§ 9-258. Enforcement; service of notices and orders; appeals board; hearings.

(a)

The provisions of this article shall be enforced under the police powers of the city and all legal proceedings for violation thereof shall be as provided by law.

(b)

Whenever it is determined that there is a violation of any provision of this article, notice of such violation shall be served upon the person or persons responsible for correcting as set forth in the article, or as otherwise provided by law.

(c)

There is hereby created an unsafe structures board. The members of the board shall possess an outstanding reputation for civic activity, interest, integrity, responsibility and business or professional ability. The composition and representative members of the board shall be as follows: a registered engineer, a registered architect, a general building contractor, an electrical contractor, an attorney-at-law, a plumbing contractor, a real estate appraiser, a real estate property manager and a citizen with experience and background in the field of social problems. Notwithstanding the above, eligibility for board membership shall be determined in accordance with the provisions of section 2-217 of the Code of Ordinances, as may be amended from time to time.

(1)

Three (3) members of the first created board shall be appointed for the term of two (2) years, three (3) members for the term of three (3) years and three (3) members for the term of four (4) years. Thereafter, all appointments shall be for a term of three (3) years; provided, however, that the term in all instances shall continue until a successor is appointed and qualified. Appointments to fill any vacancy on the board shall be for the remainder of the unexpired term, but failure to fill a vacancy shall not invalidate any action or decision of the board.

(2)

Vacancies occurring during a term shall be filled by the city commission within sixty (60) days for the remainder of such term; provided, however, that the vacancy shall be filled by a person possessing the qualifications of the vacating member.

(3)

When vacancies occur in the board membership or when any appointed member is absent from a scheduled or called meeting or when any appointed member cannot vote on a question because of a personal or financial interest, the chairman, vice-chairman, or any three (3) appointed members may select not more than two (2) members of the board of rules and appeals as established under chapter 2 of the Florida Building Code, Broward Edition, to act as alternate members. The alternate members shall have the same duties, responsibilities, obligations and voting powers as the appointed members.

(4)

Any member of the board may be removed by the city commission for misconduct, incompetency or neglect of duty.

(5)

No member shall receive any compensation.

(d)

The unsafe structures board shall select one (1) of its members as chairman and one (1) as vice-chairman to act in the absence of the chairman, and it shall establish rules and regulations for its own procedures. Such rules and regulations shall include:

(1)

That meetings shall be held at the call of the chairman or vice-chairman or any three (3) members of the board.

(2)

That five (5) members shall constitute a quorum and decisions shall require the concurring votes of not less than four (4) of the members present.

(3)

That no member shall vote on any proposal in which he has a personal or financial interest.

(e)

Any person affected by a violation notice issued in connection with the enforcement of any provision of this article may request, and shall be granted, a hearing on the matter before the unsafe structures and housing appeals board, providing a petition for such hearing is submitted according to the requirements of this article. Upon receipt of such petition, the enforcing agency shall immediately notify the chairman or vice-chairman of the appeals board, a time and place for the hearing shall be established and the petitioner shall be given written notice thereof, all in accordance with the rules and regulations of this board.

(1)

The hearing shall be held not later than thirty (30) days after the day upon which the petition was filed and shall be open to the public.

(2)

Upon application of the petitioner, the chairman or acting chairman of the appeals board, may postpone the date of the hearing for a reasonable time beyond the thirty-day period, if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.

(3)

At such hearing the petitioner shall be given an opportunity to be heard and to show why the violation notice should be modified or withdrawn.

(4)

After completion of the hearing, the board shall sustain, modify or withdraw the violation notice based upon the findings as to whether the provisions of this article have been complied with. If the board sustains or modifies the violation notice, it shall be deemed to be an order. The board, for due cause or where a hardship exists, may modify or waive the requirements set forth by this article in section 9-277(b) and (c).

(5)

The proceedings of each hearing, including the findings and decision of the board, shall be summarized in writing and entered in the public records of the board. Such records shall include a copy of every notice and order issued in connection with the matter.

(6)

Any person aggrieved by the decision of the board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.

(f)

Whenever the enforcing officer finds that an emergency exists due to a disease epidemic, unsanitary situation, or other condition which requires immediate action to protect public health, safety or welfare, he may, upon approval of the head of the enforcing agency, without notice or hearing, issue an order stating the existence of such emergency and requiring that such action as he deems necessary be taken to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately.

(1)

Any person to whom such emergency order is directed shall comply therewith within twenty-four (24) hours, but upon petition to the enforcing agency shall be afforded a hearing as soon as possible. Depending upon the results of such hearing, the order shall be confirmed, modified or revoked.

(2)

Whenever an emergency order is not complied with within the twenty-four (24) hours stipulated, the enforcing agency shall take such direct and immediate action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in section 9-260.

(3)

Any emergency action on the part of the enforcing agency shall be upheld by the appeals board before the owner is liable for the expenses of such emergency action.

(Code 1953, § 48-43; Ord. No. C-75-26, § 2, 3-18-75; Ord. No. C-75-116, § 1, 1-6-76; Ord. No. C-90-4, § 4, 1-23-90; Ord. No. C-03-23, § 2, 7-1-03 ; Ord. No. C-11-18, § 9, 8-23-11)

Cross reference

Boards and commissions generally, § 2-216 et seq.