Loading...
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