The city shall have the powers, functions and immunities granted to municipal corporations by the constitution and general laws of this state, as now or hereinafter existing, together with the implied powers necessary to carry into execution all the powers granted. The enumeration of particular powers by this Charter shall not be deemed to be exclusive and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and exercise all powers which it would be competent for this Charter specifically to enumerate. The following are among the express powers of the city, which are in furtherance of and not limiting to the general powers:
(1) To purchase, lease, receive by gift and hold property, real and personal, both within and without its corporate limits;
(2) To pass such ordinances as may be necessary to protect and preserve peace and order upon all property owned, leased, managed or controlled by the city;
(3) To acquire by condemnation any property necessary for public use either within or without its corporate limits;
(4) To levy, assess and collect taxes necessary for operation of the city;
(5) To invest the surplus funds of the city;
(6) To borrow money and to issue bonds and revenue certificates as security therefor;
(7) To license business, professions and occupations carried on wholly within or in part within the city limits, and privileges and franchising expressed therein, and to levy and collect license tax upon same and such licenses shall not be related to nor shall the amount be governed by the general state revenue law;
(8) To furnish within and without its corporate limits any local public services and utilities and to levy charges for the use of such services and utilities;
(9) To purchase, hire, construct, own, maintain and operate or lease any local public utilities;
(10) To grant franchise of all kinds for the use of the city streets, water and waterways, public beaches and recreational facilities, lands and ways, in the manner elsewhere provided herein;
(11) To define, prevent and abate nuisances; including keeping of animals within the city limits;
(12) To exercise all police powers granted municipalities by the Constitution and Laws of the State of Florida, as now or hereinafter existing, and to adopt such ordinances, rules and regulations as are necessary to maintain and preserve public health, peace and welfare and to impose penalties and forfeitures to carry the same into effect;
(13) To own, establish and operate hospitals, libraries, cemeteries, parks, airports, golf courses, beaches and any other parks or recreational facilities and to sell or lease such as institutions or properties, except as hereinafter otherwise provided; (Ref. of 3-9-76)
(14) To construct, operate and maintain streets, roads, alleys, sidewalks, docks, waterways, yacht basins, bridges, tunnels, sewers, and parking areas, and to regulate and control the use thereof;
(15) To regulate encroachments in, and use of streets, alleys, sidewalks, waterways, beaches and any other public properties;
(16) To provide police, fire, sanitary and other similar protection and services;
(17) To exercise its police powers and jurisdiction within five miles of its corporate limits; provided, however, that such exercise of police powers and jurisdiction beyond the corporate limits of said city shall extend only to slaughterhouses, abattoirs, dairies and sanitation;
(18) To drain swamps and overflow lands within or without the city for the betterment of sanitary and health conditions within the city;
(19) To establish and regulate a uniform system of employment practices so as to provide a permanent system of civil services;
(20) To own and maintain cemeteries and crematories, either within or without its corporate limits, and to regulate the use thereof;
(21) To regulate building and density of population, and the nature, height, size and use of buildings and other structures, for the purpose of promoting the health, safety, morals or general welfare of its residents;
(22) To make local improvements and to impose and enforce liens for the payment of the same, in accordance with the general statutes of the state;
(23) To provide a pension or retirement plan for its officers and employees;
(24) To advertise and promote the interest of the municipality and its residents through legitimate and recognized means for the accomplishment of such purposes;
(25) To borrow money for a period not longer than the remainder of the fiscal year in which the loan is made, and this power shall be in addition to the other powers to borrow money set forth in this charter, or granted by the general laws of this state;
(26) To control the development and use of natural or artificial streams or bodies of water inside its corporate limits;
(27) To regulate the speed of and control the blowing of whistles of any railroad train or locomotive within the corporate limits; to control operations of trains over public crossings;
(28) Lot clearing. To require owners of real property or other persons having a beneficial interest therein to clear and clean vacant or improved lots of weeds, undergrowth, rubbish, brush and any unsightly and unsanitary debris, to fill unsanitary excavations and depressions or to have such clearing, cleaning or filling accomplished and charge the property owner or other person having a beneficial interest therein for the cost thereof, such charge to be joint and several. The charge shall also constitute a lien against the property, which lien may be foreclosed in the same manner and to the same extent as special assessment liens are foreclosed pursuant to the provisions of Article XX of this Charter, including, but not limited to, the liability of the property owner for and the lien on the property for attorney's fees, costs, expenses and interest.
(Special Acts, Ch. 67-1949, § 3)
Editor's note:
Ch. 67-1949, § 3, ratified February 21, 1967, amended Ch. 57-1754, § 5, as amended, by revising subsection (28), changing “other persons interested therein” to “other persons having a beneficial interest therein,” and adding the provisions concerning foreclosure of the lien.
(29) Building or Housing Code. To adopt a building or housing code, or both, and suitable regulations governing the construction, erection, repair and demolition of buildings within the city limits, including, but not limited to, plumbing and wiring, and providing that upon refusal of the responsible party to comply with any decision requiring the demolition of any unsafe, unsightly or unsanitary building or, in the alternative, a building declared by the City Commission to be a nuisance, the city shall cause to be done or make said demolition and the cost thereof shall be a charge and lien against such property of the same extent and character as the lien now granted, or which may hereafter be granted, to said city by law for special assessments for the cost of local improvements, which charge and lien shall be forthwith due and payable, unless the time for the payment thereof shall be extended by the City Commission with the same penalties and the same rights of collection, safe and forfeiture as may be provided by law now or hereafter for special assessments for local improvements.
(Special Acts, Ch. 63-1826, § 3)
Editor's note:
Section 3 of Ch. 63-1826 filed with the Secretary of State on June 18, 1963, amended § 5(29) of Ch. 57-1754 to add a housing code and the provisions regarding demolition.
(30) The city shall have the power to take special censuses of its population from time to time to determine the number of inhabitants in the city. Any such census when certified by resolution of the City Commission shall for all intents and purposes be the official census of the city to determine the city's rights, privileges, and duties under Chapter 171, Florida Statutes.
(31) The City Commission shall have the express power by ordinance to provide for the sale of abandoned or wrecked automobiles, vehicles or property, and after due notice has been given of the proposed sale, shall have the power to execute a bill of sale for the same to any purchaser, and the Motor Vehicle Commissioner of the State of Florida is hereby directed to take notice thereof, and upon proper application by the purchaser, to issue to said person a motor vehicle certificate of title.
(Special Acts, Ch. 59-1763, § 1)
(32) The city shall have the power to provide for the beach erosion control, which it feels is necessary in order to maintain the public and private beaches of the city, and to regulate, control, construct, maintain and repair groins and jetties and shall have the power to have surveys made and to make improvements and corrective measures thereon, in accordance with the authority and procedure contained in Article XX (Sections 183-202) of this Charter.
(Special Acts, Ch. 59-1763, § 1; Ch. 67-1949, § 3)
Editor's note:
Section 1 of Special Acts, Ch. 59-1763, ratified by the electors April 14, 1959, amended above § 5 of Ch. 57-1754 to add subsections (31) and (32) as hereinabove set out. Ch. 67-1949, § 3, ratified February 21, 1967, amended § 5 of Ch. 57-1754, as amended, by deleting from subsection (32) the phrase “as well as to preserve the private beaches which lie adjacent to the City Beach,” and by inserting “and private” between the words “public and beaches.”
(33) (The city shall have the power) To enforce any provision of this charter or any municipal ordinance by injunction or other appropriate judicial writ or proceeding notwithstanding the power of the municipal judge to punish for violation of such charter provision or ordinance.
(Sp. Acts, Ch. 61-2712, § 3)
(34) The City Commission may by appropriate ordinance release any land or portion thereof included in any areas designated as the City of Greater Pompano Beach area as established now or in the future when it appears in the best interests of the public to do so.
(Sp. Acts, Ch. 61-2712, § 4)
(35) Seawalls. (The city shall have the power) To require owners of real property, or other persons having a beneficial interest therein, adjacent to any natural or artificial canal, stream or other body of water, to construct a seawall, or to maintain and repair any seawall, on the property, or cause to have a seawall constructed, maintained and repaired and charge the property owner or other person having a beneficial interest therein for the cost thereof, such charge to be joint and several. The charge shall also constitute a lien against the property, which lien may be foreclosed in the same manner and to the same extent as special assessment liens are foreclosed pursuant to the provisions of Article XX of this Charter, including, but not limited to, the liability of the property owner for and the lien on the property for attorney's fees, costs, expenses and interest. The City Commission shall not require or cause any action as above allowed unless it determines that the condition of the real property on which the action is to be taken is a public nuisance, or injurious to the health, safety or welfare of the neighborhood or the community or dangerous to the navigability of any such canal, stream or other body of water. Real property adjacent to the waters of the Atlantic Ocean is expressly excluded from this subsection.
(Sp. Acts, Ch. 67-1949, § 4)
(36) The City Commission shall have the express power by ordinance to provide for and enforce technical standards for the construction, maintenance and repair of seawalls including, but not limited to, the requirement that a permit or other enabling certificate be obtained prior to the commencement of any construction, maintenance or repair. A method of enforcement shall be determined by the City Commission and may include the power granted in subsection 35 of this section. Real property adjacent to the waters of the Atlantic Ocean is expressly excluded from this subsection.
(Sp. Acts, Ch. 67-1949, § 4)