HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-029Temp Reso #13895
March 8, 2023
Rev#1 2/15/23
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023- (),A 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF TAMARAC PROVIDING FOR
HEARINGS BY THE BROWARD COUNTY MINIMUM
HOUSING/UNSAFE STRUCTURES BOARD AT A RATE OF
EIGHTY-EIGHT AND 45/100 DOLLARS ($88.45) PER HOUR
FOR THE CODE ENFORCEMENT OFFICER AND THIRTY-
SEVEN AND 70/100 DOLLARS ($37.70) PER HOUR FOR
CLERICAL SUPPORT. INCLUDED IN SAID COSTS ARE
CHARGES FOR MAILINGS, PUBLICATION, PHOTOS,
POSTING OF PROPERTY, AND OTHER ANCILLARY
COSTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac is desirous to maintain the quality of life for the
citizens of Tamarac and unsightly partially destroyed buildings is a detriment to this
goal; and
WHEREAS, in the event a property owner does not repair or demolish his
building within a specified time given by the Chief Building Official, only the Unsafe
Structures Board has the authority to affirm the decision of the Chief Building Official to
have the building repaired or demolished; and
Temp Reso #13895
March 8, 2023
Rev#1 2/15/23
Page 2 of 5
WHEREAS, Broward County offers this service at a nominal fee to all Broward
County municipalities and said fees are recoverable when appropriate liens and
foreclosure of the property takes place; and
WHEREAS, the City previously entered into an agreement with Broward County
for this service by Resolution No. R-2016-85, which expired on September 30, 2021;
and
WHEREAS, Broward County has offered a new agreement at the rate of Eighty-
eight and 45/100 Dollars ($88.45) per hour for the Code Enforcement Officer and Thirty-
seven and 70/100 Dollars ($37.70) per hour for clerical support. Included in said costs
are charges for mailings, publication, photos, posting of property, and other ancillary
costs. Overtime, when approved by City prior to the overtime Services being provided,
shall be at one and one half the normal hourly rate. All hourly charges shall be billed in
increments of thirty (30) minutes. County shall not exceed a total cost, per case, of Five
Hundred and 00/100 ($500.00) without written authorization from City. All costs shall be
properly documented, and such documentation provided to City with the monthly
invoices; FOR A PERIOD THROUGH SEPTEMBER 30, 2027, attached hereto as
Exhibit 1; and
WHEREAS, representatives of Broward County and the City of Tamarac have
negotiated means and method to accomplish the objectives of providing Hearings by
the Broward County Minimum Housing/Unsafe Structures Board by execution of this
Interlocal Agreement, which, by its terms, shall provide for certain monetary payments
Temp Reso #13895
March 8, 2023
Rev#1 2/15/23
Page 3 of 5
from the City of Tamarac to the County; and
WHEREAS, available funds exist in the Building Department revenue budget for
said purpose, and where all funds expended are recoverable as provided in Section
116.5.2 of the Broward County Administrative Code to the 7th Edition (2020) Florida
Building Code, attached hereto as Exhibit 2; and
WHEREAS, the Chief Building Official recommends that the City enter into the
Interlocal Agreement with Broward County providing for Hearings by the Broward
County Minimum Housing/Unsafe Structures Board, attached hereto as Exhibit 1; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City officials to execute an Interlocal Agreement with the County regarding
the provision of Hearings by the Broward County Minimum Housing/Unsafe Structures
Board for real property located in the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA.-
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein
and made a specific part hereof.
SECTION 2: The appropriate City Officials are authorized to execute the
Temp Reso #13895
March 8, 2023
Rev#1 2/15/23
Page 4 of 5
attached Interlocal Agreement between the City of Tamarac and Broward County for the
provision of Hearings by the Broward County Minimum Housing/Unsafe Structures
Board for real property located in the City of Tamarac (attached hereto as "Exhibit 1 ") at
rate of Eighty-eight and 45/100 Dollars ($88.45) per hour for the Code Enforcement
Officer and Thirty-seven and 70/100 Dollars ($37.70) per hour for clerical support.
Included in said costs are charges for mailings, publication, photos, posting of property,
and other ancillary costs. Overtime, when approved by City prior to the overtime
Services being provided, shall be at one and one half the normal hourly rate. All hourly
charges shall be billed in increments of thirty (30) minutes. County shall not exceed a
total cost, per case, of Five Hundred and 00/100 ($500.00) without written authorization
from City. All costs shall be properly documented, and such documentation provided to
City with the monthly invoices; FOR A PERIOD THROUGH SEPTEMBER 30, 2027. All
costs shall be properly documented, and such documentation provided to the City with
the monthly invoices.
SECTION 3: Funding is available for these services in the building fund
Contractual Services; Other Contractual Services Account.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
Temp Reso #13895
March 8, 2023
Rev#1 2/15/23
Page 5 of 5
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this � day of M/KC/4
ATTEST:
IMBERLY ILLON, CMC
CITY CLERK
d-171"d
MICHELLE J. O EZ
MAYOR
2023.
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
yes
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHT JR
`/E-<
DIST 3: COMM. VILLALOBOS
6-
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
AN b TT I h OT
CITY ATTORNEY
Instr# 118774666 , Page 1 of 14, Recorded 04/04/2023 at 04:26 PM
Broward County Commission
Mtg Doc Stamps: $0.00 Int Tax: $0.00
Return recorded document to:
Hipolito Cruz, Jr., Director
Broward County Building Code Division
2307 West Broward Boulevard, Suite 300
Fort Lauderdale, Florida 33312
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY
AND CITY OF TAMARAC FOR TR#13895
BROWARD COUNTY STAFF SERVICES 02/06/23
IN CONNECTION WITH HEARINGS BEFORE THE Exh #1
UNSAFE STRUCTURES BOARD
This Agreement is made and entered into by and between Broward County, a
political subdivision of the State of Florida, hereinafter referred to as "County,"
and
City of Tamarac, a municipal corporation existing under the laws of the state of
Florida, hereinafter referred to as "City," collectively referred to as the "Parties."
A. This Agreement is entered into pursuant to Section 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969."
B. County maintains an Unsafe Structures Board ("Board") that hears and
disposes of cases brought by Building Officials to enforce minimum standards of
maintenance in accordance with the Florida Building Code.
C. Pursuant to Chapter 5 of the Broward County Code of Ordinances, the
Board is authorized to hear and dispose of cases brought by Building Officials. -
D. 'City is desirous of utilizing the Board to hear and dispose of cases brought
by the City Building Official.
E. Pursuant to Chapter 5 of the Broward County Code of Ordinances and
Section 116 of the Florida Building Code, the Board has the authority to hear and
dispose of cases brought by the City Building Official.
F. County is willing to prepare and present cases brought by the City Building
Official ("Services") on the terms and conditions hereinafter set forth.
aoprbved BCC
Submitted By
RETURN TO DoCUMEIVT ONTROL
1�
Instr# 118774666 , Page 2 of 14
Now, therefore, in consideration of the mutual covenants, promises, payments,
and representations herein, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
ARTICLE 1 - SCOPE OF SERVICES
1.1 County agrees to make the Board available to hear and dispose of cases brought
by the City Building Official for violations of the Florida Building Code.
1.2 Once City Building Official determines that a violation exists, County shall be
responsible for:
(a) filing a case with the Board on behalf of City; and
(b) noticing and conducting the hearings in accordance with laws, rules, and
regulations governing hearings before the Board.
1.3 County shall perform the above -described functions through the Building Code
Division, or any successor entity.
1.4 City shall be responsible for ensuring that the appropriate witnesses attend the
hearing(s) to provide the relevant testimony and evidence and for implementing the
orders and directives of the Board to cause the violation(s) to be corrected. The Parties
acknowledge that County is merely performing processing functions and providing
access to the Board as a vehicle for City to enforce the provisions of the Florida Building
Code. Accordingly, consistent with Article 5, City retains the responsibility for filing or
defending any appeal(s) of Board orders or defending legal actions arising from
enforcement actions taken by City pursuant to a Board order.
ARTICLE 2 - FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
It is specifically understood and agreed that all rights and powers as may be vested in
City pursuant to Chapter 166, Florida Statutes, or any other law, ordinance, or Charter
provision of City not specifically addressed by this Agreement shall be retained by City.
ARTICLE 3 - COMPENSATION
3.1 County shall provide Services at the rate of Eighty-eight and 45/100 Dollars
($88.45) per hour for the Code Enforcement Officer and Thirty-seven and 70/100
Dollars ($37.70) per hour for clerical support. Included in said costs are charges for
mailings, publication, photos, posting of property, and other ancillary costs. Overtime,
when approved by City prior to the overtime Services being provided, shall be at one
and one half the normal hourly rate. All hourly charges shall be billed in increments of
thirty (30) minutes. County shall not exceed a total cost, per case, of Five Hundred and
00/100 ($500.00) without written authorization from City. All costs shall be properly
documented and such documentation provided to City with the monthly invoices.
E
Instr# 118774666 , Page 3 of 14
3.2 County shall invoice City on a monthly basis for actual services provided during
the preceding month. City shall reimburse County within thirty (30) days after the date of
the invoice.
3.3 Fines and liens recorded against property shall run in favor of City.
3.4 The amounts set forth in Section 3.1 shall be adjusted annually by County by an
amount not to exceed five percent (5%) to address increases in operating and labor
costs. Notwithstanding the foregoing, County may also adjust the amounts set forth
above by amounts exceeding five percent (5%) in order to address natural disasters
and other unforeseen events and circumstances. No later than May 1st of each year,
County shall provide City with notice of anticipated increases, if any. Any increases shall
take effect on October 1s1, following the May 1st notification.
3.5 City shall be responsible for the actual costs of the services delineated necessary
to implement orders and directives of the Board to cause the violations(s) to be
corrected. Such costs shall include, but are not be limited to, boarding up property and
demolition necessary to remove the violation(s).
ARTICLE 4 - TERM OF AGREEMENT
4.1 This Agreement shall commence on the date it is fully executed by the Parties
and recorded in the Public Records of Broward County and shall continue in full force
and effect until midnight, September 30, 2027.
4.2 This Agreement shall continue in full force and effect unless written notice of
termination by County or City is provided pursuant to Article 8, Notices. Unless
terminated as provided in Article 7, Termination, this Agreement may be renewed for
successive five (5) year periods upon request of City and upon written acceptance by
the County Administrator.
ARTICLE 5 - GOVERNMENTAL IMMUNITY; INDEMNIFICATION
Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor
shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. City and County are
state agencies or political subdivisions as defined in Chapter 768.28, Florida Statutes,
and agree to be fully responsible for the acts and omissions of their agents or
employees to the extent permitted by law. Notwithstanding the foregoing and to the
extent City presents cases before the Board pursuant to this Agreement, the Board is
not an agent of County. Accordingly, City agrees to indemnify and defend Broward
County and its officers, directors, agents, and the Board from any and all claims, causes
of action, and demands of any nature, whether known or unknown, arising out of or in
connection with the Board's disposition of any case(s) heard on behalf of City pursuant
to this Agreement.
3
Instr# 118774666 , Page 4 of 14
ARTICLE 6 - INSURANCE
County is self -insured in accordance with provisions set forth within Section 768.28,
Florida Statutes.
ARTICLE 7 - TERMINATION
This Agreement may be terminated by either party upon thirty (30) days notice to the
other party of such termination pursuant to Article 8, Notices. Within sixty (60) days of
termination of this Agreement, County shall forward to City all documentation related to
cases previously heard or being prepared to be heard by the Board.
ARTICLE 8 - NOTICES
Any and all notice required or given under this Agreement shall be in writing and may be
delivered in person or by placing in United States mail, postage prepared, first class and
certified, return receipt requested, addressed as follows:
To County:
Director, Broward County Building Code Division
2307 West Broward Boulevard, Suite 300
Fort Lauderdale, Florida 33312
With copy to:
County Administrator
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
To City:
City Manager and City Attorney
City Hall
7525 NW 88th Avenue
Tamarac, Florida 33321
ARTICLE 9 - MISCELLANEOUS PROVISIONS
9.1 Public Records. The Parties shall comply with all public records requirements of
Chapter 119, Florida Statutes, as may be required by law.
IF EITHER PARTY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO A
PARTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE BROWARD COUNTY
CUSTODIAN OF PUBLIC RECORDS, ANDREA RULKA, AT
(954) 765-4400, ext. 5152, ARulka@broward.org, 2307 WEST
4
Instr# 118774666 , Page 5 of 14
BROWARD BOULEVARD, SUITE 300, FORT LAUDERALE,
FLORIDA 33312, OR City Clerk, City of Tamarac, 7525 NW 88t'
Avenue,Tamarac,Florida33321,Attn: Kim berly.Dillon@tamarac.
org.
9.2 ASSIGNMENT: County shall perform the selected Services provided for in this
Agreement exclusively and solely for City that is a party to this Agreement. Neither party
shall have the right to assign this Agreement.
9.3 WAIVER: The waiver by either party of any failure on the part of the other party
to perform in accordance with any of the terms or conditions, of this Agreement shall not
be construed as a waiver of any future or continuing similar or dissimilar failure.
9.4 SEVERABILITY: In the event any part of this Agreement is, found to be
unenforceable by any court of competent jurisdiction, that part shall be deemed severed
from this Agreement and the balance of this Agreement shall remain in full force and
effect.
9.5 ENTIRE AGREEMENT: This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings
applicable to the matters contained herein; and the Parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
9.6 INDEPENDENT CONTRACTOR: County is an independent contractor under this
Agreement. Services provided by County pursuant to this Agreement shall be subject to
the supervision of County. In providing such Services, neither County nor its agents
shall act as officers, employees, or agents of City. This Agreement shall not constitute
or make the Parties a partnership or joint venture.
9.7 MODIFICATION: It is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal dignity
herewith. Amendments adding or deleting services to the Scope of Services under
Article 1 may be approved by the County Administrator.
9.8 THIRD PARTY BENEFICIARIES: Neither County or City intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties agree that
there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Agreement.
9.9 COMPLIANCE WITH LAWS: The Parties shall comply with all applicable federal,
state, and local laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Agreement.
4
Instr# 118774666 , Page 6 of 14
9.10 LAW, JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the state
of Florida. The Parties agree that the exclusive venue for any lawsuit arising from,
related to, or in connection with this Agreement shall be in the state courts of the
Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising
from, related to, or in connection with this Agreement must be litigated in federal court,
the Parties agree that the exclusive venue for any such lawsuit shall be in the United
States District Court or United States Bankruptcy Court for the Southern District of
Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
9.11 PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1 through 9 of this Agreement
shall prevail and be given effect.
9.12 DRAFTING: This Agreement has been negotiated and drafted by the Parties and
shall not be more strictly construed against any party because of such party's
preparation of this Agreement.
9.13 INTERPRETATION: The headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this
Agreement. All personal pronouns used in this Agreement shall include the other
gender, and the singular shall include the plural, and vice versa, unless the context
otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter"
refer to this Agreement as a whole and not to any particular sentence, paragraph, or
section where they appear, unless the context otherwise requires. Whenever reference
is made to a section or article of this Agreement, such reference is to the section or
article as a whole, including all of the subsections of such section, unless the reference
is made to a particular subsection or subparagraph of such section or article.
9.14 INCORPORATION BY REFERENCE: Any and all Recital clauses stated above
are true and correct and are incorporated herein by reference.
9.15 REPRESENTATION OF AUTHORITY: Each individual executing this Agreement
on behalf of a party hereto hereby represents and warrants that he or she is, on the
date he or she signs this Agreement, duly authorized by all necessary and appropriate
action to execute this Agreement on behalf of such party and does so with full and legal
authority.
9.16 RECORDING: This Agreement shall be recorded in the Public Records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969.
N.
Instr# 118774666 , Page 7 of 14
9.17 NO CONTINGENT FEES: County warrants that is has not employed or retained
any company or person, other than bona fide employees working solely for County, to
solicit or secure this Agreement, and that has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than bona fide employees working solely
for County, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement.
[Remainder of page intentionally left blank]
7
Instr# 118774666 , Page 8 of 14
IN WITNESS WHEREOF, the Parties hereto have made and executed this
Interlocal Agreement between County and City for Broward County staff services to be
performed by the Broward County Building Code Division of the Resilient Environment
Department in connection with hearings before the Unsafe Structures Board, on the
respective dates under each signature: Broward County, signing by and through its
County Administrator, authorized to execute same by Board action on the 14th day of
December, 2010, and City, signing by and through its aL p, duly
authorized to execute same by Commission action on the 1 +l day of
hCMne'( , 20—LL—.
F64'
r
"/W_5M
- ! r,
r Zi ; CREATED
O : OCT 1st a : E
1915 co
s COUN'ole
. �a
�«11,1 ttll1111t
County
Broward County, by and through
its County Adminis ta-r or designee
By
Broward County Adm(istrator
�tday of (l t , 20');-
Approved as to form by
Andrew J. Meyers
Broward County Attorney
,Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Digitally signed by MAITE
MAITE AZCOITIA^AZCORIA
By / Date: 2023.03.27 11:01:52-04'00'
Maite Azcoitia (Date)
Deputy County Attorney
Instr# 118774666 , Page 9 of 14
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF
TAMARAC FOR BROWARD COUNTY STAFF SERVICES IN CONNECTION WITH
HEARINGS BEFORE THE UNSAFE STRUCTURES BOARD
Attest:
.• ...� -,
City
O ;
ESTABLISHED �C
� O
29 SEAL
• •�v0'
MA/
#21-49
BCSD unsafe Tamarac-a01
c1tv
City of Tamarac
By
Mayor-Commiss ner
to day of 20 23
By G rf
City Manager
A—Oday of rlpwck, 20_g3
APPROVED
W
TO FORM:
Instr# 118774666 , Page 10 of 14
I HEREBY CERTIFY THAT TH S DOCUMENT IS ATRUE
AND CORRECT COPY OF G'0Ls.'--il oN
THE ORIGINAL OF WHICH IS.ON'FILE IN :CITY HALL Temp Reso #13895
WITNESS MY HAND AND OFFIC1AL.SEAL _ March 8, 2fl23
OF THE CITY OF fAMARAC, FLORIDA.- Rev#1 2/15/23
f'�— �"lc-N .203 . Page 1 of 5
THIS
C Y CLERK
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023- CA 1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF TAMARAC PROVIDING FOR
HEARINGS BY THE BROWARD COUNTY MINIMUM
HOUSING/UNSAFE STRUCTURES BOARD AT A RATE OF
EIGHTY-EIGHT AND 45/100 DOLLARS ($88.45) PER HOUR
FOR THE CODE ENFORCEMENT OFFICER AND THIRTY-
SEVEN AND 70/100 DOLLARS ($37.70) PER HOUR FOR
CLERICAL SUPPORT. INCLUDED IN SAID COSTS ARE
CHARGES FOR MAILINGS, PUBLICATION, PHOTOS,
POSTING OF PROPERTY, AND OTHER ANCILLARY
COSTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac is desirous to maintain the quality of life for the
citizens of Tamarac and unsightly partially destroyed buildings is a detriment to this
goal; and
WHEREAS, in the event a property owner does not repair or demolish his
building within a specified time given by the Chief Building Official, only the Unsafe
Structures Board has the authority to affirm the decision of the Chief Building Official to
have the building repaired or demolished; and
Instr# 118774666 , Page 11 of 14
Temp Res #'C3895
11Qard118, 2023
F�i4j 2/15/23
r� Page 2'of 5
WHEREAS, Broward County offers this service at a nominal fee to all Broward
County municipalities and said fees are recoverable when appropriate liens and
foreclosure of the property takes place; and
WHEREAS, the City previously entered into an agreement with Broward County
for this service by Resolution No. R-2016-85, which expired on September 30, 2021;
and
WHEREAS, Broward County has offered a new agreement at the rate of Eighty-
eight and 45/100 Dollars ($88.45) per hour for the Code Enforcement Officer and Thirty-
seven and 701100 Dollars ($37.70) per hour for clerical support. Included in said costs
are charges for mailings, publication, photos, posting of property, and other ancillary
costs. Overtime, when approved by City prior to the overtime Services being provided,
shall be at one and one half the normal hourly rate. All hourly charges shall be billed in
increments of thirty (30) minutes. County shall not exceed a total cost, per case, of Five
Hundred and 00/100 ($500.00) without written authorization from City. All costs shall be
properly documented, and such documentation provided to City with the monthly
invoices; FOR A PERIOD THROUGH SEPTEMBER 30, 2027, attached hereto as
Exhibit 1; and
WHEREAS, representatives of Broward County and the City of Tamarac have
negotiated means and method to accomplish the objectives of providing Hearings by
the Broward County Minimum Housing/Unsafe Structures Board by execution of this
Interlocal Agreement, which, by its terms, shall provide for certain monetary payments
Instr# 118774666 , Page 12 of 14
Temp Reso #13895
March 8, 2023
Rev#1 2/15/23
Page 3 of 5
from the City of Tamarac to the County; and
WHEREAS, available funds exist in the Building Department revenue budget for
said purpose, and where all funds expended are recoverable as provided in Section
116.5.2 of the Broward County Administrative Code to the 7th Edition (2020) Florida
Building Code, attached hereto as Exhibit 2; and
WHEREAS, the Chief Building Official recommends that the City enter into the
Interlocal Agreement with Broward County providing for Hearings by the Broward
County Minimum Housing/Unsafe Structures Board, attached hereto as Exhibit 1; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to authorize the
appropriate City officials to execute an Interlocal Agreement with the County regarding
the provision of Hearings by the Broward County Minimum Housing/Unsafe Structures
Board for real property located in the City of Tamarac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing 'WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein
and made a specific part hereof.
SECTION 2: The appropriate City Officials are authorized to execute the
Instr# 118774666 , Page 13 of 14
Temp Reso #13895
March 8, 2023
Rev#1 2/15/23
Page 4 of 5
attached Interlocal Agreement between the City of Tamarac and Broward County for the
provision of Hearings by the Broward County Minimum Housing/Unsafe Structures
Board for real property located in the City of Tamarac (attached hereto as "Exhibit 1 ") at
rate of Eighty-eight and 45/100 Dollars ($88.45) per hour for the Code Enforcement
Officer and Thirty-seven and 70/100 Dollars ($37.70) per hour for clerical support.
Included in said costs are charges for mailings, publication, photos, posting of property,
and other ancillary costs. Overtime, when approved by City prior to the overtime
Services being provided, shall be at one and one half the normal hourly rate. All hourly
charges shall be billed in increments of thirty (30) minutes. County shall not exceed a
total cost, per case, of Five Hundred and 00/100 ($500.00) without written authorization
from City. All costs shall be properly documented, and such documentation provided to
City with the monthly invoices; FOR A PERIOD THROUGH SEPTEMBER 30, 2027. All
costs shall be properly documented, and such documentation provided to the City with
the monthly invoices.
SECTION 3: Funding is available for these services in the building fund
Contractual Services; Other Contractual Services Account.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
Instr# 118774666 , Page 14 of 14, End of Document
Temp Reso #13895
March 8, 2023
Rev#1 2/15/23
Page 5of5
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 0� day of %� C� , 2023.
ATTEST:
IMBERLY ILLON, CMC
CITY CLERK
jil JXAX, A A 1 4 V I
MICHELLE J. OOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ y6-S
DIST 1: V/M BOLTON YES
DIST 2: COMM. WRIGHT JR `f6-S
DIST 3: COMM. VILLALOBOS q
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
AN O INOT
CITY ATTORNEY
§ 113 BROWARD COUNTY AMENDMENTS
sis of the specific problem. BORA may establish
Panels of Industry, either standing or temporary, for
technical analysis of specific subjects.
113.13 Reciprocity.
113.13.1 BORA shall have the authority to meet
with similarly constituted and authorized boards for
the purposes of discussion, decision, and similar
matters of area -wide industry concern.
113.13.2 Decisions of the majority of all members at
joint meetings as referred to herein, shall not be
binding on BORA. The decisions of joint meetings
with other boards may be- accepted or rejected or
accepted with modifications.
113.14 Review of Board Decisions.
113.14.1 Any person aggrieved by a decision of
BORA, whether or not a previous party to the
decision, may file an appeal pursuant to Section
553.775(3)(c), Florida Statutes. Appeals of deci-
sions within the review jurisdiction of the Florida
Building Commission shall be to the Florida Build-
ing Code in the manner prescribed in the referenced
statute. Review of other decisions of BORA shall be
as provided in the Florida Rules of Appellate Pro-
cedure for judicial review of administrative action.
113.15 Amendments to Code.
113.15.1 The provisions of the SFBC, Broward Lo-
cal Amendments to FFPC, and the FBC as applica-
ble to Broward County, shall be amended only by
BORA and only to the extent and in the manner
specified in this Code, and in Section 553.73(4),
Florida Statutes. For fire code related amendments
see FFPC and Section 633.202, Florida Statutes.
113.15.2 Neither the Broward County Board of
County Commissioners nor any municipality within
Broward County may enact any ordinance in con-
flict with Chapter 71-575, as amended, the Florida
Building Code, or the SFBC.
Section 114 Violations
114.1 Violations and Penalties. Any person, firm, or
corporation, who violates a provision of this Code, or
FFPC or fails to comply therewith, or with any of the
requirements thereof, shall be guilty of a misdemeanor.
Each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof dur-
ing which any violation of any of the provisions of this
FBC 7th Edition, 2020 70
TR #13895
02/06/23
Exhibit #2
Code or FFPC is committed or continued, and upon
conviction of any such violation, such person shall be
punishable by a fine of not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00), or by
imprisonment not exceeding sixty (60) days, or by both
such fine and imprisonment.
Section 115 Stop Work Order
115.1 Authority. Whenever the Building Official or Fire
Chief finds any work regulated by this Code being
performed in a manner either contrary to the provi-
sions of this Code or dangerous or unsafe, the Building
Official or Fire Chief is authorized to issue a stop work
order. See also Sections 105.4, 105.6, 111.4, and 112.3.
115.2 Issuance. The stop work order shall be in writing
and shall be given to the owner of the property in-
volved, or to the owner's agent, or to the person doing
the work, or posted on the job site in a conspicuous
location. Upon issuance of a stop work order, the cited
work shall immediately cease by such persons. The stop
work order shall state the reason for the order, and the
work that is required to correct a violation or unsafe
condition.
115.3 Unlawful continuance. Any person who continues
any work after having been served with a stop work
order, shall be subject to penalties as prescribed by law.
Exception: Work required to correct a violation or
unsafe condition.
Section 116 Unsafe Structures and Equipment
116.1 General.
116.1.1 Buildings or structures that in the opinion of
the Building Official are, or hereafter shall become
unsafe, unsanitary or deficient in adequate facilities
for means of egress, or which constitute a fire or
windstorm hazard, or illegal or improper use, occu-
pancy or maintenance, or which do not comply with
the provisions of the applicable Minimum Housing
Code, or which have been substantially damaged by
the elements, acts of God, fire, explosion or other-
wise shall be deemed unsafe buildings and a permit
shall be obtained to demolish the structure or bring
the building to comply with the applicable Codes.
116.1.2 Incomplete buildings or structures com-
menced without a permit or the permit for which
has expired, or completed buildings or structures
commenced without a permit or the permit for which
FLORIDA BUILDING CODE
expired prior to completion and no Certificate of
Occupancy has been issued, shall be presumed and
deemed unsafe.
116.1.3 Unsafe buildings or structures shall be de-
molished and removed from the premises con-
cerned, or made safe, sanitary and secure in a man-
ner required by the Building Official and as provided
in this Code, provided that where replacement, re-
pair, alteration or demolition is required on Build-
ings or structures within the purview of the applica-
ble Minimum Housing Code, the provisions of such
Code shall be complied with and shall control.
116.1.4 A permit shall be issued for the demolition
of any unsafe building or structure in accordance
with Section 105.18 of this Code.
116.2 Criteria. When any one (1) of the following
conditions exist, a building may be deemed unsafe or a
fire hazard:
116.2.1 Physical Criteria.
116.2.1.1 A Building shall be deemed a fire
hazard and/or unsafe when:
116.2.1.1.1 It is vacant, unguarded and
open at doors or windows.
116.2.1.1.2 There is an unwarranted ac-
cumulation of dust, debris or other com-
bustible material therein.
116.2.1.1.3 The building condition cre-
ates hazards with respect to means of
egress and fire protection as provided
herein for the particular occupancy.
116.2.1.2 A building shall be deemed unsafe
when:
116.2.1.2.1 There is a failure, hanging
loose or loosening of any siding, block,
brick, or other building material.
116.2.1.2.2 There is a deterioration of
the structure or structural parts. ;b23
116.2.1.2.3 The building is partially de-
stroyed.
116.2.1.2.4 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.
FBC 7th Edition, 2020 71
§ 116
116.2.1.2.5 The electrical or mechanical
installations or systems create a hazard-
ous condition in violation of this Code.
116.2.1.2.E An unsanitary condition ex-
ists by reason of inadequate or malfunc-
tioning sanitary facilities or waste dis-
posal systems.
116.2.1.2.7 Swimming pools that con-
tain stagnant water are deemed unsani-
tary and dangerous to human life and
public welfare and shall be presumed
and deemed unsafe.
116.2.1.2.8 By reason of use or Occu-
pancy the area, height, type of construc-
tion, fire -resistivity, means of egress, elec-
trical equipment, plumbing, air
conditioning or other features regulated
by this Code do not comply with this
Code for the use and Group of Occu-
pancy.
116.2.1.2.9 Any mobile home that is be-
ing modified in violation of Department
of Highway safety and motor vehicles
Florida Administrative Code section
15C-2.0081 may be deemed unsafe or a
fire hazard.
116.2.1.3 A Building, or part thereof, shall be
presumed to be unsafe if:
116.2.1.3.1 The construction, installa-
tion of electrical, plumbing or other
equipment therein or thereon, or the par-
tial construction or installation of equip-
ment has been commenced or completed
without a permit therefore having been
obtained or the permit therefore expired
prior to completion and a Certificate of
Occupancy issued.
116.2.1.3.2 By reason of illegal or im-
proper use, occupancy, or maintenance
does not comply with this Code or the
Code in effect at the time of construc-
tion or the applicable Minimum Hous-
ing Code.
116.2.2 Valuation Criteria.
116.2.2.1 If the cost of completion, alteration,
repair and/or replacement of an unsafe build-
ing or structure or part thereof exceeds fifty
§ 116 BROWARD COUNTY AMENDMENTS
(50) percent of its value, such building shall be
demolished 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 fifty (50) per-
cent of such replacement cost, such building
or structure may be repaired and made safe, as
provided in the FBC Existing Building.
116.2.2.2 If the cost of structural repair or
structural replacement of an unsafe building
or structure or part thereof exceeds thirty-
three (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 thirty-three (33) percent of such
replacement cost, such building or structure
or part thereof may be structurally repaired
and made safe, as provided in FBC Existing
Building.
116.2.2.3 In order to determine the value of a
building or structure and the cost of altera-
tions, repairs and replacement, the guides and
standards provided in the FBC Existing Build-
ings shall apply.
116.2.2.4 An Exception to the above percent-
ages may be recognized provided:
116.2.2.4.1 The owner of property has
the ways and means to complete the work.
116.2.2.4.2 All imminent danger has been
removed from the site.
116.2.2.4.3 All applicable Zoning regu-
lations are met.
116.2.2.4.4 All applicable requirements
of other departments and agencies are
met.
116.2.2.4.5 Criteria noted in FBC Exist-
ing Building are followed.
116.2.2.4.6 Any remaining portion of the
structure to be used in rebuilding is cer-
tified as safe by an Engineer or Archi-
tect.
116.3 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
FBC 7th Edition, 2020 72
unsafe Building or structure as defined in this Section,
the Building Official shall post the property concerned
and shall furnish the owner of such Building or struc-
ture with written notice, the manner of posting and
furnishing of written notice is provided hereinafter.
116.4 Posting. The Building Official shall post a signed
notice in a conspicuous location on the building or
structure which has been determined to be unsafe. The
posted notice shall read substantially as follows:
"UNSAFE BUILDING." This building or structure is,
in the opinion of the Building Official, unsafe, as de-
fined in Section 116 of this Code.
This Building Shall Be Vacated — Shall Not Be Occu-
pied. Action shall be taken by the owner as further
prescribed by written notice previously served. This
Notice Shall Not Be Removed Except By The Building
Official. Date
116.5 Emergency Action.
116.5.1 When in the opinion of the Building Offi-
cial, there is actual or immediate danger of the
failure or the collapse of a building or structure, or
there is a health, windstorm or fire hazard, he or she
may order the occupants to vacate, temporarily close
for use or occupancy the rights -of -way thereto, side-
walks, streets or adjacent buildings or nearby area
and institute such other temporary safeguards, in-
cluding securing posting and demolition of the build-
ing or structure, as he or she may deem necessary
under the circumstances, and may employ the nec-
essary labor and materials to perform the required
work as expeditiously as possible.
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 exe-
cuted by the Building Official, certifying the amount
so expended and why expended, the same shall be-
come alien against the property involved.
116.6 Notice of Violation. The Building Official shall
give the owner of record of the premises concerned
written notice by certified or registered mail, addressed
to such person's last known address. If proof of service
by registered or certified mail is not completed by
signed return receipt, then a copy of the written notice
shall be affixed to the structure concerned and such
procedure shall be deemed proper service, and the time
for compliance, stipulated in the notice, shall be deemed
FLORIDA BUILDING CODE
to commence with the date such notice is so affixed.
This written notice shall state the defects which consti-
tute a violation of this Section and shall prescribe the
action to be taken to comply and the time within which
compliance must be accomplished, such time to be ten
(10) business days, subject to reasonable extension when
requested in writing, for reasons which the Building
Official considers justifying an extension of time. All
such extensions of time shall be by written approval of
the Building Official. In addition, this written notice
will explain the right of appeal of the decision of the
Building Official to the Unsafe Structures and Housing
Appeals Board, and alsoadvisethat unless there is
compliance with the instructions in the Notice of Vio-
lation or an appeal is filed that a public hearing before
the Unsafe Structures and Housing Appeals Board will
be initiated by the Building Official after time for com-
pliance has expired.
116.7 Recording of Notice of Violation.
116.7.1 If the owner of the property concerned has
not complied with the requirements as stated in the
Notice of Violation within the time stipulated or has
not appealed the action of the Building Official as
stated in the Notice of Violation within the time
specified, the Building Official may file an appropri-
ate instrument in the office of the Clerk of the
Circuit Court, to be recorded in the public records of
this County, indicating that violations of this Code,
and of Section 116 thereof, exist upon the property
involved.
116.7.2 The recording of such notice shall constitute
constructive notice to all concerned, as well as to
any subsequent purchasers, transferees, grantees,
mortgages, lessees and all persons claiming or ac-
quiring interest in said property.
116.7.3 When the violation specified in the Notice of
Violation has been corrected, the Building Official
shall file for record a certificate certifying that the
violation has been corrected, upon being paid for
the filing fees incurred.
116.8 Appeal and Review. The owner or anyone having
an interest in a building or structure which has been
determined to be unsafe, and concerning which a No-
tice of Violation has been served by the Building Offi-
cial, may appeal the decision of the Building Official as
stated in the Notice of Violation, to the Unsafe Struc-
tures and Housing Appeals Board, if such appeal is
filed prior to the expiration of the time allowed for
FBC 7th Edition, 2020 73
§ 116
compliance specified in such notice; provided, in no
event shall appeal period be less than ten (10) business
days. Such appeal shall be in writing, addressed to the
Secretary of the Unsafe Structures and Housing Ap-
peals Board, and shall be in the form of a certified
statement, stating the reasons for such an appeal and
stating wherein they consider the Building Official to
be in error. Upon receipt of the appeal, the Secretary of
the Board will proceed to notify all parties in interest as
to the time and place the Unsafe Structures and Hous-
ing Appeals Board shall conduct a public hearing on
the matter. The procedure for the serving of and the
form of notice is provided hereinafter. -
116.9 Notice of Public Hearing. If the owner, or
other parties having an interest do not comply with
the terms of the Notice of Violation and do not file
an appeal within the time stipulated, the Building
Official shall then apply for a public hearing to be
conducted by the Unsafe Structures and Housing
Appeals Board, and the Secretary of the Unsafe
Structures and Housing Appeals Board shall notify
all parties in interest of the time and place of such
public hearing on the matter. The procedure for the
serving and the form of notice shall be the same as in
the case where an appeal has been filed by the owner
or other parties in interest and such procedure and
form of notice shall be as set forth hereinafter.
116.9.1 When an appeal has been properly filed, or
when the public hearing is initiated by the Building
Official, as provided herein, the Secretary of the
Unsafe Structures and Housing Appeals Board shall
issue a notice in the Board's name, requiring the
owner of record and all parties having an interest to
appear before the Board in person or by an attorney
at the time set forth in such notice, but not earlier
than ten (10) days after service thereof, and show
cause why the decision of the Building Official should
not be carried out.
116.9.2 As many alias and pluries notices may be
issued as may be necessary,
116.9.3 Service of such notices shall be certified or
registered mail to the last known address of the
party being served, if known; however, failure to
receive such notice shall not invalidate the same as
such notice shall also be perfected by posting such
notice on the property and by publishing a copy
§ 116
BROWARD COUNTY AMENDMENTS
thereof in a newspaper published in this County,
such publication to be for two (2) times one (1) week
apart.
116.9.4 The time for appearing and showing cause
as aforesaid, and a description of the property shall
be as set forth in such published notice; provided,
such time shall not be less than ten (10) days after
the last publication thereof.
116.9.5 Any person or party who shall not appear
and show cause as aforesaid shall be as fully bound
by proceedings taken as if he or she had appeared
and shown cause.
....__ ...- ....
116.10 Public Hearing,
116.10.1 On the day established in the notice of
public hearing the 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.
116.10.2 The Board may modify, rescind, or uphold
the decision of the Building Official as recited in the
Notice of Violation and may order the owner or
persons responsible for the building or structure to
vacate, or cause to be vacated forthwith, to make
repairs and to take necessary action to secure the
building, or to demolish the building or structure
and remove the salvage, contents debris and aban-
doned property from the premises, all within the
time stipulated in the order by the Board.
116.10.3 Such order shall be entered in the minute
book of the Board within three (3) days after such
public hearing and a copy of such order shall be
forwarded to the owner and all parties in interest by
registered or certified mail and a copy thereof posted
on the premises.
116.10.4 If the owner or those responsible shall fail
to comply with the order of the Board within the
time stipulated therein, and such order is to repair,
or secure the building to make safe, then the Build-
ing Official shall cause such building to be vacated,
if occupied, and shall through his or her employees
or through a contractor making the lowest respon-
sible bid, secure the building or structure.
116.10.5 If the order is to demolish the building or
structure and to remove the salvage, contents, debris
and abandoned property from the premises, and the
owner or those responsible shall have failed to com-
ply with such order, then the Building Official may
FBC 7th Edition, 2020 74
do so thereafter through his or her employees or
through a contractor making the lowest responsible
bid.
116.10.6 The Building Official may sell to the high-
est bidder or bidders for cash the salvage and the
contents of such building or other structure so de-
molished which have not been removed by the owner
of the land.
116.10.7 If no bids are received for such salvage or
contents the Building Official may destroy that for
which no bids are received.
116.10.8 Advertisement calling for bids shall be pub-
lished by the Building Official one (1) time in a
newspaper published in the County.
116.11 Recovery of Cost.
116.11.1 The entire costs incurred pursuant to Sec-
tion 116.5 to Section 116.10 of this Code shall be
paid by the owner or occupant of the premises or by
the person who caused or maintained the violation.
116.11.2 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 exe-
cution of actions authorized by Section 116.5 or
Section 116,10 of this Code.
116.11.3 The enforcing agency may institute a suit to
recover such expenses against any liable person or
may cause such expenses to be charged against the
property as a lien or as a special assessment collect-
able according to established procedures.
116.11.4 Except with respect to a lien imposed for
expenses incurred in demolition, nothing herein shall
be construed as placing a lien upon property which
supersedes the lien of any mortgage on such prop-
erty executed and recorded prior to the existence of
a lien authorized herein.
116.11.5 Any costs incurred pursuant to Section
116.5 or Section 116.10 of this Code which result in
demolition of unsafe buildings, structures or equip-
ment shall be a lien prior in dignity to all liens,
excepting county tax liens and liens of equal dignity
with county tax liens.
116.12 Review. Any person aggrieved by a decision of
the Unsafe Structure Board may seek judicial review of
that decision in accordance with the Florida Appellate
Rules,
FLORIDA BUILDING CODE
116.13 Unsafe Structures Board. The Unsafe Structures
Board is hereby created, consisting of nine (9) members
who shall be appointed by the Appointing Authority.
All professional members of the Unsafe Structures
Board should be registered and licensed in the State of
Florida. In the event the Appointing Authority cannot
find a properly qualified resident of the area under its
jurisdiction, it may by majority vote of its membership,
appoint a qualified non-resident of the specific catego-
ries or professions required.
116.13.1 Qualification of Members. Members of the
Board shall be permanent residents of the area un-
der the jurisdiction of the Appointing Authority,
who possess outstanding reputations for civic activ-
ity, interest, integrity, responsibility, and business or
professional ability. The composition and represen-
tative membership of the Board shall be as follows:
an Engineer, an Architect, a General Contractor, an
Electrical Contractor, an Attorney at Law, a Plumb-
ing Contractor, a Real Estate Appraiser, a Real
Estate Property Manager and a Citizen with experi-
ence and background in social problems.
116.13.2 Terms of Office. In order that the terms of
office of all members of the Board shall not expire at
the same time, the initial appointments to the Board
shall be as follows: Three (3) members for the term
of two (2) years, three (3) members for the term of
three (3) years, and three (3) members for the term of
four (4) years. Thereafter, all appointments shall be
for the term of three (3) years, provided that the
term in all instances shall continue until a successor
is appointed and qualified. Appointments to fill any
vacancy on the Board shall be for the remainder of
the unexpired term, but failure to fill a vacancy shall
not invalidate any action or decision of the Board.
116.13.3 Organization of the Board.
116.13.3.1 The members of the board shall
elect a Chairman and a Vice Chairman and
such other officers as may be deemed neces-
sary or desirable, who shall serve at the will of
the Board. Election of officers shall be held at
the first meeting after February First, and
such officers shall hold office for one (1) year.
116.13.3.2 Five (5) members of the Board shall
constitute a quorum necessary to hold a meet-
ing or take any action.
116.13.3.3 A majority vote of the Board mem-
bership present and voting at a duly consti-
FBC 7th Edition, 2020 75
§ 116
tuted meeting shall be sufficient to overrule,
modify or affirm any action or decision of the
Building Official or to take any other action
within the scope of the power and duties of
the Board.
116.13.3.4 Members shall serve without com-
pensation but shall be entitled to reimburse-
ment for necessary expenses incurred in the
performance of their Official duties, upon ap-
proval by the legislative body adopting this
Code.
116.13.3.5 No member of the Board shall sit
as a voting member in any hearing on a matter
in which he or she has a personal or financial
interest.
116.13.3.6 The Building Official, or his or her
designee, shall be the Secretary of the Board
but shall have no vote.
116.13.3.7 The Chairman or the Secretary may
call meetings of the Board, and meetings may
be called by written notice signed by three (3)
members of the Board.
116.13.3.8 Minutes and records shall be kept
of all meetings of the Board and all meetings
shall be public.
116.13.3.9 All hearings shall be open to the
public, and any person whose interest may be
affected by the matter on appeal shall be given
an opportunity to be heard in person, or
through his or her attorney.
116.13.3.10 Witnesses may be sworn and sub-
poenaed by the Board in a like manner as they
are subpoenaed by the court or courts in the
County in which this Code is adopted.
116.13.3.11 The hearings shall be informal and
need not be conducted according to technical
rules relating to evidence and witnesses. Any
relevant evidence shall be admitted if it is the
type of evidence on which responsible persons
are accustomed to rely in the conduct of seri-
ous affairs regardless of the existence of any
common law or statutory rules which might
make improper the admission of such evi-
dence over objection in civil actions.
116.13.3.12 Hearsay evidence may be used for
the purpose of supplementing or explaining
§ 116
BROWARD COUNTY AMENDMENTS
any direct evidence but shall not be sufficient
itself to support a finding unless it would be
admissible over objection in civil actions.
116.13.3.13 The rules of privilege shall be ef-
fective to the same extent that they are now, or
hereafter may be, recognized in civil actions;
and irrelevant and unduly repetitious evidence
shall be excluded.
116.13.3.14 The Board may establish rules and
regulations for its own procedure.
116.13.3.15 The Building Official shall pro-
vide adequate and competent clerical and ad-
ministrative personnel and such technical or
scientific personnel as may be reasonably re-
quired by the Board for the proper perfor-
mance of its duties, and shall maintain a re-
cord of all proceedings in the office of the
Building Official, and shall make available for
copying any and all portions of the record of
the proceeding and may certify the same as a
true copy and make a reasonable charge there-
fore.
116.13.3.16 The Building Official shall pro-
vide a regular meeting place for the Board.
116.13.4 Duties and Powers of the Board. The board
shall have the following duties, functions, powers,
and responsibilities:
116.13.4.1 Hear and determine appeals from
actions and decisions of the Building Official
pursuant to the provisions thereof.
116.13.4.2 Hear and review the application of
the Building Official for review of his action
where his decision as indicated in a Notice of
Violations has not been complied with.
116.13.4.3 Affirm, modify, or reverse the deci-
sion of the Building Official upon appeal or
on application for review.
116.13.4.4 The Board, through its Secretary,
shall transmit the record with all exhibits, in-
struments, papers, and transcripts of its pro-
ceedings to the appointing authority in the
event that authority shall consider the matter
pursuant to applicable law in that regard made
and provided.
FBC 7th Edition, 2020 76
116.13.4.5 Hear and determine appeals from
actions and decisions of the enforcing agency
pursuant to the provisions of the applicable
Minimum Housing Code.
116.14 Duties of Legal Counsel. It shall be the duty of
the attorney for the appointing authority, when so
requested, to appear at all hearings before the Unsafe
Structures Board and to represent and advise the Board.
116.15 Conflict of Interest. No Building Official, Board
Member or employee charged with the enforcement of
this law shall have any financial interest, directly or
indirectly, in any repairs, corrections, construction or
demolition which may be required, nor shall any Build-
ing Official, board member or employee give to anyone
the location of any property or the names of owners
thereof on which repairs, corrections or demolition
have been ordered, except as otherwise directed herein-
after, until after the owners have been formally advised
at which time such shall become a matter of public
record.
116.16 Alternative Board. As an alternative to use of its
own Unsafe Structures Board, any municipality in
Broward County may utilize by means of an applicable
inter -local agreement, the Unsafe Structures Board of
Broward County or that of another municipality lo-
cated within Broward County.
Section 117 Powers and Duties of the Floodplain Ad-
ministrator; Delegation, Administration,
Enforcement, and Variances
117.1 Scope. In accordance with Section 553.73, Flor-
ida Statutes, the appointing Authority of Broward
County or the Municipalities may delegate the author-
ity to enforce the floodplain provisions of the Florida
Building Code to a Floodplain Administrator, the Build-
ing Official, or any other appropriate agency or com-
bination thereof.
117.2Intent. A Floodplain Administrator, the Building
Official, or any other appropriate agency or combina-
tion thereof, as designated, is authorized and directed
to administer and enforce the flood provisions of the
FBC and any adopted flood hazard ordinances. The
designated authority shall delegate such duties and
assignments as may be deemed necessary to carry out
provisions of the FBC and any adopted flood hazard
ordinances, to render interpretations consistent with
the intent and purpose of these codes and may estab-
TR#13895
02/06/23
Exhibit #3
ii. 90% of customers rating services received via online survey 3.0 on
higher on 1:5 scale (with 1 being Poor and 5 being Excellent)
2021 Average Audit Findings: 100% (735 audits conducted)
13) Certificate of Occupancy (AC251 4.2.5)
The content of any type of certificate issued by the City of Tamarac is required to follow
the administrative provisions of the currently adopted Florida Building Code with
Broward County Amendments. While reviewing the current Certificate of Occupancy
form, it was determined that the following required inforniat ion isnot on the current
Certificate.
1. Item 1 - Note as Permit Number inst of A plication Number
2. Item 4 - A description of that portion of the structure for which the certificate is
issued.
3. Item 5 - A statement that the at described portion of the structure has been
inspected for compliance with the requirements of this Code for the occupancy
and division of occupancy d the use for A hich the proposed occupancy is
classified.
4. Item 6 - the authority hav` jurisdiction.
5. Item 11 - The design occupa� load . um of persons for each floor
and the allowable load live or er squaw foot for each floor in accordance
with the provision�,of this code. Potential Concern)
14) Codes Adoption (AC251 Annex A — A2)
The City of Tamarac is required to enforce the Florida Building Code and the Broward
County Amendments to the Florida Building Code pursuant to Chapter 71-575 of the
Broward County Charter. Please see the Scope of Accreditation at the end of this Report
for the codes and services covered by this Assessment.
Section 116.8 (Appeal and Review) of Chapter 1 of the Florida Building Code Broward
County Amendments provides that the owner or anyone having an interest in a building or
structure which has been determined to be unsafe, and concerning which a Notice of
Violation has been served by the Building Official, may appeal the decision of the
Building Official as stated in the Notice of Violation, to the Unsafe Structures and
Housing Appeals Board. The City of Tamarac currently does not have an Unsafe
Structures and Housing Appeals Board. (Potential Concern)
15) Special Inspections (AC 251 Annex A — A7)
Broward County has adopted amendments to the Florida Building Code (FBC) contained
in the "Broward County Amendments To the Florida Building Code 7th Edition (2020)
Effective Date: December 31, 2020 Adopted on October 8, 2020. Section 101.2 Scope of
IAS/BDA/165
January 27, 2023
Page 13 of 27