(A) All new or substantial repair or substantial rehabilitation of banks, berms, green-grey infrastructure, seawalls, seawall caps, upland stem walls, or other similar infrastructure shall be designed and constructed to perform as tidal flood barriers. Tidal flood barriers shall have a minimum elevation of five feet NAVD88 and shall not exceed an elevation of five feet ten inches NAVD88. Persons desiring to construct or repair a tidal flood barrier or rip-rap shall obtain all required permits and furnish a plan to the City Engineer for approval, which are prepared by an engineer licensed in the State of Florida, showing elevations, and proposed and adjacent seawalls referenced to North American Vertical Datum of 1988 (NAVD 88).
(B) All property owners must maintain a tidal flood barrier in good repair. A tidal flood barrier is presumed to be in disrepair and a public nuisance if it allows tidal waters to flow unimpeded through or over the barrier and onto adjacent property or public right-of-way. Failure to maintain a tidal flood barrier in good repair shall be a citable offense. The owner of the tidal flood barrier shall demonstrate progress towards repairing the cited defect within 60 days after receiving a citation and shall complete repairs within 365 days after receipt of the citation. If the required repair or rehabilitation meets the substantial repair or substantial rehabilitation threshold, no later than 365 days after receipt of the citation, the property shall design, obtain permits, cause to be constructed, and obtain final inspection approval of seawall improvements that meet the minimum elevation and design requirements.
(C) Tidal flood barriers below a minimum five feet NAVD88 elevation shall be improved, designed, and constructed so as to prevent tidal waters from impacting adjacent property or public right-of-way. Causing, suffering, or allowing the trespass of tidal waters onto adjacent property or public right-of-way is hereby declared a public nuisance and a citable offense requiring abatement. The owner shall demonstrate progress toward addressing the cited concern within 60 days after receipt of the citation and complete the construction of an approved remedy no later than 365 days after receipt of the citation.
(D) Tidal flood barriers shall be designed and constructed to prevent tidal waters from flowing through the barrier, while still allowing for the release of upland hydrostatic pressure.
(E) To the extent practicable, tidal flood barriers shall be designed and constructed to adjoin immediately proximate tidal flood barriers to close gaps and prevent trespass of tidal water.
(F) All tidal flood barriers below five feet NAVD88 undergoing substantial repair or substantial rehabilitation shall be brought to the minimum height of five feet NAVD88 and shall be constructed along the property's entire shoreline.
(G) All tidal flood barriers below five feet NAVD88 shall be brought to the minimum height of five feet NAVD88 when modifications, alterations, or installation of appurtenant structures (such as mooring structures) exceed 50% of the cost of a tidal flood barrier along the property’s entire shoreline.
(H) All tidal flood barriers shall be constructed with natural lime rock rip-rap, or other approved habitat enhancement, at the waterward face of the structure.
(I) Property owners are encouraged to consider approaches and materials that enhance the biological value of traditional (flat surface) seawalls and flood barriers with the incorporation of living shoreline features, use of hybrid green-grey materials, and the use of biological forms, where practicable.
(J) This section shall not be construed to require the installation of a seawall where other protection measures serve as an equally effective tidal flood barrier.
(K) Tidal flood barriers capable of automatically being elevated in advance of high tides to prevent tidal flooding are permissible, provided that automation cannot require daily human intervention.
(L) Whenever it shall come to the attention of the City Engineer or the City Building Official or designee, that any property adjacent to any natural or artificial canal, stream, or other body of water requires the construction of or maintenance of a tidal flood barrier, rip-rap, derelict erosion control structures or permeable earthen mounds that do not provide an impermeable water barrier to tidal flooding on the property in order to abate a public nuisance or abate a condition which is injurious to the health, safety, or welfare of the neighborhood or community or dangerous to the navigability of any canal, stream, or other body of water or to abate a condition causing soil erosion or mitigation of soil to such body of water the City Engineer or the City Building Official or designee shall inspect the premises. The City Engineer or the City Code Compliance Officer or their designees of the city shall give to the owner or person having a beneficial interest in the property notice of the condition. This notice shall require the owner or person having beneficial interest in the property to obtain all necessary approvals and permits to abate the condition and to complete construction or repair within 365 days. Proper service shall be as set forth in F.S. Ch. 162 and Chapter 37 of this Code. In the event that after a hearing before the Pompano Beach Special Magistrate for Code Enforcement a violation of this section is found, the Special Magistrate shall hear testimony by the alleged violator and the City Engineer or the City Building Official or their designees prior to setting a time for compliance. Such testimony shall include a listing of the regulatory agencies which will be involved in the permitting process and the magnitude of the work which will be involved to abate the condition.
(M) The maximum width of a seawall cap cannot exceed 36 inches seaward from the wet face of the existing tidal flood barrier or rip-rap.
(N) Unless approved by the City Engineer, the wet-face of a reconstructed tidal flood barrier or rip-rap shall not exceed 12 inches from the wet-face of the existing tidal flood barrier or rip-rap. A request to exceed 12 inches must include; a signed and sealed detailed drawing of the existing tidal flood barrier or rip-rap, a signed and sealed statement by a licensed Florida engineer that structural damage will occur to the adjacent properties if a new tidal flood barrier or rip-rap is installed within 12 inches of the existing wet face of the existing tidal flood barrier or rip-rap and all necessary approvals, permits and/or exemptions from the Broward County Environmental Protection and Growth Management Department, Florida Department of Environmental Protection or South Florida Water Management District, United States Army Corps of Engineers, and other governmental agencies as applicable, unless subject to the exceptions set forth in F.S. § 403.813.
(‘58 Code, § 44.01.3) (Ord. 70-19, passed 2-17-70; Am. Ord. 85-19, passed 1-29-85; Am. Ord. 90-30, passed 2-6-90; Am. Ord. 91-52, passed 5-7-91; Am. Ord. 94-06, passed 12-14-93; Am. Ord. 2012-47, passed 6-12-12; Am. Ord. 2017-69, passed 9-26-17; Am. Ord. 2022-28, passed 2-8-22) Penalty, see § 10.99