A. Violations of any provision in this code may be:
1. Prosecuted before the Special Magistrate for Code Enforcement pursuant to Chapter 37 (Pompano Beach Code Enforcement) of the
Code of Ordinances
; or
2. Prosecuted as a violation in the County Court, punishable under Section 10.99 of the
Code of Ordinances
, unless otherwise indicated; or
3. The remedies in subsections 1 and 2, above, shall not be deemed to prevent the city from seeking other relief as provided by law.
B. Demolition by Neglect for Properties Listed on Local Register of Historic Places
1. Responsibility to Prevent Demolition by Neglect
The owner or other person having legal possession, custody, or control of a property containing a structure or site on the Local Register of Historic Places, or a property within a historic district on the Local Register of Historic Places, shall maintain the exterior and structural features of structures or sites on the property and not allow the occurrence of conditions of neglect that constitute or substantially contribute to deterioration threatening the structural integrity of structures or architectural details important to the property's historic, prehistoric, architectural, or cultural character. Failure to meet this responsibility shall be a violation of this Code. Conditions that, if substantial or serious enough, could constitute demolition by neglect include, but are not limited to, the following:
a. Defective or deteriorated exterior walls, foundations, or other vertical support that lean, sag, split, list, buckle, or otherwise indicate they are insufficient to safely carry imposed loads;
b. Defective or deteriorated flooring or floor supports, ceilings, roofs, roof supports, or other horizontal members that lean, sag, split, list, buckle, or otherwise indicate they are insufficient to safely carry imposed loads;
c. Defective or deteriorated foundations that lean, split, settle, list, bulge, buckle, or otherwise indicate they are insufficient to safely carry imposed loads;
d. Defective or deteriorated fireplaces or chimneys that lean, settle, list, bulge, buckle, or otherwise indicate they are insufficient to safely support themselves;
e. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors;
f. Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, deteriorated or crumbling plasters or mortars, or weathering due to lack of paint or other protective covering;
g. Rotting, holes, and other forms of decay;
h. Deteriorated exterior stairs, porches, handrails, window and door frames,
cornices
, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling;
i. Heaving, subsidence, or cracking of sidewalks, steps, or pathways;
j. Deteriorated fences, gates, and accessory structures;
k. Deterioration that has a detrimental effect upon the special character of a historic district as a whole or the unique attributes and character of a historic structure, or site; and
l. Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property.
2. Enforcement
a. Enforcement of violations of the requirement to not allow conditions of neglect shall be in accordance with the provisions in this article. The HPC is expressly authorized to determine if a structure or site on the Local Register of Historic Places, or a structure or site within a historic district on the Local Register of Historic Places, is in danger of being demolished by neglect and to file complaints about any properties so determined with the Development Services Director, in accordance with Section 155.8302, Complaints Regarding Violations.
b. If the property owner or other person responsible for allowing a structure or site on the Local Register of Historic Places, or a structure or site within a historic district on the Local Register of Historic Places, to be demolished by neglect fails to correct the identified conditions of neglect by the time limit established by an order of the Special Magistrate in accordance with Chapter 37 (Pompano Beach Code Enforcement) of the
Code of Ordinances
, the Code Inspector shall notify the HPC. The HPC may consider the situation and recommend to the City Commission that, in accordance with authority granted by Chapter 37, the City make repairs necessary to correct the conditions of neglect and place the cost of such repairs as a lien against the property.
3. Safeguards from Undue Economic Hardship
a. Petition for Consideration of Claim
i. After receiving an order to correct conditions of neglect, a property owner may petition the HPC to consider a claim that compliance with the order would create serious undue economic hardship. The petition shall include forms and information as required by the HPC and shall be submitted to the Development Services Director.
ii. The Development Services Director shall forward the petition to the HPC to hear and review at its next available regular meeting, and provide notice of the time and place of the meeting to the petitioner.
iii. The petitioner shall bear the burden of submitting sufficient evidence to allow the HPC to determine that serious undue economic hardship exists. Such evidence shall include at least the following:
(A) For all properties:
(1) Nature of property ownership (individual, business, or nonprofit) or other legal possession, custody, or control;
(2) A description of the structures involved;
(3) Petitioner's financial resources;
(4) Cost of required repairs or other corrective measures;
(5) Amount paid for the property;
(6) Date of purchase;
(7) Party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance;
(8) Assessed value of the land and improvements, according to the two most recent assessments;
(9) Any appraisals of the property's value obtained within the previous two years;
(10) Any listing of the property for sale or rent, price asked, and offers received, if any;
(11) Real estate taxes for the previous two years; and
(12) Annual debt service or mortgage payments, if any, for previous two years.
(B) For income-producing properties:
(1) The annual gross income from the property for the previous two years;
(2) Annual cash flow, if any, for the previous two years;
(3) The status of leases, rentals, or sales for the previous two years; and
(4) Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed.
iv. If any required information is not reasonably available to the petitioner and cannot be obtained by the petitioner, the petition shall include a statement identifying the unobtainable information and the reasons why it cannot be reasonably obtained. Where the unobtainable information concerns financial information, the statement shall include estimates that are as accurate as reasonably practicable.
b. HPC Public Hearing and Recommendation to Special Magistrate
i. The HPC shall hold a quasi-judicial public hearing on the petition in accordance with the procedures and special considerations required by Section 30.08 of the
Code of Ordinances
and by state law.
ii. The HPC shall review the petition, the record of the order complained of, and any public comments, and shall determine whether the order to correct conditions of neglect would create serious undue economic hardship to the property owner. A serious undue economic hardship exists if compliance with an order to correct conditions of neglect would place an onerous and excessive financial burden on the property owner that would amount to a taking of the property without just compensation—i.e., would leave no reasonable economic use of the property. If the HPC determines serious economic hardship would be created, it shall recommend to the Special Magistrate that the order be vacated.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-73, passed 7-23-13)