The title of this chapter shall be "The Minimum Property Maintenance and Occupancy Code for the City of Hallandale Beach, Florida."

(Code 1980, § 14-1)

(a)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. In construing the provisions of this chapter, where the context will permit and no definition is provided in this section, the definitions provided in chapter 4 of the Florida Building Code with Broward County Administrative Provisions shall apply.

Abandoned building or structure means a building or structure which is not maintained or used to such an extent as to evidence a voluntary relinquishment of the possession of the building or structure by the owner, with the intention of relinquishing ownership and with no expectation or intention of recovering the building or structure.

Accessory structure means a structure the use of which is incidental to that of the main building and which is attached to or located on the same premises as the main building.

Alteration means any change, addition or modification in construction or occupancy.

Approval means approved by the head of the enforcement agency or his authorized representative. (See also "Other standards.")

Basement means that portion of a building having less than half of its clear floor-to-ceiling height below the average finished grade of the grade of the ground adjoining the building and its ceiling not more than six feet above the grade.

Blighting influence means any physical condition of property which due to poor maintenance directly or indirectly causes a reduction in the value of surrounding properties.

Brush means any accumulation of the following, but not limited to, grass clippings, hedge and tree trimmings, palm fronds, leaf rakings, and other such debris resulting from the maintenance of lawns and yards.

Building means a combination of materials to form a construction adapted to permanent or continuous occupancy for use for public, institutional, residential, business, industrial or storage purposes.

Building code means the Florida Building Code with Broward County Administrative Provisions, as amended from time to time.

Cellar means that portion of a building having half or more than half of its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building.

Cooking facilities means any equipment, machinery or appliances used in the preparation of food.

Deterioration means the condition or appearance of a building, or parts of a building, characterized by holes, breaks, rotting, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.

Dilapidated means in a condition of structural disrepair or deterioration to the extent requiring rehabilitation, reconstruction or demolition.

Disrepair means in a deteriorated or dilapidated state.

Dwelling means any building or mobile home which is wholly or partly used or intended to be used for living, sleeping, cooking and eating; however, temporary housing shall not be regarded as a dwelling.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities used or intended to be used for living, sleeping, cooking and eating.

Electrical means all work, materials and/or system of electrical wiring for use of light, heat or power, and all connected appurtenances, apparatus or equipment, inside of or attached to any building or structure, lot or premises.

Enforcing agency means the city.

Enforcing officer means any employee of the enforcing agency charged with the responsibility of making inspections of buildings and premises and issuing violation notices when necessary. The term shall be synonymous with inspecting officer.

Evidence of vacancy means 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 are not limited to, overgrown and/or dead vegetation, stagnant and unsanitary pool water; nonfunctioning electric, water or gas utilities; the accumulation of abandoned personal property; statements by neighbors, passers-by, delivery agents, or government agency; or any other evidence that the property is vacant.

Extermination means the control of insects, rodents, vermin and/or other pests by destroying their harborage places; by removing or making inaccessible those materials that may serve as their food; by poisoning, spraying, fumigating and trapping; or by any other recognized and legal means.

Fire hazard means anything or any act which violates the prevailing fire codes of the city.

Foreclosure means the process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults.

Garbage/rubbish means the animal and/or vegetable waste resulting from the handling, preparation, cooking and/or consumption of food, and wastepaper, plastic or related materials used in the packaging and preparation of foods. All combustible and noncombustible waste materials, including but not limited to nonoperating toys, bicycles, mechanical equipment and machines or parts thereof. The term shall include residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, metal cans, metal, mineral matter, glass and crockery.

Good state of repair means that a building or structure is safe and habitable for its ordinary and intended use, and that the materials used in any structure or fixture are sound and stable and performing the function for which intended.

Good working condition means that the item is fully operable and functional for the use for which it is intended.

Habitable area means two or more habitable rooms.

Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets and storage spaces.

Head of enforcement agency means the minimum housing enforcement officer designated by the city manager.

Hotel means any dwelling or commercial building, or any part of any dwelling or commercial building, containing one or more hotel units in which space is let by the owner or operator on a predominantly temporary basis to three or more persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator. Motels and buildings offering dormitory-type sleeping accommodations shall be included in this category.

Hotel unit means any room or group of hotel rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Motel units and dormitory-type sleeping accommodations shall be included in this category.

Infestation means the presence of any insects, rodents, vermin or other pests.

Inspecting officer is synonymous with the term "Enforcing officer."

Maintenance means the upkeep of a structure, property or building in a safe condition and equipment in working order.

Mobile home means a manufactured, detached, transportable, single-family dwelling unit, designed for longterm occupancy and arriving at the site where it is to be occupied as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical connection provided for attachment to approved utility systems. To retain mobility, undercarriage and axles must remain attached to the unit.

Multiple dwelling means any structure containing two or more dwelling units.

Nuisance means everything that endangers life or health, or obstructs reasonable use of any property or any condition prohibited by general, special or local laws.

Occupant means any person having possession of a dwelling, dwelling unit, hotel unit, or rooming unit or a commercial structure.

Operator means any person who has charge, care or control of a building or structure.

Other standards, reference to, means any reference in this chapter to the term "approved," "adequate," "adequately," "properly installed," "properly connected" or "properly constructed" shall have reference to those standards set out in the South Florida Building Code, the rules of the state division of health, and any other enactment of law applicable to the structure or particular portion or system of the structure under inspection by the enforcing agency.

Owner means any person who individually or jointly holds the legal equitable or beneficial title to any building or structure subject to the provisions of this chapter. The term shall include the owner's duly authorized agent, a purchaser, devicee, fiduciary, property holder, operator or any other person having a vested or contingent interest, or, in the case of leased premises, the legal holder of the lease, or his legal representative. It is intended that this term shall be construed to include any person responsible for the construction, maintenance and operation of a building, facilities or premises involved.

Part of building, etc. Whenever the terms "dwelling," "dwelling unit," "hotel," "hotel unit," "roominghouse," "rooming unit" and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

Plumbing includes all the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closet, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machine, catchbasins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines, and water pipes and lines utilized in connection with air conditioning equipment.

Premises means any occupied or unoccupied building, accessory structure, lot or parcel of land.

Repair means the replacement or renewal of existing work with the same kind of material, or similar, not including additions or new work, for the purpose of maintenance of such building, structure, device or equipment.

Replace means to put something new or in working condition in place of worn, deteriorated or broken material, devices or equipment and to restore it to its former condition.

Rooming unit means any room or group of rooms, forming a single habitable unit, used or intended to be used for living and sleeping but not for cooking or eating purposes.

Roominghouse means any dwelling containing one or more rooming units in which space is let by the owner or operator on a permanent basis to three or more persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator. For the purpose of this chapter, boardinghouses are included in this category.

Rubbish means all combustible and noncombustible waste materials, except garbage. The term shall include residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass and crockery.

Structurally sound means free of imperfections which affect the intended use of the structure so as not to endanger the health, safety and welfare of the occupants or neighbors.

Structure means anything constructed, installed or portable, or any piece of work artificially built up or composed of parts joined together in some definite manner, the use of which requires a more or less permanent location on a parcel of land or which is attached to something having a permanent location on a parcel of land. The term "structure" also includes all buildings, dwellings, fences or walls, swimming pools, and advertising signs.

Supplied means paid for, furnished, or provided by or under control of the owner or operator.

Temporary housing means any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not permanently attached to the ground, to another structure, or to any utilities system on the same premises for more than the time period as approved by the city manager.

Vacant means a structure that is unoccupied and is not actively used as a place of residence or business. Actively used shall not include occupancy or use by persons with no legal authority to be present on the property.

Vegetation means all natural growth upon a lot or parcel of ground, including grass, weeds, trees, vines, bushes, underbrush and the waste material arising therefrom.

Watertight means of such tight construction or fit as to be impermeable to water except when under sufficient pressure to produce structural discontinuity.

Weathertight means the same as "watertight."

(b)

The definitions specified in subsection (a) of this section do not supersede or change the definitions in any other chapters of the city ordinances. These definitions are only for the clarification and enforcement of this chapter but may be applied in enforcing this Code in the event of ambiguity or absence of definition.

(Code 1980, § 14-2; Ord. No. 2001-3, § 1, 3-20-2001; Ord. No. 2018-001, § 2, 1-31-2018)

Cross reference— Definitions generally, § 1-2.

(a)

The intent and purpose of this chapter is to protect the public health, safety, morals and welfare of the city by:

(1)

Establishing minimum standards governing the condition, occupancy and maintenance of vacant and occupied residential and nonresidential buildings, structures and premises;

(2)

Establishing minimum standards governing utilities, facilities and other physical components and conditions essential to make such buildings, structures and premises safe, sanitary and fit for human habitation;

(3)

Fixing certain responsibilities and duties of owners, operators, agents and occupants of such buildings, structures and premises;

(4)

Authorizing and establishing procedures for the inspection of vacant and occupied residential and nonresidential buildings, structures and premises and the condemnation and vacation of those residential and nonresidential buildings, structures and premises unfit for human habitation or occupancy; and

(5)

Prohibiting human habitation in vacant buildings and structures found unsafe and ordered secured.

(b)

The standards, provisions and requirements contained in this chapter are deemed to further the goals, objectives and policies contained in the city's comprehensive plan. It is the intent of the city to remove those conditions which contribute to being a nuisance; adversely affect the health, safety and welfare of both the residents and business community of the city; depress and reduce property values; and contribute to the decline and deterioration of neighborhoods and business districts.

(c)

It is also the intent of the city that the maximum possible number of safe, adequate and affordable housing units and nonresidential structures in the city are kept available by encouraging and requiring that vacant units be reconditioned and made fit for occupancy rather than permitting them to be abandoned or neglected, thereby removing them from the housing market and commercial real estate market.

(d)

It is also the intent of this chapter to establish minimum standards which shall govern upkeep, maintenance, rehabilitation, repair or improvement of all buildings and structures within the city limits. Standards shall regulate, govern and be binding on the owner/occupant to ensure that minimum maintenance of both structures and premises shall be met. Such maintenance standards shall apply to the exterior and interior of all structures.

(e)

This chapter is declared to be remedial and essential to the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes as stated in this section.

(Code 1980, § 14-3)

The provisions of this chapter shall be applicable solely within the territorial limits of the city. Every portion of a building or premises, whether vacant or occupied, except temporary housing in times of local emergency, disaster or necessity, shall comply with the provisions of this chapter, irrespective of when such building shall have been constructed, altered or repaired and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building, or for the installation or repair of equipment or facilities, prior to the effective date of this chapter. This chapter is intended and shall be construed as establishing minimum standards for the initial and continued occupancy of all buildings and structures, as establishing minimum standards for the maintenance and appearance of all structures, whether occupied or vacant, and as establishing minimum interior and exterior standards for the maintenance of all residential and nonresidential structures in the city. It is not intended to replace, modify, supersede or diminish the standards established for the construction, repair, alteration or use of buildings, equipment or facilities by the building code. In any case where any provision of this chapter as to building construction or repair is found to be in conflict with a material and controlling provision of the building code, such code shall prevail. In all other respects, in any conflict with other ordinances or regulations, the highest standard shall prevail. All municipal departments, officials and employees who have the duty, responsibility or authority to issue permits or licenses in regard to the use and occupancy of buildings and structures, dwellings, dwelling units, roominghouses or rooming units, or similar facilities shall conform to the provisions of this chapter, as a minimum standard.

(Code 1980, § 14-4)

General requirements for all residential and nonresidential properties shall be as set out in sections 14-6—14-11.

(Code 1980, § 14-5)

No person shall occupy, or let to another for occupancy, any residential or nonresidential property which does not comply with the following requirements:

(1)

Foundations, floors, walls, ceilings, roofs, windows, doors and all other building parts shall be structurally sound, weatherproof, watertight and rodentproof, and shall be kept in a good state of repair. 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 taken to prevent breeding of mosquitoes and other similar insects.

(2)

Gutters and downspouts, where in existence, shall be kept clear of debris and be maintained in a good state of repair and working condition.

(3)

Every inside and outside stairway, porch, balcony, hallway, corridor and every appurtenance to such places shall be maintained in a safe condition and be capable of supporting the loads set forth in the building code and regulations of the city which were in effect at the time of certificate of occupancy. Protecting guardrails and safeguards shall be required on any unenclosed structure over two feet from the ground level and on every interior or exterior stair or stairwell of four or more risers and shall be located in accordance with requirements of the building code which was in effect at the time of certificate of occupancy. Where steps are located adjacent to a doorway, they shall be at least the width of the doorway.

(4)

Every chimney and smoke pipe, and all their flue and vent attachments, shall be maintained in such condition that there will be no leakage or backing up of smoke and noxious gases into the structure.

(5)

Every plumbing fixture, water pipe, waste pipe, drain and gas pipe shall be maintained in good, sanitary working condition, free of leaks and obstructions.

(6)

All electrical wiring and accessories shall be maintained in good, safe working condition and be adequately insulated and protected. No wiring, outlets or connections shall be left exposed so as to create a hazardous condition.

(7)

Every accessory structure shall be kept in a clean and sanitary condition, free from rodents, vermin and infestations. Fences, garden walls, sheds and similar enclosures shall be maintained in a good state of repair.

(8)

Meter rooms shall be clear of any debris and shall not be used for storage. If the meter room is locked and no on-site manager is available, a sign shall be posted indicating where the key to the meter room is kept.

(9)

All elevators shall be maintained in a safe condition as required by F.S. ch. 399.

(10)

The floor surface of every water closet compartment, bathroom and shower room shall be maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(Code 1980, § 14-5.1)

No person shall occupy, or let to another for occupancy, any residential or nonresidential property which does not comply with the following requirements:

(1)

Every structure unit shall contain a room which affords privacy to a person within that room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to an approved water system and sewer system.

(2)

All structures shall have a fuse or circuit breaker panel board readily accessible to the occupants of the structure.

(3)

Every supplied facility, piece of equipment or utility required in this chapter shall be maintained in a safe and satisfactory working condition. No owner or occupant shall cause any service, facility, equipment or utility required in this chapter to be removed from or discontinued for any occupied structure except for such temporary interruption as may be necessary while actual repairs, replacement or alterations are in process.

(4)

All structures shall have permanently affixed address numbers on the front of the structure which shall be clearly visible from the street. Where a street and/or alley is located in the front and rear of a structure, address numbers shall be affixed on both the front and rear of the structure. Additional numbers may be affixed on a mailbox.

(5)

All structures shall be equipped with either a mailbox affixed to the front of the structure, a mailbox mounted on a post in the front yard, a mail slot installed in the front door or cluster mailboxes. All mailboxes shall be maintained in good repair, free from damage.

(Code 1980, § 14-5.2)

No person shall occupy, or let to another for occupancy, any residential or nonresidential property which does not comply with the following:

(1)

Every opening beneath a structure, including basement or cellar windows and crawl space, shall be equipped with an approved type of screening or lattice work to keep out animals.

(2)

Every hall and stairway located in a structure used for occupancy shall be provided with not less than one footcandle of natural light throughout or with properly installed electric lighting facilities which provide not less than one footcandle of illumination throughout and which are controlled by the occupants of the structure and available at all times.

(3)

Every window and exterior door shall be weathertight, maintained without cracks and holes and in a good state of repair.

(Code 1980, § 14-5.3)

No person shall occupy, or let to another for occupancy, any residential or nonresidential property in which a cellar or basement space is used as a habitable room or dwelling unit.

(Code 1980, § 14-5.4)

(a)

The occupants of every structure shall be responsible for keeping the premises free from the accumulation of garbage, rubbish and/or waste at all times.

(b)

Every occupant of any building or structure shall dispose of garbage, rubbish and/or other waste materials in an approved sanitary manner. Garbage shall be placed in the garbage disposal facilities or storage containers as required by all applicable city codes.

(c)

No owner, occupant or operator of a structure, hotel, hotel unit, roominghouse or roominghouse unit shall deposit, or cause to be deposited, any garbage, rubbish and/or waste on adjacent properties.

(Code 1980, § 14-5.5)

Cross reference— Health and sanitation, ch. 13.

Any property failing to meet the following maintenance and appearance standards shall be considered deficient:

(1)

The owner and operator of all properties governed by the code shall maintain the exterior of the premises in such a manner as to conform with all city codes and ordinances; avoid blighting influences on neighboring properties; and avoid the creation of hazards to public health, safety and welfare. Such maintenance and appearance will be judged by the following standards:

a.

All concrete block (CBS) masonry structures shall have no surface exposed and must be of a finished material, including brick, stone, tile, painted or tinted stucco, wood, plastic or painted metal siding. Such finishes must be applied to completely conceal the coursework of any CBS structure and unify the design or architectural treatment. All portions of a building or structure shall be of the same treatment material. All existing buildings and structures shall comply with this subsection within six months from adoption of the ordinance from which this subsection is derived.

b.

The exterior surfaces of all premises and every structure on the premises, including all parts of the structure and appurtenances, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing, or other holes or breaks. All screened enclosures shall be properly fitted and maintained. All other surfaces shall be maintained free of broken glass, crumbling stone, brick or stucco, or other conditions reflective of deterioration or inadequate maintenance.

c.

All exterior surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti and void of any evidence of deterioration. Patchwork painting shall be prohibited.

d.

All off-street parking spaces shall be paved with asphalt or constructed of concrete or block and shall be of smooth surface and in good repair in compliance with city codes.

e.

The roofs of all structures shall be kept in a clean and presentable condition, free of mold and mildew. All roofs shall have a finished appearance, and there shall not be a mix of roofing materials on any one surface. There shall not be an accumulation of debris, other unnecessary materials or vegetation of any type permitted on roofs.

f.

All swimming pools, either in the ground or above the ground, shall be properly maintained. Pool equipment shall be kept in a workable fashion such that the pool shall not become stagnant and create a health hazard or an area for breeding of insects or vermin.

g.

The exterior premises shall be maintained so as to prevent the accumulation of stagnant water on the premises.

h.

Exterior premises shall be kept free from the excessive growth of weeds, grass and other foliage. The provisions of this subsection shall also apply to vacant lots and to the premises of business establishments.

i.

Animals and pets shall not be kept in any structure or on any premises in such a manner as to create unsanitary conditions or constitute a nuisance.

(2)

Except as otherwise provided, live vegetative material shall provide complete coverage of the entire yard area free of dead and dying trees and limbs. Play areas, gardens, flower beds, driveways, walks and the like, not intended to have vegetative cover, should be clearly defined and maintained free of uncultivated growth. Yards not using vegetative cover must use a material that meets all city codes, and such material must be maintained free of uncultivated growth.

(3)

The exterior of buildings and structures shall be kept free of all nuisances and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises, and free of unsanitary conditions; and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:

a.

Loose and overhanging objects which by reason of location above ground level constitute a danger of falling on persons;

b.

Holes, excavations, breaks, projections, obstructions, and excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to or used by persons on the premises;

c.

Inadequate runoff drains for stormwaters; and

d.

Exterior porches, landings, balconies, stairs and fire escapes which are not provided with banisters or railings properly designed and maintained to minimize the hazard of falling.

(4)

Any awning or marquee and its accompanying structural members shall be maintained in a good state of repair. If such awnings or marquees are made of cloth, plastic or of a similar material, such cloth or plastic shall not show evidence of weathering, discoloration, ripping, tearing or other holes. Nothing in this subsection shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.

(Code 1980, § 14-5.6; Ord. No. 2001-3, § 1, 3-20-2001)

(a)

The boarding of the doors, windows or other openings of any building or structure or any means of securing such opening, shall comply with the following minimum standards:

(1)

Securing windows and other openings. Windows and similar openings shall be boarded with exterior grade plywood of a minimum thickness of one-half-inch nominal or its equivalent. Vent holes may be required, as deemed necessary for safety. The plywood shall be secured in place by using anchors that will resist vandalism, damage by weather, and not give purchase for pliers and pry bars. All anchoring systems including but not limited to thru bolts and cross members, wood screws, expansion anchors, powder actuated fasteners, and masonry anchors, shall be acceptable to the city manager.

(2)

Hurricane protection systems utilized at all openings shall comply with all the requirements of the 2001 Florida Building Code.

(3)

Painting of boarded openings. All openings boarded for over 30 days shall be painted with a minimum of one coat of exterior paint and shall be painted the same color as the building.

(b)

The owner of a building shall promptly repair any broken door, window or other opening by securing the necessary building permits so that a temporary boarded up condition is limited. Any such repair must be completed within 30 days from the time the boards are installed. When a unit or building is protected by a hurricane protection system in anticipation of a hurricane, the panels must be removed within 14 days after the lifting of a hurricane warning or hurricane watch for the county if the building is occupied. If the unit or building is not occupied, hurricane panels may remain installed longer than 14 days, if:

(1)

The property owner provides the property manager or president of their condominium association with their contact information so they may be contacted while absent from the city;

(2)

If there is no property manager or president, the property owner must notify the department of development services in the city; and

(3)

The city manager shall at all times have the authority to require removal of the hurricane panels.

a.

The city manager shall at all times have the authority to authorize panels to remain installed for a period of time exceeding 14 days.

(c)

Buildings which have been boarded-up as a result of an order issued by other regulatory agencies having jurisdiction in the city including but not limited to the Nuisance Abatement Board, Unsafe Structures Board, Special Magistrate, Police Department, or emergency action initiated by the city manager, shall remain boarded in accordance with the specific terms of the order.

(Ord. No. 2003-04, § 1, 1-21-03; Ord. No. 2005-5, § 2, 4-19-2005)

(a)

Every owner of a vacant commercial, multi-family, single family structure, or land, and property subject to foreclosure shall register said property or land with the city's development services department or designee. This fee will not be pro-rated and is non-refundable. Failure to comply with the requirements of this section to register property or land shall constitute a violation of this article. Registration shall include:

(1)

A description of the premises including address, legal description, and folio number;

(2)

The names, addresses, and contact numbers of the owner, or agents, that can be contacted 24 hours a day;

(3)

Written consent by the owner allowing the City Police Department to enforce trespassing penalties as described in F.S. § 810.08;

(4)

Affidavit affirming that a notice will be posted on the property by owner or representative in a place protected from weather that will include the name and phone number of the person responsible for the property. The physical location of placement of such affidavit on the property or land is at the city's discretion.

(b)

Owners of vacant units located within a multi-family structure are exempt from this section if at least one of the following is met:

(1)

The multi-family structure has a property manager on the premises;

(2)

The multi-family structure has an on-site homeowners' association responsible for the management and maintenance of the property; or

(3)

The multi-family structure has a security guard located on the property.

(c)

The following properties are exempt from this section:

(1)

Properties that are registered with the city as vacation rentals and hold a current business tax receipt;

(2)

Properties with active building permits undergoing active construction;

(3)

Properties that are listed for sale or rent and are monitored by owner or owner's representative at least once a week;

(4)

Properties used as second home, that have active utility services and are not in violation of any City Code;

(5)

Structures protected by federal, state, or local law or any structures owned by the federal government, state government, Broward County, or the city.

(d)

This registration must be done within ten days of any title transfer and renewed every October 1 thereafter.

(e)

The owner shall notify the city's development services department or designee of any changes to the information supplied on the registration immediately.

(f)

Vacant property registration fee schedule. The owner of an unsecured, vacant or abandoned structure/land shall register the property with the city and pay an annual registration fee. The schedule is as follows:

(1)

Vacant structure (single family): $250.00 yearly.

(2)

Vacant structure (multi-family, two units or more): $250.00 per unit yearly.

(3)

Vacant land: $25.00 yearly.

(g)

The registration fee shall be paid in full prior to the issuance of any permits to repair, rehabilitate or build.

(h)

All delinquent registration fees, shall be paid by the owner prior to any transfer of ownership interest. If the fees are not paid prior to transfer, the new owner shall be responsible for all outstanding fees no later than 30 days after the transfer of ownership and subsequent registration fees shall be due and payable in accordance with this article.

(i)

The registration fee is reasonably related to the administrative costs for processing the registrations and monitoring of the blighted, unsecured, vacant, or abandoned structures. The form will indicate that submission grants the city's police department the authority to issue trespass warnings to individuals who cannot demonstrate written authorization to be on the property. The mortgagee or owner can opt out of or revoke the department's authority to issue a trespass warning by notifying the police department on the registration form or in writing directed to the chief of police.

(j)

Penalties. Violations of this section shall be punishable as a class II violation, pursuant to section 9-55 of the City Code.

(Ord. No. 2018-001, § 2, 1-31-2018; Ord. No. 2019-009, § 2, 6-5-2019)

No person shall occupy, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating, which does not comply with the following requirements:

(1)

Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower and water closet, all in good working condition, and installed in accordance with the building code and this Code. The sink, lavatory, tub or shower shall be supplied with adequate hot and cold water.

(2)

Every dwelling unit shall contain a room which affords privacy to a person within that room and which is equipped with a bathtub or shower in good working condition and properly connected to an approved water system and sewer system.

(3)

Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of this section shall be properly connected with both hot and cold water lines.

(4)

Every dwelling shall have water heating facilities which are properly installed, maintained in safe and good working condition, and properly connected with hot water lines required under the provisions of subsections (1)—(3) of this section. Such water heating facilities shall be capable of supplying on demand to all the required fixtures a supply of hot water. The hot water heater provided shall have at least a 20-gallon capacity and shall comply with the standards of the National Fire Prevention Association and be installed in accordance with chapter 46 of the South Florida Building Code, Broward County Edition.

(5)

Every occupied dwelling shall be provided with an installed permanent cooking facility which shall not be capable of being carried easily by one person, and shall have a minimum of two burners, an oven and an installed refrigerator. Vacant dwelling units shall be provided with utility connections for such facilities.

(6)

Every dwelling unit shall contain cabinets and shelves for the storage of dishes, cooking utensils and food.

(7)

Every dwelling unit shall contain storage space for clothes and linen.

(8)

Hotels, motels, roominghouses or boardinghouses shall not permit cooking appliances of any sort within their units except in approved kitchens or kitchenettes.

(Code 1980, § 14-6)

No person shall occupy, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating which does not comply with the following requirements:

(1)

Every habitable room, excluding kitchens and eating areas, shall have at least one window or skylight facing directly to the outdoors to provide an external lighting source. The minimum total window area which provides light to each habitable room shall not be less than ten percent of the floor area of such room. Whenever exterior walls or other light-obstructing structures are located less than three feet from the window and extend above the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included in the required minimum total window area. Whenever the only window in a room is a skylight-type window located in the top of such room, the minimum total window area of such skylight shall not be less than 15 percent of the total floor area of the room. Windows or skylights shall not be obstructed by paint or objects causing permanent restrictions of light or ventilation; nor shall any window or skylight be nailed shut or permitted to be maintained in a condition which renders it inoperable unless designed and intended to be in a fixed, permanent position.

(2)

Every habitable room shall be ventilated by openable areas equal to 50 percent of the required minimum window area, as set forth in subsection (1) of this section, or by equivalent mechanical ventilation as approved by the inspecting officer.

(3)

Every bathroom, shower room and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsections (1) and (2) of this section; except that no window or skylight shall be required in adequately ventilated bathrooms, shower rooms and water closet compartments equipped with an approved mechanical ventilating system.

(4)

Every door, window or other device opening to outdoor space and used or intended to be used for ventilation shall be provided with an approved type of screen for protection against mosquitoes, flies and other insects.

(5)

Every habitable room of such a dwelling shall contain at least two separate floor or wall-type electrical convenience outlets, one of which is operated by a switch, or one such convenience outlet and one light fixture on a switch. Every bathroom, shower room, water closet compartment and laundry room shall contain at least one properly installed ceiling or wall-type electric light fixture. The switches shall be so located and installed as to avoid the danger of electrical shock.

(Code 1980, § 14-6.1)

No person shall occupy, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living in such place, which does not comply with the following requirements:

(1)

Every dwelling unit shall contain a minimum gross floor area of at least 150 square feet for the first occupant, 100 square feet for each of the next two occupants, and at least 75 square feet for each occupant thereafter. Floor space shall be calculated on the basis of total habitable room area.

(2)

At least half the floor area of every habitable room shall have a ceiling height of at least seven feet. Any portion of a room having a ceiling height of less than five feet shall not be considered in computing the total floor area of such room.

(3)

No dwelling or dwelling unit containing two or more sleeping rooms shall be so arranged that access to a bathroom, shower room or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room or outside the structure; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room, bathroom, shower room or water closet compartment.

(4)

At least one flush water closet, lavatory basin and bathtub or shower, properly connected to an approved water system and sewer system and in good working condition, shall be supplied for each six persons or fraction residing within a hotel or roominghouse, including members of the operator's family whenever they share the use of such facilities. In a hotel or roominghouse where rooms are let only to males, flush urinals may be substituted for not more than half of the required number of water closets. All water closets, urinals, bathtubs or showers shall be located within rooms which afford privacy to the user and are not more than one story removed from the hotel or rooming unit of any occupant intended to share the facilities. All such facilities shall be so located within the hotel or roominghouse as to be accessible to the occupants of each hotel or rooming unit sharing such facilities without going outside of the building or without going through a dwelling, hotel or rooming unit of another occupant. Every lavatory basin, bathtub or shower shall be supplied with hot and cold water at all times.

(5)

The operator of every hotel or roominghouse shall change supplied bed linen and towels at least once each day or prior to the letting of any room to any occupant. The operator shall be responsible for the sanitary maintenance of all walls, floors, ceilings and other parts; and he shall be further responsible for the sanitary maintenance of the entire premises where all of the building is under the control of such operator.

(6)

Every window of every hotel or rooming unit shall be supplied with shades, draw drapes, or other devices or materials which, when properly used, will afford privacy to the occupant of the hotel or rooming unit. No cooking shall be permitted in hotel and rooming units which are not equipped with approved kitchen facilities and do not meet minimum dwelling unit standards.

(7)

If one or more persons occupy one or more hotel or rooming units located on any floor above the ground floor of any hotel or roominghouse, there shall be at least two safe and unobstructed exits from such floor leading to a safe open space at ground level. Each exit shall be easily accessible from every hotel or rooming unit on the specified floor without passing through any other hotel, rooming unit or dwelling unit. All exit stairways shall have at least one grip rail not less than 42 inches above the stairway treads. Stairways open on both sides shall have such a grip rail on each side. The construction of such egress and stairways shall be in conformance with the building code and any applicable fire regulations or ordinances.

(8)

The operator of every hotel or roominghouse shall be responsible for the extermination of any insects, rodents, vermin or other pests in such place and shall be further responsible for such extermination on the entire premises where all of the building within which the hotel or roominghouse is contained is leased or rented by the operator. Whenever infestation is caused by failure of the owner to maintain the building in a reasonably insectproof and/or rodentproof condition, extermination shall be the responsibility of the owner.

(9)

No owner shall let for occupancy any rooming unit or hotel unit that is not provided with adequate heating facilities of an approved type properly installed and maintained in a safe and good working condition as provided in the building code and any applicable fire regulations or ordinance. Adequate heating facilities are defined as follows:

a.

Permanent heating equipment properly connected to a flue or vent, or if electric, properly installed and permanently connected to an adequately wired and sized branch circuit, installed and maintained in accordance with the provisions of the building code and other applicable regulatory agencies.

b.

Accessory heating units deemed to be supplementary to the permanent heating equipment shall not be considered when calculating the adequacy of the permanently installed heating equipment.

c.

Only those accessory heating units which are acceptable under the ordinances of the city, the state division of hotels and restaurants regulations, and other regularly adopted regulations will be used.

d.

The use of unsafe heaters or cooking stoves and the use of cooking stoves, including ovens, for heating purposes is prohibited.

e.

The requirements of this subsection shall not apply to units or hotel units in existence on March 17, 1969, provided that either a gas pipe outlet or an electrical outlet and circuit are present for the use of gas space heaters or portable electrical space heaters.

(10)

No person shall operate a hotel or roominghouse unless he has complied with all applicable licensing and permit requirements.

(11)

Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant. Every room occupied for sleeping purposes shall have a minimum width of eight feet and an average floor-to-ceiling height of 7½ feet.

(Code 1980, § 14-6.2)

(a)

The owner shall not occupy, permit another to occupy, or let to another for occupancy a dwelling, dwelling unit, or hotel or rooming unit that is not clean, sanitary, safe and fit for human habitation.

(b)

The owner and operator of a dwelling or dwelling unit shall, jointly and severally:

(1)

Maintain in a clean and sanitary condition the shared or public areas of a dwelling containing more than one dwelling unit and premises. Shared or public areas shall include yards, courts, driveways, parking areas, lawns and shrubbery.

(2)

Be responsible for the extermination of any rodents, vermin and other pests in all public or shared areas, and when infestation of other areas is caused by his failure to carry out the provisions of this chapter.

(Code 1980, § 14-6.3)

Every occupant of a dwelling or dwelling unit shall be responsible for the following:

(1)

Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises which he occupies and controls, including yards, lawns, courts and driveways. The provisions of this subsection shall also apply to vacant lots and to premises of business establishments located adjacent to dwellings and dwelling units.

(2)

Every occupant of a dwelling unit shall keep all plumbing fixtures, sanitary facilities, appliances and equipment in a clean and sanitary condition and shall exercise care in their proper use and operation.

(3)

Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, vermin, or other pests in or on the premises. Every occupant of a dwelling unit in a building containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested; except that whenever such infestation is caused by the failure of the owner to carry out the provisions of this chapter, extermination shall be the responsibility of the owner. In every dwelling containing one or more units, the owner shall exterminate all infestations of any insects, rodents, vermin or other pests in or on the premises except where such pests are the responsibility of the occupant as provided in the preceding sentence.

(4)

Should an owner fail to complete and submit its annual certification by September 30, a penalty of $200.00 shall be assessed to the owner. Should an owner fail to complete and submit its annual certification within 60 days of a second and final written advisement from the city, a penalty of an additional $500.00 shall be assessed to the owner. The owner shall be fined a penalty of $500.00 every 60 days until such time as there is compliance.

(5)

Should an owner fail to maintain the stormwater management facility, the city shall advise of this failure in writing and state what actions must be taken to correct the matter. Should the owner not comply with the written advisement within 60 days, a penalty of $500.00 shall be assessed to the owner. The owner shall be fined a penalty of $500.00 every 60 days until such time as there is compliance.

(Code 1980, § 14-6.4)

(a)

Definitions.

Stormwater management facility means a storm drainage system that controls stormwater runoff for major developments, defined as ten units or more for residential developments or 4,000 square feet or more for nonresidential developments.

Owner means the developer of a stormwater management facility or the person, individual, company or association that owns the facility after development completion.

Maintenance means performance of those tasks required to keep stormwater management system operational and effective, as described in the certification of drainage maintenance and as confirmed by the public works director.

(b)

Maintenance of private stormwater management facilities.

(1)

Private property owners shall ensure that all stormwater management facilities are maintained in proper working condition.

(2)

The owner of a stormwater management facility shall submit to the city annually a certification of drainage maintenance, in accordance with Administrative Policy 2026.013 Stormwater Management Facilities Maintenance.

(3)

The certification of drainage maintenance shall be signed and submitted to the city by September 1 of each year.

(c)

Enforcement. Should an owner fail to complete and submit the annual certification and/or fail to maintain the stormwater management facilities, enforcement of this section shall be pursuant to and in accordance with the code enforcement procedures with the city as set forth in chapter 9 of this Code (as amended), as set forth below.

(1)

An owner shall receive a notice of violation giving a time frame for correcting the violation.

(2)

If compliance is not achieved within the timeframe stated in the notice of violation, a hearing shall be held in front of the special magistrate.

(3)

If the special magistrate finds the owner in violation of the code, the special magistrate may assess a fine and order remedial action to be taken as well as assess costs as provided in chapter 9.

a.

For an initial violation of failing to submit a certification within the timeframe specified in the notice of violation, a penalty of $200.00 may be assessed. After a second and final written notice from the city, a penalty of an additional $500.00 may be assessed to the owner. After the second notice, the owner may be fined a penalty of $500.00 every 60 days until such time as the owner submits the proper certification.

b.

Should an owner fail to maintain the stormwater management facility, a time for compliance of 60 days shall be given in the notice of violation. If compliance is not achieved within the specified timeframe, a penalty of $500.00 may be assessed to the owner. Thereafter, the owner may be fined a penalty of $500.00 every 60 days until such time as there is compliance.

(4)

In addition to the provisions of subparagraph 14-46(c)(3), the city may or may cause to have storm drains of the stormwater management facility cleaned and charge the owner for the cost of said cleaning.

(5)

The city may institute a civil action in a court of competent jurisdiction to seek injunctive or other appropriate relief to enforce compliance with or prohibit the violation of this section.

(Ord. No. 2006-14, § 1, 9-6-2006; Ord. No. 2008-27, § 1, 10-15-2008)

Repairs and installation of replacement items shall be made so as to comply at a minimum with the provisions of the building code and other regulations which were in effect at the time of certificate of occupancy. All work shall proceed with reasonable progress and be done in a workmanlike manner and with proper permits if required.

(Code 1980, § 14-7)

A minimum property maintenance enforcement officer shall be appointed by the city manager. Such officer shall be chosen on the basis of his qualifications and experience in the field of public health, housing and building regulations in accordance with the building code.

(Code 1980, § 14-8)

Cross reference— Administration, ch. 2.

(a)

The enforcement officer is authorized to inspect all structures within the city. When the enforcement officer is required to enter onto private premises to make an inspection, he shall do so with the consent of the owner, operator, lessee or occupant.

(b)

Inspections of all buildings or structures shall be made during reasonable hours. If the enforcement officer has probable cause to believe an immediate threat exists to the health, welfare or safety of persons in or about any building or structure, he may direct that an inspection be made at any time.

(c)

The enforcing officer may request permission to enter and inspect any building or structure at any reasonable time. If permission is refused, the enforcing officer may make a visual inspection of the exterior of such premises and obtain any other relevant information from any other reliable source. If in the opinion of the enforcing officer there exists probable cause to believe that the minimum standards of this chapter are not being met, the officer may apply for a search warrant from the court having jurisdiction. If granted, such warrant shall be served by a police officer of the city, who shall be accompanied by the enforcing officer.

(Code 1980, § 14-9)

(a)

The provisions of this chapter shall be enforced under the police powers of the city; and all legal proceedings for violations shall be instituted in courts of appropriate jurisdiction; however, the special magistrate shall have supplemental jurisdiction to enforce any of the provisions of this chapter in conformity with the provisions of F.S. ch. 162.

(b)

Whenever the enforcing officer determines that there is a violation of any provision of this chapter, notice of such violation shall be served upon the owner, operator or occupant in charge or in control of the property, as set forth. Such notice shall:

(1)

Be in writing.

(2)

Be dated and signed by the enforcing officer.

(3)

Specify the violations.

(4)

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

(5)

State that if a building permit is necessary to correct the violations, it must be obtained within a reasonable period, in light of the nature of the violation, as determined by the head of the enforcing agency or the period set by the special magistrate for compliance.

(6)

State that the work to remove the violation must be completed within a reasonable number of days, as determined by the head of the enforcing agency.

(7)

State that final compliance must conform to the requirements of the building code.

(8)

Be served upon the owner, operator or occupant in charge or in control of the property in accordance with F.S. § 162.12.

(9)

Inform the person on whom notice is served of his rights to apply within 20 days for hearing to appeal the decision of the enforcing officer.

(c)

The board shall be the special magistrate.

(d)

Any person affected by a violation notice issued under subsection (b) of this section in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the special magistrate, providing a petition for such hearing is submitted within 20 days from the date of the violation notice and is in accordance with the requirements of this chapter. Upon receipt of such petition, the enforcing agency shall immediately notify the special magistrate and a time and place for the hearing established and the petitioner given written notice of the hearing.

(1)

The hearing shall be held not later than 30 days after the date upon which petition was filed and shall be open to the public.

(2)

Upon application, the special magistrate may postpone the date of the hearing for a reasonable time beyond the 30-day period if in its judgment a good and sufficient reason for such postponement exists.

(3)

At such hearing, the petitioner shall be given an opportunity to be heard and to show why the violation notice should be modified or withdrawn.

(4)

After completion of the hearing, the special magistrate shall sustain, modify or withdraw the violation notice based upon the findings as to whether the provisions of this chapter have been complied with. If the special magistrate sustains or modifies the violation notice, it shall be deemed to be an order.

(5)

The special magistrate, for due cause or where a hardship exists, may modify the time of performance for the requirements set forth by this chapter; but this shall not relieve the owner of the responsibility for compliance with the provisions of this chapter.

(6)

The proceedings of such hearing, including the findings and decision of the special magistrate, shall be summarized in writing and entered in the public records of the special magistrate. Such records shall include a copy of every notice issued in connection with the matter.

(7)

Any person aggrieved by the decision of the special magistrate may seek relief in any court of competent jurisdiction as provided by the laws of the state within 30 days after the rendition of such decision.

(e)

Whenever the enforcing officer finds that an emergency exists due to an unsanitary condition, or other cause which requires immediate action to protect public health, safety or welfare, he may, upon approval of the head of the enforcing agency, without notice or hearing, issue an order stating the existence of such emergency and requiring that such action as he deems necessary be taken to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately.

(1)

Any person to whom such emergency order is directed shall comply with the order within the time period contained in the order but upon petition to the enforcing agency shall be afforded a hearing as soon as possible. Upon such hearing, the order may be confirmed, modified or revoked.

(2)

Whenever an emergency order is not complied with, the enforcing agency shall take such direct and immediate action as is necessary to abate the hazard or danger. The enforcing officer shall not take such direct and immediate action without first conferring with the city manager and the city attorney. Expenses incurred in the execution of such orders shall be recovered as provided in section 202.5 of the building code, which provides that costs incurred in the performance of such emergency work shall be paid by the appropriate governmental authority and upon the recording in the public records of this county a certificate executed by the enforcing officer, certifying the amount so expended and why expended, the costs shall become a lien against the property involved.

(Code 1980, § 14-10; Ord. No. 2022-005, § 4, 3-2-2022)

(a)

General.

(1)

Definitions:

a.

Dilapidated/dilapidation means structures, dwellings, dwelling units, multiple dwellings, apartments, including garages, sheds, and similar accessory buildings and structures and fences which, by reason of inadequate maintenance or abandonment, are a threat to health and safety, or which constitute a fire hazard or are otherwise dangerous to human life or property.

b.

Interested party means a person or entity who has an interest in real estate which is subject to condemnation or demolition proceedings, including the owner of record title, lessees, tenants, or occupants, if any, and any persons of record interest, including mortgagee, contract purchaser, agent with power of attorney, or person claiming an interest under lis pendens or the like.

c.

Lessee means any person who has a possessory interest in any dwelling or structure.

d.

Manmade body of water means, but shall not be limited to, a swimming pool, fish pond, spa or hot tub, but excludes ponds created pursuant to the city, state, federal or regional regulations or by the city for stormwater retention and treatment purposes.

e.

Occupant means any person living, sleeping, cooking, or eating in or having actual possession of a dwelling.

f.

Structure means that which is built or constructed, an edifice or building of any kind, including garages, sheds, and similar accessory buildings and structures and fences, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part thereof."

g.

Tenant means any person living, sleeping, cooking, or eating in or having actual possession of a dwelling.

h.

Unfit means unsanitary, unsuitable, or improper for the use or occupancy for which it is intended.

i.

Unsafe means structurally unsafe, unstable, inadequately provided with exit facilities, not provided with permanent means of adequately securing all openings against unauthorized entry and deterioration from weather, constituting a fire, constituting a hazard to health or safety due to inadequate maintenance, dilapidation, abandonment, or otherwise dangerous to life or property or to the health, safety, or welfare of the occupants thereof or the surrounding areas.

j.

Unsanitary means, but is not limited to, inadequate or malfunctioning water or plumbing system(s), sanitary facilities, or waste disposal systems, and infestation within or around a structure of insects, rodents, or other pests.

(2)

All structures deemed as unsafe structures by the building official shall be processed in accordance with the Florida Building Code.

Buildings or structures that are, or hereafter shall become, unsafe, unsanitary or deficient, and dilapidated facilities, with inadequate means of egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life or public welfare by reason of illegal or improper use, occupancy or maintenance, or which have been substantially damaged by the elements, acts of God, fire, explosion or otherwise, shall be deemed unsafe structures and a permit shall be obtained to demolish the structure, or where specifically allowed by this article, to bring the building into compliance with the applicable codes as provided herein.

(3)

Incomplete buildings commenced without a permit or for which the permit has expired, or completed buildings commenced without a permit or for which the permit has expired, prior to completion and no certificate of occupancy has been issued, shall be presumed and deemed unsafe and a permit shall be obtained to demolish the structure or bring the building into compliance with the applicable codes as provided herein.

(4)

Buildings which meet the physical criteria of unsafe structures, set forth in this section, and are ordered to be repaired by the building official or the unsafe structures board, in the manner more particularly set forth below, which are not completed or repaired and brought into full compliance with the building code within the reasonable time allowed by the building official or the unsafe structures board, will be demolished.

(5)

Swimming pools that contain stagnant water are deemed unsanitary and dangerous to human life and the public welfare. If the stagnant water is not removed and all repairs made and brought into full compliance with the building code within a reasonable time, as allowed by the building official, then these swimming pools will be demolished and filled in.

(6)

Buildings or structures subject to the recertification requirements of the Florida Building Code or Broward County Amendments to the Florida Building Code which the owner fails to timely respond to the notice of required inspection or fails to make all required repairs or modifications found to be necessary resulting from the recertification inspection by the deadline specified in the Code or any written extension granted by the building official will be demolished.

(b)

Physical criteria.

(1)

A building shall be deemed a fire hazard and/or unsafe when any of the following criteria are met:

a.

It is vacant, unguarded and open at doors or windows.

b.

There is an accumulation of debris or other material therein representing a hazard of combustion.

c.

The building condition creates hazards with respect to means of egress and fire protection as provided herein for the particular occupancy.

d.

It meets the criteria of a vacant and abandoned property under section 14-13 of this Code or under chapter 39 of the Broward County Code.

(2)

A building, or part thereof, shall be presumed to be unsafe when any of the following conditions are found to exist:

a.

There is a failure, hanging loose or loosening of any siding, block, brick, or other building material.

b.

There is a deterioration of the structure or structural parts.

c.

The building is partially destroyed.

d.

There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing.

e.

The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the building code.

f.

An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems.

g.

By reasons of use or occupancy the area, height, type of construction, fire-resistivity, means of egress, electrical equipment, plumbing, air conditioning or other features regulated by this Code do not comply with this Code for the use and group or occupancy.

h.

The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has been commenced or completed without a permit therefore having been obtained or where the permit has expired prior to completion and the issuance of a certificate of occupancy or certificate of completion.

i.

The construction, installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of electrical, plumbing or other equipment has not been completed.

j.

The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the building official, or for a period exceeding the maximum limitations set forth in this article.

k.

By reason of illegal or improper use, occupancy or maintenance does not comply with the building code, or the code in effect at the time of construction.

l.

The building or part thereof meets the physical criteria of an unsafe structure set forth above and has not been repaired and brought into compliance with the building code following the expiration of the reasonable periods allowed by the building official, or an unsafe structures board for such repairs.

(c)

Valuation criteria.

(1)

If the cost of completion, alteration, repair and/or replacement of an unsafe building or structure or part thereof exceeds 50 percent of its value, such building shall be demolished by the owner and removed from the premises. If the cost of completion, alteration, repair and/or replacement of an unsafe building or structure or part thereof does not exceed 50 percent of such replacement cost, such building or structure may be repaired and made safe, as provided in the Florida Building Code.

(2)

If the cost of structural repair or structural replacement of an unsafe building or structure or part thereof exceeds 33 percent of the structural value such building or structure or part thereof shall be demolished and removed from the premises; and if the cost of such structural repairs does not exceed 33 percent of such replacement cost, such building or structure or part thereof may be structurally repaired and made safe, as provided herein.

(3)

In order to determine the value of a building or structure and the cost of alterations, repairs and replacement, the guides and standards provided in the Florida Building Code existing buildings shall apply.

(4)

An exception to the above percentages may be recognized provided:

a.

The owner of the property has the ways and means to complete the work; and

b.

All imminent danger has been removed from the site; and

c.

All applicable zoning regulations are met; and

d.

All applicable requirements of other departments and agencies are met; and

e.

Criteria noted in the Florida Building Code are followed; and

f.

Any remaining portion of the structure to be used in rebuilding is certified as safe by a registered engineer or architect.

(d)

Inspection of unsafe buildings and structures. The building official, on his or her own initiative or as a result of reports by others, shall examine or cause to be examined every building or structure appearing or reported to be unsafe, and if such is found to be an unsafe building or structure as defined in this article, the building official shall proceed in the manner set forth in this article.

(e)

Emergency action. When in the opinion of the building official, there is actual or immediate danger of the failure or collapse of a building or structure, or there is a health, windstorm or fire hazard, he may order the occupants to demolish, vacate, temporarily close for use or occupancy the rights-of-way thereto, sidewalks, streets or adjacent buildings or nearby area and institute other such temporary safeguards pursuant to subsection (f) or immediate demolition pursuant to section 14-86(g), including securing the building or structure or any demolition or partial demolition, as he may deem necessary under the circumstances, and may employ the necessary labor and materials to perform the required work as expeditiously as possible. In such event, the operation of the notice and hearing requirements of this article shall be suspended as reasonably necessary in the opinion of the building official to redress the emergency situation. Costs incurred in the performance of such emergency work shall be paid by the owner of the property and upon the recording in the public records of this county a certificate executed by the building official, certifying the amount so expended, the same shall become a special assessment lien against the property involved.

(f)

Securing unsafe structures.

(1)

When a structure is required to be secured, open windows and doors shall be secured with exterior plywood and suitably coated with an appropriate neutral color blending with or harmonizing with the exterior colors of the building so as to be as inconspicuous as possible.

(2)

When securing with exterior plywood is not possible because existing structural damage or design features will not support a sound, secure application of plywood or for any other reason, the code inspector shall order securing against access and shall specify the industrial standard method and materials to be installed. Manmade bodies of water must be secured in a manner so as to eliminate any drowning or infection hazard, or must be filled completely with clean fill dirt or sand and adequate drainage provided so that water is not retained, does not accumulate and does not pond.

(3)

In default of the owners or other parties of interest repairing or demolishing, removing, or securing of such dwelling or structure, including an accessory building or structure or manmade body of water, within the specified time or such other reasonable time fixed in the notice and order of the code inspector, the code inspector may order vacation of the premises.

(4)

All unfit or unsafe structures or manmade bodies of water which have been secured as a result of a notice and order pursuant to this section shall be subject to inspection, and the owner of the dwelling or structure shall be assessed a fee for each and every such inspection. Inspection fees shall be set by resolution of the city commission.

(Code 1980, § 14-11; Ord. No. 2019-005, § 2, 3-20-2019)

(a)

The procedure for demolition of unsafe or unsanitary structures is as follows:

[Notice of unsafe structure.] Upon observation of any one of the above criteria in section 14-85(b) any city enforcement personnel shall be authorized to post and shall post a notice in a conspicuous location on the building or structure that has been determined to be unsafe.

(1)

The posted notice shall read substantially as follows:

UNSAFE BUILDING. This building or structure is, in the opinion of the Building Official, unsafe. THIS BUILDING SHALL BE VACATED—SHALL NOT BE OCCUPIED. The owner should contact the City of Hallandale Beach Building Division immediately. THIS NOTICE SHALL NOT BE REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date posted).

(2)

Unless otherwise prescribed by the city official or by an order issued by a court of competent jurisdiction, it shall be unlawful for any person to enter such a dwelling or structure except for the purpose of making required repairs or demolishing it.

(3)

No person shall occupy or let to another for occupancy such a posted building or structure except as provided for in this article. If the dwelling or structure is occupied at the time of the posting, the dwelling or structure must be vacated within 24 hours unless otherwise prescribed by the city official for good and sufficient reasons after the notice is posted. The owner shall immediately begin action to vacate the structure or to bring it into compliance within the time prescribed.

(4)

It shall be unlawful for any person to remove or deface the placard which has been posted on an unsafe or unfit dwelling or structure, and the placard shall remain until such time as the city official requires the placard to be removed.

(5)

If, after inspection, the city official determines that the dwelling or structure is uninhabited, the city official shall cause to be posted a "No Trespassing" sign to prevent entry into the premises by third parties who might be exposed to the risk of danger created by the unsafe structure. It shall be unlawful for any person to remove or deface the "No Trespassing" sign, and it shall remain until such time as the city official requires it to be removed.

(6)

All structures that meet any of the criteria from subsection (c)(1) above and have been posted with the requisite notice, must be approved by the building division based upon all of the following inspections before the structure can be deemed safe for use:

a.

An electrical inspection by a state certified electrician;

b.

A plumbing inspection by a state licensed plumber; and

c.

An inspection by a state licensed mold inspector; and

d.

An inspection by a state licensed structural engineer; and

e.

An inspection by a state certified pest control operator.

Upon completion of the inspections described herein, an inspection report shall be filed with the building division for approval. The building official shall prescribe the forms to be used for the inspections described herein and shall be authorized to charge a fee for the review of the inspection reports. Each inspection report shall certify that there is currently no unsafe, hazardous, or unsanitary conditions currently existing in the structure, all building code violations corrected and the structure is safe for occupancy. No building deemed unsafe pursuant to this section shall be occupied until the results from the required inspections have been reviewed, and all permits have been obtained to bring the structure back into compliance with the building code. Nothing herein shall relieve the owner from the requirement to obtain permits for any repairs required to meet the requirements of this section.

(b)

Unsafe structures meeting criteria for immediate demolition.

(1)

The provisions below shall apply to buildings or structures meeting the criteria for immediate demolition.

(2)

The building official shall prepare a notice of violation. The notice shall state in summary form the nature of the defects which constitute a violation of this article and shall order the structure to be demolished within such time as is reasonable, subject to extension when requested in writing within the reasonable discretion of the building official. The notice shall state that the specific details concerning the violations can be obtained in writing from the building official upon request. In addition, the notice will explain the right of appeal of the decision of the building official to the unsafe structures board, in its appellate capacity, and advise that unless the decision is appealed, the building or structure shall be demolished without further notice.

(3)

The notice of violation shall be affixed to the structure concerned. The building official shall also affix to the structure notice of the hearing of the unsafe structures board scheduled to consider any appeal of the decision of the building official in connection with the structure. The notice of hearing shall be issued by the director of the building and code compliance department or his designee for appeals to an unsafe structures board advising persons to appear before the board to show cause why the decision of the building official should not be carried out. The hearing shall be scheduled at the next available unsafe structures board hearing to ratify the action.

(4)

Within ten working days of posting the notice of violation and notice of hearing, the building official shall send written notice of violation and notice of hearing to the owner and any interested party. For these purposes, the owner shall be the taxpayer as reflected in the most recently certified real property ad valorem tax roll of Broward County; provided however, where the records of the Broward County Property Appraiser indicate that ownership has changed, the owner shall be the taxpayer as reflected in those records. An interested party shall be the owner and any other person or entity who has previously requested real property ad valorem tax notices with respect to the subject property in accordance with Florida Statutes, as the same may be renumbered or amended from time to time. The notice of violation and notice of hearing shall be sent by certified or first class mail to all such parties' last known addresses as reflected in the records of the Broward County Property Appraiser. Failure to receive such notice or the lack of a signed return receipt shall not invalidate the notice.

(5)

Upon expiration of the period of appeal provided in the notice of violation, the building official may file an appropriate instrument in the office of the clerk of the circuit court to be recorded in the public records of this county, indicating that the property is in violation of the building code. The recording of the notice shall constitute constructive notice of the violation to all concerned, subsequent purchasers, transferees, mortgagees, lessees, grantees and all persons claiming or acquiring interest in the property. In the event that the violation is corrected, the building official shall file proof of the same upon payment for fees incurred.

(6)

The building official shall publish a notice in a newspaper of general circulation once a week for two consecutive weeks. The published notice shall contain the address of the subject property and the names of the owner and any interested party, and state that the subject property has been found to be in violation of the building code and subject to demolition. The published notice shall also state the time and place of the hearing scheduled before the unsafe structures board.

(7)

The notices provided in this section are intended to serve as full and effective notice of the hearing and the violations related to the structure. Failure of one form of notice shall not invalidate or impair the full effectiveness of notice provided by other means pursuant to this section.

(c)

Unsafe structures not meeting the valuation criteria for immediate demolition.

(1)

If a building or structure may be repaired and made safe pursuant to the valuation criteria set forth above, and the building or structure is otherwise unsafe in accordance with the physical criteria set forth in this section, the building official may order such building or structure to be temporarily secured in the manner and subject to the limitations set forth in this chapter. Such building must be completed and brought into full compliance with the building code within such time as the building official or the unsafe structures board may determine to be reasonable for such completion. If the building or structure is not temporarily secured, or once served, not completed and brought into compliance with the building code within the reasonable periods allowed, such building or structure shall be demolished and removed from the premises.

(2)

The building official shall prepare a notice of violation. This written notice shall state in summary form the nature of defects which constitute a violation of this section and shall prescribe the action to be taken to comply and the time within which compliance must be accomplished, in such time not to exceed ten days to secure an open structure to the reasonable satisfaction of the building official, 90 days to obtain permits to repair the structure, and 120 days to bring it into compliance with the building code. This notice shall also state that the specific details concerning the violations can be obtained in writing from the building official on request. In addition, this notice will explain the right of appeal of the decision of the building official to the unsafe structures board, in its appellate capacity and also advise that unless there is compliance with the directions of the building official, a case will be commenced before the unsafe structures after time for compliance has expired, or that the building official's order will be enforced.

(3)

The notice of violation shall be affixed to the structure concerned.

(4)

Within ten working days of posting the notice of violation, the building official shall send the written notice of violation to the owner and any interested party, in the same manner provided in subsection (2) above.

(5)

In the event that the building or structure is not secured or brought into compliance with the requirements of the building code within the periods specified in the notice of violation, and no application for extension is made in the manner set forth in this section, the building official may schedule the case for hearing before the unsafe structures board to secure an order for demolition of the building or structure or to obtain any other appropriate remedy.

(6)

In the event that the building official schedules a hearing, or in the event that the owner or interested party files a timely appeal of the decision of the building official, the building official, or his or her designee shall issue a notice of hearing which shall be affixed to the property, mailed to the owner and interested party, in the same manner provided in subsection (g) above. Notice of the hearing shall be published in the same manner provided in subsection (g) above.

(7)

Upon expiration of the period of appeal provided in the notice of violation, if the property has not been secured or permits for repair obtained in the manner stipulated in the notice, the building official may file an appropriate instrument in the public records in the manner provided in subsection (g) above.

(8)

The periods set forth in the notice of violation for bringing the structure into compliance with the building code may be extended by the building official for one or more additional periods which in the aggregate do not exceed an additional 180 days, provided all of the conditions of this subsection are met. Application for the extension must be made in writing by the interested party to the building official prior to the expiration of the period allowed for compliance, and shall set forth to the reasonable satisfaction of the building official that the extension is warranted by one or more of the following circumstances:

a.

The interested party has a demonstrated financial hardship that will prevent the interested party from completing a building or structure;

b.

The interested party has filed a completed zoning hearing application which affects the final completion of the building or structure and which zoning hearing request has not received final approval or rejection from the city or applicable governmental agency, including any or all appeals to court, for circumstances outside of the control for the interested party;

c.

The building or structure is a multiple dwelling structure as defined in the building code and demolition of any unit comprising that structure compromises the structural integrity of the entire multi-unit structure, where the completion of the structure is outside of the control of the interested party;

d.

The building or structure is the subject of pending litigation that renders it impossible for the building or structure to be completed;

e.

The building or structure is the subject of a good faith insurance claim, the proceeds of which are intended to be utilized for repair and completion;

f.

The building or structure is the subject of a pending sale to be closed within a reasonable time from the date the extension is requested, where the buyer has executed a written commitment to the building official to complete the structure within the applicable extension period.

The written application for extension shall further represent to the building official that the building or structure is and has at all times been in full compliance with all of the conditions set forth in this subsection.

(9)

Upon receipt of the written application, the building official shall be authorized to extend the date of full completion and compliance with the building code provided:

a.

The completed written application demonstrates to the reasonable satisfaction of the building official that one or more of the conditions set forth above exist with respect to the building or structure;

b.

The building or structure is not open, vacant or abandoned, having been secured at doors and windows in a manner acceptable to the building official; and

c.

The interested party has paid all reasonable costs of enforcement.

(10)

Any interested party may appeal to the unsafe structures board a decision to grant or deny the extension. Such appeal must be filed within 30 days of the date of mailing of the building official's written notice of his or her decision with respect to the application for extension.

(d)

Public hearing.

(1)

On the day established in the notice of public hearing the unsafe structures board shall review all pertinent evidence and hear all testimony from the building official, the owner and other parties in interest and their respective witnesses.

(2)

The unsafe structures board may order repair, securing, and/or demolition of the structure upon application of the standards set forth in this article. The unsafe structures board may modify, rescind, or uphold the decision of the building official as recited in the notice of violation. The unsafe structures board shall modify or rescind a decision of the building official only upon a finding that the building official was in error in the interpretation or application of the building code. The unsafe structures board shall not exceed the time frames allowed for repair and completion of buildings and structures specifically set forth in this article, except where the work involved reasonably requires such additional time.

(3)

The board's order shall be filed as a lien against the property. A copy of the order shall be forwarded to the owner, and all interested parties by registered or certified mail, and a copy thereof posted on the property.

(4)

If the owner or interested party fails to comply with the order of the unsafe structures board within the time stipulated therein and such order is to repair, complete or secure the building to make safe, then the building official shall cause such building to be vacated, if occupied; and shall through his employees or through a contractor enforce the order of the unsafe structures board or building official. Buildings shall be secured with concrete block or other materials of the same durability as determined by the building official. Swimming pools shall be secured by fencing or by using another approved method as determined by the building official.

(5)

If the order of the unsafe structures board is to demolish the building or structure and to remove or salvage contents, debris and abandoned property from the premises, and the owner or those responsible shall have failed to comply with such order, then the building official may do so. Swimming pools shall be demolished by removal of any stagnant water and any above ground parts of the structure, breaking open the bottom and filling with sand or clean fill level to the existing grade.

(e)

Multi-unit structures.

(1)

This subsection shall be applicable to all multi-unit structures. As used in this subsection, the term multi-unit structures means all townhouses and other structures which contain units divided by one or more common walls, where the structural integrity of any component unit depends upon the structural integrity of one or more other units in the same structure. In the event that the owner or other interested party fails to comply with any order of the unsafe structures board in connection with any multi-unit structure, then in addition to any other right or remedy contained in this section, the city shall be authorized, but not required, to secure the structure in the manner set forth in this subsection. In addition, and not in derogation of the use of other methods contemplated by this section for enforcing the building code with respect to any structure, multi-unit structures may be secured by performing whatever work the building official may determine is reasonably necessary to preserve the structural integrity, water-tightness, or safety of adjacent units or the surrounding community which work may include, but not be limited to, roofing, windows, and electrical.

(2)

The procedure for enforcement of this Code set forth above shall be in addition to, and not in derogation of, other procedures available to the building official pursuant to the building code. The provisions of this subsection are not intended to exonerate any owner or other interested party from compliance with the building code or any order of an unsafe structures board.

(f)

Recovery of cost.

(1)

All costs incurred pursuant to any of the provisions of this section shall be paid by the owner, interested party, or occupant of the premises on which the violation occurred.

(2)

The building official shall file among his or her records an affidavit stating with fairness and accuracy the items of expense and the date of execution of actions authorized by this article.

(3)

Any other employee, official or agency who incurs costs while executing any provision within this article shall create an affidavit stating with fairness and accuracy the items of expense and the date of execution of actions authorized by this section. That affidavit shall be given to the building official responsible for the unsafe structure at issue and filed among his or her records for that property.

(4)

After three months from the date of filing any liens that remain unpaid, the city may institute a suit in accordance with Florida Statutes to recover such expenses against any liable person or may cause such expenses to be charged against the property on which the violation occurred as a lien or as a special assessment lien collectible according to established procedures.

(5)

Liens created pursuant to this section may be discharged and satisfied by paying to the city the amount specified in the notice of lien, together with interest thereon from the date of the filing of the lien computed at the rate of 12 percent per annum, together with the administrative costs, filing and recording fees and fees paid to file a satisfaction of the lien in the public records. When any such lien has been discharged, the city shall promptly cause evidence of the satisfaction and discharge of such lien to be recorded in the public records.

(6)

The remedies and procedures for recovery of costs provided in this article shall be in addition to and not in derogation of other [costs] provided in the building code or otherwise provided by law.

(Code 1980, § 14-12; Ord. No. 2019-005, § 2, 3-20-2019)

The code enforcement board, pursuant to its authority under this Code, shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged; however, cases concerning unsafe buildings and structures shall be heard and decided by the unsafe structures board.

(Code 1980, § 14-13)

(a)

The city shall have an unsafe structures board which shall hear unsafe structures cases, and appeals of decisions of the city building official declaring properties and their structures and accessory structures to be unsafe where there is a danger to the health, safety, and welfare of the citizens in the community. The board shall be composed and shall function in the manner prescribed in section 116 of the Broward County Amendments to the Florida Building Code. All provisions of chapter 2, article III, division 1, not in conflict shall apply to the board.

(b)

As an alternative to the use of its own unsafe structures board, the city may elect to utilize, by means of an applicable inter-local agreement, the county unsafe structures board or that of another municipality located within the county.

(c)

Requests for extensions of time. If the city elects to maintain a board in accordance with subsection (a) above, any owner or authorized representative may seek an extension of the timeframes set forth in an order of the unsafe structures board. Such request for a hearing to seek such extension must be in writing, directed to the unsafe structures board. The unsafe structures board shall not be authorized to extend any deadline for compliance, set forth in the order, unless the secretary of the unsafe structures board receives the written request for extension prior to the deadline specified in the initial order. For example, in the event the unsafe structures board order states that a permit must be obtained within a specified period, the request for extension of the deadline to obtain the permit must be received prior to the expiration of that specified period. If the same order provides a deadline for completion of the structure, the request for the extension for the deadline of completion must be received prior to the deadline for completion, provided that the applicant has complied with the permit deadline. In no event may the unsafe structures board grant more than one extension of time for each initial order.

To obtain an extension, the owner or applicant must demonstrate to the reasonable satisfaction of the unsafe structures board that the structure that is the subject of the order is secure at the time the extension is sought and that the owner or applicant has made a good faith attempt to comply with the order which has been impeded by changed circumstances or other circumstances outside of the owner or applicant's control. As a further condition of the extension, the owner or applicant must submit in writing, together with the petition for an extension, a written timetable for compliance with the substantive provisions of the order and for completion of all necessary repairs. The unsafe structures board shall not reconsider the order, limiting its consideration of the petition to deciding whether the grounds for an extension have been satisfied in the manner set forth in this subsection.

(Ord. No. 2019-005, § 2, 3-20-2019; Ord. No. 2024-019, § 2, 8-7-2024)

The purpose and intent of this section is to prohibit the following:

(1)

Accumulation of trash, junk, or debris, living and nonliving plant material, and stagnant water;

(2)

Excessive and untended growth of grass, weeds, brush, branches, and other overgrowth; and

(3)

The existence of all other objectionable, unsightly or unsanitary matter, materials, and conditions on property, whether improved or unimproved.

(4)

Property being inhabited by, or providing a habitat for rodents, vermin, reptiles, or other wild animals.

(5)

Property providing a breeding place for mosquitoes.

(6)

Property being a place, or being reasonably conducive to serving as a place, for illegal or illicit activity.

(7)

Property threatening or endangering the public health, safety or welfare of city residents.

(8)

Property reasonably believed to cause currently, or potentially to cause in the future, ailments or disease.

(9)

Property adversely affecting and impairing the economic value or enjoyment of surrounding or nearby property.

(Ord. No. 2009-13, § 1, 9-16-2009)

These words, terms and phrases, when used in this section, will mean the following:

Actual cost means the actual cost to the city, and if by contract the amount plus interest, if any, as invoiced by an independent, private contractor for terminating and abating a violation of this section on a lot, tract, or parcel, plus the cost of serving notice of the violation, obtaining title information on the property, and all other identifiable costs incurred by the city in the clean-up of the lot, tract, or parcel.

Compatible electronic medium or media means machine-readable electronic repositories of data and information, including, but not limited to, magnetic disk, magnetic tape, and magnetic diskette technologies, which provide without modification that the data and information therein are in harmony with and can be used in concert with the data and information on the ad valorem tax roll keyed to the property identification number used by the Broward County Property Appraiser.

Compost bin means a container designed for the purpose of allowing nonliving plant material to decompose for use as fertilizer. For purposes of this article, any such compost bin shall be constructed of wire, wood lattice or other material which allows air to filter through the structure. A compost bin shall not exceed an area of 64 square feet or a height of five feet.

Excessive growth means grass, weeds, rubbish, brush, branches, or undergrowth that has reached a height of eight inches or more.

Fill means material such as dirt that is imported and deposited on property by artificial means.

Grass, weeds, or brush means grass or weeds or brush that, when allowed to grow in a wild and unkempt manner, will reach a height of eight inches or more. This definition does not include bushes, shrubs, trees, vines, flowering plants, and other living plant life typically used and actually being used for landscaping purposes.

Imminent public-health threat means the condition of a lot, tract, or parcel of land that, because of the accumulation of trash, junk, or debris, such as broken glass, rusted metal, automotive and appliance parts, some of which may contain chemicals, such as freon, oils, fluids, or the like, may cause injury or disease to humans or contaminate the environment, or the condition of a lot, tract or parcel that, because of the excessive growth of grass, weeds, or brush, can harbor criminal activity, vermin, or disease.

Levy means the imposition of a non-ad valorem assessment against property found to be in violation of this section.

Non-ad valorem assessment means a special assessment that is not based upon millage and that can become a lien against a homestead as permitted in Section 4 of Article X of the Florida Constitution.

Non-ad valorem assessment roll means the roll prepared by the city and certified to the Broward County Property Appraiser Tax Collector, as appropriate under Florida law, for collection.

Nonliving plant material means nonliving vegetation such as leaves, grass cuttings, shrubbery cuttings, tree trimmings and other material incidental to attending the care of lawns, shrubs, vines and trees.

Property means a lot or tract or parcel of land and the adjacent unpaved and ungraded portion of the right-of-way, whether such lot or tract or parcel is improved or unimproved.

Trash, junk, or debris means waste material, including, but not limited to, putrescible and nonputrescible waste, combustible and non-combustible waste, and generally all waste materials such as paper, cardboard, tin cans, lumber, concrete rubble, glass, bedding, crockery, household furnishings, household appliances, dismantled pieces of motor vehicles or other machinery, rubber tires, and rusted metal articles of any kind.

(Ord. No. 2009-13, § 1, 9-16-2009)

The (i) accumulation of trash, junk, or debris, living and nonliving plant material, or stagnant water upon property; (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth upon property; and (iii) the keeping of fill in a unsafe and unsanitary manner is declared to be a nuisance and menace to the public health, safety, and welfare of the citizens of the city for the following reasons:

(1)

The aesthetic appearance of property preserves the value of other properties within the city.

(2)

The (i) accumulation of trash, junk, or debris, nonliving plant material, or stagnant water; (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth; and (iii) the keeping of fill in an unsafe and unsanitary manner is dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of average sensibilities, and a visual nuisance because it depreciates, or potentially can depreciate, the value of neighboring property, that unless addressed properly in this Code of Ordinances, city taxpayers could be and would be required to pay the cost of cleaning up such properties, and such clean-ups would have to be undertaken by the city several times a year, in some cases for the same properties.

(Ord. No. 2009-13, § 1, 9-16-2009)

(a)

Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control accumulations of trash, junk, or debris, living and nonliving plant material, and stagnant water (i) on the property; and (ii) that portion of the adjoining public right-of-way between the property and the paved or graded street.

(b)

The following uses are permissible:

(1)

Storage of trash, junk, debris, and living and nonliving plant material in garbage cans that comply with applicable ordinances relating to solid-waste collection.

(2)

The storage of nonliving plant material in compost bins, except that no property may have more than two compost bins.

(3)

Keeping wood on the property for use as fire or fuel, provided, such wood shall be piled, stacked, bundled, or corded and the area surrounding the piles, stacks, bundles, or cords shall be free of excessive growth of grass, weeds, brush, branches, and other overgrowth.

(Ord. No. 2009-13, § 1, 9-16-2009)

Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control the excessive growth of grass, weeds, brush, and other overgrowth (i) on the property; and (ii) that portion of the adjoining public right-of-way between the property and the paved or graded street. Excessive growth of grass, weeds, brush, and other overgrowth that exceeds the height limitations as provided for in section 13-37(b) of this Code, as may be amended from time to time, is prohibited.

Vegetative growth that is a mature Florida ecological community, as defined by the soils conservation service in its publication entitled 26 Ecological Communities in Florida, or any similar successor publication, is not prohibited by this section. However, in the event this vegetative growth constitutes an imminent public health threat, it shall be removed upon the order of the city manager.

(Ord. No. 2009-13, § 1, 9-16-2009)

Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control the property so as to prevent the keeping of fill on it to prevent the creation of:

(1)

A habitat for rodents, vermin, reptiles, or other wild animals;

(2)

Breeding ground for mosquitoes;

(3)

A place conducive to illegal activity;

(4)

A place that threatens or endangers the public health, safety or welfare of city residents;

(5)

A place that is reasonably believed to cause currently, or potentially to cause in the future, ailments or disease; or

(6)

A condition on the property that adversely affects and impairs the economic value or enjoyment of surrounding or nearby property.

(Ord. No. 2009-13, § 1, 9-16-2009)

An (i) accumulation of trash, junk, debris, living and nonliving plant material, or stagnant water; (ii) excessive growth of grass, weeds, brush, or other overgrowth; or (iii) the keeping of fill on property that presents an imminent public-health threat may be remedied by the city immediately without notice to the owner or, if applicable, the agent, custodian, lessee, or occupant. The city Manager shall determine whether, under the provisions of this section, an imminent public-health threat exists.

After-the-fact notice will be provided by the city to the owner and, if applicable, the agent, custodian, lessee, or occupant within a reasonable time after the abatement. After-the-fact notice shall be sent as set forth in section 14-97 below, and the owner and, if applicable, the agent, custodian, lessee, or occupant shall have seven days from the date notice is received to (i) reimburse the city; or (ii) appeal the city manager's determination to the city commission that an imminent public-health threat existed on the property.

(Ord. No. 2009-13, § 1, 9-16-2009; Ord. No. 2020-024, § 1, 9-16-2020)

(a)

Violations. Failure or refusal by the owner and/or, if applicable, the agent, custodian, lessee or occupant of property to comply with the requirements of sections 14-93, 14-94, and/or 14-95 is a violation of this article. The existence of an imminent public-health threat on a property is a violation of this article.

(b)

Notice of violation. Whenever the city manager or her designee determines there is a violation of this article, the city manager shall serve, or cause to be served, a "notice of violation" on the owner and, if applicable, the agent, custodian, lessee, or occupant of the property. The "notice of violation" shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to terminate and abate the violation within ten calendar days of the date the "notice is received." If the "notice of violation" pertains to an imminent public-health threat abated by the city, the notice shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to pay to the city the cost of such abatement.

If the notice of violation is sent or delivered to the owner and the owner's agent, custodian, lessee, or occupant, they shall be jointly and severally responsible to remedy the violation.

(c)

Notice is received. The "notice of violation" shall be sent by United States certified mail with a return receipt requested. "Notice is received" on the date the owner or, if applicable, the agent, custodian, lessee, or occupant of the property initials or otherwise indicates receipt of the notice on the return receipt.

In the event that certified-mail delivery cannot be accomplished, and after reasonable search by the city for such owner or, if applicable, the agent, custodian, lessee, or occupant of the property, or if the notice is not accepted or is returned to the city, a physical posting of the "notice of violation" on the property shall be deemed the date the "notice of violation" is received.

(d)

Form of notice. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

Name of owner: _______

Address of owner: _______

Name of agent, custodian, lessee, or occupant (if applicable): _______

Address of agent, custodian, lessee, or occupant (if applicable): _______

Our records indicate that you are the owner, agent, custodian, lessee or occupant of the following property in the City of Hallandale Beach, Florida:

[description of property]

An inspection of this property discloses, and I have found and determined, that a public nuisance exists on this property. This public nuisance violates [description of section violated] of the Code of Ordinances of the City of Hallandale Beach, Florida in that:

[description of the violation in this section]

YOU ARE HEREBY NOTIFIED THAT IF, WITHIN TEN DAYS ( 10) FROM THE DATE OF THIS NOTICE,

a. THE VIOLATION DESCRIBED ABOVE IS NOT REMEDIED AND ABATED, OR

b. THIS VIOLATION NOTICE HAS NOT BEEN TIMELY APPEALED, AS SET FORTH IN SUBSECTION 14-98 OF THE CITY'S CODE OF ORDINANCES, THE CITY WILL CAUSE THE VIOLATION TO BE REMEDIED, AND THE COSTS INCURRED BY THE CITY IN CONNECTION WITH THE CLEANUP WILL BE ASSESSED AGAINST THE PROPERTY. To appeal this notice of violation, you must file your notice of appeal no later than 7 days after receipt of this notice with the City Clerk.

City of Hallandale Beach

By: _______

Title: _______

If the notice is an after-the-fact notice of an imminent public-health threat, the capitalized portions shall be deleted and, in their place, the information required in section 14-101 (a) through (f) regarding levy of assessment on the property for the costs of abatement incurred by the City shall be substituted.

(Ord. No. 2009-13, § 1, 9-16-2009; Ord. No. 2020-024, § 1, 9-16-2020)

Within seven days after notice is received, the owner or, if applicable, the agent, custodian, lessee, or occupant of the property may appeal to the city commission that a "notice of violation" is not warranted for the property or that the property did not pose an imminent public-health threat that required immediate cleanup.

(1)

Content of appeal. The owner or, if applicable, the agent, custodian, lessee, or occupant of the property must appeal the notice of violation by written notice to the city clerk. The written notice must be accompanied by a reasonable filing fee, as determined by the city clerk, and shall be either hand delivered to the city manager, or mailed to the city clerk and postmarked, within the seven-day period after notice is received.

Upon timely receipt, the city manager will schedule the appeal for a public hearing before the city commission. At the public hearing, the appellant shall be afforded due process and may present such evidence as is probative of the appellant's case. The city manager or other city staff shall present such evidence as is probative of the alleged violation. Members of the public shall be afforded the opportunity to present germane testimony and evidence. Thereafter, the hearing shall be closed and the city commission shall rule on the appeal.

(2)

Unsuccessful appeal. If the appeal is unsuccessful, the property must be "cleaned up" and the violation remedied and removed within ten days from the date of the city commission's decision.

(Ord. No. 2009-13, § 1, 9-16-2009; Ord. No. 2020-024, § 1, 9-16-2020)

In the event an appeal is not made within seven days after notice is received and the violation is not remedied, or a timely appeal is made, but is unsuccessful and the violation is not remedied, the city may undertake such action as is necessary or useful to remedy the violation. The costs incurred by the city to remedy the violation, including the actual cost of clean-up, all administrative expenses, and all other identifiable costs incurred by the city, shall be assessed against the property as authorized by section 14-101. All assessments shall be paid in full no later than the close of city business on the 20th business day after the property owner has received notice of the assessment. Thereafter, the unpaid amount of the assessment will accrue interest at the rate of ten percent per annum or at the maximum rate allowed by law, whichever is less.

(Ord. No. 2009-13, § 1, 9-16-2009; Ord. No. 2020-024, § 1, 9-16-2020)

Upon completion of the actions undertaken by the city to remedy the violation on the property, the city shall notify in writing the owner and, if applicable, the agent, custodian, lessee, or occupant that a special assessment has been imposed on the property. The notice shall be delivered to the owner and, if applicable, the agent, custodian, lessee, or occupant in the manner set forth for delivery of the notice of violation in section 14-97.

The notice of assessment shall set forth the following:

(1)

A description of the violation, a description of the actions taken by the city to remedy the violation, and the fact that the property has been assessed for the costs incurred by the city to remedy the violation.

(2)

The aggregate amount of such costs and an itemized list of such costs.

(3)

The intent of the city to record the assessment as a lien against the property if not paid timely, within the period of 20 business days as set forth in section 14-99.

(4)

The intent of the city to place the assessment on the tax roll as a non-ad valorem assessment if not paid by the following December 1.

(5)

The potential for the property to be subject to the sale of a tax certificate, bearing interest by law at a rate as high as 18 percent per annum, if the non-ad valorem assessment is not paid as part of the tax bill on the property.

(6)

The potential for the property to be sold and conveyed by tax deed if the tax certificate is not redeemed by payment of the non-ad valorem assessment in full, plus interest, as required by Florida law.

(Ord. No. 2009-13, § 1, 9-16-2009)

(a)

Establishment of special assessment district. The City of Hallandale Beach in its entirety, as its city boundaries exist on the date of enactment of this article and as they may be expanded or contracted from time to time, is hereby declared a special-assessment district for the purposes of abating and remedying violations of this article. Individual properties within the city's boundaries, as they may exist from time to time, may be assessed for the costs incurred by the city in abating and remedying violations of this article.

(b)

Levy of non-ad valorem assessments. There is hereby levied, and the city commission is authorized to levy from time to time, a non-ad valorem assessment against each and every property in the city:

(1)

On which there occurs or has occurred a violation of this article;

(2)

The city undertakes or has undertaken action pursuant to this article to abate and/or remedy the violation and, thereby, incurs or has incurred costs; and

(3)

The property owner and, if applicable, the agent, custodian, lessee, or occupant of the property fails or refuses or has failed or refused, for whatever reason, to pay timely the amount owed to the city under this article for the costs incurred by the city in carrying out such abatement and remedy.

(c)

Collection of non-ad valorem assessments. The city commission elects to use the uniform method to impose and collect non-ad valorem assessments against properties on which violations of this article occur or have occurred. The non-ad valorem assessments collected pursuant to this section will be included in the combined notice for ad-valorem taxes and non-ad valorem assessments as provided in F.S. § 197.3635. Non-ad valorem assessments collected pursuant to this section are subject to all collection provisions in F.S. § 197.3632, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment.

(d)

Agreement to reimburse the Broward County Property Appraiser and the Broward County Tax Collector. In order to use the uniform method for the levy, collection, and enforcement of the non-ad valorem assessments, the city is authorized to enter into a written agreement with the Broward County Property Appraiser and the Broward County Tax Collector providing for the reimbursement of their costs incurred in the administration and collection of the non-ad valorem assessments levied under this section.

(e)

Adoption of a resolution. The city commission will adopt a resolution at a public hearing prior to January 1, 2010 or if agreed by the property appraiser, tax collector, and the city by March 1, in accordance with F.S. § 197.3632(3)(a), which resolution shall state the following:

(1)

The city's intent to use the uniform method of collecting non-ad valorem assessments.

(2)

The city's need for the imposition of the non-ad valorem assessments.

(3)

The entire city is declared a special-assessment district, with individual properties being subject to the non-ad valorem assessment from time to time if and when violations of this article occur.

(4)

Publish in a newspaper of general circulation four weeks preceding the hearing of the boundaries of the local government of the properties subject to levy.

(5)

The city shall send a copy of the resolution by January 10, 2010, or March 10, 2010 if agreed by the property appraiser, tax collector, and the city.

The city will comply with all statutory notice prerequisites set forth in F.S. § 197.3632.

(f)

Annual non-ad valorem assessment roll. Each year, the city commission will approve a non-ad valorem assessment roll at a public hearing between January 1 and September 15. The non-ad valorem assessment roll will be comprised of properties that have had levied against them non-ad valorem assessments under this section, and such assessments have not otherwise been paid in full prior to approval of the roll.

The city clerk is authorized and directed each year (i) to prepare the notice that must be provided as required by F.S. § 197.3632(4)(b); and (ii) to prepare and publish the newspaper notice required by F.S. § 197.3632(4)(b).

The notice to be sent by first-class mail will be sent to each person owning property that will be on the non-ad valorem assessment roll and will include the following:

(1)

The purpose of the assessment;

(2)

The total amount to be levied against the parcel, which includes the actual cost incurred by the city;

(3)

A statement that failure to pay the assessment will cause a tax certificate to be issued against the property, which may result in a loss of title;

(4)

A statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and

(5)

The date, time, and place of the hearing.

Upon its approval by city commission, the non-ad valorem assessment roll will be certified to the tax collector as required by law.

(Ord. No. 2009-13, § 1, 9-16-2009)