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The notice required by § 96.28 shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Our records indicate that you are the owner(s) of the following property in Pompano Beach, Florida:
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:
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
(Ord. 88-24, passed 1-12-88; Am. Ord. 2008-60, passed 9-23-08)