(A) Violations. Failure or refusal by the owner and/or, if applicable, the agent, custodian, lessee or occupant of property to comply with the requirements set forth in this chapter is a violation of this chapter. The existence of an imminent public health threat on a property is a violation of this chapter.
(B) Notice of violation.
(1) Whenever the City Manager or his/her designee determines there is a violation of this chapter, the City Manager shall serve, or cause to be served, a notice of violation on the owner and, if applicable, the agent, custodian, lessee, or occupant of the property. The notice of violation shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to terminate and abate the violation within 20 calendar days of the date the notice is received. If the notice of violation pertains to an imminent public health threat abated by the city, the notice shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to pay to the city the cost of such abatement.
(2) If the notice of violation is sent or delivered to the owner and the owner's agent, custodian, lessee, or occupant, they shall be jointly and severally responsible to remedy the violation.
(C) Notice is received.
(1) The notice of violation shall be sent by United States certified mail with a return receipt requested. Notice is received on the date the owner or, if applicable, the agent, custodian, lessee, or occupant of the property initials or otherwise indicates receipt of the notice on the return receipt.
(2) In the event that certified-mail delivery cannot be accomplished, and after reasonable search by the city for such owner or, if applicable, the agent, custodian, lessee, or occupant of the property, or if the notice is not accepted or is returned to the city, a physical posting of the notice of violation on the property shall be deemed the date the notice of violation is received.
(D) Notice of violation. The notice shall be in substantially the following form:
NOTICE OF VIOLATION
Name of owner:
Address of owner:
Name of agent, custodian, lessee or occupant (if applicable):
Address of agent, custodian, lessee, or occupant (if applicable):
Our records indicate that you are the owner, agent, custodian, lessee or occupant of the following property in the City of Pembroke Pines, Florida:
[description of property]
An inspection of this property discloses, and I have found and determined, that a public nuisance exists on this property. This public nuisance violates [description of section violated] of the Code of Ordinances of the CITY OF PEMBROKE PINES, Florida in that:
[description of the violation in this section]
YOU ARE HEREBY NOTIFIED THAT IF, WITHIN TWENTY DAYS (20) FROM THE DATE OF THIS NOTICE,
a. THE VIOLATION DESCRIBED ABOVE IS NOT REMEDIED AND ABATED, OR
b. THIS VIOLATION NOTICE HAS NOT BEEN TIMELY APPEALED, ASSET FORTH IN SUBSECTION 101.09 OF THE CITY'S CODE OF ORDINANCES, THE CITY WILL CAUSE THE VIOLATION TO BE REMEDIED, AND THE COSTS INCURRED BY THE CITY IN CONNECTION WITH THE CLEANUP WILL BE ASSESSED AGAINST THE PROPERTY. TO APPEAL THIS NOTICE OF VIOLATION, YOU MUST FILE YOUR NOTICE OF APPEAL NO LATER THAN 15 DAYS AFTER RECEIPT OF THIS NOTICE WITH THE CITY CLERK.
CITY OF PEMBROKE PINES
By:
Title:
If the notice is an after-the-fact notice of an imminent public health threat, the capitalized portions shall be deleted and, in their place, the information required in Section 101.12 regarding levy of assessment on the property for the costs of abatement incurred by the City shall be substituted.
(Ord. 1716, passed 5-2-12)