HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-137Temp Reso #10138
May 16, 2003
Rev#1; 06/10/03
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- 1 j-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 COST OF $150.00 PER
NOTICED CASE PLUS ASSOCIATED 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 Building Official, only the Unsafe Structures
Board has the authority to affirm the decision of the Building Official to have the building
repaired or demolished; and
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
Temp Reso #10138
May 16, 2003
Rev#1; 06/10/03
Page 2
WHEREAS, the City previously entered into an agreement with Broward County
for this service by Resolution No. R-2001-293, which is due to expire on September 30,
2003; and
WHEREAS, Broward County has offered a new agreement in substantially the
same form except for minor revisions reflecting changes in the building code and
change in county governmental structure; 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
from the City of Tamarac to the County; and
WHEREAS, available funds exist in the General Fund budget for said purpose,
and where all funds expended are recoverable as provided in Florida Building Code,
Section 111.11, attached hereto as Exhibit 2; and
WHEREAS, the 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
Temp Reso #10138
May 16, 2003
Rev#1; 06/10/03
Page 3
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.
SECTION 2: The appropriate City Officials are authorized to execute the attached
Interlocal Agreement between the City of Tamarac and Broward County far 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 a cost of $150.00
per Noticed Case plus associated costs.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Temp Reso #10138
May 16, 2003
Rev#1; 06/10/03
Page 4
SECTION 4_ 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
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 25t" day of June, 2003.
JO SCHREIBER
KQ or
ATTEST: 8Lz, -I 4-..241,
MARION SW NSON, CMC
CITY CLERK
- I HEREBY 'CERTIFY that
I have approved this
RESOLUTION as to form.
\MITCHELL S. KRAF
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
I -,A�
Ike
Temp Reso 110138
Return recorded document to:
Building Code Services Division
955 So. Federal Highway
Fort Lauderdale, FL 33316
Document prepared by:
Ellyn F. Camp, Special Projects Coord III
Building Code Services Division
955 So. Federal Highway
Fort Lauderdale, FL 33316
II
INTERLOCAL AGREEMENT FOR
HEARINGS BY THE BROWARD COUNTY
MINIMUM HOUSING/UNSAFE STRUCTURES BOARD
This Agreement, made and entered into by and between: BROWARD COUNTY,
a political subdivision of the state of Florida, hereinafter referred to as "COUNTY,"
". &C
City of Tamarac , a municipal corporation existing under the
laws of the state of Florida, hereinafter referred to as "CITY".
WHEREAS, this agreement is entered into pursuant to Section 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969", and
WHEREAS, COUNTY maintains a Minimum Housing/Unsafe Structures Board
("Board") that hears and disposes of cases brought by Building Officials in accordance
with the Florida Building Code; and
WHEREAS, the Board, pursuant to Chapter 5 of the Broward County Code of
Ordinances is authorized to hear and dispose of cases brought by the Building Official;
and
WHEREAS, CITY, pursuant to Resolution No. R-2003-67authorized the use of
the board to hear and dispose of cases brought by the CITY Building Official; and
WHEREAS, COUNTY, pursuant to Chapter 5 of the Broward County Code of
Ordinances and Chapter 1, Section I I I of the Florida Building Code has the authority to
hear and dispose of cases brought by the Building Official; and
WHEREAS, COUNTY, through said Board is willing to perform such services on
the tenns and conditions hereinafter set forth; NOW, THEREFORE,
di
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY 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. Once
the CITY Building Official determines that a violation exists, COUNTY shall be
responsible for:
1.1.1 Filing a case with the Board;
L1.2 Noticing and conducting the hearings in accordance with laws, rules, and
regulations governing hearings before the Board; and
1.1.3 Implementing and affecting the orders and directives of the Board to
include causing the violation(s) to be corrected.
1.2 COUNTY shall perform the above -described functions through the Board cif or
any
successor entity.
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 or 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 set forth above at the rate of One Hundred Fifty
and 00/100 Dollars ($I50.00) for each case which is noticed for hearing. CITY shall
reimburse COUNTY for the actual costs of the services exclusive of the time expended
by COUNTY employees. Such costs shall be properly documented and such
documentation provided to CITY with the monthly invoices.
3.2 COUNTY shall invoice CITY on a monthly basis as set forth above, for services
provided the preceding month. CITY shall reimburse COUNTY within forty-five (45)
days of the date of the invoice.
ARTICLE 4 - TERM AND TERMINATION
4.1 This Agreement shall become effective upon execution by COUNTY and shall
continue in full force and effect until Midnight September 30 2005 (date)
4.2 This Agreement shall continue in full force and effect through the termination
date set forth above, unless written notice of termination by the COUNTY or CITY is
provided pursuant to Section 7, NOTICES. Unless terminated as provided herein, this
Agreement may be renewed for successive one (1) year periods upon written request of
CITY and upon acceptance by COUNTY.
4.3 The agreement may be terminated by either party upon ninety (90) days notice to
the other party of such termination pursuant to Section 7, NOTICES.
ARTICLE 5 — GOVERNN4ENTAL IMMUNITY
CITY is a state agency or political subdivision as defined in Chapter 768.28,
Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or
employees to the extent permitted by law. Nothing herein is intended to serve as a
waiver of sovereign immunity by any party to which sovereign immunity may be
applicable. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of
this Agreement or any other contract.
ARTICLE 6 — INSURANCE
CITY is a state agency as defined by Section 768.28, Florida Statutes, and CITY
shall furnish Contract Administrator with written verification of liability protection in
accordance with state law prior to final execution of said agreement.
ARTICLE 7 — 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, Building Code Services Division
955 South Federal Highway
Fort Lauderdale, Florida 33316
With copy to:
County Administrator
115 South Andrews Avenue
Suite 409
Fort Lauderdale, Florida 33301
4
TO CITY:
City Manager
City of Tamarac
With Copy to:
City Attorney
Cityof Tamarac
7525 NW 88 Avenue 7525 NW 88 Avenue
Tamarac FL 33321
Tamarac FL 33321
ARTICLE 8 — MISCELLANEOUS
8.1 INCOPORATION. The truth and accuracy of each "Whereas" clause set forth
above is acknowledged by the parties and are incorporated herein.
8.2 ASSIGNMENT: COUNTY shall perform the Unsafe Structures/Minimum
Housing Board services provided for in this Agreement exclusively and solely for CITY
which is a party to the Agreement. CITY shall not have the right to assign this
Agreement.
8.3 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.
8.4 SEVERABILITY: The invalidity of any provision of this Agreement shall in no
way affect the validity of any other provision.
8.5 ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporated and includes all prior negotiations, agreements or understandings applicable
to the matters contained herein and the parties agree that there are no commitments,
agreements or understandings 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.
8.6 MODIFICATIONS: 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.
8.7 DRAFTING: This Agreement has been negotiated and drafted by all parties
hereto and shall not be more strictly construed against any party because of such party's
preparation of this Agreement.
8.8 CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or Iegal
problems arising out of this transaction and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State
courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs,
and shall be governed by the laws of the State of Florida. To encourage prompt and
equitable resolution of any Iitigation that may arise hereunder, each party hereby waives
any rights it may have to a trial by jury of any such litigation.
8.9 RECORDING: This Agreement shall be recorded in the public records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969.
THE R.EMALYDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BRO WARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through i�Mayor or Vice
Mayor, authorized to execute same by Board Action on the day of
S"Ap�b &ao� (dace) and CITY, signing by and through its
V-t(a-(,j o a— authorized to execute same by Commission action on the
day of aC�3(dare).
l.J
COUNTY
ATTEST:
r<\. .'a'4 Z
County AdniiiistratAE •-
Officio Clerk of the Board of
County Commissioners o£0roward
County, Florida
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By-
1 day of (date)
Approved as to form
.'
Office of County Attorney
Broward County, Florida
_.
,
Edward A. Dion, County Attorney
Governmental Center, Suite 423
It 5 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
BY
-Assist County Attorney
A
INTERLOCAL AGREEMENT BETWEEN BRO WARD COUNTY AND
CITY OF TAMARAC FOR HEARINGS BY THE BROWARD COUNTY MINIMUjV1
HOUSING/UNSAFE STRUCTURES BOARD
CITY
ZIP
y
Attest: '))fin •c. �.�.,
Mayor
City Clerk day of(date)
ity Manager
APPROVED AS TO FORM:
By 41
City Attorney
Temp Reso #10138
Exhibit 2
Board of Rules & Appeals -- Effective Date: March 1, 201
nags with other boards may be accepted or rejected or
accepted with modifications.
110.14 Review of Board Decisions:
110.14 Any person aggrieved by a decision of the Board of
Rules and Appeals, whether or not a previous party to the
decision, may file an appeal pursuant to s. 553.77(1)(h)
Florida Statutes. Appeals of decisions within the review
jurisdiction of the Florida Building Commission shall be to
the Florida Building Code in the manner prescribed in the
referenced statute. Review of other decisions of the Board
shall be as provided in the Florida Rules of Appellate
Procedure for judicial review of administrative action.
110.15 Amendments to Code
110.15.1 The provisions of the South Florida Building Code
Broward Edition, and the Florida Building Code as applica-
ble to Broward County, shall be amended only by Broward
County Board of Rules and Appeals and only to the extent
and in the manner specified in the Code, and in s.
553.73(4), Florida Statutes.
110.15.2 Neither the Board of County Commissioners nor
any municipality within Broward County may enact any
ordinance in conflict with Chapter 71-575, as amended, the
Florida Building Code, or the South Florida Building Code
Broward Edition.
111
Unsafe Buildings
111.1 General:
111.1.1 Buildings or structures that 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, occupancy or mainte-
nance, 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 otherwise, 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.
111.1.2 Incomplete buildings or structures commenced
without a permit or the permit for which has expired, or
completed buildings or structures commenced without a
permit or the permit for which expired prior to completion
and no Certificate of Occupancy has been issued, shall be
presumed and deemed unsafe.
111.13 Unsafe buildings or structures shall be demolished
and removed from the premises concerned, or made safe,
sanitary and secure in a manner required by the Building
Official and as provided in this Chapter, provided that
where replacement, repair, alteration or demolition is
required on Buildings or structures within the purview of
the applicable Minimum Housing Code, the provisions of
such Code shall be complied with and shall control.
111.1.4 A permit shall be issued for the demolition of any
unsafe building or structure in accordance with Section
104.2.
111.2 Criteria:
111.2.1 Physical Criteria:
111.2.1.1 A Building shall be deemed a fire hazard and/or
unsafe when:
111.2.1.1.1 It is vacant, unguarded and open at doors
or windows.
111.2.1.1.2 There is an unwarranted accumulation of
dust, debris or other combustible material therein.
111.2.1.13 The building condition creates hazards
with respect to means of egress and fire protection as
provided herein for the particular occupancy.
111.2.1.2 A building shall be deemed unsafe when:
111.2.1.2.1 There is a failure, hanging loose or loosen-
ing of any siding, block, brick, or other building mate-
rial.
111.2.1.2.2 There is a deterioration of the structure or
structural parts.
111.2.1.2.3 The building is partially destroyed.
111.2.1.2.4 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.
111.2.1.2.5 The electrical or mechanical installations
or systems create a hazardous condition in violation of
the Standards of this Code.
111.2.1.2.6 An unsanitary condition exists by reason of
inadequate or malfunctioning sanitary facilities or
waste disposal systems.
111.2.1.2.7 Swimming pools that contain stagnant wa-
ter are deemed unsanitary and dangerous to human life
and public welfare and shall be presumed and deemed
unsafe.
111-2.1.2.8 By reason of use or Occupancy the area,
height, type of construction, fire -resistivity, means of
egress, electrical equipment, plumbing, air condition-
ing or other features regulated by this Code do not
comply with this Code for the use and Group of Occu-
pancy.
111.2.13 A Building, or part thereof, shall be presumed
to be unsafe if:
Florida Building Code — Building
Broward County Administrative Provisions
1.44
Board of Rules & Appeals — Final Version — 3-01-2002
111.2.1.3.1 The construction, installation of electrical,
plumbing or other equipment therein or thereon, or the
partial construction or installation of equipment has
been commenced or completed without a permit there-
fore having been obtained or the permit therefore ex-
pired prior to completion and a Certificate of Occu-
pancy issued.
111.2.1.3.2 By reason of illegal or improper use, occu-
pancy, or maintenance does not comply with this
Code, or the Code in effect at the time of construction
or the applicable Minimum Housing Code.
111.2.2 Valuation Criteria:
111.2.2.1 If the cost of completion, alteration, repair
and/or replacement of an unsafe building or structure or
part thereof exceeds 50% 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 50% of such replacement cost, such building or
structure may be repaired and made safe, as provided in
Section 3401.8 and in the applicable Minimum Housing
Code; or
111.2.2.2 If the cost of structural repair or structural re-
placement of an unsafe building or structure or part
thereof exceeds 33% of the structural value such building
or structure or part thereof shall be demolished and re-
moved from the premises; and if the cost of such struc-
tural repairs does not exceed 33% of such replacement
cost, such building or structure or part thereof may be
structurally repaired and made safe, as provided in Sec-
tion 3401.8.
111.2.2.3 In order to determine the value of a building or
structure and the cost of alterations, repairs and replace-
ment, the guides and standards provided in Section
3401.8 shall apply.
111.2.2.4 An exception to the above percentages may be
recognized provided:
111.2.2.4.1 The owner of property has the ways and
means to complete the work.
111.2.2.4.2 All imminent danger has been removed
from the site.
111.2.2.4.3 All applicable Zoning regulations are met.
111.2.2.4.4 All applicable requirements of other de-
partments and agencies are met.
111.2.2.4.5 Criteria noted in Sub -section 3401.8 are
followed.
Florida Building Code —Building
Broward County Administrative Provisions
111.2.2.4.6 Any remaining portion of the structure to
be used in rebuilding is certified as safe by an engineer
or architect.
111.3 Inspection Of Unsafe Buildings And Structures: The
Building Official, on his/her own initiative or as a result of
reports by others, shall examine or cause to be examined
every building or structure appearing or reported to be unsafe,
and if such is found to be an unsafe Building or structure as
defined in this Section, the Building Official shall post the
property concerned and shall furnish the owner of such
Building or structure with written notice, the manner of
posting and furnishing of written notice is provided hereinaf-
ter.
111.4 Posting: The Building Official shall post, but not
before 14 days after the notice of violation hereinafter
provided has been served, a signed notice in a conspicuous
location on the building or structure which has been deter-
mined 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
defined in Section I 1 I of this Code.
This Building Shall Be Vacated — Shall Not Be
Occupied. 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
111.5 Emergency Action:
111.5.1 When in the opinion of the Building Official, 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 may order the occupants to vacate, temporar-
ily close for use or occupancy the rights of way thereto,
sidewalks, streets or adjacent buildings or nearby area and
institute such other temporary safeguards, including secur-
ing posting and demolition of the building or structure, as
he/she may deem necessary under the circumstances, and
may employ the necessary labor and materials to perform
the required work as expeditiously as possible.
111.5.2 Costs incurred in the performance of such emer-
gency work shall be paid by the appropriate governmental
authority and upon the recording in the public records of
this county a certificate executed by the Building Official,
certifying the amount so expended and why expended, the
same shall become a lien against the property involved.
111.6 Notice Of Violation: The Building Official shall, at
least 14 days prior to posting an unsafe building, 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 cagy of
1.4.
Board of Rules & Appeals — Final Version 3-01-2002
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
to commence with the date such notice is so affixed. This
written notice shall state the defects which constitute a
violation of this Section and shall prescribe the action to be
taken to comply and the time within which compliance must
be accomplished, such time to be 15 days, subject to reason-
able 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 also advise that unless there is compliance with the
instructions in the Notice of Violation 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 compliance has expired.
111.7 Recording Of Notice Of Violation:
111.7.1 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 appropriate 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 l I l thereof, exist upon the property involved.
111.7.2 The recording of such notice shall constitute con-
structive notice to all concerned, as well as to any subse-
quent purchasers, transferees, grantees, mortgages, lessees
and all persons claiming or acquiring interest in said prop-
erty.
111.7.3 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.
111.8 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 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, if such
appeal is filed prior to the expiration of the time allowed for
compliance specified in such notice; provided, in no event
shall appeal period be less than fifteen (15) days. Such appeal
shall be in writing, addressed to the Secretary of the Unsafe
Structures and Housing Appeals 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
Florida Building Code —Building
Broward County Administrative Provisions
time and place the Unsafe Structures and Housing Appeals
Board shall conduct a public hearing on the matter. The
procedure for the serving of, and the form of notice is
provided hereinafter.
111.9 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.
111.9.1 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 days after service thereof, and show cause why the
decision of the Building Official should not be carried out.
111.9.2 As many alias and pluries notices may be issued as
may be necessary.
111.9.3 Service of such notices shall be certified or regis-
tered 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 thereof in a newspaper published in this
county, such publication to be for two times one week
apart.
111.9.4 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 days after the last publication thereof.
111.9.5 Any person or party who shall not appear and show
cause as aforesaid shall be as fully bound by proceedings
taken as if he had appeared and shown cause.
111.10 Public Hearing:
111.10.1 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.
111.10.2 The Board may modify, rescind, or uphold the
decision of the Building Official as recited in the Notice of
1.46
Board of Rules & Appeals — Final Version — 3-01-2002
Violation and may order the owner or persons responsible
for the building or structure to vacate, or cause to be va-
cated 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
abandoned property from the premises, all within the time
stipulated in the order by the Board.
111.10.3 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.
111.10.4 If the owner or those responsible shall fail to
comply with the order of the Board within the time stipu-
lated therein, and such order is to repair, or secure the
building to make safe, then the Building Official shall cause
such building to be vacated, if occupied, and shall through
his employees or through a contractor making the lowest
responsible bid, secure the building or structure.
111.10.5 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 respon-
sible shall have failed to comply with such order, then the
Building Official may do so thereafter through his employ-
ees or through a contractor making the lowest responsible
bid.
111.10.6 The Building Official may sell to the highest
bidder or bidders for cash the salvage and the contents of
such building or other structure so demolished which have
not been removed by the owner of the land.
111.10.7 if no bids are received for such salvage or con-
tents the Building Official may destroy that for which no
bids are received.
111.10.8 Advertisement calling for bids shall be published
by the Building Official one time in a newspaper published
in the County.
111.11 Recovery Of Cost:
111.11.1 The entire costs incurred pursuant to Sub -section
111.5 to Sub -section 1 11.10 shall be paid by the owner of
occupant of the premises or by the person who caused or
maintained the violation.
111.11.2 The Building Official shall file among his records
an affidavit stating with fairness and accuracy the items of
expense and the date of execution of actions authorized by
Sub -section 111.5 or Sub -section I I I.10.
111.11.3 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
Florida Building Code — Building
Broward County Administrative Provisions
lien or as a special assessment collectable according to
established procedures.
111.11.4 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 property executed and recorded prior
to the existence of a lien authorized herein.
111.11.5 Any lien imposed for demolition shall be a lien
prior in dignity to all liens, excepting county tax liens and
liens of equal dignity with county tax liens.
111.12 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.
111.13 Unsafe Structures Board: The Unsafe Structures
Board is hereby created, consisting of nine members who
shall be appointed by the Appointing Authority. All profes-
sional 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 categories or professions required.
111.13.1 Qualification Of Members: Members of the
Board shall be permanent residents of the area under the
jurisdiction of the Appointing Authority, who possess
outstanding reputations for civic activity, interest, integrity,
responsibility, and business or professional ability. The
composition and representative membership of the Board
shall be as follows: a Registered Engineer, a Registered
Architect, a General Contractor, an Electrical Contractor,
an Attorney at Law, a Plumbing Contractor, a Real Estate
Appraiser, a Real Estate Property Manager and Citizen with
experience and background in social problems.
111.13.2 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 members for the term of two years, three
members for the term of three years, and three members for
the term of four years. Thereafter, all appointments shall be
for the term of three 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.
111.13.3 Organization Of The Board:
111.13.3.1 The members of the board shall elect a Chair-
man and a Vice Chairman and such other officers as may
be deemed necessary or desirable, who shall serve at the
will of the Board. Election of officers shall be held at the
1.4
Board of Rules & Appeals -- Final Version -- 3-01-2002
the first meeting after February First, and such officers
shall hold office for one year.
I11,13.3.2 Five members of the Board shall constitute a
quorum necessary to hold a meeting or take any action.
111.13.3.3 A majority vote of the Board membership
present and voting at a duly constituted meetingshall be
sufficient to overrule, modify or affirm any action or de-
cision of the Building Official or to take any other action
within the scope of the power and duties of the Board.
111.13.3.4 Members shall serve without compensation
but shall be entitled to reimbursement for necessary ex-
penses incurred in the performance of their Official du-
ties, upon approval by the legislative body adopting this
Code.
111.13.3.5 No member of the Board shall sit as a voting
member in any hearing on a matter in which he has a
personal or financial interest.
111.13.3.6 The Building Official, or his designee, shall
be the Secretary of the Board but shall have no vote.
111.13.3.7 The Chairman or the Secretary may call meet-
ings of the Board, and meetings may be called by written
notice signed by three members of the Board.
111.13.3.8 Minutes and records shall be kept of all meet-
ings of the Board and all meetings shall be public.
I i 1.13.3.9 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 attorney.
I11.13.3.10 Witnesses may be sworn and subpoenaed 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.
I11.13.3.11 The hearings shall be informal and need not
be conducted according to technical rules relating to evi-
dence 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 serious
affairs regardless of the existence of any common law or
statutory rules which might make improper the admission
of such evidence over objection in civil actions.
111.13.3.12 Hearsay evidence may be used for the pur-
pose of supplementing or explaining any direct evidence
but shall not be sufficient itself to support a finding
unless it would be admissible over objection in civil ac-
tions.
111.13.3.13 The rules of privilege shall be effective to the
same extent that they are now, or hereafter may be, rec-
ognized in civil actions; and irrelevant and unduly repeti-
tious evidence shall be excluded.
111.13.3.14 The Board may establish rules and regula-
tions for its own procedure.
111.13.3.15 The Building Official shall provide adequate
and competent clerical and administrative personnel and
such technical or scientific personnel as may be reasona-
bly required by the Board for the proper performance of
its duties, and shall maintain a record 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 therefore.
I I1.13.3.16 The Building Official shall provide a regular
meeting place for the Board.
111.13.4 Duties And Powers Of The Board: The board
shall have the following duties, functions, powers and
responsibilities:
111.13.4.1 Hear and determine appeals from actions and
decisions of the Building Official pursuant to the provi-
sions thereof.
111.13,4.2 Hear and review the application of the Build-
ing Official for review of his action where his decision as
indicated in a Notice of Violations has not been complied
with.
111.13.4.3 Affirm, modify or reverse the decision of the
Building Official upon appeal or on application for re-
view.
111.13.4.4 The Board, through its Secretary, shall trans-
mit the record with all exhibits, instruments, papers, and
transcripts of its proceedings to the appointing authority
in the event that authority shall consider the matter pur-
suant to applicable law in that regard made and provided.
111.13.4.5 Hear and determine appeals from actions and
decisions of the enforcing agency pursuant to the provi-
sions of the applicable Minimum Housing Code.
111.14 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.
111.15 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
1.48
Florida Building Code -- Building
Broward County Administrative Provisions
Board of Rules & Appeals -- Final Version w 3-01-2002
may be required, nor shall any Building 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
Florida Building Code --- Building
Broward County Administrative Provisions
otherwise directed hereinafter, until after the owners have
been formally advised at which time such shall become a
matter of public record.
1.44