This article shall be known as the Abandoned/Vacant Real Property Registration and Certification Program. This article shall be considered cumulative and not superseding or subject to any other law or provision for same, but rather be an additional remedy available to the County above and beyond any other State, County, and/or local provision for same.

(Ord. No. 2009-80, § 2, 12-8-09)

It is the purpose and intent of the Broward County Board of County Commissioners to establish a process to address abandoned and vacant residential real property located within the unincorporated areas of Broward County. It is the County/s further intent to specifically establish the Abandoned/Vacant Real Property Registration and Certification Program as a mechanism to protect unincorporated residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned and vacant properties.

(Ord. No. 2009-80, § 2, 12-8-09)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

Abandoned real property shall mean any property that is vacant and is under a current Notice of Default and/or Notice of Mortgagee's Sale by the lender or a pending Tax Assessor Lien Sale. Also included are properties that have been the subject of a foreclosure sale when the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.

(b)

Accessible shall mean a property, structure, or building that is unsecured and/or breached in such a way as to allow access by trespassers, criminals, or other unauthorized persons.

(c)

Code enforcement officer shall mean any code inspector, code enforcement officer, law enforcement officer, building official, building inspector, fire inspector, zoning inspector, or other person authorized by the Division Director, and who is employed by Broward County.

(d)

Division shall mean the Broward County Urban Planning Division, or any successor agency.

(e)

Evidence of vacancy shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation; stagnant and unsanitary pool water; nonfunctioning electric, water, and/or gas utilities; accumulation of abandoned real and/or personal property; statements by neighbors, passers-by, delivery agents, or government agents; or any other evidence that the property is vacant.

(f)

Foreclosure shall mean the process by which a property, placed as security for a real estate loan, is sold at a public sale to satisfy the debt upon a default by the borrower.

(g)

Mortgagee shall mean the creditor, including, but not limited to, service companies, lenders in a mortgage agreement, and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests, or obligations under the mortgage agreement. For the purposes of this article, real estate brokers and agents, solely marketing and/or selling real property on behalf of a mortgagee, shall not be considered an agent, servant, or employee of the mortgagee.

(h)

Nuisance shall mean any condition, including, but not limited to, an abandoned, unsafe, unsecured residence, building, structure, or real property with code violations that constitute a menace to life, property, public health, or the public welfare, or create a fire hazard; any conditions which may be injurious to the health, safety, and welfare of the public; or any conditions that constitute an attractive nuisance or otherwise endanger the public's safety while in the vicinity thereof.

(i)

Owner shall mean any person, persons, or entity having legal or equitable title, or any real or contingent interests in any real property; being shown to be the property owner in the records of the Broward County Property Appraiser's Office; being identified on the abandoned/vacant real property registration form pursuant to this article; or being a mortgagee in possession of real property. Any such person, persons, or entity shall have joint and several obligations for compliance with the provisions of this article.

(j)

Property management company shall mean a local property manager, property maintenance company, or similar person or entity responsible for the maintenance and security of abandoned real property.

(k)

Vacant shall mean any building or structure that is not legally occupied.

(Ord. No. 2009-80, § 2, 12-8-09; Ord. No. 2018-15, § 1, 4-10-18; Ord. No. 2022-22, § 18, 5-11-22)

All abandoned and vacant real property, which is unmaintained or unsecured, is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, safety, and welfare of the residents of Broward County.

(Ord. No. 2009-80, § 2, 12-8-09)

(a)

Upon default by the mortgagor, any mortgagee holding a mortgage on residential real property located within the unincorporated areas of Broward County shall perform an inspection of the property that is the security for the mortgage prior to the issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten (10) days of the inspection, register the property with the Division on forms provided by the Division.

(b)

If the property is occupied but remains in default, it shall be inspected by the mortgagee, or designee, monthly until: (1) the mortgagor or other party remedies the default; or (2) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned and the mortgagee shall, within ten (10) days of the inspection, register the property with the Division on forms provided by the Division.

(c)

Registration pursuant to this article shall contain the name of the mortgagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of the mortgagee, a facsimile number and/or email address for the mortgagee, and, in the case of a corporation or out-of-area mortgagee, the local property management company responsible for the maintenance and security of the property.

(d)

A nonrefundable annual registration fee in the amount of One Hundred Fifty Dollars ($150) per property shall accompany the registration form(s) pursuant to this article. The annual registration fee shall correspond to the fiscal year of the County and the renewal of the registration, along with the payment of the annual fee, shall be completed prior to October 1st of any year. The renewal of the registration, with its accompanying fee, shall be the responsibility of the mortgagee and a failure to do so in a timely manner shall subject the mortgagee to code enforcement action pursuant to Chapter 8½ of the Broward County Code of Ordinances.

(e)

The provisions of this article shall also apply to properties that have been the subject of foreclosure sale, where the title was transferred to the mortgagee/beneficiary of a mortgage involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure/sale.

(f)

Properties subject to the provisions of this article shall remain under the annual registration requirement, maintenance requirements, and security requirements of this article as long as the property remains vacant.

(g)

Any person, persons, or entity that has registered a property under this article must report to the Division any change of required information contained in the registration form(s) within ten (10) days of the change.

(Ord. No. 2009-80, § 2, 12-8-09)

(a)

Properties subject to the provisions of this article shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, State, or local law, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed materials, or any other items that give the appearance that the property is abandoned.

(b)

The property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.

(c)

Front, side, and rear yard landscaping shall be maintained in accordance with the County's regulations and standards at the time registration was required. Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges, or similar plantings, decorative rock, bark, or artificial turf/sod designed specifically for residential installation. Landscape shall not include weeds, gravel, broken concrete, asphalt, or similar material. Maintenance shall include, but not be limited to, watering, irrigation, cutting, pruning, and mowing of required landscape and removal of all landscape trimmings, garbage, debris, and other derelict property or material found on the property.

(d)

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. Pools and spas shall comply with the enclosure requirements of the Broward County Code of Ordinances and the Florida Building Code, as they may be amended from time to time.

(e)

In the event that the National Weather Service, National Hurricane Center, or other appropriate weather agency declares a hurricane warning for any portion of Broward County, all materials, furnishings, and equipment at the property shall be secured, stored, or removed so as to not create a safety hazard due to hurricane force winds.

(Ord. No. 2009-80, § 2, 12-8-09)

(a)

Properties subject to the provisions of this article shall be maintained in a secure manner so as to not be accessible to unauthorized persons.

(b)

A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates, and any other openings of such size that may allow a child to access the interior of the property and/or structure. Broken windows shall be secured by replacement, reglazing, or boarding of the windows so as to meet all applicable laws, codes, and regulations.

(c)

If the owner of the property is a corporation, partnership, and/or out-of-area mortgagee, a local property management company shall be contracted by the owner to perform bi-weekly inspections to verify compliance with the requirements of this article, and any other applicable laws.

(d)

Properties subject to the provisions of this article shall be posted with the name, address, and 24-hour contact phone number of the local property management company. The posted sign shall be no less than eighteen (18) inches by twenty-four (24) inches, and shall be of a font that is legible from a distance of forty-five (45) feet. The posting shall contain, along with the name, address, and 24-hour contact phone number, the language "THIS PROPERTY IS MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS" with the applicable contact information. All written information thereupon shall be clear, legible, and updated as required.

The posted sign shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street; secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street; or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visual from the street to the front of the property. Exterior postings shall be constructed of and printed with weather-resistant materials.

(e)

The local property management company shall inspect the property on a bi-weekly basis to ensure that the property is in compliance with this article and shall keep a log of the inspection results. Upon request of the Division, the local property management company shall provide a copy of the inspection log to the Division.

(Ord. No. 2009-80, § 2, 12-8-09)

It is the responsibility of the owner to maintain the owner's property in accordance with the provisions of this article. A mortgagee of any mortgage agreement which exists on abandoned real property that is in violation of this article shall be a responsible party for compliance with this section upon the filing of a lis pendens and/or action, the purpose of which is to foreclose upon the mortgage or similar instrument that secures debt upon the residential real property. The mortgagee's responsibility for compliance with the provisions of this article shall only be effective during periods of time that the residential unit shall be vacant and in foreclosure. The responsibility of the mortgagee shall remain until such time as the subject real property is sold or transferred to a new owner, or the foreclosure action described herein is dismissed.

(Ord. No. 2009-80, § 2, 12-8-09)

(a)

The person or entity listed upon a Certificate of Title issued pursuant to Chapter 45, Florida Statutes, or under a deed in lieu of foreclosure/sale, as the purchaser of a single family residence, condominium unit, townhouse, or duplex located in the unincorporated areas of Broward County shall obtain a Certificate of Foreclosure Inspection from the Division prior to offering said property for sale, transfer, or other alienation. The Certificate of Foreclosure Inspection required by this section shall be for the purpose of determining whether the property in question appears to comply with the property maintenance codes applicable to the property and to provide a disclosure of those findings.

(b)

The Division Director, or designee, shall require a cursory visual inspection of the property by a code enforcement officer and subsequently record the inspection report in the public records of Broward County. The scope of the inspection required pursuant to this section shall be limited to property maintenance issues and shall not include building code or zoning code matters.

(c)

In addition to the results of the cursory visual inspection of the property, the inspection report shall indicate whether the property has any outstanding County liens and/or special assessments encumbering the property and also identify any outstanding building permits.

(d)

The Division Director, or designee, shall prescribe the form of the inspection report and disclosure to ensure compliance with the intent of this section.

(e)

Upon receipt of the payment of a reasonable fee for the required inspection pursuant to this section and the recording of the inspection report, the Division Director, or designee, shall issue a Certificate of Foreclosure Inspection. The fee for such inspection shall be as set forth in the Division's approved schedule of fees.

(f)

The Division Director, or designee, shall refer any property maintenance violations disclosed in the inspection report to the proper County department(s) for enforcement action.

(Ord. No. 2009-80, § 2, 12-8-09)

Whoever opposes, obstructs, or resists any code enforcement officer in the discharge of duties, as authorized in this article, commits a County ordinance violation pursuant to Section 125.69, Florida Statutes, as amended, and shall be prosecuted in the same manner as misdemeanors are prosecuted.

(Ord. No. 2009-80, § 2, 12-8-09)

Any code enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this article.

(Ord. No. 2009-80, § 2, 12-8-09)

In addition to the enforcement remedies provided in the Broward County Code of Ordinances, the Division Director, or designee, shall have those additional powers authorized pursuant to local, State, or federal law to require the owner of any real property subject to the provisions of this article to implement additional maintenance and/or security measures including, but not limited to, securing any and all door, window, or other openings, employment of an on-site security guard, or other measures as may be reasonably required to help prevent a decline of the property and hazards to the community.

(Ord. No. 2009-80, § 2, 12-8-09)

The County Administrator, or designee, is authorized and empowered to adopt rules and regulations as may be reasonably necessary and available to carry out the terms of this article.

(Ord. No. 2009-80, § 2, 12-8-09)

(a)

Failure to comply with the requirements of this article shall be deemed a County ordinance violation and the issuance of a citation or notice to appear by a code enforcement officer shall occur, in accordance with the provisions of Chapter 8&half of the Broward County Code of Ordinances. In addition to the penalties provided in Chapter 8½ of the Broward County Code of Ordinances, violations of this article shall be considered violations of a County ordinance pursuant to Section 125.69, Florida Statutes, as amended, and shall be prosecuted in the same manner as misdemeanors are prosecuted.

(b)

Pursuant to Chapter 162, Florida Statutes, as amended, upon a finding and determination by the hearing officer, or adjudication by the County Court, the County may take the appropriate and necessary corrective action to ensure compliance with this article. In the event that the County takes such corrective action, the County is entitled to recover all such costs and expenses, including reasonable attorney's fees, accrued thereby, and such costs and expenses shall be recorded as a lien in favor of the County against the applicable real property. A certified copy of an order imposing a civil penalty shall be recorded in the public records of Broward County and thereafter shall constitute a lien against the real and personal property of the violator. The lien hereby assessed shall be superior to all other liens and mortgages, except for tax liens and mortgages recorded prior to the effective date of this ordinance. After three (3) months from the filing of any such lien which remains unpaid, the County may foreclose or otherwise execute on the lien.

(c)

In addition to the provisions above, the Board of County Commissioners may authorize the County to take appropriate legal action to enforce the requirements of this article.

(Ord. No. 2009-80, § 2, 12-8-09)