§ 39-130. Title, purpose, and intent.

This article shall be known as the Property Maintenance Code. It is found and declared that lack of maintenance and progressive deterioration of properties have the effect of creating conditions of slum and blight. Such conditions, if unabated, will expand and necessitate the expenditure of large amounts of public funds to correct and eliminate them. It is hereby found and declared that there are properties within Broward County which are, or may become in the future, public nuisances. It is the intent of this article to establish property maintenance standards to prevent or abate the following conditions:

(1)

Property deterioration;

(2)

Failure to maintain exterior surfaces and yard areas;

(3)

Insect and rodent infestation;

(4)

Improper storage of household items; and

(5)

Existence of fire hazards and unsanitary conditions which constitute a menace to the health, safety, and welfare of the public.

(a)

The purpose of this article is to protect the public health, safety, and welfare by:

(1)

Establishing minimum standards governing the maintenance, appearance, condition, and occupancy of residential and nonresidential premises;

(2)

Establishing minimum standards governing structures and other physical components and conditions essential to make structures fit for human habitation, occupancy, and use;

(3)

Establishing certain responsibilities and duties for property owners, occupants, and operators;

(4)

Authorizing and establishing enforcement and abatement procedures which afford property owners due process under the law;

(5)

Establishing penalties for the violations of this Code; and

(6)

Providing for the repair, demolition, or vacation of premises unfit for human habitation, occupancy, or use.

(b)

This article shall not be construed to:

(1)

Discourage property owners from planting, preserving, or maintaining native vegetation in its natural state upon their land; or

(2)

Prohibit the collection of garbage or recyclable materials in authorized receptacles by authorized garbage and trash collectors or authorized collectors of recyclable materials; nor the placement of debris in the swale area for a reasonable time, not to exceed twenty-four (24) hours prior to the date for a special bulk collection by an authorized garbage or trash collector; or

(3)

Require clearing activities in violation of Chapter 5, Article XII, Broward County Code of Ordinances, "Natural Resource Areas;" or

(4)

Prohibit, restrict, regulate, or otherwise limit any activity of a bona fide farm operation on land classified as agricultural land pursuant to Section 193.461, Florida Statutes, where such activity is regulated through implemented best-management practices or interim measures developed by the Florida Department of Environmental Protection, the Florida Department of Agriculture and Consumer Services, or water management districts and adopted pursuant to Chapter 120, Florida Statutes, as part of a statewide or regional program; or

(5)

Prohibit, restrict, regulate, or otherwise limit any activity of a farm operation, as defined in Section 39-4 so long as such activity has not been determined to be a nuisance pursuant to Section 39-132.

(c)

In order to restore, enhance, and maintain the health, safety, and welfare of residents of the unincorporated areas of Broward County and promote an attractive community in which people may reside and do business, this article is intended to apply to all existing buildings, structures, and lands within unincorporated Broward County, without regard to the use, date of construction, improvement, or alteration.

(Ord. No. 1999-45, § 1, 8-24-99; Ord. No. 2001-18, § 6, 5-22-01; Ord. No. 2016-30 , § 3, 10-25-16)