(A) This section shall be applicable to all persons having legal or beneficial ownership of, or having possession or being in charge of or occupying, any real property located in the city, as tenant or otherwise, whether vacant or occupied, improved or unimproved.
(B) The time within which all acts required by this section shall be performed shall commence to run on the day following the day of posting notice on the affected property as provided in division (E) of this section, or the day on which personal service of notice is made or when notice by mail is actually received, whichever is the earliest.
(C) No private pool in the city shall exhibit evidence of an unsanitary condition, as defined in § 158.05. Any private pool found to exhibit evidence of an unsanitary condition shall be cleaned and sanitized by the owner within five calendar days following the receipt of notice that such condition exists and is subject to correction by the city pursuant to this section.
(D) Notice, where required by the provisions of this section, may be accomplished by affixing in any conspicuous place on any structure on such premises, or in any other manner calculated to be openly visible on the premises, a notice stating the date of the posting and the time within which the unsanitary pool shall be cleaned and sanitized by the owner, and by either mailing, postage prepaid, a copy of such notice to address of such owner, agent or other person described in division (A) of this section, or by leaving a copy of such notice with any person of suitable age residing on the premises.
(E) (1) In the event any person required by the terms of this section to keep a private swimming pool in a clean and sanitary condition shall fail to do the same, the city may cause such cleaning and sanitation, including without limitation, draining or removal of water, and shall forthwith charge the cost of such services to that person. Such actions by the city shall be deemed as abating a nuisance in accordance with division (F) below, and falls within § 38.04 of the Code of Ordinances. There shall also be an administrative charge of $100 for each service which the city is required to perform.
(2) Charges for such draining, cleaning and sanitization, along with any administrative or interest charge, shall be a lien upon such real property; and whenever a bill for such charges remains unpaid for 20 days after it has been rendered, the Finance Director shall file with the Clerk of the Circuit Court for Broward County, a claim of lien statement. This claim of lien statement shall contain a legal description of the premises, the expenses and costs incurred, the date of service, and a notice that the city claims a lien for this amount. For purposes of this section, incurred costs shall encompass, in addition to the abatement cost of the nuisance, all administrative, legal, postal and publication expenses, as well as all other direct or indirect costs associated therewith. All such unpaid charges shall bear interest after 20 days at the rate provided for in F.S. § 55.03(1), for interest on judgments. The claim of lien statement shall further provide notice that interest on the unpaid charges shall accrue at the rate provided for in F.S. § 55.03(1), for interest on judgments. A copy of the claim of lien shall be mailed to the owner of the property. The city may pursue all legal means available to collect those liens, including but not limited to imposing a special assessment and collecting such in accordance with § 38.04 of the Code of Ordinances. The costs incurred for collection, including legal fees, shall be recovered along with all amounts due the city under the lien. Written notice of the assessment shall be given to the property owner, and if applicable, the agent, custodian, lessee or occupant. Said notice shall be by certified mail, return receipt requested and shall set forth the following;
(a) A description of the violation, a description of the action taken by the city to abate the nuisance, and the fact that the property has been assessed for the costs incurred by the city in abating the nuisance; and
(b) The aggregate amount of such costs and an itemized list of such costs; and
(c) The intent of the city to place the assessment on the tax roll as a non-ad valorem assessment if not paid by the following August 1; and
(d) The potential for the property to be subject to the sale of a tax certificate, bearing interest by law at the rate as high as 18% per annum, if the non-ad valorem assessment is not paid as part of the tax bill on the property; and
(e) The potential for the property to be sold and conveyed by tax deed if the tax certificate is not redeemed by payment of the non-ad valorem assessment, in full, plus interest, as required by Florida law.
(3) In the event that any property shall require the city to provide the services described in this section more than once, an additional $100 administrative charge will be added to the second and each subsequent invoice.
(4) The remedies provided in divisions (E)(1), (2) and (3) of this section shall be cumulative to all other remedies provided by law, and the election of any one shall not preclude the use of any other.
(F) All liens created pursuant to this section shall remain liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, title, and claims, until paid.
(Ord. O-2009-22, passed 7-15-09; Am. Ord. O-2013-06, passed 2-20-13)