§ 39-134. Procedure for violations; notices.

(a)

Private property or swale.

(1)

Whenever a code enforcement officer ascertains that a junk vehicle, vessel, or derelict aircraft is stored or discarded on private property in violation of this article, the officer shall cause a notice to be provided to the owner of the real property upon which the junk vehicle, vessel, or derelict aircraft is located, as determined in accordance with the tax rolls of Broward County, unless the enforcement officer has actual knowledge of a subsequent property owner, and, to the extent possible, cause a notice to be placed upon each such item. If the item is a motor vehicle or boat, the code enforcement officer shall obtain the name and address of the owner of the item from the Department of Highway Safety and Motor Vehicles or from the Department of Environmental Protection, as appropriate, and shall cause a notice to be provided to the owner of record. If the item is an aircraft, the code enforcement officer shall obtain the name and address of the owner from the Federal Aviation Administration. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY:

THIS PROPERTY TO WIT: (setting forth brief description)

LOCATED AT (setting forth brief description of location) IS:

IN VIOLATION OF CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, WHICH PROHIBITS THE IMPROPER STORAGE OR DISCARDING OF JUNK VEHICLES, VESSELS, OR DERELICT AIRCRAFT ON PRIVATE PROPERTY. SUCH JUNK VEHICLES, VESSELS, OR DERELICT AIRCRAFT MUST BE REMOVED OR PROPERLY STORED WITHIN TEN (10) DAYS AFTER THE DATE OF THIS NOTICE, OR THE ________ DAY OF _____________, 20____. YOU MAY CONTEST THE DETERMINATION BY BROWARD COUNTY THAT THIS ITEM IS SUBJECT TO REMOVAL PURSUANT TO CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES BY FILING A CONTEST WITH THE DIVISION [address of Division]. CONTESTS TO THE DETERMINATION OF BROWARD COUNTY MUST BE RECEIVED BY THE DIVISION NO LATER THAN THE DATE SET FORTH ABOVE. IF YOU FAIL TO REMOVE OR PROPERLY STORE THE ABOVE-REFERENCED PROPERTY OR FILE A CONTEST BY THE DATE SET FORTH ABOVE, THE PROPERTY SHALL BE REMOVED AND MAY BE DESTROYED BY BROWARD COUNTY.

IF YOU FILE A CONTEST TO THE DETERMINATION OF BROWARD COUNTY WITH THE DIVISION, A HEARING REGARDING THIS VIOLATION SHALL BE HELD ON THE _____ DAY OF _____, ___. AT

_____

_____

   (address and phone number of Division)

PERSONS RESPONSIBLE FOR THE REMOVAL OF SUCH ABOVE-REFERENCED ITEM(S) WHO FAIL TO REMOVE OR PROPERLY STORE SUCH PROPERTY SHALL BE RESPONSIBLE FOR ALL COSTS OF DISPOSAL OF THE PROPERTY, INCLUDING THE COSTS OF REMOVAL, DISPOSAL, AND ADMINISTRATIVE COSTS, IF THE PROPERTY IS NOT REMOVED OR STORED AS REQUIRED BY THIS NOTICE.

FOR FURTHER INFORMATION REGARDING THIS MATTER, PLEASE CONTACT THE UNDERSIGNED CODE ENFORCEMENT OFFICER.

THIS NOTICE DATED THIS _____ DAY OF _____, ___

SIGNED:   _____

(name, title)

_____

  (employment address and employment telephone number)

(2)

Whenever a code enforcement officer determines that overgrown groundcover or hedges, junk items, debris, garbage, litter, or trash are being stored on private property or in the swale in violation of this article, the officer shall cause a notice to be provided to the property owner of the real property upon which the overgrown groundcover or hedges, junk items, debris, garbage, litter, or trash are located. If the junk items, overgrown groundcover or hedges, debris, garbage, litter, or trash are located in the swale, the notice shall be provided to the owner of the real property contiguous to the swale. The owner shall be determined in accordance with the tax rolls of Broward County, unless the code enforcement officer has actual knowledge of a subsequent property owner. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

NOTICE IS HEREBY PROVIDED TO:

(Property owner)

(Property owner mailing address)

THAT THE FOLLOWING DESCRIBED PROPERTY IS IN VIOLATION OF CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," FOR THE REASON(S) SPECIFIED:

_____Groundcover exceeding 6″ in height

_____Groundcover exceeding 18″ in height (agricultural, estate or rural areas)

_____Overgrown shrubs or other such vegetation

_____Storage of junk items, debris, garbage, litter or trash

_____Other-describe: _____

_____

SECTION(S) VIOLATED: _____

_____

LOCATION: (Property Address)

LEGALLY DESCRIBED AS: (Legal Description)

YOU ARE HEREBY REQUIRED TO BRING THE PROPERTY INTO COMPLIANCE WITH ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," WITHIN:

_____ TEN (10) DAYS, IF ON PRIVATE PROPERTY

_____ FIVE (5) DAYS, IF ON SWALE

AFTER THE DATE OF THIS NOTICE.

TO BRING THE PROPERTY INTO COMPLIANCE, YOU ARE REQUIRED TO: (Explanation of work required to correct the violation and general explanation of any debris that must be cleared, if applicable) _____

_____

_____

_____

_____

FAILURE TO CORRECT THE VIOLATION AND CALL FOR A REINSPECTION WITHIN THE TIME SPECIFIED MAY RESULT IN BROWARD COUNTY CORRECTING THE VIOLATION OR CAUSING IT TO BE CORRECTED AND ASSESSING THE PROPERTY OWNER FOR THE COSTS AND EXPENSES OF CLEARING THE PROPERTY.

THE ESTIMATED COST FOR THE COUNTY TO CLEAR THE PROPERTY IS $ (indicate amount). IF BROWARD COUNTY IS REQUIRED TO CLEAR THE PROPERTY AND THE COSTS AND EXPENSES ARE NOT PAID BY THE PROPERTY OWNER WITHIN THIRTY (30) DAYS, A LIEN MAY BE RECORDED AGAINST THE PROPERTY.

SAID LIEN MAY BE ENFORCED PURSUANT TO LAW.

IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CALL ____________ AT (954) ___________, PLANNING AND DEVELOPMENT MANAGEMENT DIVISION.

Notice provided by  _____

Code Enforcement Officer

Print Name: ___________ Date: _____

(b)

Airport property. Whenever a code enforcement officer ascertains that a junk vehicle, vessel, item, or derelict aircraft ("junk property") is stored or discarded on airport property in violation of this article, the officer or the Director of the Broward County Aviation Department, or designee, shall provide for enforcement of this Code pursuant to the applicable procedures set forth in Sections 705.182, 705.183, and 705.184, Florida Statutes, for the disposal of personal property or derelict or abandoned aircraft or motor vehicles on public-use airports.

(c)

Unmaintained buildings and structures. If a code enforcement officer determines that any building or structure is being maintained in a state of disrepair, a notice of violation shall be sent to the property owner, as determined in accordance with the tax rolls of Broward County, unless the enforcement officer has actual knowledge of a subsequent property owner. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

NOTICE IS HEREBY PROVIDED TO:

(Property owner)

(Property owner mailing address)

THAT THE FOLLOWING DESCRIBED PROPERTY IS IN VIOLATION OF CHAPTER 39, ARTICLE X, "PROPERTY MAINTENANCE AND JUNK OR ABANDONED PROPERTY; NUISANCES," FOR THE REASON(S) SPECIFIED: _____

_____

_____

_____
 

LOCATION: (Property Address)

LEGALLY DESCRIBED AS: (Legal Description)

SECTION(S) VIOLATED: _____

_____

YOU ARE HEREBY REQUIRED TO BRING THE PROPERTY INTO COMPLIANCE WITH ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," ___ (__) DAYS AFTER THE DATE OF THIS NOTICE OR THE ______ DAY OF _____________, ____. TO BRING THE PROPERTY INTO COMPLIANCE, YOU ARE REQUIRED TO: (Explanation of work required to correct the violation) _____

_____

_____

_____

FAILURE TO CORRECT THE VIOLATION AND CALL FOR A REINSPECTION WITHIN THE TIME SPECIFIED MAY RESULT IN FURTHER ENFORCEMENT ACTION BEING TAKEN AGAINST YOU INCLUDING THE IMPOSITION OF A LIEN AGAINST YOUR PROPERTY.

IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CALL ____________ AT (954) _________, PLANNING AND DEVELOPMENT MANAGEMENT DIVISION.

Notice provided by _____

Code Enforcement Officer

Print Name: ___________ Date: _____

(d)

Unsecured buildings. If a code enforcement officer determines that any vacant building is unsecured, a notice of violation shall be sent to the property owner, as determined in accordance with the tax rolls of Broward County, unless the enforcement officer has actual knowledge of a subsequent property owner. The notice shall be in substantially the following form:

NOTICE OF VIOLATION

NOTICE IS HEREBY PROVIDED TO

(Property owner)

(Property owner mailing address)

THAT THE FOLLOWING DESCRIBED PROPERTY IS IN VIOLATION OF CHAPTER 39, ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," FOR THE REASONS SPECIFIED:

YOU ARE HEREBY REQUIRED TO BRING THE PROPERTY INTO COMPLIANCE WITH ARTICLE X, OF THE BROWARD COUNTY CODE OF ORDINANCES, "PROPERTY MAINTENANCE," WITHIN ______ (__) DAYS AFTER THE DATE OF THIS NOTICE OR THE ______ DAY OF _____________, ___. TO BRING THE PROPERTY INTO COMPLIANCE, YOU ARE REQUIRED TO: (Explanation of work required to correct the violation) _____

_____

_____

_____

FAILURE TO CORRECT THE VIOLATION AND CALL FOR A REINSPECTION WITHIN THE TIME SPECIFIED MAY RESULT IN BROWARD COUNTY CORRECTING THE VIOLATION OR CAUSING IT TO BE CORRECTED AND ASSESSING THE PROPERTY OWNER FOR THE COSTS AND EXPENSES OF THE REPAIRS THROUGH THE IMPOSITION OF A LIEN AGAINST YOUR PROPERTY.

IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CALL ____________ AT (954) ______________, PLANNING AND DEVELOPMENT MANAGEMENT DIVISION.

Notice provided by Code Enforcement Officer

Print Name:

Date:

(e)

Tree Maintenance Near Utilities. Whenever a code enforcement officer ascertains that a tree is not planted or maintained in compliance with this article, the officer shall provide notice to the owner of the real property upon which the tree is located, as determined in accordance with the tax rolls of Broward County, unless the enforcement officer has actual knowledge of a subsequent property owner.

(f)

Notwithstanding the foregoing, if a repeat violation is found, the code enforcement officer is not required to give the violator a reasonable time to correct the violation. If the code enforcement officer has reason to believe that a violation or condition causing the violation presents a serious threat to the health, safety, and welfare or is irreparable or irreversible in nature, the code enforcement officer shall make a reasonable effort to notify the violator and may immediately request a hearing before the hearing officer.

(g)

Notice, as provided in this section, shall be in accordance with the notice procedures specified in Chapter 162, Florida Statutes, as incorporated by Chapter 8½, Article I, of the Code. In addition to notice as provided by subsections (a) through (d), notice may be provided by posting. Such notice, if provided, shall be posted for at least ten (10) days in at least two (2) locations, one (1) of which shall be the property upon which the violation is alleged to exist and the other shall be at the front door of the courthouse or the main governmental center of Broward County. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. Notice by posting may run concurrently with, or may follow, an attempt or attempts to provide notice by mail.

(Ord. No. 1999-45, § 2, 8-24-99; Ord. No. 2005-17, § 9, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2016-30 , § 3, 10-25-16; Ord. No. 2018-22 , § 7, 5-8-18)