This article establishes and references procedures through which the city seeks to ensure compliance with the provisions of this Code and obtain corrections for Code violations. It also sets forth the remedies and penalties that apply to violations of this Code. The provisions of this article are intended to encourage the voluntary correction of violations, where possible. This article is intended to complement the code enforcement system established in Chapter 37 (Code Enforcement) of the Code of Ordinances and used by the city for enforcement of city regulations, as well as other means of enforcement available by law, utilized by the City.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

Compliance with all the procedures, standards, and other provisions of this Code is required by all persons owning, developing, managing, using, or occupying land or structures in the city.

(Ord. 2012-64, passed 9-11-12)

Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Code, or the terms or conditions of any development permit or development order or authorization granted in accordance with this Code shall constitute a violation of this Code punishable as provided in this article. Each day a violation continues constitutes a separate violation.

   B.   Development Orders Only Authorize Development Approved

Development orders issued by a decision-making body authorize only the use, arrangement, location, design, density or intensity, and development set forth in such development orders.

(Ord. 2012-64, passed 9-11-12)

It shall be a violation of this Code to undertake any activity contrary to the provisions of this Code, including but not limited to any of the following:

   A.   Develop land or a structure without first obtaining all appropriate development permits, and complying with their terms and conditions.

   B.   Occupy or use land or a structure without first obtaining all appropriate development permits, and complying with their terms and conditions.

   C.   Subdivide land without first obtaining all appropriate development permits required to engage in subdivision, and complying with their terms and conditions.

   D.   Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate development permits, and complying with their terms and conditions.

   E.   Remove existing trees from a site or parcel of land without first obtaining appropriate development permits, and complying with their terms and conditions.

   F.   Disturb any landscaped area or vegetation required by this Code.

   G.   Install, create, erect, alter, or maintain any sign without first obtaining the appropriate development permits, and complying with their terms and conditions.

   H.   Fail to remove any sign installed, created, erected, or maintained in violation of this Code, or for which the development permit has expired.

   I.   Create, expand, replace, or change any nonconformity except in compliance with this Code.

   J.   Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Code.

   K.   Increase the intensity or density of development, except in accordance with the standards of this Code.

   L.   Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Code.

   M.   Remove, reduce, diminish, or alter any landscape requirement standard below the minimum required by a prior landscape plan approved on record.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2019-59, passed 4-23-19)

The owner, tenant, or occupant of any land or structure, and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Code may be held responsible for the violation and subject to the remedies and penalties set forth in this article.

(Ord. 2012-64, passed 9-11-12)

Code Inspectors, as defined in Chapter 37 (Pompano Beach Code Enforcement) of the Code of Ordinances , shall have primary responsibility for enforcing the provisions of this Code in accordance with Chapter 37 and this article, or in assisting the City prosecutor in the prosecution of any violation in the County Court or other court proceeding. The Development Services Director may supplement that responsibility through enforcement actions authorized in this Part, and may delegate such supplemental enforcement authority to other city officials involved with reviewing or inspecting development. All other officers, including law enforcement officers, and employees of the City shall have the duty to assist in enforcing this Code by reporting apparent violations of this Code to a Code Inspector authorized by Chapter 37 or the Development Services Director, and by issuing violations when appropriate.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

On presenting proper credentials, a Code Inspector or the Development Services Director, to the extent permitted by law, may enter on land or inspect any structure to ensure compliance with the provisions of this Code. These inspections shall be carried out during normal business hours unless the Code Inspector or Development Services Director determines there is an emergency necessitating inspections at another time.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

   A.   Violations of any provision in this code may be:

      1.   Prosecuted before the Special Magistrate for Code Enforcement pursuant to Chapter 37 (Pompano Beach Code Enforcement) of the Code of Ordinances ; or

      2.   Prosecuted as a violation in the County Court, punishable under Section 10.99 of the Code of Ordinances , unless otherwise indicated; or

      3.   The remedies in subsections 1 and 2, above, shall not be deemed to prevent the city from seeking other relief as provided by law.

   B.   Demolition by Neglect for Properties Listed on Local Register of Historic Places

      1.   Responsibility to Prevent Demolition by Neglect

   The owner or other person having legal possession, custody, or control of a property containing a structure or site on the Local Register of Historic Places, or a property within a historic district on the Local Register of Historic Places, shall maintain the exterior and structural features of structures or sites on the property and not allow the occurrence of conditions of neglect that constitute or substantially contribute to deterioration threatening the structural integrity of structures or architectural details important to the property's historic, prehistoric, architectural, or cultural character. Failure to meet this responsibility shall be a violation of this Code. Conditions that, if substantial or serious enough, could constitute demolition by neglect include, but are not limited to, the following:

         a.   Defective or deteriorated exterior walls, foundations, or other vertical support that lean, sag, split, list, buckle, or otherwise indicate they are insufficient to safely carry imposed loads;

         b.   Defective or deteriorated flooring or floor supports, ceilings, roofs, roof supports, or other horizontal members that lean, sag, split, list, buckle, or otherwise indicate they are insufficient to safely carry imposed loads;

         c.   Defective or deteriorated foundations that lean, split, settle, list, bulge, buckle, or otherwise indicate they are insufficient to safely carry imposed loads;

         d.   Defective or deteriorated fireplaces or chimneys that lean, settle, list, bulge, buckle, or otherwise indicate they are insufficient to safely support themselves;

         e.   Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;

         f.   Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, deteriorated or crumbling plasters or mortars, or weathering due to lack of paint or other protective covering;

         g.   Rotting, holes, and other forms of decay;

         h.   Deteriorated exterior stairs, porches, handrails, window and door frames, cornices , wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling;

         i.   Heaving, subsidence, or cracking of sidewalks, steps, or pathways;

         j.   Deteriorated fences, gates, and accessory structures;

         k.   Deterioration that has a detrimental effect upon the special character of a historic district as a whole or the unique attributes and character of a historic structure, or site; and

         l.   Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.

      2.   Enforcement

         a.   Enforcement of violations of the requirement to not allow conditions of neglect shall be in accordance with the provisions in this article. The HPC is expressly authorized to determine if a structure or site on the Local Register of Historic Places, or a structure or site within a historic district on the Local Register of Historic Places, is in danger of being demolished by neglect and to file complaints about any properties so determined with the Development Services Director, in accordance with Section 155.8302, Complaints Regarding Violations.

         b.   If the property owner or other person responsible for allowing a structure or site on the Local Register of Historic Places, or a structure or site within a historic district on the Local Register of Historic Places, to be demolished by neglect fails to correct the identified conditions of neglect by the time limit established by an order of the Special Magistrate in accordance with Chapter 37 (Pompano Beach Code Enforcement) of the Code of Ordinances , the Code Inspector shall notify the HPC. The HPC may consider the situation and recommend to the City Commission that, in accordance with authority granted by Chapter 37, the City make repairs necessary to correct the conditions of neglect and place the cost of such repairs as a lien against the property.

      3.   Safeguards from Undue Economic Hardship

         a.   Petition for Consideration of Claim

            i.   After receiving an order to correct conditions of neglect, a property owner may petition the HPC to consider a claim that compliance with the order would create serious undue economic hardship. The petition shall include forms and information as required by the HPC and shall be submitted to the Development Services Director.

            ii.   The Development Services Director shall forward the petition to the HPC to hear and review at its next available regular meeting, and provide notice of the time and place of the meeting to the petitioner.

            iii.   The petitioner shall bear the burden of submitting sufficient evidence to allow the HPC to determine that serious undue economic hardship exists. Such evidence shall include at least the following:

               (A)   For all properties:

                  (1)   Nature of property ownership (individual, business, or nonprofit) or other legal possession, custody, or control;

                  (2)   A description of the structures involved;

                  (3)   Petitioner's financial resources;

                  (4)   Cost of required repairs or other corrective measures;

                  (5)   Amount paid for the property;

                  (6)   Date of purchase;

                  (7)   Party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;

                  (8)   Assessed value of the land and improvements, according to the two most recent assessments;

                  (9)   Any appraisals of the property's value obtained within the previous two years;

                  (10)   Any listing of the property for sale or rent, price asked, and offers received, if any;

                  (11)   Real estate taxes for the previous two years; and

                  (12)   Annual debt service or mortgage payments, if any, for previous two years.

               (B)   For income-producing properties:

                  (1)   The annual gross income from the property for the previous two years;

                  (2)   Annual cash flow, if any, for the previous two years;

                  (3)   The status of leases, rentals, or sales for the previous two years; and

                  (4)   Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed.

            iv.   If any required information is not reasonably available to the petitioner and cannot be obtained by the petitioner, the petition shall include a statement identifying the unobtainable information and the reasons why it cannot be reasonably obtained. Where the unobtainable information concerns financial information, the statement shall include estimates that are as accurate as reasonably practicable.

         b.   HPC Public Hearing and Recommendation to Special Magistrate

            i.   The HPC shall hold a quasi-judicial public hearing on the petition in accordance with the procedures and special considerations required by Section 30.08 of the Code of Ordinances and by state law.

            ii.   The HPC shall review the petition, the record of the order complained of, and any public comments, and shall determine whether the order to correct conditions of neglect would create serious undue economic hardship to the property owner. A serious undue economic hardship exists if compliance with an order to correct conditions of neglect would place an onerous and excessive financial burden on the property owner that would amount to a taking of the property without just compensation—i.e., would leave no reasonable economic use of the property. If the HPC determines serious economic hardship would be created, it shall recommend to the Special Magistrate that the order be vacated.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

The city may use any combination of the following remedies and enforcement powers to administer and enforce this Code, in addition to remedies and enforcement powers authorized by Chapter 37 (Pompano Beach Code Enforcement) of the Code of Ordinances , and Chapter 162, F.S., and prosecution of any violator in the County Court.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

      1.   Whenever construction, demolition, renovation, alteration, or repair of a structure—or work involving landscaping or trees—is being conducted in violation of any applicable provision of this Code, the City may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work.

      2.   Whenever there is a business or commercial use, activity or conduct occurring without a Zoning Use Certificate or Business Tax Receipt, and such use, activity or conduct:

         a.   poses an immediate risk to the public health, safety and welfare;

         b.   contains commercial uses operating in a residential zoning district;

         c.   contains uses that are not permitted in the respective zoning district;

         d.   creates additional traffic or heavy vehicle operations; or

         e.   constitutes a public or chronic nuisance as defined in Sections 33.130, 96.26(C)(14) or 132.38 of the city’s Code of Ordinances,

         the Development Services Director has the discretion to issue a Cease and Desist Notice requiring the business or commercial operation to immediately cease the use, activity or conduct. The Cease and Desist Notice shall be in writing, directed to the business operator and the property owner, and shall state the specific use, activity or conduct that must be ceased, the specific reasons for cessation, and the action or actions necessary to lawfully resume such use, activity or conduct.

      3.   The Stop Work Order or Cease and Desist Notice issued by the Development Services Director may be appealed to the Zoning Board of Appeals pursuant to the provisions of Section 155.2424, Appeal. All other Stop Work Orders or Cease and Desist Notices may be appealed to the authority having jurisdiction.

   B.   Revocation of Permit or Approval

      1.   General

   The City may revoke any development order other than a Zoning Use Certificate by written notice to the holder when false statements or misrepresentations were made in securing the development order, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this Code, or a development permit has been mistakenly granted in violation of this Code.

      2.   Revocation of Zoning Use Certificate

   A Zoning Use Certificate may be revoked or suspended only in accordance with the following provisions.

         a.   The Director of Development Services may revoke, upon written notice provided, an approved Zoning Use Certificate when same has been issued in error or otherwise in violation of the provisions of this Code. Such determination may be appealed to the Zoning Board of Appeals pursuant to the provisions of Section 155.2424, Appeal.

         b.   The Special Magistrate may, following a public hearing, revoke or suspend a Zoning Use Certificate on finding that any of the following conditions exist:

            i.   The holder of the Zoning Use Certificate used fraud or misrepresentation in its description of the conduct or specific nature of the activity at the premises in the application for the Zoning Compliance Permit or a Business Tax Receipt or otherwise provided misleading information in the application process; or

            ii.   The activity at the premises constitutes a public nuisance, based on the use of the business place or premises in a manner as specifically described in Sections 893.138(2) and (3), or 823.05 or 823.10, Florida Statutes; or

            iii.   That activity at the subject location qualifies the premises as a Public or Chronic Nuisance Property as defined in Sections 33.130, 96.26(C)(14) or 132.38 of the city’s Code of Ordinances; or

            iv.   The holder of the Zoning Use Certificate or any of the owners, directors, officers or principals of the specified premises on the Zoning Use Certificate has, within three years of the application date, been convicted of the violation of any of the laws of the United States, the State of Florida or any other state, or the ordinances of the City, where the conviction is specifically related to the conduct of Zoning Use Certificate holder's present business.

         c.   Before a Zoning Use Certificate may be revoked or suspended, the City shall provide the holder of the Zoning Compliance written notice that the Special Magistrate will hold a public hearing to consider revocation of the Zoning Use Certificate. Such notice shall be delivered at least 15 days before the hearing via certified mail, return receipt requested.

         d.   If the Special Magistrate revokes or suspends a Zoning Use Certificate, no portion of the Zoning Use Certificate fee shall be refunded.

         e.   Any final decision by the Special Magistrate on whether or not to revoke or suspend a Zoning Use Certificate shall be immediately reviewable as a matter of right by the Circuit Court by the filing of an appropriate pleading by the aggrieved party within 30 days after the date of the decision.

         f.   Where a revoked or suspended Zoning Use Certificate is for a business engaged in an activity constitutionally protected by the First Amendment, the City shall stay enforcement of the revocation or suspension during the 30-day appeal period and during the pendency of any appeal until a final order is issued by the court. During the appeal process, the business may continue to operate.

         A Community Residence and Recovery Community Certificate may be revoked or suspended only in accordance with the following provisions.

         a.   The Director of Development Services may revoke, upon written notice provided, an approved Community Residence and Recovery Community Certificate when same has been issued in error or otherwise in violation of the provisions of this Code. Said determination may be appealed to the Zoning Board of Appeals pursuant to the provisions of Section 155.2424, Appeal.

         b.   For Community Residence and Recovery Community Certificates that were issued based on inaccurate or fraudulent information, the Special Magistrate, following a public hearing, may revoke or suspend a Community Residence and Recovery Community Certificate on finding that any of the following conditions exist:

            i.   The holder of the Community Residence and Recovery Community Certificate used fraud or misrepresentation in its description of the conduct or specific nature of the activity at the premises in the application for the Zoning Compliance Permit or a Business Tax Receipt; or

            ii.   The activity at the premises constitutes a public nuisance, based on the use of the business place or premises in a manner as specifically described in Sections 893.138(2) and (3), 823.05 or 823.10, Florida Statutes; or

            iii.   That activity at the subject location qualifies the premises as a Public or Chronic Nuisance Property as defined in Sections 33.130, 96.26(C)(14) or 132.38 of the city’s Code of Ordinances; or

            iv.   The holder of the Community Residence and Recovery Community Certificate or any of the owners, directors, officers or principals of the specified premises on the Community Residence and Recovery Community Certificate has been found guilty of or has entered a plea of nolo contendre to, regardless of adjudication, any offense listed in § 435.04(2), F.S., unless the Department of Health has issued an exemption under § 397.4872, F.S.

         c.   Before a Community Residence and Recovery Community Certificate may be revoked or suspended, the City shall provide the holder of the Zoning Compliance written notice that the Special Magistrate will hold a public hearing to consider revocation of the Community Residence and Recovery Community Certificate. Such notice shall be delivered at least 15 days before the hearing via certified mail, return receipt requested.

         d.   If the Special Magistrate revokes or suspends a Community Residence and Recovery Community Certificate, no portion of the Community Residence and Recovery Community Certificate fee shall be refunded.

         e.   Any final decision by the Special Magistrate on whether or not to revoke or suspend a Community Residence and Recovery Community Certificate shall be immediately reviewable as a matter of right by the Circuit Court by the filing of an appropriate pleading by the aggrieved party within 30 days after the date of the decision.

         f.   When a revoked or suspended Community Residence and Recovery Community Certificate is for a community residence or recovery community engaged in an activity constitutionally protected by the First Amendment, the City shall stay enforcement of the revocation or suspension during the 30-day appeal period and during the pendency of any appeal until a final order is issued by the court. During the appeal process, the business may continue to operate.

   C.   Injunction

When a violation occurs, the City may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.

   D.   Order of Abatement

In addition to an injunction, the City may apply for and the court may enter an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:

      1.   That buildings or other structures on the land be closed, demolished, or removed;

      2.   That fixtures, furniture, or other moveable property be moved or removed entirely;

      3.   That improvements, alterations, modifications, or repairs be made;

      4.   That removed trees be replaced; or

      5.   That any other action be taken as necessary to bring the land into compliance with this Code.

   E.   Equitable Remedy

The City may apply to a court of law for any appropriate equitable remedy or other remedy as permitted by law to enforce the provisions of this Code. The fact that other remedies are provided under general law or this Code shall not be used by a violator as a defense to the city's application for equitable relief.

   F.   Execution of Court Decisions

      The City may execute an Order of Abatement if authorized by the Court in said order.

   G.   Denial or Withholding of Related Permits

The City may deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation related to such land, use, or development is corrected and any associated civil penalty is paid.

   H.   Payment into Tree Canopy Trust Fund for Tree Abuse

Any person violating the prohibition of tree abuse in Section 155.5204.G, Tree Abuse, shall make a payment into the city's Tree Canopy Trust Fund in the amount per abused tree set forth in the Appendix to this Code for a first offense, second offense, or third or subsequent offense, as appropriate.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13; Am. Ord. 2018-60, passed 6-12-18; Am. Ord. 2021-48, passed 3-23-21; Am. Ord. 2022-72, passed 9-27-22)

It shall constitute a violation for any person to violate any of the provisions of this Code or fail to abide by or obey all orders and resolutions promulgated as herein. Penalties shall be as provided in Chapter 37 (Pompano Beach Code Enforcement) of the Code of Ordinances and Chapter 162, F.S., or as provided under Section 10.99, or provided by Court Order if applicable.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)

The remedies and penalties provided for violations of this Code, whether civil or criminal, shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order.

(Ord. 2012-64, passed 9-11-12)