)

Each residential rental unit shall provide privacy for, and accessibility to, toilet and bath facilities as follows:

a.

All water closets, urinals, bathtubs, and showers shall be located in a room or rooms that afford privacy to the user;

b.

Rooms containing water closets, urinals, bathtubs, or showers shall be not more than one (1) story removed from the residential rental unit of any occupant sharing the facilities; and

c.

All toilet and bath facilities shall be so located so as to be accessible without going outside of the building or without going through a residential rental unit of another occupant.

(3)

Each kitchen sink, lavatory basin, bathtub, and shower shall be supplied with hot and cold water. The water heating facility shall be adequate to supply at least twenty (20) gallons of not less than one hundred twenty degrees Fahrenheit (120° F) water per day for each occupant.

a.

Water heating facilities shall be properly installed, connected, and maintained in a safe and good working condition.

b.

No electric water heater shall be allowed in any bathroom unless the water heater and all electrical connections are totally encased in a nonconductive material or the water heater is installed in such a manner as to avoid any probability of shock hazard.

(4)

All plumbing fixtures shall be properly connected to approved water, sewer, or gas systems. Where a sewer system is not available, drain lines shall be connected to an approved and permitted septic tank.

(5)

Every plumbing fixture, water pipe, waste pipe, gas line, and drain line shall be maintained in a good, sanitary working condition.

(6)

Every supplied facility and piece of equipment to be utilized by a tenant or occupant, including tenant-owned equipment, shall be maintained in a safe, sanitary, and properly operating condition. This provision shall not apply to small domestic appliances including, but not limited to, microwaves, coffee pots, blenders, etc.

(7)

Floor surfaces in water closet compartments, bathrooms, shower rooms, and kitchens shall be covered with asphalt, vinyl-plastic, rubber tile, ceramic tile, terrazzo, linoleum, or other durable, waterproof, nonabsorbent material, and such floors shall be properly maintained in a clean and sanitary condition. No finished flooring material that requires "face nailing" shall be used.

(c)

General requirements for all residential rental units.

(1)

Foundations, floors, walls, ceilings, roofs, windows, doors, and all other building parts shall be structurally sound, weathertight, watertight, and rodent proof and shall be kept in good repair. All roof surfaces shall be watertight. Where water is permitted to stand on a roof for cooling purposes, the roof must be designed for that purpose, and proper precautionary measures shall be taken to prevent breeding of mosquitoes and other similar insects. Gutters and downspouts, where in existence, shall be maintained in a good state of repair.

(2)

All parts and areas subject to deterioration shall be properly maintained and suitably protected from the elements.

(3)

All accessory structures, including fences, garden walls, and other similar enclosures, shall be kept clean and maintained in reasonably good repair, free from infestations.

(4)

Exterior premises shall be kept free from excessive growth of weeds, grass, and other flora. The term "excessive" shall be interpreted as a condition, the existence of which could be detrimental to the health, safety, and welfare of the occupants of the premises or to the public.

(d)

Heating facilities. Every residential rental unit shall have adequate space-heating facilities, which are properly installed and maintained in a safe and good working condition, as provided in the Florida Building Code and other regulatory codes of Broward County and the state of Florida.

(Ord. No. 2023-06, § 3, 2-7-23)

(a)

Upon receipt of a minimum standards complaint, the enforcing agency is hereby authorized and empowered to make inspections of any properties that have applied for or obtained a Registration pursuant to this article in order to determine the physical condition of said premises and ensure compliance with this article.

(b)

Except as provided in Section (c) for owner-occupied residences, the inspecting officers of the enforcing agency are hereby authorized to enter, examine, and survey ("inspect") any residential rental unit, at reasonable hours, or at such other time as may be necessary in an emergency, to ensure compliance with this article. Except for emergencies endangering the public health, general welfare, or life safety, the inspecting officers of the enforcing agency shall enter a residential rental unit only upon the prior or contemporaneous consent of the person lawfully in occupancy thereof or the person who has the legal right of possession thereof, or with a court order or inspection warrant, or in accordance with the provisions of this section.

(c)

In the event that a person who is lawfully in occupancy or has the legal right of possession over a residential rental unit shall not consent to an inspection of said residential rental unit, said person shall be given the opportunity to reschedule such inspection for a time certain within ten (10) days after the inspector's initial contact. Failure of the person exercising common authority over said residential rental unit to thereafter consent to an inspection of the structure or premises without just cause shall be sufficient grounds and probable cause to seek an inspection warrant, as authorized by Sections 933.20 through 933.30, Florida Statutes, as amended, for the purpose of inspecting said structure or premises. Owner-occupied family residences are exempt from the provisions of Sections 933.20 through 933.30, Florida Statutes, as amended.

(d)

In the event that it shall be deemed necessary by an inspector of the enforcing agency to enter a residential rental unit where the person lawfully in occupancy or having legal right of possession (i) cannot be readily contacted in order to obtain consent to inspect the residential rental unit; or (ii) refuses to consent to the inspection, the inspecting officer of the enforcing agency may apply to the County Court or Circuit Court for the issuance of an inspection warrant to be served by an officer duly authorized by law to serve inspection warrants.

(e)

Inspecting officers of the enforcing agency shall be provided with official identification and shall exhibit such identification when making any inspection.

(Ord. No. 2023-06, § 3, 2-7-23; Ord. No. 2025-01, § 5, 1-28-25)

(a)

The minimum standards outlined in this article may be enforced by code enforcement officers and by any law enforcement agency having jurisdiction of the area within which the residential rental unit is located pursuant to Section 125.69 and Chapter 162, Florida Statutes.

(b)

Conflict of interests. No official, Board member, or employee of Broward County charged with the enforcement of this article shall have any financial interest, directly or indirectly, in any repairs, corrections, construction, or demolition that may be required or ordered hereunder.

(Ord. No. 2023-06, § 3, 2-7-23)

(a)

With the exception of buildings or structures deemed unsafe, whenever an enforcing officer determines that there is a violation of any provision related to minimum standards found in this article, such enforcing officer shall document the violation and submit a report of the same to the director, whereupon the director shall review all pertinent reports and exhibits, and thereafter may issue a notice of violation and order to show cause why the violation(s) should not be corrected.

(b)

A notice of violation and order to show cause shall be served on the alleged violator and, if different from the alleged violator, the owner of the structure or premises. Such notice and order shall:

(1)

Be in writing;

(2)

Be dated and signed by the code inspector;

(3)

Specify the violation or violations, and their respective code citations;

(4)

Contain an outline of the corrective action, which, if properly performed, will effect compliance with the provisions of this article;

(5)

State whether a building permit is or is not necessary to correct the violation(s);

(6)

State that, if a building permit is necessary, it must be obtained prior to correcting the violation(s) and that it must be obtained no later than thirty (30) days after the date of the violation notice;

(7)

Set a time certain within which the corrective work is to be completed;

(8)

Contain a statement that final compliance must conform to the requirements of the Florida Building Code; and

(9)

State that the director may cause to be made any corrections ordered by the hearing officer, the cost of which shall be paid by the owner and, if not paid, assessed against the property and shall become a lien against the property.

(c)

All notices required by this article shall be served in accordance with the provisions of Chapter 162, Florida Statutes, as amended.

(d)

Notice, duly served, shall be an order to correct the violation(s) specified therein.

(Ord. No. 2023-06, § 3, 2-7-23)

(a)

There is hereby created, for the purpose of conducting hearings pursuant to this article, the position of hearing officer. The hearing officer shall be selected by the County Attorney from a list of candidates approved by the Board of County Commissioners of Broward County. The hearing officer shall be a member in good standing with The Florida Bar engaged in the practice of law in Broward County.

(b)

Upon receipt of a timely request for an administrative hearing, the matter shall be set for hearing on the next regularly scheduled hearing or as soon thereafter as possible.

(c)

The County shall serve a notice of hearing to the alleged violator, which notice shall include but not be limited to the following:

(1)

Place, date, and time of the hearing.

(2)

Right of the alleged violator to be represented by an attorney.

(3)

Right of the alleged violator to present witnesses and evidence and conduct cross-examination.

(4)

A conspicuous statement reflecting the requirements of Chapter 286, Florida Statutes, that a person deciding to appeal any decision of a hearing officer will need to ensure that a verbatim record of the proceedings is made. In lieu of providing a notice of hearing as provided above, the County may include a hearing date in the notice of violation that will be scheduled if the alleged violator requests an administrative hearing, provided that the notice of violation includes the information required by this section.

(d)

No hearing shall be scheduled sooner than ten (10) days from the date of service of the notice of violation unless there is reason to believe that a violation presents a serious threat to the public health, general welfare, or life safety.

(e)

All hearings shall be open to the public. All testimony shall be under oath and minutes shall be taken.

(f)

The County shall provide clerical and administrative personnel as may be reasonably required by each hearing officer.

(g)

Each case before a hearing officer shall be presented by the personnel designated by the County Administrator or the director. The County Administrator or the director shall adopt procedures for the conduct of hearings before hearing officers.

(h)

Formal rules of evidence shall not apply, but fundamental principles of due process shall be observed and govern the proceedings. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a state of Florida court.

(i)

Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses on any relevant matter.

(j)

The hearing officer shall make findings of fact based on the evidence presented. In order to make a finding affirming the code inspector's decision, the hearing officer must find by clear and convincing evidence that the alleged violator was properly served with notice, that the alleged violator was responsible for the violation of the relevant provision as cited, and that the time for correction set by the code inspector in the warning notice, if required, was reasonable.

(k)

The hearing officer may not determine that the time given for correction in the warning notice was too long. If the hearing officer finds that a violation occurred but determines that the time given for correction was not reasonable, the hearing officer shall determine a reasonable time period, which shall then be the required time for compliance.

(l)

If the alleged violator is found guilty of the violation and the appropriate fine is imposed, the violator may also be held liable for the reasonable costs of the administrative hearing, at the discretion of the hearing officer.

(m)

The hearing officer shall have the power to:

(1)

Take testimony under oath.

(2)

Determine whether the cited violations occurred.

(3)

Determine whether a reasonable time period for compliance was given.

(4)

Determine whether the alleged violator was properly notified of the hearing.

(5)

Assess and order the payment of fines, which may include civil penalties and administrative costs as provided under this article within a specified time.

(6)

Impose liens as provided by Chapter 8½, Broward County Code of Ordinances, and Chapter 162, Florida Statutes.

(7)

Issue a fine consistent with Section 5-72 of the Broward County Code of Ordinances and Chapter 162, Florida Statutes.

(Ord. No. 2023-06, § 3, 2-7-23)

(a)

Violations of this article may be enforced pursuant to Chapter 8½ of the Code, Chapter 162, Florida Statutes, as amended, or other appropriate legal action. The County is entitled to recover all costs and expenses of enforcement, and such costs and expenses may be recorded as a lien against the property that was the subject of the enforcement action.

(b)

The violator or the County may seek a rehearing of the case by filing a written motion for rehearing within five (5) working days after rendition of the decision by the hearing officer. The motion for rehearing shall set forth issues that were overlooked or omitted at the hearing but shall not consist of a reargument of the case. If the motion is made by the violator, said motion shall be sent to the enforcing agency at the address set forth on the notice of hearing. The enforcing agency shall immediately forward the motion for rehearing to the hearing officer. If the motion is made by the County, the County shall forward a copy of the motion to the hearing officer and to the violator at the last known address. Within ten (10) days after receipt of the motion, the hearing officer shall enter an order on the motion for rehearing. If the motion for rehearing is granted, the case shall be set for rehearing on the next regularly scheduled hearing or as soon thereafter as possible.

(c)

The violator or the County may appeal a final decision of a hearing officer to the Circuit Court of the Seventeenth Judicial Circuit within thirty (30) days after the date of rendition of the decision of the hearing officer, as provided by the Florida Rules of Appellate Procedure.

(Ord. No. 2023-06, § 3, 2-7-23; Ord. No. 2025-01, § 6, 1-28-25)