§ 39-138. Pre-assessment and assessment hearings related to land clearance and abatement of violations.

(a)

If any owner whose property has been cleared by Broward County fails to pay the bill sent pursuant to Section 39-135(a) within thirty (30) days after the mailing, the Board of County Commissioners may, by resolution, levy a lien on behalf of Broward County against the property for costs of clearance, together with interest thereon from the date such costs became due at the maximum rate allowed by law, plus all costs related to assessment and recording of the lien as provided by resolution of the Board. The Board may levy the total costs incurred or any mitigated or reduced amount recommended by the Director of the Planning and Development Management Division, or the Director's designee, at the conclusion of the pre-assessment hearing specified in subsection (c) or may levy any amount less than the total costs which the Board finds appropriate and equitable.

(b)

Notice. At least fifteen (15) days before the Board of County Commissioners shall consider levying the costs and recording a land clearance lien, notice of the date and place when such consideration will be made shall be published in a newspaper of general circulation in the County and shall also be sent by certified mail, return receipt requested, to the property owner as shown on the current tax roll of Broward County, unless the code enforcement officer has actual knowledge of a subsequent property owner. Evidence that notice has been mailed as provided in this section, together with proof of publication, shall be sufficient to show that the notice requirements of this section have been met, without regard to whether or not the property owner actually received such notice.

Both notices shall contain the following:

(1)

A statement that, prior to the date set for the hearing before the Board of County Commissioners, the property owner or his, her, or its authorized representative (hereinafter collectively referred to as "property owner") may contest any of the costs, fees, or expenses described in the notice at an informal hearing before the Planning and Development Management Division;

(2)

The name, address, and telephone number of a Broward County employee to contact to request an informal hearing as specified in subsection (c);

(3)

A statement that the informal hearing will be held at a time and place to be set by the Planning and Development Management Division;

(4)

A statement that the property owner, or his, her, or its authorized agent or representative should bring any witnesses, pictures, records, receipts, or other documentation to the informal hearing which the property owner feels are relevant to the violation;

(5)

A statement that, in lieu of attending the informal hearing, the property owner may submit written documentation pertaining to the violation to the Planning and Development Management Division Director for consideration at the informal hearing; and

(6)

A statement that the property owner shall have the right to appear at the hearing before the Board of County Commissioners to discuss the violation regardless of whether or not the property owner requests or participates in an informal hearing procedure.

(c)

At the informal pre-assessment hearing, the Director of the Planning and Development Management Division may consider the statements of the property owner and other persons with personal knowledge pertaining to the violation, and any documentation or information submitted which pertains to the violation.

(d)

At the conclusion of the informal hearing, based on the amount of costs and administrative fees incurred by the County in clearing the property, and any statements and documentation presented at the informal hearing, the Director may recommend to the County Administrator the settlement, adjustment, or other compromise of the violation pursuant to the provisions of subsection (f) below.

(e)

Nothing contained herein shall prohibit Broward County from seeking recovery of its costs by appropriate civil action or as provided by law.

(f)

Notwithstanding any provisions of the Broward County Code of Ordinances and the Broward County Administrative Code to the contrary, any powers conferred upon the Board of County Commissioners to execute satisfactions and releases or otherwise settle or mitigate land clearance liens pursuant to this article is hereby delegated to the County Administrator. The County Administrator shall provide a quarterly report to the Board of County Commissioners of the satisfactions and releases executed and recorded during the prior calendar year quarter.

(Ord. No. 1999-45, §§ 6, 7, 8-24-99; Ord. No. 2002-05, § 1, 2-12-02; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2016-30 , § 3, 10-25-16; Ord. No. 2017-28 , § 1, 9-14-17)