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(A) Before engaging in business in the city, all recovered materials haulers must:
(1) Be certified by the Florida Department of Environmental Protection or any successor agency performing a like function, pursuant to F.S. § 403.7046; and
(2) Register with the city on an annual basis and must have an active, current registration permit.
(a) Registration and application. Any person who engages in the purchasing, transporting and processing of recovered materials at commercial establishments shall register with the city in accordance with the requirements of this section. The registrant shall submit an original and one copy of all required information to the City of Pompano Beach Solid Waste Department. The registration required by this section shall be in addition to and not satisfied by any occupational license, which may be required. Applications for registration required by this section shall be made to the city upon such form and in such manner as prescribed by the city. The application shall be in such form to elicit the following information and such other information as may be required from time to time:
1. Registration fee. To be acceptable for filing, an application for registration shall be accompanied by a registration fee in the following amount, as appropriate:
Initial registration application or re-application $200
Annual renewal of registration $200
Transfer of registration $100
(3) Certification or proof of insurance, detailing terms and provisions of coverage, must be received and approved by the City of Pompano Beach Risk Management Division.
(a) Liability insurance. The hauler shall maintain liability insurance on all equipment operated in the city for bodily injury and property damage in amounts not less than $250,000/$500,000 bodily injury in any one accident, the latter figure for accidents involving more than one person; and property damage insurance in an amount of not less than $25,000 for one accident. Further, the hauler shall provide worker's compensation insurance for its employees in the form and amount prescribed by law. The aforesaid liability insurance shall include a ten-day notice of cancellation in favor of the city. The hauler shall furnish to the city a copy of the aforesaid insurance policies. The city shall be an additional named insured in such policies.
(B) Recovered materials generated at a commercial establishment must be source separated at the premises of the commercial establishment.
(C) Failure to comply with any requirements of subsection (A) and (B) above shall constitute a violation punishable as provided in § 96.53 of this chapter.
(1) Violation. Each violation of this section or any of its subsections is deemed a separate and distinct violation of this Code; however, for the first violation of operating without a registration the hauler or dealer shall be given a written warning and allowed ten calendar days to apply for and receive the required permit.
(2) Penalty. Any person who violates any provision of this section shall be punished as provided herein:
(a) Fine. Each violation of this section shall be punishable by a minimum civil penalty of $250. Any fine not paid within ten days of issuance shall be filed and prosecuted in the County Court, whereupon, a maximum civil penalty of $500 may be assessed plus the costs associated with investigation and prosecution together with any equitable remedies deemed reasonable and proper by the court.
(D) (1) Registration by recovered materials haulers shall be made with the Solid Waste Manager or his designee, on a form provided and shall include:
(a) Proof of registration with the state per subsection (A)(1) above; and
(b) Registration of the recovered materials hauler's name, including the owner or operator of the hauler, and, if the hauler is a business entity, its general or limited partners, its corporate officers and directors and its permanent place of business; and
(c) Certification that the recovered materials will be processed at a recovered materials processing facility satisfying the requirements of F.S. § 403.7046; and
(d) Proof of a valid, active Business Tax Receipt pursuant to § 96.17 of this chapter and Chapter 113 of this Code; and
(e) Payment of the annual registration fee of $200 to cover the costs incurred in the registration process.
(2) Failure to comply with all registration requirements shall result in a denial of the permit.
(3) Renewal of permits shall be made on an annual basis by January 1 of each year and shall require:
(a) Compliance with all requirements of subsections (A) and (D) above including, but not limited to, payment of the registration fee; and
(b) Filing of a report by the hauler identifying the approximate amount of recovered materials collected, recycled or reused from the city during the prior year; the approximate percentage of recovered materials reused, stored or delivered to a recovered materials processing facility or disposed of in a solid waste disposal facility; and the locations where any recovered materials were disposed of as solid waste as solid waste at the city’s designated disposal facility.
(c) Permit holder must provide to the city a copy of the recovered materials reporting forms, as submitted to the State of Florida Department of Environmental Protection.
(4) Failure to comply with any requirement for renewal shall result in denial of the renewal of a registration permit. In no event shall the registrant perform commercial establishment solid waste collection services under the guise of collecting, transporting, processing, or disposing of recovered materials.
(5) Denial of the issuance or renewal of any registration permit may be appealed to the City Manager by a written request received by the City Manager's office within ten days of receipt of the subject denial. Notice of denial will be mailed to applicants by certified and regular U.S. Mail. The City Manager's office will provide notice of the date, time and location of a hearing to appeal the denial decision; the City Manager or his designee will take evidence and testimony from the applicant and city staff relevant to the determination. Following the hearing, the City Manager or his designee will uphold or reverse the denial in a written determination furnished to all parties within ten days following the appeal hearing.
(6) If the city finds that the hauler has on more than two occasions within a one-year period violated state or local laws, ordinances, rules and regulations in the city related to its handling of recovered materials, the city may temporarily suspend or permanently revoke a permit for a violation as aforementioned and may immediately declare such permit null and void, and, upon such declaration, the hauler issued the permit shall immediately cease all operations and shall be considered to have forfeited such permit and the rights to do business in the city.
(a) Reasonable notice of the intention to suspend or revoke the permit and reasons therefore must first be provided in writing, along with a notice of hearing before the city’s Special Magistrate with date, time and location. A minimum of ten days' notice prior to any such hearing shall be provided.
(b) Appeals of permit revocation shall be heard before one of the Code Enforcement Special Magistrates in a quasi-judicial proceeding with an opportunity for all parties to be heard and present relevant argument and testimony.
(c) Following the hearing, the Special Magistrate may uphold, deny or modify the city's action as to suspension or revocation.
(d) Appeal of the Special Magistrate's decision shall be made to Broward Circuit Court in accordance with the Florida Rules of Civil Procedure.
(e) Nothing in this section shall prohibit the city from enforcing this section by other means.
(Ord. 2016-45, passed 2-23-16; Am. Ord. 2020-03, passed 10-7-19)
NUISANCES
(A) A sanitary nuisance is hereby declared to be the commission of any act by an individual, organization, or corporation or by the keeping, maintaining, propagation, existence, or permission of anything by an individual, organization, or corporation by which the health or life of an individual or the health of lives of individuals may be threatened or impaired or by which or through which, directly or indirectly, disease may be caused.
('58 Code, § 19.01)
(B) The Broward County Health Department is hereby given authority to determine unsanitary conditions. It shall be unlawful for any person to interfere with, hinder, or abuse any agent, officer, or member of the Broward County Health Department or of any city department in exercising his authority pursuant to this section.
('58 Code, §§ 19.02 and 19.03) (Ord. 77-10, passed 1-4-77)
(Ord. 497, passed - - ) Penalty, see § 10.99
(A) Purpose. The purpose of this section is to establish uniform minimum standards for the maintenance of property and structures located in the city. The objectives of this section are to improve, preserve and maintain the buildings and structures of the city and to eliminate the blighting influences thereto. Every building or structure in the city shall be subject to the provisions of this code and shall conform to the requirements of this section regardless of when the building or structure may have been constructed, altered or repaired. This section does not replace or modify standards of other codes or ordinances for the construction, replacement or repair of buildings and is supplemental to the city's Rental Housing Code, Chapter 153, with the Florida Building Code in effect in Broward County, as revised from time to time.
(B) Definitions. For the purpose of this section, the following definitions shall apply.
BLIGHTING INFLUENCE. Any unlawful, offensive or hazardous condition or use of a structure or premises which, by reason of its appearance, directly or indirectly causes, or is likely to cause, an unreasonable interference with a public right or the public health, safety, or peace or a reduction in the value of surrounding properties.
DETERIORATION. The condition or appearance of any structure or grounds, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling or other evidence of physical decay, neglect or lack of maintenance.
DILAPIDATION. A condition of structural disrepair or deterioration to the extent requiring rehabilitation, reconstruction or demolition.
GOOD STATE OF REPAIR. That a building or structure is safe and habitable for its ordinary and intended use, and that the materials used in any structure of fixture are sound and stable and performing the function for which intended and as it relates to fixtures, equipment, appurtenances and similar items shall mean that said item is sound, in good working condition and fully performing the function for which it was designed and intended, and free of dilapidation and deterioration.
PREMISES. Any land and any improvements, structure or appurtenances including, but not limited to, any adjacent swale area, sidewalk or alley.
PUBLIC NUISANCE. Everything that endangers life or health, gives offense to the senses or obstructs reasonable use of any property, or any nuisance prohibited by general, special or local laws.
(C) The following are declared to be public nuisances when occurring upon any street, sidewalk, alley, or other public place or property, or upon any private property:
(1) Any unauthorized accumulation of construction debris, garbage, horticulture trash, or refuse.
(2) Any accumulation of stagnant water.
(3) The presence of grass or weeds in excess of 6 inches in height from the ground up on any property within the city.
(4) The dense growths of trees, underbrush, shrubs or wild growth on developed property provided the removal of such vegetation is not specifically prohibited by any governmental agency having the authority to preserve or protect designated areas or vegetation.
(5) Any unauthorized accumulation of ground, sand, soil, or other fill material, except upon land for which a current valid building permit is in force, in which case the fill material shall not be deposited, stockpiled, or maintained at a height greater than the elevation required by the City flood criteria map and floodplain management regulations.
(6) The presence of any discarded or unused objects and/or equipment, including but not limited to furniture, stoves, refrigerators, freezers, tires, cans, or containers.
(7) Any vegetation which has grown over or encroaches into the area above a public sidewalk by more than three inches or which has grown over or encroaches into the area above a paved or hard-surfaced public right-of-way by more than six inches.
(8) Any tree, living or dead which, because of its physical condition, height, overhang, angle of lean or other factor, is determined by the Code Enforcement Division to be endangering the safety of the public or the security or usefulness of any public property, street, sewer or sidewalk or other public property. For the purpose of this section, any tree encroaching into the area over a public sidewalk to a height of nine feet or any tree which encroaches into the area over a paved or hard-surfaced public right-of-way to a height of 15 feet, shall be considered to be interfering with the usefulness of the public sidewalk or public right-of-way.
(9) Any Florida Holly (Brazilian Pepper or Schinus terebinthifolius) or Cateput (Punk or Melaleuca quinquenervia) located on undeveloped or vacant land not improved with a permitted structure.
(10) An infestation of insects, rodents, or other vermin that may present a hazard to the public.
(11) Any accumulation of debris, garbage, horticulture trash, refuse, waste, or any matter of any nature whatsoever, which is subject to decay, putrefaction, and the generation of noxious or offensive odors, gases or fumes which can be detected by persons from outside of a premises or from any adjoining lot, property or structure, or which may serve to attract insects, rodents or other vermin.
(12) Recycling drop-off stations as defined in Section 155.4303AA.2. of the city’s code, that have been located on properties in the city with no approved building permit from the city which shall be deemed to constitute a windstorm hazard.
(13) The presence of any combustible, explosive and hazardous material or other condition which has the potential to cause immediate danger to the public health, safety and welfare or the environment either by itself or interaction with other factors.
(14) A use, condition, activity, building, structure or premises that causes unreasonable, substantial and imminent interference with a right common to the general public including, but not limited to, the public health, morals, safety, peace, welfare, comfort or convenience, including those unlawful activities set forth in §§ 33.130 and 132.38 of the city’s Code of Ordinances.
(D) The following minimum property standards shall be required for the exterior maintenance of all structures and premises in the city. Failure to comply with any such standard shall constitute a blighting influence as defined herein.
(1) All exterior surfaces of buildings, sheds and structures, excluding roofs, shall be property maintained in a good state of repair. Such exterior surfaces, other than decay-resistant wood, shall be protected from the elements by paint or other protective coating applied in a workmanlike fashion. Painted or protective coatings shall be uniform in color without blemishes throughout the exterior.
(2) Every foundation, exterior wall, window, roof, and all other exterior surfaces shall be free of holes, cracks, breaks, loose or rotted wood and any condition which might allow rain or moisture, vermin or insects to enter the interior portions of walls or to the occupied spaces of any dwelling, commercial building or structure.
(3) Roofs shall be structurally sound, watertight and shall prevent rainwater or moisture from entering the walls, ceilings or any portion of a dwelling, commercial building or structure. All building roofs and gutters shall be kept free of faded or chipped paint and shall be maintained in a good state of repair and in good condition to prevent deterioration, and roofs must be cleaned (pressure and/or chemical), repainted or recovered with like materials when 25% or more of any exposed roof surface becomes discolored or is scaling. In the event a roof shingle or tile is replaced, the replacement shingle or tile shall be of the closest possible color and shade to the existing roofing shingles or tiles.
(4) Fences, exterior walls, exterior doors, exterior windows, dumpster enclosures, decorative walls, perimeter hedges, playground equipment, trellises, swimming pools, screen enclosures, modular storage structures and similar utility enclosures, shall be maintained in a good state of repair.
(5) Each exterior wall surface of buildings and structures, fences, barriers or barricades, stand-alone walls including, but not limited to, subdivision or common development walls, shall be kept free of faded or chipped paint, and shall be maintained in a good state of repair and good condition to prevent deterioration, and must be cleaned (pressure and/or chemical), repainted or recovered with like material(s) when 25% or more of any exposed surface becomes discolored or is peeling.
(6) Any awning or marquee and its supporting structural members shall be maintained in a good state of repair. Awnings or marquees made of cloth, plastic or of a similar material shall not show evidence of excessive weathering, fading or discoloration, ripping, tearing or other damage.
(E) No person owning, leasing, occupying, or having charge of any premises shall maintain or keep any public nuisance thereon, or shall any such person keep or maintain such premises in a manner causing a blighting influence in the neighborhood in which the premises are located. For purposes of this division, the term PREMISES shall be defined as including any swale area, sidewalk, or alley adjacent to private premises.
(F) The provisions of divisions (C)(3) and (4) of this section shall not apply to the declining slope of land that adjoins a body of water if the slope of land is a parcel or part of a parcel of land which is undeveloped.
(Ord. 83-35, passed 2-8-83; Am. Ord. 84-68, passed 6-19-84; Am. Ord. 92-25, passed 2-18-92; Am. Ord. 93-47, passed 5-25-93; Am. Ord. 94-58, passed 7-26-94; Am. Ord. 99-64, passed 7-27-99; Am. Ord. 2000-08, passed 10-12-99; Am. Ord. 2003-25, passed 1-14-03; Am. Ord. 2006-27, passed 3-14-06; Am. Ord. 2012-63, passed 7-24-12; Am. Ord. 2013-60, passed 5-28-13; Am. Ord. 2017-57, passed 7-11-17; Am. Ord. 2022-72, passed 9-27-22)
Cross-reference:
Authority of city to require property owners to clean vacant lots, see Charter section 5 (28)
Building or obstruction on streets and sidewalks a nuisance, see § 100.35
(A) Diseased trees. Any palm tree on the list of host trees susceptible to the disease “lethal yellowing” set forth herein which is found to have more than one-fourth of its fronds yellowed is hereby declared to be a public nuisance, inasmuch as such a tree cannot be expected to respond to treatment and is likely to infect all surrounding palm trees. The following named palm trees are declared to be host trees susceptible to the disease “lethal yellowing.”
(1) Cocos nucifera 1. (coconut palm), all varieties, including Malayan dwarf.
(2) Veitchia merrillii (Christmas palm, Manila, or Adonidia).
(3) Pritchardia pacifica.
(4) Pritchardia thurstonii.
(5) Arikuryroba spp. (Arikury palm).
(6) Corypha spp. (talipot palm).
(7) Phoenix reclinata (Senegal date palm).
(8) Phoenix canariensis (Canary Island date).
(9) Phoenix dactylifera l. (date palm).
(10) Trachycarpus fortunei (windmill palm).
(11) Mascarena verschaffeltii (spindle palm).
(12) Caryota mitis Lour. (cluster fish-tail palm).
(13) Borassus flabellifer l. (Palmyra palm).
(14) Chrysalidocarpus cabadae (Cabada palm).
(15) Dictyosperma album (Bory) (hurricane or princess palm).
(B) The Code Enforcement Division is charged with enforcement of this section. Any employee of the Code Enforcement Division shall promptly effect the removal of any tree declared to be a nuisance by this section which is situated entirely on public property, or of parts that are liable to fall or are dangerous or an obstruction. He may enter upon private property at all reasonable hours for purposes of inspecting trees thereon, and may remove specimens required for purposes of analysis to determine whether or not the trees are diseased. It shall be unlawful for any person, firm, or corporation to prevent any employee of the Code Enforcement Division from entering on private property for purposes of carrying out his duties hereunder, or to interfere with any employee of the Code Enforcement Division.
('58 Code, § 17.1)
(Ord. 76-29, passed 3-2-76; Am. Ord. 83-59, passed 6-28-83; Am. Ord. 93-47, passed 5-25-93)
Cross-reference:
Abatement of nuisance of diseased or dangerous trees, see § 96.28 (D)
(A) The Code Enforcement Division by and through the Code Enforcement Inspectors shall inspect lands within the city to determine if violations of this chapter exist. If the Code Inspector determines that a public nuisance subject to nuisance abatement exists on any lot, tract, parcel, premises, or other real property within the city, whether improved or unimproved, he shall forthwith notify the owner of the property as such ownership appears upon the last complete records of the County Tax Assessor. The notice shall be given in writing by certified mail, and regular mail, postage prepaid, which shall be effective and complete when properly addressed as set forth above and deposited in the United States mail with postage prepaid, and together with the physical posting of the notice on the property shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on any one owner shall be sufficient. The time for compliance as set forth in the notice shall be deemed to commence with the date such notice is so affixed on the property.
(B) Content of the notice shall be as follows:
(1) Determination that a public nuisance exists on the land, and what constitutes the nuisance.
(2) The owner or owners of the land shall have seven days from the date the notice is received to remove the condition causing the nuisance on the land, or seven days from the physical posting of the notice on the property, whichever occurs earlier.
(3) If the conditions are not corrected and/or removed, the city shall have them corrected and/or removed at the expense of the owner or owners, including all costs of inspection and administration.
(4) The owner or owners shall have five days from the date the notice of violation is received or from the date of physical posting of the property to file a written petition to the City Manager for a hearing before a three-person board which shall be composed of the City Manager, the Director of Public Works, and the Building Official or their designees, which hearing shall be held within ten days of the date the petition is received by the Manager.
(5) The issues to be determined at said hearing are whether the conditions do in fact exist and why the conditions should not be abated by the city at the expense of the owner, and the time limits for such abatement which may be extended by the Board upon a showing of good cause. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner.
(6) If, after the hearing, the Board determines that the conditions which exist on the property constitute a public nuisance, the owner or owners of the property shall have an additional seven days to correct and/or remove the conditions, after which the city shall have the right to have the conditions abated at the expense of the property owner.
(a) If the owner has not requested a hearing within five days or abated the condition within seven days from the date of notice as set forth herein, the city shall have the right to have the objectionable condition corrected and/or removed at the expense of the owner.
(b) If the city has the condition abated and payment is not received within 30 days from the date of the physical posting or receipt of the mailed notice of assessment for the cost of such work, together with all costs of inspection and administration, the city shall have a lien placed against the property for the cost of the work, including inspection and administration costs, plus interest as set forth in F.S. § 55.03 as now enacted or as may hereafter be amended, plus reasonable attorney's fees and other costs of collecting said sums, without further hearing by the Board or City Commission.
(Ord. 88-24, passed 1-12-88; Am. Ord. 2000-08, passed 10-12-99; Am. Ord. 2002-29, passed 1-22-02)
The notice required by § 96.28 shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Date
TO:
ADDRESS:
Our records indicate that you are the owner(s) of the following property in Pompano Beach, Florida:
(describe property)
You are hereby notified that Code Enforcement Division by and through its Code Inspectors of the City of Pompano Beach, Florida, has on the day of , 20 , determined that a nuisance exists on your property in violation of section of the City of Pompano Beach Code of Ordinances. The nuisance is more particularly described as follows:
(describe nuisance)
You, as the owner/owners of the above-described property have seven (7) days from the date of receipt of this notice or from the date of the physical posting of this notice on the property, whichever occurs earlier, to correct and/or to remove the condition causing the nuisance from the property in order to comply with the above-referred to City Ordinance. If the conditions are not corrected and/or removed within this time, the City of Pompano Beach shall proceed to correct and/or remove or cause to correct and/or remove the conditions at the expense of the owner/owners of the property, which expense shall include the costs of inspection and administration.
You also have the right within five (5) days from the receipt of this notice or from the date of the physical posting of the property, to file a written petition with the City Manager for a hearing before a three-person board composed of the City Manager, the Director of Public Works, and the Building Official, or their designees, which hearing shall be held within ten (10) days of the date the petition is received by the City Manager.
The issues to be determined at said hearing are whether the conditions do in fact exist and why the conditions should not be abated by the City at the expense of the owner, and the time limits for such abatement. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner.
If after a hearing the Board determines that the conditions which exist on the property constitute a public nuisance, the owner or owners of the property shall have an additional seven (7) days to correct and/or remove the conditions after which the City shall have the right to have the conditions abated at the expense of the property owner. If the owner has not requested a hearing within seven (7) days, the City shall have the right to have the objectionable condition corrected and/or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days from the date of physical posting or receipt of the mailed notice of assessment for the cost of such work together with all costs of inspection and administration the City shall have a lien co-equal with liens of ad valorem taxes and superior to all other liens of record placed against the property for the cost of the work, including inspection and administration costs, plus interest as set forth in F.S. § 55.03 as now enacted or as may hereafter be amended, plus reasonable attorney’s fees, and other costs of collecting said sums, without further hearing by the Board or City Commission.
CITY OF POMPANO BEACH
By:
(Ord. 88-24, passed 1-12-88; Am. Ord. 2008-60, passed 9-23-08)
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