§ 5-69. Action to be taken upon noncompliance with final order.

(a)

Upon the refusal, failure, or neglect of a person to comply with a final order of the Board, the enforcing agency shall notify the Board, in writing, and ask for a hearing to be conducted by the Board. After the hearing, the Board may order the enforcing agency to have the dwelling, dwelling unit, hotel, hotel unit, rooming house, rooming unit, or structure repaired, altered, vacated, demolished, or otherwise made to conform with the requirements of this article and the order of the Board.

(b)

All owners and mortgagees shall be provided notice by certified or registered mail to the last known address and a copy of the notice shall be posted in a conspicuous place on the premises subject to the Board's order. In addition, the enforcing agency shall cause to be published two (2) times, at least one (1) week apart, in a newspaper of general circulation within Broward County, a notice of the action to be taken by the enforcing agency. All notices shall be served and the last publication shall occur not less than ten (10) days before any repairs, alterations, vacation, demolition, or other action is commenced hereunder.

(c)

The owner of any property which is the subject of an order of the Board shall pay all costs of the corrective action required and ordered by the Board and all costs incurred in the execution of any action ordered by the Board, including the costs of service, notice, and title search.

(d)

A certified copy of the order, showing the actual cost incurred in the execution of the action ordered by the Board, the date of the action, and the legal description of the property may be recorded in the Official Records of Broward County as provided by Section 28.222, Florida Statutes, and thereafter shall constitute a lien against the land on which the violation exists. The lien shall be prima facie evidence of the debt to the County and may be foreclosed as mortgages are foreclosed in the circuit court; provided, however, that no liens created pursuant to this part may be foreclosed on real property that constitutes a homestead under Section 4, Article X of the Florida Constitution.

(e)

All costs incurred by the enforcing agency in the execution of any repairs, alterations, vacations, demolitions, or other action ordered by the Board, may be paid from public funds upon certification by the enforcing agency of the date or dates the work was performed, and that the items of cost are accurate and reasonable.

(Ord. No. 76-55, § 18, 10-12-76; Ord. No. 82-58, § 1, 10-21-82; Ord. No. 88-59, §§ 1, 2, 9-27-88; Ord. No. 1998-43, § 17, 11-24-98; Ord. No. 2010-09, § 1, 2-9-10; Ord. No. 2010-10, § 7, 2-23-10; Ord. No. 2013-44, § 1, 12-10-13)