(A) Unless otherwise expressly stated, a building or structure or portion thereof which is located on a site designated as a historic site or in a district designated as a historic district shall be deemed to be unsafe if it has any of the following conditions:
(1) It is vacant, unguarded and open at doors or windows.
(2) There is an unwarranted accumulation of dust, debris or other combustible material therein.
(3) The buildings condition creates hazards with respect to means of egress and fire protection, as provided in the Florida Building Code, in effect in Broward County, Florida, as revised from time to time, or any successor building code in effect in the city, for the particular occupancy.
(4) There is a failure, hanging loose or loosening of any siding, block, brick, or other building material.
(5) There is a deterioration of the structure or structural parts.
(6) It is partially destroyed.
(7) There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing.
(8) The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the Florida Building Code, in effect in Broward County, Florida, as revised from time to time, or any successor building code in effect in the city.
(9) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems.
(10) By reason of use or occupancy, the area, height, type of construction, fire-resistivity, means of egress, electrical equipment, plumbing, air conditioning or other features regulated by the Florida Building Code, in effect in Broward County, Florida, as revised from time to time, or any successor building code in effect in the city, do not comply with said building code for the use and group of occupancy.
(B) Unless otherwise expressly stated, a building or structure or portion thereof which is located on a site designated as a historic site or in a district designated as a historic district, shall be presumed to be unsafe if:
(1) The construction or installation of electrical, plumbing or other equipment therein or thereon, or the partial construction or installation of equipment therein or thereon has been commenced or completed without a permit therefor having been obtained;
(2) A permit for the construction or installation of electrical, plumbing or other equipment therein or thereon, or for the partial construction or installation of equipment therein or thereon, expired prior to completion and issuance of a certificate of occupancy; or
(3) By reason of illegal or improper use, occupancy, or maintenance, the building or structure or portion thereof does not comply with the Florida Building Code, in effect in Broward County, Florida, as revised from time to time, or any successor building code in effect in the city, the code in effect at the time of construction or the applicable minimum housing code.
(C) The building official shall inspect or cause to be inspected any building, structure or portion thereof which is located on a site designated as a historic site or in a district designated as a historic district and which is or may be unsafe. After the building official has inspected or caused to be inspected such a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he or she may initiate proceedings to cause the abatement of the unsafe condition by repair, demolition, vacation or any combination thereof. If the condition of the building, structure or portion thereof is such that (i) the defects cannot readily be remedied by repair and (ii) the necessary repairs would amount to a substantial reconstruction, the building official shall require that the building, structure or portion thereof be demolished; provided, however, that the building official shall not require demolition until he or she has notified the Hollywood Historic Preservation Board and has granted the Hollywood Historic Preservation Board a reasonable opportunity to make recommendations and suggestions as provided in § 5.6 F(5) of the city's Zoning and Land Development Regulations.
(1) If the building official initiates proceedings as provided above, he or she shall prepare and issue a notice of unsafe building or notice of unsafe structure directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information:
(a) The street address and legal description of the building or structure.
(b) A statement indicating that the building or structure has been declared unsafe by the building official and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this section.
(c) A statement advising that any substantially affected party may appeal the notice to the Unsafe Structures Board created by Section 111 of the Florida Building Code, in effect in Broward County, Florida, as revised from time to time.
(d) A statement advising that if the following required action or actions as determined by the building official are not commenced or completed by the times specified and the notice is not appealed within the time specified for completion of the required action or actions, the building official may cause the work to be done or the building or structure to be secured, and all costs incurred charged against the property or the owner or occupant of the premises or by the person who caused or maintained the unsafe condition.
1. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced and completed within such times as determined reasonable by the building official.
2. If the building or structure is to be demolished, the notice shall require that the premises be vacated within such time as determined reasonable by the building official, all required permits for demolition be secured within such time as determined reasonable by the building official, and the demolition be completed within such time as determined reasonable by the building official.
3. In all cases, the notice may also require that the premises be vacated within such time as determined reasonable by the building official.
(2) The notice and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. If the building official has made an attempt to serve a person herein required to be served and has posted the property as required above, the failure of the building official to serve such person shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him or her.
The notice shall be served either personally or by certified mail, postage prepaid, return receipt requested, to each person at the address as its appears on the official public records. If addresses are not available for any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceeding. Service by certified mail as herein described shall be effective on the date the notice is received as indicated on the return receipt.
Proof of personal service of the notice shall be by written declaration indicating the date, time and manner in which service was made.
(3) If the notice is not complied with nor an appeal filed within the allotted time, the building official may file in the office of the recorder, to be recorded in the public records of Broward County, a certificate describing the property and certifying that the buildings or structure is unsafe and that the owner of record has been served. This certificate shall remain on file until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the building official shall file a new certificate indicating that corrective action has been taken and the building or structure is no longer unsafe from that condition.
(D) Every notice of unsafe building or notice of unsafe structure which requires the building or structure to be vacated, in addition to complying with § 151.203(C), shall be posted at each exit and entrance to the building or structure and shall state:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL.
Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its agents to remove such notice without written permission of the building official, or for any person to enter the building except for the purpose of making the required repairs or of demolishing same.
(E) An appeal to the board shall comply with the procedural requirements established by Section 111 of the Florida Building Code, in effect in Broward County, Florida, as amended from time to time, and by the board.
(F) (1) After a notice of unsafe building, a notice of unsafe structure, or a decision of the board has become final, any person who fails or refuses to respond to the direction of such notice or decision may be prosecuted to the extent provided by law.
(2) Whenever a building or structure is required to be vacated pursuant to a notice of unsafe building or a notice of unsafe structure which has become final or a decision of the board which has become final, the building or structure shall be posted as follows:
UNSAFE BUILDING
DO NOT OCCUPY
It shall be punishable by law to occupy this building or remove or deface this notice.
(Name typed stamped or printed), Building Official
If a notice of unsafe building, a notice of unsafe structure, or a decision of the board becomes final and is subsequently not complied with, the building official may cause the building or structure to be repaired to the extent required to render it safe or if the notice required demolition, the building official may cause the building or structure to be demolished and all debris removed from the premises. The costs of repair or demolition shall be paid by the owner or occupant of the premises or by the person who caused or maintained the violation. The city may institute a suit to recover such costs against any liable person or may cause such costs to be charged against the property as a lien collectible in a manner provided by law. Any lien imposed pursuant hereto shall be prior in dignity to all other liens, except county tax liens and liens of equal dignity with county tax liens.
(G) The building official may approve one or more extensions of time as he or she may determine to be reasonable to complete the required repair or demolition. Such requests for extension shall be made in writing stating the reasons therefor. If the extensions of time, in total, exceed 120 days, they must also be approved by the board, which may act without further public hearing.
(H) No person shall obstruct or interfere with the implementation of any action required by a notice of unsafe building which has become final or a decision of the board which has become final. Any person interfering with or obstructing such actions shall be prosecuted to the extent provided by law.
(I) The repair or demolition of an unsafe building pursuant to this section shall be performed in an expeditious and workmanlike manner in accordance with the requirements of the Florida Building Code, in effect in Broward County, Florida, as revised from time to time, or any successor building code in effect in the city, and all other applicable codes and accepted engineering practice standards.
(J) (1) When in the opinion of the building official, there is immediate danger of the failure or collapse of a building or structure, or immediate danger caused by a health, windstorm or fire hazard, he or she may order the occupants to vacate, temporarily close for use or occupancy the rights-of-way thereto, sidewalks, streets or adjacent buildings or nearby area and institute such other safeguards, including securing posting and demolition of the building or structure as he or she may deem necessary under the circumstances, and may employ the necessary labor and materials to perform the required work as expeditiously as possible.
(2) Costs incurred in the performance of such emergency work shall be paid by the city and, upon the recording in the public records of the county a certificate executed by the building official, certifying the amount so expended and why expended, the same shall become a lien against the property involved prior in dignity to all other liens, except county tax liens and liens equal in dignity with county tax liens.
(Ord. O-2001-21, passed 6-6-01; Am. Ord. O-2005-02, passed 3-2-05) Penalty, see § 151.999