This article shall be known as the Property Maintenance Code. It is found and declared that lack of maintenance and progressive deterioration of properties have the effect of creating conditions of slum and blight. Such conditions, if unabated, will expand and necessitate the expenditure of large amounts of public funds to correct and eliminate them. It is hereby found and declared that there are properties within Broward County which are, or may become in the future, public nuisances. It is the intent of this article to establish property maintenance standards to prevent or abate the following conditions:

(1)

Property deterioration;

(2)

Failure to maintain exterior surfaces and yard areas;

(3)

Insect and rodent infestation;

(4)

Improper storage of household items; and

(5)

Existence of fire hazards and unsanitary conditions which constitute a menace to the health, safety, and welfare of the public.

(a)

The purpose of this article is to protect the public health, safety, and welfare by:

(1)

Establishing minimum standards governing the maintenance, appearance, condition, and occupancy of residential and nonresidential premises;

(2)

Establishing minimum standards governing structures and other physical components and conditions essential to make structures fit for human habitation, occupancy, and use;

(3)

Establishing certain responsibilities and duties for property owners, occupants, and operators;

(4)

Authorizing and establishing enforcement and abatement procedures which afford property owners due process under the law;

(5)

Establishing penalties for the violations of this Code; and

(6)

Providing for the repair, demolition, or vacation of premises unfit for human habitation, occupancy, or use.

(b)

This article shall not be construed to:

(1)

Discourage property owners from planting, preserving, or maintaining native vegetation in its natural state upon their land; or

(2)

Prohibit the collection of garbage or recyclable materials in authorized receptacles by authorized garbage and trash collectors or authorized collectors of recyclable materials; nor the placement of debris in the swale area for a reasonable time, not to exceed twenty-four (24) hours prior to the date for a special bulk collection by an authorized garbage or trash collector; or

(3)

Require clearing activities in violation of Chapter 5, Article XII, Broward County Code of Ordinances, "Natural Resource Areas;" or

(4)

Prohibit, restrict, regulate, or otherwise limit any activity of a bona fide farm operation on land classified as agricultural land pursuant to Section 193.461, Florida Statutes, where such activity is regulated through implemented best-management practices or interim measures developed by the Florida Department of Environmental Protection, the Florida Department of Agriculture and Consumer Services, or water management districts and adopted pursuant to Chapter 120, Florida Statutes, as part of a statewide or regional program; or

(5)

Prohibit, restrict, regulate, or otherwise limit any activity of a farm operation, as defined in Section 39-4 so long as such activity has not been determined to be a nuisance pursuant to Section 39-132.

(c)

In order to restore, enhance, and maintain the health, safety, and welfare of residents of the unincorporated areas of Broward County and promote an attractive community in which people may reside and do business, this article is intended to apply to all existing buildings, structures, and lands within unincorporated Broward County, without regard to the use, date of construction, improvement, or alteration.

(Ord. No. 1999-45, § 1, 8-24-99; Ord. No. 2001-18, § 6, 5-22-01; Ord. No. 2016-30, § 3, 10-25-16)

In addition to the terms defined in Article II of this chapter, the following words, terms, and phrases, when used in this article, shall have the following meanings, except where the context clearly indicates a different meaning.

Abandoned personal property: All tangible property that does not have an identifiable owner or that has been improperly disposed of on public or private property, without intent to reclaim, or that has no apparent intrinsic value to the owner of the property where such item is located. Such abandoned property shall include, but not be limited to, a motor vehicle, recreational vehicle, trailer, vessel, aircraft, or special purpose vehicle that does not have affixed a current motor vehicle license tag or vessel registration sticker.

Accessible: A building that is unsecured or breached in such a way as to allow access by trespassers or other unauthorized persons.

Airport property: Property owned or controlled by Broward County as a public-use airport, having regularly scheduled international passenger service.

Boarded: An unoccupied building that has been secured against entry by material such as plywood, boards, or other similar material placed over openings, such as doors or windows, when such materials are visible off the premises and are not both lawful and customary to install on an occupied building.

Debris: Waste materials resulting from the construction or demolition of structures or buildings or waste accumulation of lawn, grass, shrubbery, tree trimmings, fruit or other matter usually created as refuse in connection with trees or other landscape plants.

Derelict orabandoned aircraft: Aircraft stored in the open to which one (1) or more of the following applies:

a.

An aircraft that does not hold a current and valid airworthiness certificate issued by the Federal Aviation Administration, or other appropriate aircraft certifying authority, and is not in the process of actively being repaired;

b.

An aircraft that has remained in an idle state on premises owned or controlled by the operator of a public-use airport for at least forty-five (45) consecutive calendar days; or

c.

An aircraft that has been disposed of on a public-use airport in a wrecked, inoperative, or partially dismantled condition.

Developed area: Any quarter section of land which is approximately seventy-five (75) percent developed.

Garbage: Every waste accumulation of animal or vegetable matter which attends the preparation, use, cooking, processing, handling, or storage of meats, fish, fowl, fruits, vegetables, or other organic matter, which is subject to decomposition, decay, putrefaction, or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as a breeding or feeding material for flies, insects, or animals.

Junk items: Wrecked, dismantled, partially dismantled, or discarded items including, but not limited to, tires, machinery, appliances, plumbing fixtures, household items, unusable construction materials, and other similar items which are inoperable, unusable, or in deteriorated condition. The term "junk items" shall not include junk vehicles and vessels, as defined herein.

Junk property: Junk items, junk vehicles, junk vessels and derelict aircraft, as those terms are defined herein.

Junk vehicles and vessels: Vehicles, trailers, or vessels which are parked or stored without having all wheels mounted or without having all their tires inflated, or which are in a condition of substantial disrepair, including being wrecked, dismantled, partially dismantled, or discarded, and which are inoperable or in a severely deteriorated condition.

Litter: Discarded paper, paper or plastic products, and containers of any kind.

Nuisance: Any condition that endangers life or health, obstructs reasonable or comfortable use of property, or any nuisance prohibited by general law, special or local law, or ordinance.

Overgrown groundcover: Grass, weeds, and other low-growing plants, except native vegetation that, by the nature of their own horizontal growth habits, cover the ground, and which are not regularly cared for and maintained and grow in an uncontrolled manner exceeding six (6) inches in height in developed areas, and exceeding eighteen (18) inches in height in developed agricultural, estate, and rural areas.

Power line or power lines: A cable carrying electrical power that is supported by poles or pylons.

Premises: A lot, plot, or parcel of land, including any structures thereon.

Repeat violation: A violation of this article by a person or entity who has previously been issued a notice of public nuisance and failed to comply, resulting in abatement of the nuisance by the County, or has previously been found by the special magistrate to have violated the same provision of this Code within five (5) years prior to the violation, or has previously been issued a citation violation notice for the same provision of this Code and that was uncontested pursuant to Chapter 8½ of the Code.

Right Tree, Right Place Guidelines: Guidelines for planting trees near power lines, published within Florida Power & Light Company's "Right Tree, Right Place" brochure. These guidelines require that trees be placed as follows:

(a)

Trees, including palms, less than twenty (20) feet in height at maturity may not be planted under power lines.

(b)

Trees, other than palms, twenty (20) feet to thirty (30) feet in height at maturity shall be planted twenty (20) feet away from power lines.

(c)

Trees, other than palms, greater than thirty (30) feet in height at maturity shall be planted thirty (30) feet away from power lines.

(d)

Palm trees greater than twenty (20) feet in height at maturity shall be planted either twenty (20) feet or at one (1) maximum palm frond length plus ten (10) feet away from power lines, whichever is greater.

Secure manner: The closure and locking of windows, doors, gates, and any other openings to prevent unauthorized access to the interior of vacant buildings, or parts thereof, in a manner consistent with conventional methods used in the original construction and design. Broken windows shall be secured by repair, replacement, or boarding of the windows so as to meet all applicable laws, codes, and regulations.

Structure: Anything built or constructed, which requires location on the ground or which is attached to something having a location on the ground.

Swale: That portion of a public right-of-way intended to provide drainage which lies between private property and the actual pavement of the public right-of-way.

Trash: Every waste accumulation of sweepings, dust, rags, cartons, or any other such discarded material, except garbage, junk, and litter.

Tree: Any living, self-supporting, dicotyledonous or monocotyledonous woody perennial plant which has a DBH of no less than three (3) inches and which normally grows to an overall height of no less than ten (10) feet in Southeast Florida.

Vacant building: Any building that is neither occupied nor used by persons authorized by the owner of the property on which such building is located. Evidence of vacancy shall include, but is not limited to, nonfunctioning electric, water, or gas utilities; accumulation of abandoned personal property; statements by neighbors, passers-by, delivery agents, or government agents; or any other evidence that would lead a reasonable person to believe that the property is not legally occupied.

(Ord. No. 1999-45, § 2, 8-24-99; Ord. No. 2016-30, § 3, 10-25-16; Ord. No. 2018-22, § 6, 5-8-18; Ord. No. 2019-20, § 3, 6-4-19)

(a)

It is declared unlawful and a public nuisance for an owner of any property to maintain or permit the open storage or discarding of abandoned property, junk vehicles and vessels, derelict aircraft, junk items, debris, garbage, trash, and litter, except in facilities approved by Broward County for storage or discarding of such items or materials; the maintenance of overgrown groundcover or vegetation; unmaintained buildings; and unsecured vacant buildings within unincorporated Broward County. Such conditions, storage, and discarding have been determined by the Board of County Commissioners to constitute a public nuisance in that such items create an eyesore to the community, become a breeding ground for rats and other vermin, create an attractive nuisance to children, lead to the further accumulation of junk, garbage, trash, litter, and debris, threaten or endanger the public health, safety, and welfare, and contribute to the deterioration of both residential and nonresidential areas.

(b)

The Board of County Commissioners has determined that the County's removal of overgrown groundcover and hedges, junk items, trash, garbage, litter, and debris, after providing notice to the property owner and a reasonable period of time in which to remove the items, is an appropriate means of furthering the health, safety, and welfare of the citizens of Broward County.

(c)

The Board of County Commissioners has determined that the removal and destruction of junk vehicles and vessels and derelict aircraft from private property, the removal and sale of junk vehicles, items, vessels, and derelict aircraft from airport property, and the abatement of unsecured vacant buildings, after the reasonable opportunity for a hearing, is an appropriate means of furthering the health, safety, and welfare of the citizens of Broward County.

(d)

Farm operations located on that portion of a plot or plots of land located in agricultural, rural, and estate districts which have been classified as agricultural pursuant to Section 193.461, Florida Statutes, or the use of which has been determined to be a farm pursuant to an administrative determination of the zoning official or a final order of a hearing officer or court of law in accordance with Section 5-45 of the Broward County Code of Ordinances, which has been in existence for one (1) year or more since its established date of operation, and which was not a nuisance at the time of its established date of operation, shall constitute a public or private nuisance if the farm operation does not conform to generally accepted agricultural and management practices or if it is determined by the code enforcement hearing officer that any of the following conditions exist:

(1)

The presence of untreated or improperly treated human waste, garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life.

(2)

The presence of improperly built or improperly maintained septic tanks, water closets, or privies.

(3)

The keeping of diseased animals which are dangerous to human health, unless such animals are kept in accordance with a current state or federal disease control program.

(4)

The presence of unsanitary places where animals are slaughtered, which may give rise to diseases which are harmful to human or animal life.

(e)

No farm operation shall become a public or private nuisance as a result of a change in ownership, a change in the type of farm product being produced, a change in conditions in or around the locality of the farm, or a change brought about to comply with Best Management Practices adopted by local, state, or federal agencies if such farm has been in operation for one (1) year or more since its established date of operation and if it was not a nuisance at the time of its established date of operation.

(f)

The expansion of a farm operation will not be permitted to a more excessive farm operation with regard to noise, odor, dust, or fumes where the existing farm operation is adjacent to an established homestead or business on March 15, 1982.

(Ord. No. 1999-45, § 9, 8-24-99; Ord. No. 2001-18, § 7, 5-22-01; Ord. No. 2005-17, § 9, 6-28-05; Ord. No. 2016-30, § 3, 10-25-16)

(a)

It shall be the responsibility of all property owners in the unincorporated area of Broward County to maintain their property and contiguous swale free of abandoned property, junk vehicles and vessels, junk items, garbage, trash, litter, debris, and unmaintained or unsecured buildings.

(b)

The open storage of debris, garbage, trash, litter, junk vehicles and vessels or derelict aircraft shall be permitted only on property where such storage is a permitted use or a valid nonconforming use and the property is maintained and operated in accordance with all applicable zoning, health, and environmental regulations.

(c)

Junk vehicles and vessels and junk items may be stored on residential property only within a completely enclosed building in a manner so that the junk is not visible from other public or private property and does not create a health hazard. Such storage shall only be permitted as an accessory use.

(d)

In developed areas, it shall be the responsibility of all owners of undeveloped parcels of land one (1) net acre or less and developed parcels of land to maintain such lands and contiguous swales free of overgrown hedges and groundcover. This provision shall not apply to land or parcels of land located in rural, estate and agricultural districts.

(e)

It shall be the responsibility of all property owners of developed land to maintain buildings, structures, and grounds on their property in a state of good repair. "State of good repair" shall mean:

(1)

Building exterior. All buildings, including all exterior elements such as roofs, fascia boards, gutters, and downspouts, shall be maintained free of faded or chipped paint, rust, holes, graffiti, discoloration, mildew, rot, and similar signs of disrepair or deterioration.

(2)

Doors and windows. All building openings, such as openings for doors, windows, and air conditioners, shall be covered by windows, doors, or air conditioners in working order, with no cracks, holes, or other signs of disrepair. All vacant buildings, or portions thereof, shall be maintained in a secure manner, as defined herein, to prevent unauthorized access to the interior through doors, windows, or other openings. Any boarded-up or covered door and window coverings shall be painted to match the remainder of the building.

(3)

Accessory structures. Any accessory structure on a plot, including 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 shall be finished with stucco on both sides and painted in a color compatible with the principal and accessory buildings on the plot. The use of shipping containers shall not be permitted as accessory buildings on residentially-used property. Truck bodies shall be prohibited in all zoning districts as accessory buildings. Signs shall be maintained in accordance with requirements of section 39-55 of this Code.

(4)

Site plans. All property, including buildings, structures, and grounds, shall be maintained in accordance with the approved site plan, including, but not limited to, parking and loading areas, ingress and egress, landscaping, signage, and design standards.

(f)

It shall be the responsibility of any property owner and the authorized occupant of public property to maintain the premises free of any junk vehicles, items, and vessels, derelict aircraft, debris, trash, garbage, and litter, except for junk vehicles, vessels, or derelict aircraft stored within a building or other facility approved by the governmental authority having jurisdiction over such public property.

(g)

Nothing shall be allowed on or in any structure, land, or water body in any district that shall in any way be offensive or obnoxious, based upon a reasonable person standard, by reason of the emission of odors, gases, dust, smoke, vibrations, or noise (including the crowing of cocks, barking of dogs, or any noises or odors emanating from any animal, fish, or fowl), taking into account the nature, frequency, intensity, duration, and time of day, as well as the surrounding ambient conditions. Nor shall anything be constructed or maintained that would in any way constitute an eyesore to adjacent property owners or residents, or the community, based upon a reasonable person standard. Uninvited noise shall be deemed unreasonably loud if it is plainly audible inside of a receiving property with doors and windows closed, across a property line, and interferes with a person's peaceful enjoyment of a residence or the peace and tranquility of the surrounding neighborhood ("Unreasonably Loud Noise"). The activities listed in Table 1, Activities Exempted from the Definition of Unreasonably Loud Noise, are exempt from the definition of Unreasonably Loud Noise during the time periods specified:

TABLE 1
ACTIVITIES EXEMPTED FROM THE DEFINITION OF UNREASONABLY LOUD NOISE

• Sound Generating Activity .....Exempted
Time Period

• Using or operating a loudspeaker or loudspeaker system .....7:00 a.m.
—7:00 p.m.

• Loading and unloading, opening, closing, or other handling of boxes, crates, containers, building materials, or other objects .....7:00 a.m.
—7:00 p.m.

• Operating or causing the operation of any tools or equipment used in construction, reparation, alteration, maintenance, testing, drilling, dredge and fill, or demolition work .....7:00 a.m.
—7:00 p.m.

• Operating or causing the operation of power outdoor cleaning equipment, including the use of sweepers and blowers .....7:00 a.m.
—7:00 p.m.

• Operating or causing the operation of landscaping and yard maintenance, tree trimming, or gardening equipment .....7:00 a.m.
—7:00 p.m.

• Operating motor vehicles on a public and private right-of-way .....At all times

• Routine maintenance of public service utilities .....7:00 a.m.
—7:00 p.m.

• Alerting persons to the existence of an emergency .....At all times

• Operating or causing the operation of engines, pumps, generators, construction tools, or other equipment for emergency use .....At all times

• Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way pursuant to lawful authority .....At all times

• Operation of business at restaurants, bars, and nightclubs .....At all times

• Sounding of safety devices designed to protect humans (i.e., safety noises, such as beeping, emanating from a tractor, truck, trailer, or other heavy machinery); operating equipment (i.e., safety noises, such as beeping, emanating from forklifts or other motorized jobsite equipment); or motorized vehicles, including but not limited to motor vehicles, boats, and aircraft .....At all times

• Any noise generated by the movement of aircraft in accordance with or pursuant to applicable federal laws or regulations .....At all times

Any Unreasonably Loud Noise shall be deemed a violation of this section. No measurement of noise level shall be required for a violation of this section. An alleged violation of these provisions shall be investigated and determined by a code enforcement officer. Enforcement of alleged violations of this Code shall be pursuant to Chapter 8½ of the Broward County Code of Ordinances.

(Ord. No. 1999-45, § 3, 8-24-99; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2016-30, § 3, 10-25-16; Ord. No. 2018-01, § 2, 1-9-18; Ord. No. 2023-42, § 2, 12-12-23)

(a)

Private property or swale.

(1)

Whenever a code enforcement officer ascertains that a junk vehicle, vessel, or derelict aircraft is stored or discarded on private property in violation of this article, the officer shall cause a notice to be provided to the owner of the real property upon which the junk vehicle, vessel, or derelict aircraft is located, as determined in accordance with the tax rolls of Broward County, unless the enforcement officer has actual knowledge of a subsequent property owner, and, to the extent possible, cause a notice to be placed upon each such item. If the item is a motor vehicle or boat, the code enforcement officer shall obtain the name and address of the owner of the item from the Department of Highway Safety and Motor Vehicles or from the Department of Environmental Protection, as appropriate, and shall cause a notice to be provided to the owner of record. If the item is an aircraft, the code enforcement officer shall obtain the name and address of the owner from the Federal Aviation Administration. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY:

THIS PROPERTY TO WIT: (setting forth brief description)

LOCATED AT (setting forth brief description of location) IS:

IN VIOLATION OF CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, WHICH PROHIBITS THE IMPROPER STORAGE OR DISCARDING OF JUNK VEHICLES, VESSELS, OR DERELICT AIRCRAFT ON PRIVATE PROPERTY. SUCH JUNK VEHICLES, VESSELS, OR DERELICT AIRCRAFT MUST BE REMOVED OR PROPERLY STORED WITHIN TEN (10) DAYS AFTER THE DATE OF THIS NOTICE, OR THE ________ DAY OF _____________, 20____. YOU MAY CONTEST THE DETERMINATION BY BROWARD COUNTY THAT THIS ITEM IS SUBJECT TO REMOVAL PURSUANT TO CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES BY FILING A CONTEST WITH THE DIVISION [address of Division]. CONTESTS TO THE DETERMINATION OF BROWARD COUNTY MUST BE RECEIVED BY THE DIVISION NO LATER THAN THE DATE SET FORTH ABOVE. IF YOU FAIL TO REMOVE OR PROPERLY STORE THE ABOVE-REFERENCED PROPERTY OR FILE A CONTEST BY THE DATE SET FORTH ABOVE, THE PROPERTY SHALL BE REMOVED AND MAY BE DESTROYED BY BROWARD COUNTY.

IF YOU FILE A CONTEST TO THE DETERMINATION OF BROWARD COUNTY WITH THE DIVISION, A HEARING REGARDING THIS VIOLATION SHALL BE HELD ON THE _____ DAY OF _____, ___. AT

_____

_____

   (address and phone number of Division)

PERSONS RESPONSIBLE FOR THE REMOVAL OF SUCH ABOVE-REFERENCED ITEM(S) WHO FAIL TO REMOVE OR PROPERLY STORE SUCH PROPERTY SHALL BE RESPONSIBLE FOR ALL COSTS OF DISPOSAL OF THE PROPERTY, INCLUDING THE COSTS OF REMOVAL, DISPOSAL, AND ADMINISTRATIVE COSTS, IF THE PROPERTY IS NOT REMOVED OR STORED AS REQUIRED BY THIS NOTICE.

FOR FURTHER INFORMATION REGARDING THIS MATTER, PLEASE CONTACT THE UNDERSIGNED CODE ENFORCEMENT OFFICER.

THIS NOTICE DATED THIS _____ DAY OF _____, ___

SIGNED:   _____

(name, title)

_____

  (employment address and employment telephone number)

(2)

Whenever a code enforcement officer determines that overgrown groundcover or hedges, junk items, debris, garbage, litter, or trash are being stored on private property or in the swale in violation of this article, the officer shall cause a notice to be provided to the property owner of the real property upon which the overgrown groundcover or hedges, junk items, debris, garbage, litter, or trash are located. If the junk items, overgrown groundcover or hedges, debris, garbage, litter, or trash are located in the swale, the notice shall be provided to the owner of the real property contiguous to the swale. The owner shall be determined in accordance with the tax rolls of Broward County, unless the code enforcement officer has actual knowledge of a subsequent property owner. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

NOTICE IS HEREBY PROVIDED TO:

(Property owner)

(Property owner mailing address)

THAT THE FOLLOWING DESCRIBED PROPERTY IS IN VIOLATION OF CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," FOR THE REASON(S) SPECIFIED:

_____Groundcover exceeding 6″ in height

_____Groundcover exceeding 18″ in height (agricultural, estate or rural areas)

_____Overgrown shrubs or other such vegetation

_____Storage of junk items, debris, garbage, litter or trash

_____Other-describe: _____

_____

SECTION(S) VIOLATED: _____

_____

LOCATION: (Property Address)

LEGALLY DESCRIBED AS: (Legal Description)

YOU ARE HEREBY REQUIRED TO BRING THE PROPERTY INTO COMPLIANCE WITH ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," WITHIN:

_____ TEN (10) DAYS, IF ON PRIVATE PROPERTY

_____ FIVE (5) DAYS, IF ON SWALE

AFTER THE DATE OF THIS NOTICE.

TO BRING THE PROPERTY INTO COMPLIANCE, YOU ARE REQUIRED TO: (Explanation of work required to correct the violation and general explanation of any debris that must be cleared, if applicable) _____

_____

_____

_____

_____

FAILURE TO CORRECT THE VIOLATION AND CALL FOR A REINSPECTION WITHIN THE TIME SPECIFIED MAY RESULT IN BROWARD COUNTY CORRECTING THE VIOLATION OR CAUSING IT TO BE CORRECTED AND ASSESSING THE PROPERTY OWNER FOR THE COSTS AND EXPENSES OF CLEARING THE PROPERTY.

THE ESTIMATED COST FOR THE COUNTY TO CLEAR THE PROPERTY IS $ (indicate amount). IF BROWARD COUNTY IS REQUIRED TO CLEAR THE PROPERTY AND THE COSTS AND EXPENSES ARE NOT PAID BY THE PROPERTY OWNER WITHIN THIRTY (30) DAYS, A LIEN MAY BE RECORDED AGAINST THE PROPERTY.

SAID LIEN MAY BE ENFORCED PURSUANT TO LAW.

IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CALL ____________ AT (954) ___________, URBAN PLANNING DIVISION.

Notice provided by  _____

Code Enforcement Officer

Print Name: ___________ Date: _____

(b)

Airport property. Whenever a code enforcement officer ascertains that a junk vehicle, vessel, item, or derelict aircraft ("junk property") is stored or discarded on airport property in violation of this article, the officer or the Director of the Broward County Aviation Department, or designee, shall provide for enforcement of this Code pursuant to the applicable procedures set forth in Sections 705.182, 705.183, and 705.184, Florida Statutes, for the disposal of personal property or derelict or abandoned aircraft or motor vehicles on public-use airports.

(c)

Unmaintained buildings and structures. If a code enforcement officer determines that any building or structure is being maintained in a state of disrepair, a notice of violation shall be sent to the property owner, as determined in accordance with the tax rolls of Broward County, unless the enforcement officer has actual knowledge of a subsequent property owner. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

NOTICE IS HEREBY PROVIDED TO:

(Property owner)

(Property owner mailing address)

THAT THE FOLLOWING DESCRIBED PROPERTY IS IN VIOLATION OF CHAPTER 39, ARTICLE X, "PROPERTY MAINTENANCE AND JUNK OR ABANDONED PROPERTY; NUISANCES," FOR THE REASON(S) SPECIFIED: _____

_____

_____

_____

LOCATION: (Property Address)

LEGALLY DESCRIBED AS: (Legal Description)

SECTION(S) VIOLATED: _____

_____

YOU ARE HEREBY REQUIRED TO BRING THE PROPERTY INTO COMPLIANCE WITH ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," ___ (__) DAYS AFTER THE DATE OF THIS NOTICE OR THE ______ DAY OF _____________, ____. TO BRING THE PROPERTY INTO COMPLIANCE, YOU ARE REQUIRED TO: (Explanation of work required to correct the violation) _____

_____

_____

_____

FAILURE TO CORRECT THE VIOLATION AND CALL FOR A REINSPECTION WITHIN THE TIME SPECIFIED MAY RESULT IN FURTHER ENFORCEMENT ACTION BEING TAKEN AGAINST YOU INCLUDING THE IMPOSITION OF A LIEN AGAINST YOUR PROPERTY.

IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CALL ____________ AT (954) _________, URBAN PLANNING DIVISION.

Notice provided by _____

Code Enforcement Officer

Print Name: ___________ Date: _____

(d)

Unsecured buildings. If a code enforcement officer determines that any vacant building is unsecured, a notice of violation shall be sent to the property owner, as determined in accordance with the tax rolls of Broward County, unless the enforcement officer has actual knowledge of a subsequent property owner. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

NOTICE IS HEREBY PROVIDED TO

(Property owner)

(Property owner mailing address)

THAT THE FOLLOWING DESCRIBED PROPERTY IS IN VIOLATION OF CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," FOR THE REASONS SPECIFIED:

YOU ARE HEREBY REQUIRED TO BRING THE PROPERTY INTO COMPLIANCE WITH ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," WITHIN ______ (__) DAYS AFTER THE DATE OF THIS NOTICE OR THE ______ DAY OF _____________, ___. TO BRING THE PROPERTY INTO COMPLIANCE, YOU ARE REQUIRED TO: (Explanation of work required to correct the violation) _____

_____

_____

_____

FAILURE TO CORRECT THE VIOLATION AND CALL FOR A REINSPECTION WITHIN THE TIME SPECIFIED MAY RESULT IN BROWARD COUNTY CORRECTING THE VIOLATION OR CAUSING IT TO BE CORRECTED AND ASSESSING THE PROPERTY OWNER FOR THE COSTS AND EXPENSES OF THE REPAIRS THROUGH THE IMPOSITION OF A LIEN AGAINST YOUR PROPERTY.

IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CALL ____________ AT (954) ______________, URBAN PLANNING DIVISION.

Notice provided by Code Enforcement Officer

Print Name:

Date:

(e)

Trees Near Utilities. Whenever a code enforcement officer ascertains that a tree is not planted in compliance with this article, the officer shall provide notice to the owner of the real property upon which the tree is located, as determined in accordance with the tax rolls of Broward County, unless the enforcement officer has actual knowledge of a subsequent property owner.

(f)

Notwithstanding the foregoing, if a repeat violation is found, the code enforcement officer is not required to give the violator a reasonable time to correct the violation. If the code enforcement officer has reason to believe that a violation or condition causing the violation presents a serious threat to the health, safety, and welfare or is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately request a hearing before the hearing officer.

(g)

Notice, as provided in this section, shall be in accordance with the notice procedures specified in Chapter 162, Florida Statutes, as incorporated by Chapter 8½, Article I, of the Code. In addition to notice as provided by subsections (a) through (d), notice may be provided by posting. Such notice, if provided, shall be posted for at least ten (10) days in at least two (2) locations, one (1) of which shall be the property upon which the violation is alleged to exist and the other shall be at the front door of the courthouse or the main governmental center of Broward County. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. Notice by posting may run concurrently with, or may follow, an attempt or attempts to provide notice by mail.

(Ord. No. 1999-45, § 2, 8-24-99; Ord. No. 2005-17, § 9, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2016-30, § 3, 10-25-16; Ord. No. 2018-22, § 7, 5-8-18; Ord. No. 2019-20, § 4, 6-4-19; Ord. No. 2022-22, § 18, 5-11-22)

(a)

Abatement of violations relating to land clearance. If the land-clearing violation is not corrected following notice as set forth in Section 39-134(a) of this Code, Broward County may correct the violation by clearing the property or causing it to be cleared, removing or causing the removal of litter, debris, garbage, overgrown groundcover or hedges, or junk items, or conducting such other activity necessary to bring the property into compliance with this article. Broward County shall send notice by mail to the responsible party specifying the costs of removal, administrative costs, including the cost of prosecution, and requesting payment within thirty (30) days after the mailing.

(b)

Abatement of violations relating to unsecured buildings and unmaintained buildings and structures. Any building or structure violation which is not brought into compliance with this article within the timeframe for correction provided in the notice shall be enforced pursuant to the provisions contained in Chapter 162, Florida Statutes, as incorporated in Chapter 8½ of the Broward County Code of Ordinances. If authorized pursuant to Section 162.09, Florida Statutes, Broward County may make all reasonable repairs to bring the property into compliance and charge the property owner for the reasonable cost of the repairs. Abatement or repairs made do not create a continuing obligation on the part of Broward County to make further repairs or to maintain the property, and do not create any liability against Broward County for any damages to the property if such abatement or repairs were completed in good faith.

(Ord. No. 1999-45, § 5, 8-24-99; Ord. No. 2016-30, § 3, 10-25-16)

(a)

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

(b)

Pre-taking hearings for junk vehicles, vessels, and derelict aircraft. If a contest has been filed with the Division to any notice of violation issued pursuant to the requirements of Section 39-134, at the next available hearing, the hearing officer shall conduct a pre-taking hearing and make a determination as to whether junk property is in violation of the provisions of this article. The hearing officer shall receive evidence and testimony from the person(s) contesting the charge, if present, or such person's(s') authorized representative; from anyone claiming an interest in the junk property; from any witness(es) the owner(s) of the junk property wishes to present; from any witness(es) presented by Broward County; and from those members of the public the hearing officer determines have relevant evidence or testimony. Hearsay evidence shall be admissible to support other testimony but shall not be sufficient alone to support a finding. Sworn testimony shall be given greater weight than unsworn testimony. Following a hearing, the hearing officer shall make findings of fact and conclusions of law determining whether the junk property cited with a notice of violation is in violation of the provisions of this article. In addition, the hearing officer shall prescribe a date by which the junk property must be removed or properly stored by the property owner. The date shall be at least five (5) business days after the hearing. If the junk property is not removed or properly stored by the date set by the hearing officer, Broward County may remove and destroy the junk property. If the junk property is on airport property, the item(s) shall be disposed of pursuant to Sections 705.182 through 705.184, Florida Statutes.

(c)

Any person who intends to appeal a decision of the hearing officer relating to a junk property shall file a notice with the Director of the Division no later than two (2) business days prior to the date set by the hearing officer for removal of the junk property. Such notice shall advise the Division that an appeal will be filed and that the junk property should not be removed. If such notice is received, the Division shall not authorize the removal of such junk property until a determination is made whether an appeal has been filed in a timely manner. If an appeal has not been filed within the time prescribed, the junk property may be removed immediately, or following the date set by the hearing officer for removal, whichever is later. If an appeal has been filed, the junk property shall not be removed until after the appeal is decided unless removal is authorized by the court.

(d)

Any appeal to the final decision of the hearing officer shall be to the Circuit Court of the Seventeenth Judicial Circuit within thirty (30) days after rendition of the decision, as provided by the Florida Rules of Appellate Procedure.

(Ord. No. 1999-45, § 10, 8-24-99; Ord. No. 2005-17, § 9, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2016-30, § 3, 10-25-16; Ord. No. 2020-31, § 8, 9-10-20)

(a)

Private property. If the junk property removed by Broward County pursuant to this article is a boat or motor vehicle located on private property, the last registered owner of the boat or motor vehicle and/or the owner of the property on which the boat or motor vehicle is located shall have the obligation to pay the costs of removal, including an administrative fee, which shall be set by the Board of County Commissioners to offset the costs of administering and enforcing this article. If the junk property is other than a boat or motor vehicle and is located on private property, the owner of the property upon which the item is located shall be responsible for the costs of removal.

(b)

Airport property. If the junk property removed by Broward County pursuant to this article is a boat, motor vehicle or derelict aircraft located on airport property, Broward County shall be entitled to recover its costs of storage, transportation, and publication of notice from any moneys realized from the sale of the item. Any moneys remaining after recovery of Broward County's costs shall, unless another use is required by federal law, be deposited in the state school fund. If the moneys realized from the sale of the item are insufficient to reimburse Broward County for its costs of storage, transportation, and publication of notice, the last registered owner of the boat, motor vehicle or aircraft shall be responsible for the costs.

(c)

Broward County shall send notice by mail to the responsible party specifying the costs of removal, administrative costs, including the cost of prosecution, and requesting payment within thirty (30) days after the mailing of the notice. If payment is not made, Broward County may assess the actual costs of removal, including administrative fees, as a lien against the real and personal property of the responsible party and may also seek recovery of its costs by appropriate civil action or as provided by law.

(Ord. No. 1999-45, § 11, 8-24-99; Ord. No. 2016-30, § 3, 10-25-16)

(a)

If any owner whose property has been cleared by Broward County fails to pay the bill sent pursuant to Section 39-135(a) within thirty (30) days after the mailing, the Board of County Commissioners may, by resolution, levy a lien on behalf of Broward County against the property for costs of clearance, together with interest thereon from the date such costs became due at the maximum rate allowed by law, plus all costs related to assessment and recording of the lien as provided by resolution of the Board. The Board may levy the total costs incurred or any mitigated or reduced amount recommended by the Director of the Urban Planning Division, or the Director's designee, at the conclusion of the pre-assessment hearing specified in subsection (c) or may levy any amount less than the total costs which the Board finds appropriate and equitable.

(b)

Notice. At least fifteen (15) days before the Board of County Commissioners shall consider levying the costs and recording a land clearance lien, notice of the date and place when such consideration will be made shall be published in a newspaper of general circulation in the County and shall also be sent by certified mail, return receipt requested, to the property owner as shown on the current tax roll of Broward County, unless the code enforcement officer has actual knowledge of a subsequent property owner. Evidence that notice has been mailed as provided in this section, together with proof of publication, shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the property owner actually received such notice.

Both notices shall contain the following:

(1)

A statement that, prior to the date set for the hearing before the Board of County Commissioners, the property owner or his, her, or its authorized representative (hereinafter collectively referred to as "property owner") may contest any of the costs, fees, or expenses described in the notice at an informal hearing before the Urban Planning Division;

(2)

The name, address, and telephone number of a Broward County employee to contact to request an informal hearing as specified in subsection (c);

(3)

A statement that the informal hearing will be held at a time and place to be set by the Urban Planning Division;

(4)

A statement that the property owner, or his, her, or its authorized agent or representative should bring any witnesses, pictures, records, receipts, or other documentation to the informal hearing which the property owner feels are relevant to the violation;

(5)

A statement that, in lieu of attending the informal hearing, the property owner may submit written documentation pertaining to the violation to the Urban Planning Division Director for consideration at the informal hearing; and

(6)

A statement that the property owner shall have the right to appear at the hearing before the Board of County Commissioners to discuss the violation regardless of whether or not the property owner requests or participates in an informal hearing procedure.

(c)

At the informal pre-assessment hearing, the Director of the Urban Planning Division may consider the statements of the property owner and other persons with personal knowledge pertaining to the violation, and any documentation or information submitted which pertains to the violation.

(d)

At the conclusion of the informal hearing, based on the amount of costs and administrative fees incurred by the County in clearing the property, and any statements and documentation presented at the informal hearing, the Director may recommend to the County Administrator the settlement, adjustment, or other compromise of the violation pursuant to the provisions of subsection (f) below.

(e)

Nothing contained herein shall prohibit Broward County from seeking recovery of its costs by appropriate civil action or as provided by law.

(f)

Notwithstanding any provisions of the Broward County Code of Ordinances and the Broward County Administrative Code to the contrary, any powers conferred upon the Board of County Commissioners to execute satisfactions and releases or otherwise settle or mitigate land clearance liens pursuant to this article is hereby delegated to the County Administrator. The County Administrator shall provide a quarterly report to the Board of County Commissioners of the satisfactions and releases executed and recorded during the prior calendar year quarter.

(Ord. No. 1999-45, §§ 6, 7, 8-24-99; Ord. No. 2002-05, § 1, 2-12-02; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2016-30, § 3, 10-25-16; Ord. No. 2017-28, § 1, 9-14-17; Ord. No. 2022-22, § 18, 5-11-22)

(a)

The intent of this section is to prohibit property owners from planting trees an unsafe distance from power lines in order to minimize damage to power lines.

(b)

Any tree planted within unincorporated Broward County after the effective date of this ordinance shall be planted in conformity with the Right Tree, Right Place Guidelines. Upon receipt of a notice of violation, the property owner shall have sixty (60) days to remedy the violation by removal of the offending tree, following those procedures outlined in Chapter 27, Article XIV, of the Code.

(c)

A property owner within a homeowners' association, as defined in Section 720.301, Florida Statutes, or a unit owner of a condominium association, as defined in Section 718.103, Florida Statutes, shall not be deemed to have violated any part of this section where compliance would conflict with the Declaration of Restrictive Covenants, by-laws, or regulations of the homeowners' association or condominium association or where the homeowners' association or condominium association has undertaken to plant trees and other plant growth. The code enforcement officer or hearing officer, as applicable, shall dismiss any notice of violation upon the showing of said conflict. Where the homeowners' association or condominium association has undertaken to plant trees and other plant growth, the homeowners' association or condominium association, as applicable, shall be deemed the responsible party for purposes of compliance with this section.

(d)

Unless otherwise specified in this section, property owners subject to an enforcement action shall receive a notice of violation in accordance with Section 39-134 prior to any action being taken against them and may appeal the decision pursuant to Chapter 8½ of the Code prior to the time limit to remedy the violation.

(e)

Any person who violates the requirements set forth in this section shall be subject to fines as set forth in Section 8½-16(a) of the Code. Each incident involving each tree shall be considered a separate violation of this article.

(Ord. No. 2018-22, § 8, 5-8-18; Ord. No. 2019-20, § 5, 6-4-19)

Editor's note— Ord. No. 2019-20, § 5, adopted June 4, 2019, amended the title of § 39-138.1 to read as herein set out. The former § 39-138.1 pertained to tree maintenance near utilities.