§ 5-70. Standards for declaration of structures as unfit for human habitation; condemnation procedures.

(a)

The designation of dwellings, dwelling units, hotels, hotel units, rooming houses, and rooming units as unfit for human habitation, and the procedure for the placarding and condemnation of such unfit structures and units shall be executed by the enforcing agency in compliance with the standards and procedures established hereunder.

(b)

The head of the enforcing agency shall declare as unfit for human occupancy any dwelling, dwelling unit, hotel, hotel unit, rooming house, or rooming unit which is found to have any of the following defects, to wit:

(1)

One which is so dilapidated, damaged, decayed, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public;

(2)

One which lacks illumination, ventilation, or sanitary facilities adequate to protect the health or safety of the occupants or the public;

(3)

One which, because of its general condition or location, is unsanitary, or otherwise dangerous or injurious to the health or safety of the occupants or the public; or

(4)

Any defect as provided in Section 5-58 of this article.

(c)

The head of the enforcing agency shall give to the owner or person in charge of any dwelling, dwelling unit, hotel, hotel unit, rooming house, or rooming unit determined to be unfit for human occupancy, written notice to the effect that such dwelling, dwelling unit, hotel, hotel unit, rooming house, or rooming unit is unfit for human occupancy, and such notice shall conform to the notice requirements of Section 5-64 of this article, and in addition thereto shall:

(1)

Summarize the defects which serve as the basis for declaring the dwelling, dwelling unit, hotel, hotel unit, rooming house, or rooming unit as unfit for human occupancy; and

(2)

Order the building, structure, or portion thereof, to be vacated within five (5) days and not reoccupied until a certificate of compliance is issued by the director.

(d)

Proper service of notice under this Section 5-70 shall be provided in accordance with the provisions of Section 162.12, Florida Statutes, as amended.

(e)

In addition to giving notice, the director shall post, or cause to be posted, upon the dwelling, dwelling unit, hotel, hotel unit, rooming house, or rooming unit, which is determined to be unfit for human occupancy, a placard, to be signed by the head of the enforcing agency, which contains the following script:

"THESE PREMISES NOT FIT
FOR HUMAN OCCUPANCY

Notice is given pursuant to Chapter 5, Article IV, The Minimum Housing Code for Broward County, Florida, that this building is not fit for human occupancy and shall not be used or occupied. Those persons violating this notice shall be subject to arrest and punishment, as provided by law. This notice shall not be removed except by authority of the Board."

(f)

No person, except a representative of the enforcing agency, may deface or remove a placard from any premises which has been declared and placarded as unfit for human habitation.

(g)

The head of the enforcing agency may order a placard removed whenever the defect or defects upon which the placarding action was based have been eliminated.

(h)

After a premises has been placarded as provided in this Section 5-70, and the owner or occupant fails or refuses to voluntarily comply with the notice, the director shall immediately apply to the Board for an order condemning said premises as unfit for human occupancy, and shall cause a hearing to be set thereon, as soon as possible.

(1)

The director shall provide notice to the owner, occupants, and mortgagees stating the time, date, and place of the hearing. Notice shall be provided by certified or registered mail, or by hand-delivery of a copy of said notice to the owner, occupants, and mortgagees, and by posting a copy of the notice on the premises.

(2)

At the hearing, all interested parties shall be given an opportunity to be heard and present evidence.

(3)

At the hearing, the Board shall consider and determine all relevant issues, and shall treat the owner's failure to comply as an objection and petition for review under Section 5-65 of this article.

(4)

Notice of the hearing shall be provided pursuant to Section 116 of the Florida Building Code.

(i)

Whenever any premises are designated as unfit for human habitation, as provided in this article, the enforcing agency shall compare the cost necessary to correct the violation to the value of the building:

(1)

If the cost of the corrective measures to be taken exceeds fifty percent (50%) of the building's value or if the cost of structural repair exceeds thirty-three percent (33%) of its structural value, based on current replacement cost less reasonable depreciation, such building may be demolished and removed.

(2)

If the cost of the corrective measures does not exceed fifty percent (50%) of the building's value or if the cost of structural repair exceeds thirty-three percent (33%) of its structural value, based on current replacement cost less reasonable depreciation, such building may be repaired, renovated, or otherwise made to comply with the requirements of this article.

In order to determine the value of a building or structure and the cost of alterations, repairs, and replacement, the guides and standards provided in the "Florida Building Code Existing Buildings" shall apply.

(Ord. No. 76-55, § 19, 10-12-76; Ord. No. 1998-43, § 18, 11-24-98; Ord. No. 2010-09, § 1, 2-9-10; Ord. No. 2013-44, § 1, 12-10-13)