§ 5-64. Service of notice.  


Latest version.
  • (a)

    With the exception of buildings or structures deemed unsafe, whenever an enforcing officer determines that there is a violation of any provision of this article, such enforcing officer shall document the violation and submit a report of the same to the director, whereupon the director shall review all pertinent reports and exhibits, and thereafter may issue a notice of violation and order to show cause why the violation(s) should not be corrected. An enforcing officer is also authorized to issue a citation or notice of violation to a person in accordance with the provisions of Chapter 8½, Broward County Code of Ordinances, when, based upon personal investigation, the enforcing officer has reasonable cause to believe that the person has violated any provision of this article.

    (b)

    A notice of violation and order to show cause shall be served on the alleged violator and, if different from the alleged violator, the owner of the structure or premises. Such notice and order shall:

    (1)

    Be in writing;

    (2)

    Be dated and signed by the director;

    (3)

    Specify the violation or violations, and their respective code citations;

    (4)

    Contain an outline of the corrective action, which, if properly performed, will effect compliance with the provisions of this article;

    (5)

    State whether a building permit is or is not necessary to correct the violations;

    (6)

    State that, if a building permit is necessary, it must be obtained prior to correcting the violations and that it must be obtained no later than thirty (30) days after the date of the violation notice;

    (7)

    Set a time certain within which the corrective work is to be completed;

    (8)

    Contain a statement that final compliance must conform to the requirements of the Florida Building Code;

    (9)

    Inform the violator that, unless an objection to the notice of violation and order to show cause is filed with the enforcing agency within thirty (30) days of the date of service, the Board may issue a final order of correction which, when issued, may be enforced by the director; and

    (10)

    State that the director may cause to be made any corrections ordered by the Board, the cost of which shall be paid by the owner, assessed against the property, and which shall become a lien against the property.

    (c)

    All notices required by this article shall be served in accordance with the provisions of Section 116 of the Florida Building Code.

    (d)

    Notice, duly served, shall be an order to correct the violation specified therein.

(Ord. No. 76-55, § 13, 10-12-76; Ord. No. 1998-43, § 13, 11-24-98; Ord. No. 2010-09, § 1, 2-9-10; Ord. No. 2013-01, § 1, 2-12-13; Ord. No. 2013-44, § 1, 12-10-13)