§ 13-4. Abatement of fire hazards.
(a)
Whenever the fire chief or any officer or member of the fire-rescue department shall find any building or other structure which, for want of repairs or by reason of age or dilapidated condition or for any other cause, is especially liable to fire, and which is so situated as to endanger other property and whenever any officer or member shall find in any building or upon any premises or other place combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulations of waste paper, boxes, shavings, or other highly flammable materials especially liable to fire and which is so situated as to endanger property or shall find obstructions to or on fire escapes, stairs, passageways, doors, windows, etc., liable to interfere with the operations of the fire-rescue department or egress of occupants in case of fire, he shall order same to be removed or remedied and such order shall immediately be complied with by the owner or occupant of such premises or building.
(b)
If the fire chief or any officer or member of the fire-rescue department designated by him shall find a hazardous condition which, in his opinion, may endanger life or property, he shall be authorized to order the hazard removed or remedied immediately.
(c)
The service of the order as mentioned in subsection (a) hereof shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of the same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served in the same manner as upon the occupant of the premises or by mailing such copy to the owner's last known post office address.
(d)
Upon the failure or refusal of any person owning or occupying any real property upon which or in which a violation of this section occurs or upon the failure or refusal of any member or employee of any firm, company, or corporation so ordered to remove or remedy the hazardous condition as provided in subsection (a) above and after notice to remedy or remove the hazardous condition within forty-eight (48) hours, the city commission shall by resolution, upon the report of the fire chief, make or cause to be made such work necessary to remedy, remove or abate the hazardous condition. The cost thereof shall constitute a charge and lien against such property to the same extent and character as the lien now granted or which may hereafter be granted to the city by law for special assessments for the cost of local improvements. The charge and lien shall be forthwith due and payable, unless the time for payment thereof shall be extended by the city commission. The lien shall be subject to the same penalties and the same rights of collection for sale and forfeiture as may be provided by law for assessments for local improvements.
(Code 1953, § 17-3.6(a), (d), (f), (g); Ord. No. C-67-41, § 2, 4-18-67; Ord. No. C-70-8, § 1, 2-3-70; Ord. No. C-71-22, § 1, 2-16-71; Ord. No. C-17-28 , §§ 53, 54, 9-13-17)
State law reference
Foreclosure of municipal tax and special assessment liens, F.S. ch. 173.