HomeMy WebLinkAboutCity of Tamarac Ordinance O-2011-009Temp. Ord. No, 2224
August 10, 2011
1 5t Revision — 08/18/2011
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2011 - 0
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 5 ENTITLED
"BUILDING AND BUILDING REGULATIONS", ESTABLISHING AND
CREATING ARTICE X OF THE CITY'S CODE OF ORDINANCES,
ENTITLED "THE MINIMUM HOUSING CODE"; PROVIDING FOR
DEFINITIONS; PROVIDING FOR MINIMUM STANDARDS FOR
LIVING UNITS, RENTAL UNITS, AND UNOCCUPIED OR
ABANDONED STRUCTURES WITHIN THE CITY OF TAMARAC;
PROVIDING FOR ENFORCEMENT AND INSPECTIONS;
PROVIDING FOR CODIFICATION: PROVIDING FOR PENALTIES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac (the "City") seeks to ensure that the housing
conditions of living units within the City are maintained in a fair and equitable manner;
and
IWHEREAS, the Community Development Department has recommended
establishing a Minimum Housing Code for the City of Tamarac to ensure that the City
has the resources necessary to maintain living units within the City in a safe and
consistent manner; and
WHEREAS, establishing a uniform standard to ensure the safety of living units
within the City serves a legitimate public purpose; and
WHEREAS, by establishing minimum standards for living units and rental units,
the City will be better able to address changing conditions resulting from the natural
aging of housing stock as well as an increase in uninhabitable and abandoned
properties; and
IWHEREAS, the City Commission finds that creating a minimum housing code for
the City is in the best interests of the citizens and residents of the City.
Temp. Ord. No. 2224
August 10, 2011
1 " Revision — 08/18/2011
14 Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
3�-
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being
true and correct and are hereby made a specific part of this Ordinance upon adoption
hereto; all exhibits attached hereto are incorporated herein and made a specific part of
this Ordinance.
SECTION 2. Chapter 5 of the City of Tamarac Code of Ordinances is hereby
.amended and Article X is hereby created by establishing "The Minimum Housing Code
for the City of Tamarac" as set forth in Exhibit "A", attached hereto and incorporated
herein by reference.
SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 4. Severability. Should any section, provision, paragraph, sentence,
clause of word of this Ordinance or portion hereof be held or declared by any court of
I
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect: the validity of the remaining portions or
applications of this Ordinance.
SECTION 5. Effective Date
adoption.
This Ordinance shall become effective upon
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I
i emp. UrO, NO. ZZ24
August 10, 2011
1 st Revision - 08/18/2011
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PASSED, FIRST READING this day of 2011.
PASSED, SECOND READING this day of 2011.
BY: u�hl—
ATTEST: MAYOR PAMELA BUS—HNELL
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Page 3
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR BUSHNELL
DIST 1: COMM SWENSON
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2 ND Reading
MAYOR BUSHNELL
DIST 1: COMM. SWENSON
DIST 2: V/M. GOMEZ
DIST 3: COMM, GLASSER
DIST 4. COMM. DRESSLER
I
I
August 10, 2011
1 st Revision — 08/18/2011
Page 4
PYHIRIT "A"
Sec. 5-200. - Title.
The title of this article shall be "The Minimum Housing Code for The City
of Tamarac."
Sec. 5-201. - Purpose and authority.
The purpose of The Minimum Housing Code is to establish uniform
minimum standards within Tamarac for occupied living units, rental units, and
unoccupied or abandoned structures; to establish uniform minimum standards
for the maintenance of occupied structures and adjacent properties. This article
is a means of protecting the health, welfare, and safety of the public by
eliminating overcrowding, substandard living conditions, unsanitary conditions,
and unsafe structures.
Sec. 5-202. - Scope and application.
(a)
Every structure or building in Tamarac used, or intended to be used, in
whole or in part as a single-family dwelling, as two (2) or more dwelling
units, or as a hotel or rooming house [including an abandoned dwelling
structure], shall conform to the requirements and minimum standards
established by this article, irrespective of when such structure or building
may have been constructed, altered, or repaired.
(b)
This article establishes minimum standards for the occupancy and
structural integrity of single-family dwellings, dwelling units, hotels, and
rooming units. It does not replace or modify standards established by
other codes or ordinances for the construction, replacement, or repair of
buildings.
(c)
This article shall also apply to buildings or structures, other than
residential or dwelling units, to the extent provided herein.
Sec. 5-203. - Definitions.
The following terms and phrases when used in this article shall have the
meaning ascribed to them in this section, except where the context clearly
indicates a different meaning. Words used in the present tense shall include the
future, and the singular number includes the plural, and the plural, the singular.
Accessory structure shall mean a structure, the use of which is incidental
to that of the main building and which is attached thereto or located on the same
premises and shall include garages, carports, cabanas, storage buildings, and
garden structures.
I
Temp. Ord. No. 2224
August 10, 2011
1 s' Revision — 08/18/2011
Page 5
Alteration shall mean any change or modification of construction, of space
arrangement, of the area or cubic contents of a building, or of the occupancy
thereof.
Approved shall mean approved by the head of the enforcing agency.
Basement shall mean that portion of a building between floor and ceiling,
which is so located that one-half (Y2) or more of the clear height from floor to
ceiling is below grade.
Building shall mean a combination of materials to form a structure
adapted to permanent or continuous occupancy for use for public, institutional,
residential, business, industrial, or storage purposes; a structure which encloses
space; a structure which gives protection or shelter for any occupancy. The term
"building," when used in this article, shall be construed as if followed by the
phrase "or part thereof." When portions of the same building are separated by
fire walls, each portion so separated shall be deemed a separate building.
Cellar shall mean a portion of a building located partly or wholly
underground and having one-half (Y2) or more than one-half (Y2) of its clear floor -
to -ceiling height below.the average finished grade of the ground adjoining the
building. A cellar ceiling shall not be more than six (6) feet above said grade.
Deterioration shall mean the condition or appearance of a building, or
parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, or other evidence of physical decay or neglect, excessive use, or lack of
maintenance.
Dwelling shall mean any building which is wholly or partly used, or
intended to be used, for living, sleeping, cooking, and eating purposes, provided
that "temporary housing," as hereafter defined, shall not be regarded as a
dwelling.
Dwelling unit shall mean any habitable room, or group of habitable rooms,
located within a dwelling and forming a single habitable unit with facilities used,
or intended to be used, for living, sleeping, cooking, and eating purposes,
Enforcing agency shall mean the Tamarac Code Compliance Division,
and any successor department or division of the City.
Enforcing officer shall mean any employee of the City of Tamarac,
charged with the responsibility of making inspections of buildings and premises
and issuing violation notices when necessary. The term "enforcing officer" shall
be synonymous with "inspection officer,"
Extermination shall mean the control of insects, rodents, vermin, or other
pests by destroying their harborage places, by removing or making inaccessible
those materials that may serve as their food, by poisoning, spraying, fumigating,
trapping, or by any other recognized means and legal methods approved by the
Broward County Health Department, or any successor agency.
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August 10, 2011
'I't Revision — 08/18/2011
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Fire hazard shall mean any condition or act which increases the hazard or
menace of fire to a greater degree than that customarily recognized as normal
by persons in the public service of preventing, suppressing, or extinguishing
fires; or which may obstruct, delay, hinder, or obstruct the prevention,
suppression, or extinguishment of fire.
Florida Building Code shall mean that edition of said Code as authorized
by Chapter 553, Part IV, Florida Statutes, as amended.
Garbage shall mean the animal, mineral, and vegetable waste resulting
from the handling, preparation, cooking, and consumption of food.
Good state of repair as it relates to a structure shall mean that it is safe
and reasonably comfortable for its ordinary intended use, or that the materials
used in the structure are sound, stable, and performing the function for which
they were intended; and as it relates to fixtures, appurtenances, and personally
located within, on, or adjacent to any structure, it shall mean that said property is
sound, in a good state of repair, and fully performing the function for which it was
designed.
Good working condition shall mean the item is fully operable for the use
for which it was intended.
Habitable area shall mean two (2) or more habitable rooms.
Habitable room shall mean a room or enclosed floor space used or
intended to be used for living, sleeping, cooking, or eating purposes.
Hardship shall mean a bona fide burden placed upon an aggrieved party
and causing irreparable injury to said party as the result of the implementation of
the provisions of this article.
Hotel shall mean any building or group of buildings, which contains
sleeping room accommodations for three (3) or more guests, which offers the
services generally provided by a hotel, and is recognized as a hotel in the
community in which it is situated, or by the industry; is declared to be a hotel; or
which must be licensed by the Florida Division of Hotels and Restaurants. For
the purpose of this article, motels and buildings offering dormitory -type sleeping
accommodations shall be included in this category.
Hotel unit shall mean any room or group of hotel rooms forming a single
habitable unit used, or intended to be used, for living or sleeping purposes. For
the purpose of this article, motel units and dormitory -type sleeping
accommodations shall be included in this category.
Infestation shall mean the presence of any destructive or disease -bearing
insects, rodents, vermin, or other pests. I
Multiple dwelling shall mean any structure containing more than two (2)
dwelling units.
Temp. Ord. No. 2224
August 10, 2011
1 st Revision — 08/18/2011
Page 7
Nuisance shall mean any condition that endangers life or health,
obstructs reasonable or comfortable use of property, or any nuisance prohibited
by general law, special law, local law, or ordinance.
Occupant shall mean any person sleeping, cooking, eating in, or having
actual possession of a dwelling, dwelling unit, hotel unit, or rooming unit. In
determining occupancy of a room used for sleeping purposes, children ten (10)
years old and younger shall be counted as one-half (Y2) an occupant.
Operator shall mean any person who has the charge, care, custody, or
control of a building, or any part thereof, in which dwelling units, hotel units,
rooming units, or dormitory -type sleeping accommodations are let.
Ordinary winter conditions shall mean when the outdoor temperature is
fifty (50) degrees Fahrenheit or below.
Owner shall mean any person who alone, or jointly or severally with
others, has any legal or equitable title to any dwelling, dwelling unit, hotel, or
rooming house with or without having actual possession thereof.
Person shall mean and include any individual, organization, trust,
foundation, firm, group, society, corporation, association, partnership, or any
combination thereof.
Plumbing shall mean, include, and refer to:
(1)
(2)
The materials, including pipes, fittings, valves, fixtures, and
appliances attached to and a part of a plumbing or gas system for
the purpose of creating and maintaining sanitary, heating, or
cooking facilities in buildings, camps, and swimming pools on
property where people live, work, play, assemble, or travel.
That part of a water supply and sewage and drainage system
extending from either the public water supply mains or private
water supply to the public sanitary, storm, or combined sanitary
and storm sewers, or to a private sewage disposal plant, septic
tank, disposal field, pit, box filter bed, or any other receptacle, or
into any natural or artificial body of water or watercourse located
on public or private property.
(3)
The design, installation, or contracting for installation, removal and
replacement, or repair or remodeling of all or any part of the
materials, appurtenances, or devices attached to and forming a
part of a plumbing system, including the installation of any fixture,
appurtenance, or device used for cooking, washing, drinking,
cleaning, fire fighting, mechanical, or manufacturing purposes.
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August 10, 2011
Vt Revision — 08/18/2011
Page 8
Premises signifies a distinct and definite locality or place with metes and
bounds, as land alone or land with buildings thereon and shall mean: lands and
tenements; an estate; the area of land surrounding a building, and actually, or by
legal construction, forming one enclosure with it; and may mean land alone or
land with buildings or appurtenances, a room, shop, or any definite area.
Rooming house shall mean any building containing one or more rooming
units in which space is let by the owner or operator for living and sleeping
purposes, but not for eating or cooking purposes; or which is required to be
licensed by the Florida Division of Hotels and Restaurants as a rooming house.
For the purpose of this article, boarding houses, guest houses, and cabins are
included in this category.
Rooming unit shall mean any room or group of rooms, forming a single
habitable unit, used, or intended to be used, for living and sleeping purposes,
but not for cooking or eating purposes; and which is not categorized as a hotel
or motel unit by the Florida Division of Hotels and Restaurants.
Rubbish shall mean all combustible and noncombustible waste materials
except garbage, including but not limited to inoperative toys, bicycles,
motorcycles, automobiles, mechanical equipment, and machines.
Structurally sound shall mean that the condition of a structure is such that
it is free of imperfections and damage, which could adversely affect the intended
use of the structure. I
Structure shall mean that which is built or constructed, or any piece of
work artificially built up or composed of parts joined together in some definite
manner, the use of which requires more or less permanent location on the
ground, or which is attached to something having a permanent location on the
ground.
The term shall be construed as followed by the words "or part thereof." Supplied
shall mean paid for, furnished, provided by, or under the control of the owner or
operator.
Temporary housing shall mean any tent, trailer, or other structure used for
human shelter, which is designed to be transportable and which is not
permanently attached to the ground, to another structure, or to any utilities
system on the same premises for more than thirty (30) consecutive days.
Meaning of certain words: Whenever the words "dwelling," "dwelling unit,"
"hotel," "hotel unit," "rooming house," "rooming unit," and "premises" are used in
this article, they shall be construed as though they were followed by the words
Poor any part thereof."
Sec. 5-204. 1
Temp. Ord. No. 2224
August 10, 2011
1'� Revision — 08/18/2011
Page 9
Sec. 5-205. - Adoption of rules and regulations by the enforcing agency.
(b)
The enforcing agency is authorized and empowered to adopt such rules
and regulations as it may deem reasonable and necessary for the proper
administration and enforcement of this article, provided such rules and
regulations are not in conflict with any provisions of this article, the
Tamarac Code of Ordinances, or any laws of the state of Florida; and,
provided further, that such rules and regulations are approved by the City
Commission.
All rules and regulations adopted pursuant to this section shall be
included in the Tamarac Code of Ordinances.
Sec. 5-206. - Minimum standards for space, light and ventilation, basic
facilities, equipment, and maintenance.
(a)
No person shall occupy, or let to another for occupancy, any dwelling or
dwelling unit for the purpose of living, sleeping, cooking, or eating therein,
or occupy or let any hotel, hotel unit, rooming house, or rooming unit, for
the purpose of living or sleeping therein, which does not comply with the
minimum standards and requirements established hereunder.
Requirements for space.
(1)
(2)
Each dwelling and each dwelling unit shall have a minimum gross
floor area of not less than one hundred fifty (150) square feet for
the first occupant and not less than one hundred (100) square feet
for each additional occupant.
Every room or unit in a dwelling, dwelling unit, hotel, or rooming
house occupied for sleeping purposes shall:
a.
r3
Have a gross floor area of not less than seventy (70) square
feet and, when occupied by more than one occupant, it shall
have a gross floor area of not less than fifty (50) square feet
for each occupant.
Have a minimum width of seven (7) feet.
(3)
Gross floor area shall be calculated on the basis of total habitable
room area.
i emp. Ura. NO. ZZZ4
August 10, 2011
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(C)
(4)
(5)
(6)
Every habitable room or unit in a dwelling, dwelling unit, hotel, and
rooming house shall have a ceiling height of not less than seven
(7) feet for at least fifty (50) per cent of the floor area of the room.
Any portion of a habitable room having a ceiling height of five (5)
feet or less shall not be included in computing the gross floor area
of such room.
Every dwelling unit shall have a minimum of twenty-four (24)
square feet of total shelving in wall or base cabinets for the storage
of cooking utensils. Usable storage shelving in a cooking range or
under a sink may be included in the calculation of meeting this
requirement. Where in existence, cabinet doors shall be properly
and securely hung and shall be maintained in good condition.
Every dwelling or dwelling unit shall have a minimum of twelve (12)
square feet of floor area of closet space for the first bedroom and
six (6) square feet of floor area of closet space for each additional
bedroom. Kitchen closet space shall not be considered as space
meeting this requirement. All clothes closets shall have a shelf and
rod .
Requirements for light and ventilation.
(1) 1
Every habitable room shall have at least one (1) window with a
minimum total area of not less than eight (8) per cent of the floor
area of the room or a skylight with a minimum total area of not less
than fifteen (15) per cent of the floor area of the room.
a.
Windows and skylights shall face directly to the outdoors.
b.
(2)
A window shall be deemed not to face directly to the
outdoors, and shall not be included in the required minimum
total window area, if exterior walls of adjacent buildings or
other light -obstructing structures are located less than three
(3) feet from the window and extend to a level above the
ceiling of the room in which the window exists.
Every habitable room shall contain at least two (2) separate,
properly installed floor- or wall -type electric outlets or one (1) such
outlet and one (1) properly installed ceiling -type electric light
fixture; and every bathroom, shower room, or water closet
compartment shall contain at least one (1) properly installed
ceiling- or wall -type electric light fixture. Switches, outlets, and
fixtures shall be located, installed, and maintained as per the
requirements of NFPA 70 so as to avoid the danger of electrical
(4)
Temp. Ord. No. 2224
August 10, 2011
Vt Revision — 08/18/2011
Page 11
shock. Switches and electrical receptacles in bathrooms shall be
located at least three (3) feet from a bathtub or shower.
Every hall, stairway, and other space or area located within, or on
the exterior of, a dwelling, dwelling unit, hotel, or rooming house
shall be provided with properly installed electric lighting facilities
capable of providing not less than one (1) foot candle of
illumination throughout and such facilities shall be controlled by,
and available to, the occupants at all times.
Every habitable room shall be ventilated directly to the outdoors.
Such ventilation shall be provided by an open able area equal to
fifty (50) per cent of the required minimum window or skylight area
or by satisfactory mechanical ventilation complying with the Florida
Building Code and other regulatory codes of Broward County and
the state of Florida.
(5)
Every bathroom, shower room, or water closet compartment shall
comply with the light and ventilation requirements established for
habitable rooms under Subsection 5-206(c)(4) of this article,
except that windows or skylights shall not be required in those
bathrooms, shower rooms, and water closet compartments
equipped with an adequate and properly functioning ventilating
system installed and maintained in accordance with the Florida
Building Code and other regulatory codes of Broward County and
the state of Florida.
(6)
The open able area of every window or other device opening to the
outdoors and intended to provide ventilation for a habitable room,
bathroom, shower room, or water closet compartment shall be
properly fitted with an adequate screen for protection against
mosquitoes, flies, and other insects.
(7)
Every door opening directly from a dwelling, dwelling unit, hotel, or
rooming unit to outdoor spaces shall be adequately screened for
protection against mosquitoes, flies, and other insects.
a.
Where separate screen doors are provided, they shall be
self -closing.
b.
Screen doors shall not be required for units which are
mechanically air conditioned or which have a total openable
window area of fifteen (15) per cent of the total floor area.
C.
The screen wire installed on every screen door or on every
window screen shall be at least 18 x 14 mesh per inch.
(d)
(8)
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August 10, 2011
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Every window and exterior door shall be reasonably weather -tight,
maintained without cracks and holes, and in a good state of repair.
All windows intended for ventilation must be equipped with fully
operable hardware. Every interior door shall be maintained in a
good state of repair.
Requirements for basic sanitary facilities and equipment.
(1)
(2)
Each dwelling and dwelling unit shall have not less than the
following:
a.
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jffl
A flush water closet, lavatory basin, and a bathtub or
shower;
An approved source of running water suitable for human
consumption;
An approved type kitchen sink; and
d.
Adequate receptacles for the storage of garbage, trash,
refuse, and rubbish. I
Each hotel and rooming house shall have not less than the
following:
a.
One (1) flush water closet, lavatory basin, and bathtub or
shower for each six (6) persons, or fraction thereof, residing
within such hotel or rooming house;
PI
An approved source of running water suitable for human
consumption;
C.
Where ten (10) or more persons may occupy a hotel or
rooming house, separate facilities consisting of one (1) flush
water closet, lavatory basin, and bathtub or shower, in a
sanitary and good working condition, shall be provided for
each sex;
d.
Where, in a hotel or rooming house, rooms are let only to
males, flush urinals may be substituted for not more than
one-half (1/2) of the required number of water closets; and
Temp. Ord. No. 2224
August 10, 2011
1 " Revision — 08/18/2011
Page 13
e.
Adequate receptacles for the storage of garbage, trash,
refuse, and rubbish.
Each dwelling, dwelling unit, hotel, and rooming house shall
provide privacy for, and accessibility to, toilet and bath facilities as
follows:
a.
All water closets, urinals, bathtubs, and showers shall be
located in a room or rooms which afford privacy to the user;
b.
Rooms containing water closets, urinals, bathtubs, or
showers shall be not more than one (1) story removed from
the hotel or rooming unit of any occupant sharing the
facilities; and
C.
All toilet and bath facilities shall be so located so as to be
accessible without going outside of the building or without
going through a dwelling unit, hotel unit, or rooming unit of
another occupant.
(4)
Each kitchen sink, lavatory basin, bathtub, and shower shall be
supplied with hot and cold water. The water heating facility shall be
adequate to supply at least twenty (20) gallons of not less than one
hundred twenty (120) degrees Fahrenheit water per day for each
occupant.
a.
Water heating facilities shall be properly installed,
connected, and maintained in a safe and good working
condition.
b.
No electric water heater shall be allowed in any bathroom
unless the water heater and all electrical connections are
totally encased in a nonconductive material or the water
heater is installed in such a manner as to avoid any
probability of shock hazard.
(5)
All plumbing fixtures shall be properly connected to approved
water, sewer, or gas systems. Where a sewer system is not
available, drain lines shall be connected to an approved septic
tank.
(6)
Every plumbing fixture, water pipe, waste pipe, gas line, and drain
line shall be maintained in a good, sanitary working condition.
(e)
(7)
(8)
(9)
i emp. Ura. NO. 2224
August 10, 2011
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Every supplied facility and piece of equipment to be utilized by a
tenant or occupant, including tenant -owned equipment, shall be
maintained in a safe, sanitary, and properly operating condition, I
Floor surfaces in water closet compartments, bathrooms, shower
rooms, and kitchens shall be covered with asphalt, vinyl -plastic,
rubber tile, ceramic tile, terrazzo, or linoleum or other durable,
waterproof, nonabsorbent material, and such floors shall be
properly maintained in a clean and sanitary condition. No finished
flooring material which requires "face nailing" shall be used.
Every occupied dwelling and dwelling unit shall have a properly
installed cooking facility consisting of a stove having at least two
(2) top burners and all necessary utility connections for said
cooking facility
General requirements for all dwellings, dwelling units, hotels, hotel units,
rooming houses, and rooming units.
(1)
(2)
(3)
Foundations, floors, walls, ceilings, roofs, windows, doors, and all
other building parts shall be structurally sound, weathertight,
watertight, and rodent proof and shall be kept in good repair. All
roof surfaces shall be watertight. Where water is permitted to stand
on a roof for cooling purposes, the roof must be designed for that
purpose, and proper precautionary measures taken to prevent
breeding of mosquitoes and other similar insects. Gutters and
downspouts, where in existence, shall be maintained in a good
state of repair.
Inside and outside stairways, porches, balconies, hallways,
corridors, and all appurtenances thereto shall be maintained in a
safe condition and be capable of supporting the loads set forth in
the Florida Building Code and other regulatory codes of Broward
County and the state of Florida. No stair riser height shall exceed
seven and three quarter (7-3/4) inches and no stair tread depth
shall be less than nine (9) inches.
Protective railings or handrails shall be required on any
unenclosed structure over thirty (30) inches from the ground level,
and on every interior or exterior stair or stairwell of more than four
(4) risers, and shall be located in accordance with the
requirements of the Florida Building Code. I
All parts and areas subject to deterioration shall be properly
maintained and suitably protected from the elements.
(4)
(6)
(7)
(8)
Temp. Ord. No. 2224
August 10, 2011
1't Revision — 08/18/2011
Page 15
Chimneys, smoke pipes, flues, ventilating pipes, and ducts shall be
maintained in a safe, properly operating condition.
Every plumbing fixture, water pipe, drain, waste pipe, and gas pipe
shall be maintained in a sanitary and good working condition, free
from defects, leaks, and obstructions.
All electrical wiring and accessories shall be maintained in a safe
and good working condition.
All accessory structures including fences, garden walls, and other
similar enclosures shall be kept clean and maintained in
reasonably good repair, free from infestations.
Exterior premises shall be kept free from excessive growth of
weeds, grass, and other flora. The term "excessive" shall be
interpreted as a condition, the existence of which could be
detrimental to the health, safety, and welfare of the occupants of
the premises or to the public.
Heating facilities.
(1)
Every dwelling, dwelling unit, hotel unit, or rooming unit which is
let, or intended to be let, for occupancy shall have adequate
space -heating facilities, which are properly installed and
maintained in a safe and good working condition as provided in the
Florida Building Code and other regulatory codes of Broward
County and the state of Florida.
a.
A heating facility shall be adequate only if it contains
permanent space -heating equipment capable of heating
two-thirds (2/3) of all habitable rooms to a minimum air
temperature of sixty-eight (68) degrees Fahrenheit, to be
measured three (3) feet above the floor when the outside
temperature is forty-five (45) degrees Fahrenheit,
or permanent space -heating equipment with a capacity of
five (5) BTUs per hour of input per cubic foot of habitable
room space within two-thirds (?) of the habitable room.
b.
The five (5) BTUs per hour input standard is based on a
heating unit with seventy (70) per cent rating of input to
output efficiency. An appropriate correction factor will be
applied when the proposed heating unit exceeds an input to
output efficiency rating of seventy (70) per cent.
(2)
(3)
(4)
i emp. Ura. NO. ZZZ4
August 10, 2011
Vt Revision — 08/18/2011
Page 16
Heating units supplied on the basis of this calculation shall
otherwise comply with the standards set forth hereunder.
Permanent heating equipment is defined as heating
equipment securely affixed to a structure and properly
connected to a flue or vent or, if electric, properly installed
and permanently connected to an adequately wired and
sized branch.
Heating equipment shall be installed and maintained in accordance
with the provisions of the Florida Building Code and other
applicable regulatory codes of Broward County and the state of
Florida.
Oil heaters, gas heaters, and wood stoves shall be connected to a
properly installed vent, said vent conforming to the provisions of
the Florida Building Code.
Electric heaters shall be of a type readily fixed into position and be
properly installed and permanently connected to an adequately
wired and sized branch.
(5)
Any portable heating device approved by the Underwriter's
Laboratories, Inc., or a properly installed fireplace, may be used as
an accessory heating unit.
(6)
(7)
(8)
Accessory heating units will be deemed to be supplementary to a
permanent heating facility and shall not be considered when
calculating the adequacy of the permanently installed heating
equipment.
Only those accessory heating units which are approved and
acceptable under regulations promulgated by the Division of Hotels
and Restaurants of the Florida Department of Business and
Professional Regulation, or successor agency, and other
applicable regulatory codes, shall be used in any hotel unit or
rooming unit.
The use of unsafe heating or cooking stoves and the use of
cooking stoves, including ovens, for heating purposes is prohibited.
Sec. 5-207. - Unsafe dwellings, rooming houses, and hotels.
(a) I
A dwelling, dwelling unit, hotel, or rooming house shall be deemed unsafe
when any one (1) or more of the following apply to the structure:
Temp. Ord. No. 2224
August 10, 2011
1'� Revision — 08/18/2011
Page 17
It is vacant, unguarded, and open at doors and windows;
There is a substantial accumulation of dust, debris, or other
combustible materials therein;
(3)
The physical condition of the building or structure creates a hazard
with respect to a means of ingress or egress for the purpose of
providing fire protection to said building or structure, as provided in
the Florida Building Code for the particular occupancy permitted
therein;
(4)
There is a failing away, hanging loose, or loosening of the siding,
block, brick, or other building materials;
(5)
There is a deterioration of, or damage to, the structure or structural
parts;
(6)
The building is partially destroyed;
(7)
There is a sagging or leaning out of plumb of the building, or any
parts thereof, caused by deterioration or overstressing of the
structure or structural parts;
(8)
The electrical or mechanical installations or systems create a
hazardous condition contrary to the standards established by the
Florida Building Code;
(9)
An unsanitary condition exists by reason of inadequate or
malfunctioning sanitary facilities or waste disposal systems;
(10)
There is an inadequate or impure source of running water
designed or intended for human consumption; or
By reasons of use or occupancy, the area, height, type of
construction, fire resistance, means of egress, electrical
equipment, plumbing, air conditioning, or other features of the
structure regulated by the Florida Building Code do not comply
with the Florida Building Code for the use and group of occupancy
permitted therein.
(b)
A building, structure, or any part thereof, shall be presumed to be unsafe
when any one (1) or more of the following apply to the structure:
(1)
(2)
i emp. UrCl. No. 2224
August 10, 2011
I't Revision — 08/18/2011
Page 18
The construction or installation of electrical, plumbing, or other
equipment was commenced or completed without obtaining a valid
and current building permit; or having obtained a valid permit, such
permit expired prior to the completion of construction or installation
of said equipment; or
By reason of a nonconforming, illegal, or improper use, the
occupancy or maintenance of said premises does not comply with
this article or the Florida Building Code in effect at the time of
construction.
Sec. 5-208. - Repairs and installations.
Repairs and installations shall be made so as to comply with the
provisions of the Florida Building Code and other regulatory codes of Broward
County and the state of Florida.
Sec. 5-209. - Responsibilities of owners, operators, and occupants.
(a)
(b)
The owner shall not occupy, nor permit another to occupy, nor let to
another for occupancy, a dwelling unit, hotel unit, or rooming unit that is
not clean, sanitary, safe, and fit for human habitation as required by the
standards established hereunder.
Unless otherwise agreed in writing between the owner and the occupant,
every occupant of a dwelling or dwelling unit shall:
(1)
(2)
(3)
Keep in a clean and sanitary condition that part of the dwelling or
dwelling unit such person occupies or controls, including all
equipment, sanitary facilities, yards, courts, driveways, lawns, and
shrubbery;
Dispose of rubbish, garbage, lawn and shrubbery cuttings, leaves,
and other waste materials, as provided by law or ordinance.
All garbage shall be placed in proper disposal facilities or storage
containers, as required hereunder;
Exterminate and control rodents, vermin, and other pests within the
dwelling or dwelling unit such person occupies or controls; and
(4)
Not allow animals or pets to be kept in any dwelling or dwelling
unit, or on any premises, in such a manner that creates an
unsanitary condition or a nuisance.
Temp. Ord. No. 2224
August 10, 2011
151 Revision — 08/18/2011
Page 19
(c)
The owner, agent, or operator of a dwelling or dwelling unit shall jointly
and severally:
1 (1)
(d)
Maintain, in a clean and sanitary condition, the shared or public
areas of a dwelling containing more than one (1) dwelling unit.
Shared or public areas shall include yards, courts, driveways,
lawns, and shrubbery;
(2)
(3)
Maintain the exterior premises so as to prevent the accumulation
of stagnant water thereon; and
Control and exterminate rodents, vermin, and other pests in all
public or shared areas, and in adjacent areas, when infestation of
said areas is caused by the failure of the owner, agent, or operator
to control and exterminate said rodents, vermin, and other pests.
The owner, agent, or operator of a hotel or rooming house shall jointly
and severally:
Maintain the premises and all equipment, furnishings, walls, floors,
ceilings, and other building parts in a safe and sanitary condition;
(2)
(3)
(4)
(5)
(6)
(7)
Maintain all yards, courts, driveways, lawns, and shrubbery in a
safe, clean, and orderly condition;
Provide shades, draperies, or other devices or materials to cover
all windows so as to afford privacy to the occupants of the hotel or
rooming unit;
Not permit cooking in any hotel unit or rooming unit; except for the
ones permitted by Code.
Promptly dispose of all garbage, rubbish, and trash through the
use of approved mechanical equipment or by placing same in
approved containers;
Control and exterminate rodents, vermin, and other pests;
Not permit the use of any cellar or basement space as a habitable
room;
Maintain the exterior premises so as to prevent the accumulation
of stagnant water thereon; and
(9)
I eMp. UFa. 1140. ZZZ14
August 10, 2011
15' Revision — 08/18/2011
Page 20
Not allow animals or pets to be kept in any unit, or on the
premises, in such a manner that creates an unsanitary condition or
a nuisance. I
Sec. 5-210. - Requirements relating to the safe and sanitary maintenance of
premises adjacent to dwelling structures.
(a)
(b)
No owner, occupant, or operator of a dwelling, dwelling unit, hotel, hotel
unit, rooming house, or rooming unit shall deposit, or cause to be
deposited, any rubbish, garbage, or other refuse on adjacent property.
The owner of property adjacent to a dwelling structure shall be required to
keep such property free from excessive growth of weeds, grass, and
other flora, and rubbish, trash, garbage, and refuse, in accordance with
State law and other applicable codes and ordinances.
Sec. 5-2111. - Inspections.
(a)
The enforcing agency is hereby authorized and empowered to make
inspections of dwellings, dwelling units, hotels, rooming houses, and all
premises adjacent to such structures, including vacant lots and
commercial properties located adjacent thereto, in order to determine the
physical condition of said premises.
(b)
(c)
The inspecting officers of the enforcing agency are hereby authorized to
enter, examine, and survey all structures and premises, at reasonable
hours, to ensure compliance with the minimum standards established by
this article.
In the event a person who has common authority over a structure or
premises regulated hereunder shall not consent to an inspection, survey,
and examination of said structure or premises, said person shall be given
the opportunity to reschedule such inspection, survey, and examination
for a time certain within ten (10) days of the inspector's initial contact.
Failure of the person exercising common authority over said structure or
premises to thereafter consent to an inspection, survey, and examination
of the structure or premises without just cause, shall be sufficient grounds
and probable cause to seek an inspection warrant, as authorized by
Sections 933.20 through 933.30, Florida Statutes, as amended, for the
purpose of inspecting, surveying, or examining said structure or premises.
Owner occupied family residences are exempt from the provisions of
Sections 933.20 through 933.30, Florida Statutes, as amended.
Temp. Ord. No. 2224
August 10, 2011
1 5t Revision — 08/18/2011
Page 21
(d)
(e)
(f)
In the event a structure or premises appears to be abandoned or vacant
and the owner cannot be readily contacted in order to obtain consent to
inspect, survey, and examine the structure or premises, then, and in that
event, the inspector may enter upon any open, unsecured, or unlocked
portion of the structure or premises in order to conduct an inspection,
survey, and examination thereof.
In the event it shall be deemed necessary by an inspector of the enforcing
agency to enter a secured or locked structure or premises which appears
to be abandoned or vacant, and the owner cannot be readily contacted in
order to obtain consent to inspect, survey, and examine the structure or
premises, then, and in that event, the absence of the owner and vacancy
of the structure and premises shall be sufficient grounds and probable
cause to obtain an inspection warrant, as authorized by Sections 933.20
through 933.30, Florida Statutes, as amended, for the purpose of
inspecting, examining, and surveying the structure and premises. Owner
occupied family residences are exempt from the provisions of Sections
933.20 through 933.30, Florida Statutes, as amended.
Inspecting officers of the enforcing agency shall be provided with official
identification and shall exhibit such identification when making any
inspection.
Sec. 5-212. - Service of notice.
(a)
Whenever an enforcing officer determines that there is a violation of any
provision of this article, such enforcing officer shall document the
violations and submit a report of the same to the director, whereupon the
director shall review all pertinent reports and exhibits, and thereafter may
issue a notice of violation and order to show cause why the violation(s)
should not be corrected.
(b) All notices required by this article shall be served in accordance with the
provisions of Section 162.12, Florida Statutes, as amended.
(c)
Notice, duly served, shall be an order to correct the violation specified
therein.
Sec. 5-213. - Hearing on notice of violations.
ernp. ura. 1,40. zzz'4
August 10, 2011
1 $t Revision — 08/18/2011
Page 22
(a)
(b)
(C)
(d)
Any person affected by a violation notice and order to show cause issued
in connection with the enforcement of any provisions of this article may
file written objections to said notice and may request a hearing on the
matter before the Special Magistrate.
All objections to a notice of violation and order to show cause shall be in
the form of a petition seeking review of the director's order to show cause.
The petition shall:
(1)
(2)
(3)
(4)
(6)
(7)
(8)
Be printed or typewritten on no less than eight and one-half by
eleven inches (81/2" X 11 ") white bond paper,
Contain the name, address, and telephone number of the
petitioner and the violation number;
Indicate whether or not the petitioner is represented by an attorney
and, if so, state the attorney's name, address, and telephone
number;
Set forth in clear and concise language the petitioner's objections
to the notice of violation and order to show cause;
Contain a brief statement setting forth the specific grounds for
each objection;
State whether or not the petitioner will appear at the hearing before
the Special Magistrate, and if the petitioner will be accompanied by
counsel;
State the relief or decision sought by the petitioner from the
Special Magistrate; and
Be signed and verified under oath by the petitioner.
The filing of objections to a notice and order of the director with the
enforcing agency, in the form of a petition as specified hereunder, shall
entitle the petitioner to a hearing.
Upon receipt of a petition in the form specified hereunder, the enforcing
agency shall immediately set a time and place for a hearing thereon. The
petitioner shall also be given written notice of the hearing, by mailing a
copy of the hearing notice to the address given in the petition. I
(e)
Temp. Ord. No. 2224
August 10, 2011
1 st Revision — 08/18/2011
Page 23
The hearing shall be held not less than fifteen (15) days, nor more than
sixty (60) days, after the day upon which the petition was received by the
enforcing agency unless agreed to by all parties.
M
Upon application of the petitioner or the petitioner's attorney, the Special
Magistrate may postpone or continue the date of a hearing for a
reasonable time beyond the sixty-day period if, in their judgment, the
petitioner has submitted a good and sufficient reason for such
postponement or continuance.
(g)
(h)
0)
At the hearing, the petitioner shall be given an opportunity to be heard
and to show why the violation notice and order to show cause should be
modified or withdrawn.
Hearings shall be informal and need not be conducted according to
technical rules relating to evidence and witnesses. The rules of privilege
shall be effective to the same extent that they are recognized in all civil
actions. All witnesses shall be sworn prior to giving any testimony, and
irrelevant and unduly repetitious evidence and testimony shall be
excluded.
All parties shall have an opportunity to respond, to present evidence and
argument on all issues involved, to conduct cross-examination, to submit
rebuttal evidence, to submit proposed findings of facts and orders, to file
exceptions to any order or recommended order, and to be represented by
counsel. When appropriate, the general public may be given an
opportunity to present oral or written communications, If the Special
Magistrate proposes to consider such material, then all parties shall be
given an opportunity to. cross-examine, challenge, or rebut such material.
The record in hearings governed by this article shall consist only of:
(1)
All notices, pleadings, motions, and intermediate rulings;
(2)
(3)
Evidence received or considered;
A statement of matters officially recognized;
Questions and proffers of proof and objections and rulings thereon;
(5)
Proposed findings of fact and exceptions;
i emp. UrG. 1140. ZZ24
August 10, 2011
1't Revision — 08/18/2011
Page 24
(k)
(M)
(6)
(7)
(8)
Any decision, opinion, recommended order, or report by the
Magistrate presiding at the hearing; I
All staff memoranda or data submitted during the hearing or prior
to its disposition; and
The official transcript.
The City shall accurately and completely preserve all testimony and
evidence in the proceeding.
Findings of fact shall be based exclusively on the evidence of record and
on matters officially recognized.
The Special Magistrate may, for due cause and where a proven hardship
exists, modify or waive the requirements set forth in this article, provided
the subject premises do not constitute an immediate health hazard to the
public.
(n)
The Special Magistrate shall, at the conclusion of a hearing hereunder,
sustain, modify, or dismiss the notice of violation and order to show
cause, and issue an order relative thereto consisting of the findings of
fact, conclusions of law, a legal description of the subject premises, and
such other information deemed pertinent. When corrective action is
ordered, it shall specify a date certain by which said action is to be
completed.
Sec. 5-214. - Uncontested notice of violation.
(a)
(b)
A notice of violation and order to show cause may become a final order in
the event that no objection to the notice of violation and order is filed with
the enforcing agency within thirty (30) days after service of notice of a
violation and order.
If no objections to a notice of violation and order to show cause are filed
within thirty (30) days of the date of service, the director may apply to the
Special Magistrate for a final order requiring that corrective action be
taken in order to comply with the notice of violation and order to show
cause.
(c)
Upon application of the director under subsection (b) of this section, a
hearing shall be set before the Special Magistrate and the director may
present evidence in support of the notice of violation and order to show
cause.
Temp. Ord. No. 2224
August 10, 2011
1 st Revision — 08/18/2011
Page 25
If the Special Magistrate is satisfied that the evidence presented is
sufficient to substantiate the notice and order, the Magistrate may issue
an order as provided in Subsection 5-213(n) of this article.
Sec. 5-215. - Final orders of the Special Magistrate.
(a)
The director shall file a copy of all final orders of the Magistrate, and shall
cause the same to be recorded in the public records of Broward County,
Florida. The recordation of such final order shall constitute constructive
notice to any subsequent purchasers, transferees, grantees, mortgagees,
lessees, lienors, and all persons having, claiming or acquiring any interest
in the property described therein or affected thereby.
(b)
When the corrective action specified in a final order of the Special
Magistrate is completed and the costs imposed thereon have been paid
by the owner of the subject premises, including any administrative costs,
the director shall record a release of lien in the Public Records of Broward
County, Florida, stating that all violations have been corrected and,
thereupon, the order of the Special Magistrate shall be deemed to be
satisfied.
(c)
The cost of recording the final order of the Special Magistrate and the
release shall be recoverable as costs from the owner of record of the
property prior to recording said release.
(d)
Any person acquiring any interest in or to property described in a notice of
violation and order to show cause shall be bound thereby to the same
extent as the prior owner or transferee, and shall take the property
subject thereto. Provided, however, that if the time for the filing of
objections has not expired, the new owner or transferee shall then have
ten (10) days from the date upon which the transfer of the property
interest is effective as to that new owner or transferee or upon the last
day set for the filing of objections, whichever is greater, to file objections
to the notice of violation and order to show cause. The new owner or
transferee shall be accorded all the rights and privileges of the prior
owner or transferee.
Sec. 5-216. - Emergency orders.
(a)
Whenever the director determines that an emergency exists due to a
disease, epidemic, unsanitary situation, or other condition which requires
immediate action in order to protect the public health, safety, or welfare,
and the owner of the subject premises is not readily available for service,
the director may petition the Special Magistrate to issue an order without
(b)
(c)
(d)
(e)
i emp. Ura. No. Z224
August 10, 2011
1 st Revision — 08/18/2011
Page 26
notice to the owner, stating the existence of such emergency and
requiring that a specified cause of action be taken to address the
emergency. Any other provision of this article notwithstanding, an
emergency order shall be effective immediately.
When the director determines that an emergency condition exists, the
director shall attempt to locate the owner of the subject premises and
serve said owner with an emergency order to show cause, which shall
contain a short and plain statement of the emergency situation, the
corrective action to be taken, and the time and date by which such action
is to be completed. If the owner cannot be readily located within twenty-
four (24) hours, the director may petition the Special Magistrate for an
emergency order.
The Special Magistrate shall hear all emergency orders to show cause as
soon as possible after their issuance and may, after the hearing thereon,
with or without notice to the owner of the subject premises, issue an
emergency order confirming, modifying, or dismissing the emergency
order to show cause.
Emergency orders issued by the Special Magistrate may only require that
such corrective action be taken as is deemed necessary by the Special
Magistrate in order to abate the hazard or danger for a sufficient period of
time to allow for a full hearing to be scheduled before the Special
Magistrate, and to provide notice to the owner of the subject premises.
Whenever an emergency order is not complied with within twenty-four
(24) hours by the owner of the subject premises, the enforcing agency
shall take such direct and immediate action as is necessary to abate the
hazard or danger. Expenses incurred in the execution of such orders shall
be recovered as provided hereunder for the recovery of other expenses
incurred by the enforcing agency.
Sec. 5-217. - Action to be taken upon noncompliance with final order.
(a)
Upon the refusal, failure, or neglect of a person to comply with a final
order of the Special Magistrate, the enforcing agency shall notify the
Special Magistrate in writing. The Special Magistrate may then order the
enforcing agency to have the dwelling, dwelling unit, hotel, hotel unit,
rooming house, or rooming unit repaired, altered, vacated, demolished, or
otherwise made to conform with the requirements of this article and the
order of the Special Magistrate.
Prior to taking any action pursuant to subsection (a) of this section in
executing an order of the Special Magistrate, the enforcing agency shall
attempt to locate and notify the owner, occupant, lessee, and mortgagee
(d)
(f)
Temp. Ord. No. 2224
August 10, 2011
1 5� Revision — 08/18/2011
Page 27
of the property, in writing, and by personal service, if they shall be found
in Broward County, of the action ordered to be taken by the enforcing
agency.
If the person or persons required to be noticed under this Section cannot
be found after diligent search and inquiry, or if all parties having an
interest in said premises cannot be ascertained, then notice shall be sent
by certified mail to the last known address, if one can be found, of such
person or persons found to have an interest in said property, and a copy
of the notice shall be posted in a conspicuous place on the premises
subject to the Special Magistrate's order. In addition, the enforcing
agency shall cause to be published one (1) time, in a newspaper of
general circulation within Broward County, a notice of the action to be
taken by the enforcing agency. All notices shall be served not less than
ten (10) days before any repairs, alterations, vacation, demolition, or
other action is commenced hereunder, which shall be deemed good and
sufficient notice to all interested parties.
The owner of any property, and all persons having an interest therein,
which is the subject of an order of the Board, shall pay all costs of the
corrective action required and ordered by the Special Magistrate, and
shall be jointly and severally liable for all costs incurred in the execution of
any action ordered by the Special Magistrate.
In the event the owner of any property shall not take the corrective action
ordered by the Special Magistrate, and the enforcing agency causes said
action to be taken, the City Commission may, levy a special assessment
against the subject property for all costs incurred by said agency in the
execution of any action ordered by the Magistrate. A lien for the special
assessment showing the actual cost incurred in the execution of the
action ordered by the Magistrate, the date of the action, and the legal
description of the property against which the lien is assessed shall be
recorded in the Official Records of Broward County as provided by
Section 28.222, Florida Statutes, as amended. The notice of lien shall be
prima facie evidence of the debt to the City, shall bear interest at the
maximum legal rate, and may be foreclosed as mortgages are foreclosed
in the circuit court.
Whenever the Special magistrate shall enter an order in favor of the
enforcing agency, all costs of the proceedings, including the costs of
service, notice, and title search, shall be taxed against the person against
whom the order is issued, and said costs shall be a lien against the
subject property.
i emp. ura. i,4o. zzz4
August 10, 2011
1s' Revision — 08/18/2011
Page 28
Sec. 5-218. - Standards for declaration of structures as unfit for human
habitation; condemnation procedures.
(a)
(b)
(c)
The designation of dwellings, dwelling units, hotels, hotel units, rooming
houses, and rooming units as unfit for human habitation, and the
procedure for the placarding and condemnation of such unfit structures
and units shall be executed by the enforcing agency in compliance with
the standards and procedures established hereunder.
The head of the enforcing agency shall declare as unfit for human
occupancy any dwelling, dwelling unit, hotel, hotel unit, rooming house, or
rooming unit which is found to have any of the following defects, to wit:
(1)
(2)
(4)
One which is so dilapidated, damaged, decayed, unsanitary,
unsafe, or vermin infested that it creates a serious hazard to the
health or safety of the occupants or the public;
One which lacks illumination, ventilation, or sanitary facilities
adequate to protect the health or safety of the occupants or the
public;
One which, because of its general condition or location, is
unsanitary, or otherwise dangerous or injurious to the health or
safety of the occupants or the public; or
Any defect as provided in this article.
The head of the enforcing agency shall give to the owner or person in
charge of any dwelling, dwelling unit, hotel, hotel unit, rooming house, or
rooming unit determined to be unfit for human occupancy, written notice
to the effect that such dwelling, dwelling unit, hotel, hotel unit, rooming
house, or rooming unit is unfit for human occupancy, and such notice
shall conform to the notice requirements of this article, and in addition
thereto shall:
(1)
Summarize the defects which serve as the basis for declaring the
dwelling, dwelling unit, hotel, hotel unit, rooming house, or rooming
unit as unfit for human occupancy; and
(2)
Order the building, structure, or portion thereof, to be vacated
within five (5) days and not reoccupied until an affidavit of
compliance is issued by the director.
(d)
(e)
M
(g)
(h)
Temp. Ord. No. 2224
August 10, 2011
Vt Revision — 08/18/2011
Page 29
Proper service of notice shall be provided in accordance with. the
provisions of Section 162.12, Florida Statutes, as amended.
In addition to giving notice, the director shall post, or cause to be posted,
upon the dwelling, dwelling unit, hotel, hotel unit, rooming house, or
rooming unit, which is determined to be unfit for human occupancy, a
placard, to be signed by the head of the enforcing agency, which contains
the following script: "THESE PREMISES NOT FIT
FOR HUMAN OCCUPANCY" Notice is given pursuant to Chapter 5,
Article X, The Minimum Housing Code of the Tamarac City Code, that this
building is not fit for human occupancy and shall not be used or occupied.
Those persons violating this notice shall be subject to arrest and
punishment, as provided by law. This notice shall not be removed except
by authority of the Special Magistrate of the City of Tamarac."
No person, except a representative of the enforcing agency, may deface
or remove a placard from any premises which has been declared and
placarded as unfit for human habitation.
The head of the enforcing agency may order a placard removed
whenever the defect or defects upon which the placarding action was
based have been eliminated.
After a premises has been placarded as provided in this section, and the
owner or occupant fails or refuses to voluntarily comply with the notice,
the director shall immediately apply to the Special Magistrate for an order
condemning said premises as unfit for human occupancy, and shall
cause a hearing to be set thereon, as soon as possible.
(1)
The director shall notice the owner and occupants of the premises
of the time, date, and place of the hearing, by mailing or delivering
a copy of said notice to the owner and posting a copy thereof on
the premises.
(2)
At the hearing, all interested parties shall be given an opportunity
to be heard and present evidence.
(3)
At the hearing, the Special Magistrate shall consider and
determine all relevant issues, and may treat the nonvoluntary
compliance of the owner as an objection and petition for review
under this article.
Any notice or time requirements established by this Section shall
govern any proceedings thereunder.
(5)
i emp. uro. NO. /-/-/-4
August 10, 2011
15t Revision — 08/18/2011
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Any deviation from the time requirements of of this article shall be
so noted on all notices required hereunder. I
Whenever any premises are designated as unfit for human habitation, as
provided in this article, the enforcing agency shall determine the
relationship of the cost necessary to correct the violation to the value of
the building.
(1)
(2)
If the cost of the corrective measures to be taken exceeds fifty (50)
per cent of the value, based on current replacement cost less
reasonable depreciation, such building may be demolished and
removed.
If the cost of the corrective measures does not exceed fifty (50) per
cent of the value, based on current replacement cost less
reasonable depreciation, such building may be repaired,
renovated, or otherwise made to comply with the requirements of
this article.
Sec. 5-219. - Certification of inspectors.
(a)
The City of Tamarac is hereby authorized and empowered to certify
individuals as Minimum Housing Inspectors, and to issue to such
individuals certificates of competency attesting to their proficiency,
experience, and expertise as inspectors under The Minimum Housing
Code for the City of Tamarac.
(b)
The City of Tamarac shall promulgate and establish minimum
requirements for all individuals desiring certification as Minimum Housing
Inspectors.
(c)
Those individuals certified as inspectors, hereunder, shall be competent
to testify before any agency, board, or court of competent jurisdiction as
expert inspectors in the field of minimum housing standards within
Tamarac, Florida.
Sec. 5-220. - Penalties.
(a)
Any person convicted of violating any of the provisions of this article, or
convicted of knowingly or willfully assisting in the violation thereof, shall
be punished as provided by law.
Temp. Ord. No. 2224
August 10, 2011
1't Revision — 08/18/2011
(b)
Page 31
Each separate day a violation continues or is committed shall be
considered a separate and distinct offense.
Sec. 5-221. - Severability of invalid provisions.
If any clause, section, or other part of this article shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, that part shall be
considered as eliminated and shall in no way affect the validity of the other
provisions of this article.
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