(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