Loading...
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