(A) Statement of Legislative Intent. Chronic nuisance properties present health, safety and quality of life concerns and exist when the persons responsible for such properties fail to take corrective action to abate nuisance activities or nuisance conditions. Chronic nuisance properties have a significant adverse effect on the quality of life, safety and health of the neighborhoods where they are located. Chronic nuisance properties are a financial and operational burden to the city by generating repeated calls for service to the properties. Chronic nuisance properties adversely affect the value of adjacent properties. The City of Pompano Beach's Chronic Nuisance Property Code is enacted to address and reduce nuisance activities and/or nuisance conditions that disrupt quality of life and repeatedly occur or exist at properties. The nuisance abatement process hereinafter set forth may be used by the city in conjunction with any and all legal actions available to the city. It is the city's intent:
(1) To identify chronic nuisance activities and chronic nuisance conditions.
(2) To hold accountable those property owners responsible for such nuisance activities and/or conditions on the property.
(3) To assist victims of crime and penalize those who commit crimes or those who permit conditions to exist that give rise to crime or excessive calls for service to the police and fire departments.
(4) To establish rules, procedures, and penalties to address property owners that have chronic nuisance issues and fail to take corrective measures.
(5) To work in partnership with property owners to address the negative results caused by chronic nuisance activities and/or conditions, and to improve the vitality of neighborhoods by addressing excessive calls for service to the police and fire departments.
(6) To encourage property owners and operators to cooperate by classifying calls for service made by the owners or operators which demonstrate their commitment to abate nuisance activities and/or conditions on their property such that the self-reported activities will not be included as nuisance activity responses.
(B) This section shall not be utilized as a method to collect or otherwise enforce collection of any liens placed by the city pursuant to F.S. Chapter 162, and Chapter 37 of this Code, or nuisance abatement liens pursuant to Chapter 96 of this Code, or unsafe structure liens pursuant to the Florida Building Code and Chapter 152 of this Code. The procedures herein are utilized solely as an alternative method of enforcement for properties in the city containing various violations that negatively affect its residents under the City's Home Rule Power pursuant to s.(2)(b), Art. VIII of the State Constitution and F.S. Chapter 166. Collection and enforcement of any liens imposed pursuant to the aforementioned enforcement actions shall proceed solely in accordance with Florida Law as prescribed for same.
(C) Definitions. For the purpose of this section, the following definitions shall apply.
(1) ACTION PLAN. A plan imposed by the Nuisance Abatement Board and incorporated in a nuisance abatement order to address and eliminate nuisance activity on the owner’s property by the implementation of proactive steps by the property owner.
(2) CHRONIC NUISANCE PROPERTY. A property on which one or more continuing nuisance activities occurs or re-occurs, as demonstrated by a pattern of nuisance activity as defined herein.
(3) CHRONIC NUISANCE SERVICES. Remedial action[s] taken by the city to eliminate or mitigate a nuisance condition that threatens public health, safety or welfare.
(4) NUISANCE ACTIVITY. Nuisance activity, or combination thereof as listed below, means any activity occurring upon a property relating to the following violations, whenever engaged in by the property owner, operator, agent, tenant, or invitee of the property owner, operator, agent or tenant:
(a) Chapter 110 - Alcoholic beverages
(b) Chapter 97 - Noise control regulations
(c) F.S. § 874.03 - Criminal street gang
(d) Chapter 132 - Sexual offender residency prohibition
(e) F.S. § 767.12 - Dangerous dogs
(f) F.S. § 784.03 - Battery
(g) F.S. § 784.041 - Felony battery
(h) F.S. § 784.045 - Aggravated battery
(i) F.S. § 790.01 - Carrying a concealed weapon
(j) F.S. § 790.10 - Improper exhibition of dangerous weapons or firearms
(k) F.S. § 790.15(1) - Discharging firearm in public
(l) F.S. § 796.06 - Renting space to be used for prostitution
(m) F.S. § 796.07 - Prostitution
(n) F.S. § 800.03 - Exposure of sexual organs
(o) F.S. § 806.13 - Criminal mischief
(p) F.S. § 810.08 - Trespass in structure or conveyance
(q) F.S. § 810.09 - Trespass on property other than structure or conveyance
(r) F.S. § 812.014 - Theft
(s) F.S. § 812.019 - Dealing in stolen property
(t) F.S. § 812.173 - Convenience business security
(u) F.S. § 823.01 - Nuisances
(v) F.S. § 828.12 - Cruelty to animals
(w) F.S. § 856.011 - Disorderly intoxication
(x) F.S. § 856.015 - Open house parties
(y) F.S. § 856.021 - Loitering or prowling
(z) F.S. § 856.022 - Loitering or prowling in close proximity to children
(aa) F.S. § 870.01 - Affrays and riots
(bb) F.S. Ch. 874 - Criminal gang enforcement and prevention
(cc) F.S. § 877.03 - Breach of the peace; disorderly conduct
(dd) F.S. Ch. 893 - any offense under the Florida Comprehensive Drug Abuse Prevention & Control Act, including but not limited to public nuisances as defined by F.S. § 893.138.
(ee) Any other offense under state or federal law that is punishable by a term of imprisonment exceeding one year.
(ft) Failure to comply with any code enforcement order entered by the Special Magistrate pursuant to F.S. Chapter 162, and Chapter 37 of this Code upon expiration of any appeal period or ruling on appeal.
(gg) Failure to comply with an order of the city's Unsafe Structure Board pursuant to the Florida Building Code and Chapter 152 of this Code.
(hh) Chapter 96 - Sanitary and Public Nuisances
(ii) Chapter 102 - Alarm Systems
(jj) As otherwise provided by this Code.
(5) NUISANCE ABATEMENT BOARD. Designated board consisting of members from a cross-section of the community authorized to hear evidence and address issues relating to the existence of Chronic Nuisance Properties. Said board retains jurisdiction to impose corrective action plans to abate the chronic nuisances within a specified time period. Failure to comply with the ordered action plan grants the board authority to impose any and all fines in accordance with § 33.130(4)(e) of the City Code.
(6) NUISANCE CONDITION. Any temporary or permanent condition on the property which arises from nuisance activity.
(7) OPERATOR. Any agent; employee; property manager; tenant; sub-tenant; contractor, sub-contractor; licensee; invitee; or other individual or entity that is authorized by the property owner to supervise, manage or otherwise control any activities which may occur on the property.
(8) PATTERN OF NUISANCE ACTIVITY. Real property shall be deemed to exhibit a pattern of nuisance activity when:
(a) The city's law enforcement agency has responded to two or more nuisance activities at the property within 30 days;
(b) The city's law enforcement agency has responded to four or more nuisance activities at the property within six months;
(c) The city's law enforcement agency, fire, medical or other emergency personnel have responded to two or more calls for service within 30 days, or four or more calls for service within six months to the same property to assist an individual who displays the symptoms of an overdose of a controlled substance;
(d) An alcoholic beverage establishment where the city's law enforcement agency has responded to three or more nuisance activities at the property within 30 days or 10 or more nuisance activities at the property within six months;
(e) There is a failure to correct code violations by the time ordered by the Special Magistrate in any order entered pursuant to § 37.05 of this Code and additional nuisance activity as defined above in subsection (4) exists on the property;
(f) There is a failure of the property owner to abate a nuisance in accordance with notice and procedures pursuant to Chapter 96 of this Code and additional nuisance activity as defined above in subsection (4) exists on the property; or
(g) There is a failure to comply with an order of the city's Unsafe Structure Board pursuant to the Florida Building Code and Chapter 152 of this Code and additional nuisance activity as defined above in subsection (4) exists on the property.
(D) Construction and Application.
(1) Pattern of nuisance activity will not be construed to include:
(a) A nuisance activity where the property owner, operator, agent, tenant or invitee of the property owner, agent or tenant is the victim of a crime;
(b) A complaint or call for service to which the city's law enforcement agency responded and determined no violation was committed; or
(c) A domestic violence call.
(2) Separate occurrences. For purposes of this Code, each day that the police department responds to a nuisance activity at the property shall be a separate occurrence.
(E) Declaration of Chronic Nuisance.
(1) Declaration. If a pattern of nuisance activity exists upon real property, the city may bring the petition to the Nuisance Abatement Board for a hearing to determine if the property should be declared a chronic nuisance. The city shall present evidence to the board during a publicly noticed hearing which support the city’s petition for a chronic nuisance declaration. If the board determines, based on the evidence presented by all parties involved, that a chronic nuisance exists, the board’s declaration of a chronic nuisance shall be made during the publicly noticed meeting and shall be memorialized in writing in a final order and sent to the property owner by certified mail, return receipt requested, to the address listed on the ad valorem tax roll. If said order is not complied within the given timeframe, the city may prosecute the matter in the Circuit Court of Broward County.
(2) Mailing. Mailing to the property owner at the address listed on the ad valorem roll shall be prima facie proof of delivery. Notice shall also be posted at the property where the nuisance activities occurred. Removal of the posted notice without written approval from the city is prohibited, and a violation punishable under § 10.99 of this Code. The notice of violation shall be sent containing the following information:
(a) A reference to Chapter 132, § 132.38 (the "City of Pompano Beach Chronic Nuisance Property Code");
(b) The address and parcel control number of the property, as listed in the county’s Public Records;
(c) The dates that the nuisance activities occurred on the property;
(d) A description of the nuisance activities;
(e) A statement that the matter will be set for hearing before the Nuisance Abatement Board within 45 days from the notice mailing. Failure of the property owner or representative of the property owner to attend said hearing shall be deemed a waiver of the right to contest the notice of violation;
(f) A statement that the costs of any chronic nuisance services provided by the city to a property that has been declared to be a chronic nuisance may be levied against the property as a non-ad valorem assessment superior to all other private rights, interests, liens, encumbrances, titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes;
(g) A statement that unpaid assessments may be certified to the tax collector for collection pursuant to the uniform method provided in F.S. § 197.3632; and
(h) A warning that the posted notice cannot be removed except with written permission by the city.
(F) Entry of Chronic Nuisance Order.
(1) If the Nuisance Abatement Board upholds the notice of violation, the board shall enter a chronic nuisance order which shall include:
(a) Findings of fact(s) establishing a pattern of nuisance activity and a violation of this section;
(b) Authorize the appropriate city personnel to provide chronic nuisance services to the property;
(c) Authorize the city to bill the costs of any chronic nuisance services to the owner of the chronic nuisance property;
(d) Provide for mailing of a copy of the chronic nuisance service order by first class mail to any mortgagee of record. Failure to provide a copy of the chronic nuisance service order to a mortgagee of record shall not operate to release or discharge any obligation under this article or otherwise affect the validity of a chronic nuisance service order;
(e) Provide for the recording of a certified copy of the Special Magistrate's chronic nuisance service order in the public records; and
(f) Provide for the continuing jurisdiction over the chronic nuisance property.
(g) Order abatement procedures to include but are not limited to the following:
(i) Commencement of an eviction action by the property owner pursuant to Chapter 83 Florida Statutes to remove from the property those individuals engaged in the nuisance activity;
(ii) Implementation of “crime prevention through environmental design” (CPTED) measures;
(iii) Frequency of site visits and inspections by the owner or owner’s agents at various times of both day and night;
(iv) Hiring of property management;
(v) Hiring of private security;
(vi) Installation of security cameras;
(vii) Use of a written lease agreement which delineates prohibited tenants or tenant invitee conduct;
(viii) Criminal background checks for prospective tenants and lease renewals;
(ix) Posting of “no trespassing” signs at the property and execution of a “no trespass affidavit” authorizing the police department to act as an agent of the property owner to enforce trespass statutes on the property;
(x) Regular requests to the city’s law enforcement agency for offense and incident reports relating to the property. Reports are available through the records custodian of the police department records division;
(xi) Written documentation of any and all efforts to curtail or eliminate the reoccurrence of nuisance activities on the property; or
(xii) Other action that the city determines is reasonable sufficient to curtail or eliminate the reoccurrence of nuisance activities on the subject property.
(2) The board may agree to modify the final nuisance abatement order when the property owner demonstrates that modification will improve nuisance abatement action.
(3) The nuisance abatement order shall be recorded by the city in the official records of Broward County, Florida.
(4) The city, through its code enforcement and/or the city’s law enforcement agency, shall periodically monitor the property to assure compliance for a period of one year following execution of the nuisance abatement order. If the property owner complies with the order, as determined by the Nuisance Abatement Board, the declaration of chronic nuisance will be rescinded, the city will issue and record a notice of compliance related to the order that was previously recorded, and no further action by the property owner shall be required. Nothing contained herein shall prevent the city from requiring the property owner to appear before the Nuisance Abatement Board if the nuisance activity re-occurs.
(5) If the board rejects the city's declaration of chronic nuisance notice of violation, the board shall identify the factual procedural or legal error upon which the decision is based.
(6) An order rejecting the City's declaration of chronic nuisance shall not bar the city from recommencing the chronic nuisance process.
(G) Appeal of Nuisance Abatement Board Orders. The property owner or the city may appeal a final order of the Nuisance Abatement Board to the Broward County Circuit Court. Such appeal shall not be a hearing de novo, but shall be limited to the appellate review of the record created before the Special Magistrate. An appeal shall be filed within 30 days of the execution of the order to be appealed.
(H) Finality and Duration of a Chronic Nuisance Order.
(1) An order is final 30 days following entry. Entry shall mean that the order is executed by the board chair and filed with the City Clerk.
(2) The chronic nuisance order entered in accordance with this section shall be terminated by subsequent order of the board when either the city or the property owner request reconsideration of the original order and the board finds that the nuisance activities have been abated at the property for a period of one year. It is the responsibility of the property owner to contact the city to document the abatement. If the city determines that the nuisance has been abated, the one-year time period specified herein shall commence as of the date of the city's abatement determination.
(I) Abatement of Chronic Nuisances; Provision of Services; Apportionment.
(1) Abatement by the city. The property owner shall be responsible for abatement of nuisances on the property. If the Code Compliance Officer or the city's law enforcement agency or any designee thereof, determine, upon consulting with the City Attorney's Office, that conditions exists on the property that constitute health and safety issues and the property owner has not taken remedial action, the city, through its Code and/or the city's law enforcement agency or any designee thereof, may act in the interest of public health safety and welfare and take remedial action. The city may also take abatement action when authorized or ordered by the Nuisance Abatement Board or Judge. The city's costs associated with taking such remedial action shall be billed to the property owner and said costs may be collected by the city by any legal means.
(2) Apportionment. City incurred costs in providing remedial action shall be entirely apportioned to the assessed real property receiving the remedial chronic nuisance service(s).
(J) Establishment of Costs; Billing of Costs; Notice of Delinquency.
(1) Establishment. Chronic nuisance service or remediation costs are established by City Commission resolution.
(2) Billing of chronic nuisance service or remediation costs. The city shall bill the property owner(s) of the chronic nuisance property by first class mail to the address listed on the ad valorem tax roll. Where there are multiple owners of a property, the city need only bill one of the owners. The bill shall contain at least the following information:
(a) The address and parcel control number of the chronic nuisance property;
(b) The date of each chronic nuisance service;
(c) A brief description of each chronic nuisance service;
(d) The total amount of the bill for each chronic nuisance service;
(e) A statement that the total amount of the bill shall be paid to the city within 30 days from the date of the bill and that any chronic nuisance service or remediation cost which has not been paid within 30 days from the date of the bill shall be delinquent;
(f) A statement that any unpaid chronic nuisance service or remediation costs will be levied against the property as a non-ad valorem assessment superior to all other private rights, interests, liens, encumbrances, titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes; and
(g) A statement that unpaid assessments may be certified to the tax collector for collection pursuant to the uniform method provided for in F.S. § 197.3632.
(3) Notice of delinquency. The total amount of the bill shall be paid to the city within 30 days from the date of the bill. Any chronic nuisance service or remediation cost which has not been paid within 30 days from the date of the bill shall be delinquent. If the property owner fails to pay the total amount of the bill within 30 days from the date of the bill, the city shall notify the property owner of the delinquency. The notice of delinquency shall be by first class mail to the address listed on the ad valorem tax roll and shall contain the following information:
(a) The address and parcel control number of the chronic nuisance property;
(b) The amount of the delinquent billings, individual and total;
(c) A statement that any unpaid chronic nuisance service or remediation costs will be levied against the property as a non-ad valorem assessment superior to all other private rights, interests, liens, encumbrances, titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes; and
(d) A statement that unpaid assessments may be certified to the tax collector for collection pursuant to the uniform method provided for in F.S. § 197.3632.
(4) Construction of chronic nuisance costs. Chronic nuisance service(s) or costs shall not include any amount attributable to general law enforcement activities or the general enforcement of municipal codes upon a property that has not been declared by the city to be a chronic nuisance and that has not received a chronic nuisance service order from the Nuisance Abatement Board.
(K) Change in Title to Chronic Nuisance Property. Any new purchaser, persons or business entity who takes title to the property which has been declared a chronic nuisance property shall provide the city with an action plan to abate the chronic nuisance within 45 days of taking lawful title.
(L) Unpaid Chronic Nuisance Service Costs; Non-Ad Valorem Assessment. Any chronic nuisance service costs that remains delinquent and unpaid as of June 1 of each year shall be a special assessment levied against the benefitted real property as a non-ad valorem assessment superior to all other private rights, interests, lines, encumbrances, titles and claims upon the benefitted real property and equal in rank and dignity with a lien for ad valorem taxes.
(M) Initial Assessment Roll.
(1) Contents of the initial assessment roll. The City Manager, or his or her designee, shall, annually, prepare or direct the preparation of an initial assessment roll which shall contain the following:
(a) A summary description of all benefitted real property with delinquent chronic nuisance service costs to be assessed, conforming to the description contained on the ad valorem tax roll;
(b) The name of the owner of the benefitted real property as listed on the ad valorem tax roll and maintained on the property appraiser's system; and
(c) The amount of the chronic nuisance service costs to be assessed against each parcel of benefitted real property.
(2) Public inspection of initial assessment roll. The initial assessment roll shall be retained by the City Clerk and shall be open to public inspection.
(3) Notice to property appraiser. A copy of the initial assessment roll shall be provided to the property appraiser and included as a part of the notice of proposed property taxes under F.S. § 200.069, the truth-in-millage notification.
(N) Notice of Public Hearing.
(1) Public hearing. The City Commission shall adopt a non-ad valorem assessment roll at a public hearing in accordance with F.S. § 197.3632.
(2) Notice by mail. The city shall notice the hearing related to the initial assessment roll by first class mail. The notice by mail shall be sent to each person owning property subject to the assessment and shall include the following information:
(a) The purpose of the assessment;
(b) The total amount to be levied against each parcel of assessed real property;
(c) A statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title;
(d) A statement that all affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of the notice; and
(e) The date, time, and place of the hearing.
The mailed notice shall conform to the requirements set forth in F.S. § 197.3632. Notice shall be mailed at least 20 calendar days prior to the hearing to each property owner at the address listed on the ad valorem tax roll. Failure of the property owner to receive such notice due to mistake or inadvertence shall not affect the validity of the assessment roll nor release or discharge any obligation for payment of a chronic nuisance service assessment.
(3) Notice by publication. The city shall notice the hearing related to the initial assessment roll by publication in a newspaper generally circulated within the county. The published notice shall conform to the requirements set forth in F.S. § 197.3632 and shall contain at least the following information:
(a) Identifying the city;
(b) A geographic depiction of the city boundaries subject to the assessment;
(c) A brief and general description of the chronic nuisance services provided;
(d) The proposed schedule of the assessment;
(e) Statement that the assessment will be collected by the tax collector;
(f) A statement that all affected property owners have the right to appear at the public hearing and the right to file written objections within 20 days of the publication of the notice; and
(g) A statement that the initial assessment roll is available for inspection at the office of the City Clerk and that all interested persons may ascertain the amount to be assessed against a parcel of assessed real property at the office of the City Clerk.
(O) Public Hearing; Adoption of Final Assessment Roll.
(1) Public hearing. At the scheduled public hearing, the City Commission shall receive the written objections and shall hear testimony from all interested persons. The City Commission may adjourn the hearing from time to time. If the City Commission adopts the non-ad valorem assessment roll, the City Commission shall specify the amount of the assessment. Notwithstanding the notices provided for in this article of the Code, the City Commission may adjust the assessment or the application of the assessment to any assessed real property based on the benefit which the city will provide or has provided to the property.
(2) Adoption of final assessment roll. The City Commission may, at the public hearing or at any subsequent meeting of the City Commission, adopt an assessment roll which shall confirm, modify, or repeal the initial assessment roll with such amendments, if an, as the City Commission deems equitable.
(3) Legislative determination of special benefit and fair apportionment. The adoption of the final assessment roll by the City Commission shall constitute a legislative determination that all assessed parcels of real property derive a special benefit from the chronic nuisance services provided by the city and a legislative determination that the assessments are fairly and reasonable apportioned to the properties.
(P) Lien of Chronic Nuisance Service Assessments. Upon the adoption of the final assessment roll, all chronic nuisance service assessments shall constitute a perfected lien against the assessed real property superior to all other private rights, interests, liens, encumbrances, titles and claims upon the property and equal in rank and dignity with a lien for ad valorem taxes.
(Q) Correction of Errors and Omissions.
(1) Validity of assessment. Any informality or irregularity in the proceedings on connection with the levy of a chronic nuisance service assessment shall not affect the validity of the assessment after approval by the City Commission. A chronic nuisance service assessment as finally approved by the City Commission shall be competent evidence that the assessment was duly levied, made and adopted, and that all other proceedings were duly taken. No act or error or omission on the part of the property appraiser, tax collector, finance director, or other employee of the city shall operate to release or discharge any obligation for payment of a chronic nuisance service assessment imposed by the city under this article.
(2) Correction of errors by Finance Director. Prior to the delivery of the assessment roll to the tax collector in accordance with F.S. § 197.3632, the Finance Director shall have the authority at any time to correct any error or omission in applying the assessment to any particular parcel of assessed real property not otherwise requiring the provision of notice pursuant to F.S. § 197.3632. Any such correction shall be considered valid ab initio and shall not affect the enforcement of the chronic nuisance service assessment. Any such correction shall be processed by the Finance Director and not the property appraiser or tax collector.
(R) Method of Collection. Unless otherwise directed by the City Commission, chronic nuisance service assessments shall be collected pursuant to the uniform method provided in F.S. § 197.3632. Any required hearing or notice may be combined with any other hearing or notice required by F.S. § 197.3632 or other provision of law.
(S) Alternative Method of Collection.
(1) In lieu of utilizing F.S. § 197.3632 collection methods, the city may elect to collect a chronic nuisance service assessment by any other method authorized by law or under the alternative collection method provided by this section.
(2) The city shall have the right to foreclose and collect all delinquent chronic nuisance service assessments in the manner provided by law for the foreclosure of mortgages on real property. All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action shall be included in any judgment or decree rendered.
(3) Notwithstanding the city's use of an alternative method of collection, the finance director shall have the same power and authority to correct errors and omissions as provided in this section.
(Ord. 2018-69, passed 7-10-18; Am. Ord. 2023-21, passed 12-13-22)