§ 95.01 RESIDENTIAL PROPERTY.

   95.01(A)   Single-Family residential. The Owner and/or operator of Single-Family residential property and of Association Property within a Single-Family residential Development , within the corporate limits of the City shall comply with the following minimum maintenance standards:

   95.01(A)(1)   General maintenance. The exterior of all fences, garden walls, and similar enclosures, where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, ripping, tearing, or other holes or breaks. Painted or stained surfaces shall be free of peeling paint, mold, or mildew and maintained with uniform colors, void of any evidence of deterioration. All fences or walls in a continuous line shall be uniform in color. All surfaces, including Roofs , requiring painting or which are otherwise protected from the elements shall be kept painted or protected. All surfaces, including Roofs , shall be maintained free of mold, mildew, rust stains, loose tiles or other surfacing material, crumbling stone, brick, or stucco, or other conditions reflective of deterioration or inadequate maintenance. All Roofs shall be kept free from equipment or materials that are not permanently affixed to a Roof , unless the equipment or materials are actively being used. No tarps shall be allowed on Roofs unless they are temporarily affixed to prevent water intrusion and the Owner and/or Tenant is exercising due diligence to repair or replace the Roof . Upon the issuance of a warning by code enforcement, the Owner and/or Tenant may establish a presumption of the exercise of due diligence by providing the Code Enforcement Officer with an active Building Permit , copy of an insurance claim or contract to perform the repair or replacement of the Roof . The property shall be kept free of Litter .

   95.01(A)(2)   Temporary Structures , Trailers , and outbuildings. No Structure of a temporary character, including but not limited to, Trailer , shack, garage, barn, or other outbuilding shall be permitted on any property. Notwithstanding the foregoing, tents are permitted for no more than 72 hours.

   95.01(A)(3)   Obstructions of visibility. No obstruction to visibility at Street intersections or access easement intersections, or obstruction of Traffic Control Devices , either in the form of Landscaping or shrubbery or fence or other Structure , shall be permitted at any time.

   95.01(A)(4)   Clotheslines and drying yards. No clotheslines or drying yards or any other piece of equipment or thing upon which clothes or other articles can be hung or draped for drying purposes shall be erected, used, or permitted to remain anywhere visible from any adjacent Street .

   95.01(A)(5)   Landscaping . All Landscaping , including without limitation Trees , Shrubs , Lawns, flower beds, walkways, and ground elevations, shall be maintained in a safe, neat, orderly, and attractive manner, including necessary Irrigation , consistent with the general appearance of the developed portions of the City. Trees and Shrubs shall be regularly Pruned to prevent obstruction of required sight distance triangles, Traffic Control Devices , and pedestrian clearance, and not be allowed to become overgrown. Lawns shall be mowed on a regular basis as necessary by the conditions. Bermuda grass shall be over seeded for the winter season to prevent dormancy. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any part of the property and no Refuse pile or unsightly objects shall be allowed to be placed or to remain on any property. All Landscaping shall be maintained free from disease, pests, weeds, and Litter . Maintenance shall include, but not be limited to, weeding, watering, fertilizing, Pruning, mowing, edging, mulching, or any other maintenance, as needed. Dead and/or diseased plant material shall be removed and replaced with a suitable planting in a prompt manner. No vegetation shall be permitted to extend into the vehicle, pedestrian, or bicycle travel lanes, except for Tree canopies, which canopies must maintain height clearance for vehicular, pedestrian, and bicycle Traffic. The property Owner shall regularly maintain, repair, and replace, where necessary, all Landscaping features and Irrigation systems. By January 1, 2014, commercial fertilizer applicators must be certified by the Department of Agriculture and Consumer Affairs pursuant to F.S. § 482.1562. All commercial fertilizer applicators shall successfully complete the Florida Department of Environmental Protection’s required training program. All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida Department of Environmental Protection through the University of Florida/Institute of Food and Agricultural Sciences Extension’s “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries.”

   95.01(A)(6)   Garage doors. All garage doors shall be closed at all times when not being used for ingress/egress or cleaning.

   95.01(A)(7)   Swimming pools. It shall be the duty and responsibility of every Person owning, leasing, or having any legal or equitable interest in any property in the City with a swimming pool to maintain the swimming pool at all times in a sanitary and safe condition, including the disinfection of all pool water pursuant to applicable health standards under State Law and Broward County ordinance, the removal of dirt, scum or floating matter, and the prevention of nesting and breeding of pests and vermin. Any safety features associated with the swimming pool that were required to be installed at the time of the construction of the pool pursuant to Florida Statutes and the Florida Building Code shall remain in good working order. The bottom of the pool shall be clearly visible to a Person standing on the pool deck. Swimming pools shall be maintained in a manner that prevents adverse affects on the economic welfare of adjacent properties.

   95.01(A)(8)   Vacant or abandoned Structures . It shall be the duty and responsibility of every Person owning, leasing, or having any legal or equitable interest in any vacant or abandoned Structures in the City to maintain such property in a safe and secure manner that does not endanger the public health, safety and welfare of adjoining property Owners and residents. All windows, doors, garage doors and other access points of the vacant or abandoned Structures shall be secured in a manner that prevents unauthorized access to the property.

   95.01(A)(9)   Rights-Of-Way . For those Rights-Of-Way within the City that are 80 feet or less in width, it shall be the duty of each Owner of property abutting such Rights-Of-Way to maintain the unpaved Swale portion of the Right-Of-Way in accordance with the standards set forth in this Code. Regardless of the width of the Right-Of-Way , all property Owners must maintain any portion of their driveway that is within the Right-Of-Way .

   95.01(A)(10)   Swale Areas. No Person shall make any alteration or addition to Swale areas that would impede in any way the Swale ’s drainage function.

   95.01(A)(11)   Bars on doors and windows. No bars, grates, lattices, or other similar objects shall be permitted on any portion of the exterior of any window or door.

   95.01(A)(12)   Lighting. The Homeowner's Association responsible for a Single-Family residential Development shall be responsible for the maintenance of lighting systems on all Roadways , parking lots and common areas where such lighting systems exist within such Development .

   95.01(A)(13)   Construction Waste and Construction materials.

   95.01(A)(13)(a)   It shall be the joint responsibility of any Owner of real property upon which Construction is occurring, and any Person responsible for the Construction , to ensure that the real property, all adjacent Rights-Of-Way , and all properties in the area remain free at all times of Construction Waste and Trash resulting from such Construction .

   95.01(A)(13)(b)   It shall be the joint responsibility of any Owner of real property upon which Construction is occurring, and any Person responsible for the Construction , to ensure that the real property remain free at all times of stored Construction materials, except for those Construction materials awaiting incorporation into the Construction which may be stored on the real property for no more than ten days.

   95.01(B)   Multi-family residential Developments and Association Properties .

   95.01(B)(1)   Intent. The intent of this subsection 95.01(B) is to insure that existing and future multi-family residential Developments meet minimum standards for maintenance. This subsection 95.01(B) shall not be construed so as to delete or decrease existing Code requirements regulating maintenance of multi-family residential Developments. The intent of this subsection 95.01(B) is to impose additional minimum maintenance standards upon those multi-family residential Developments which were constructed prior to the adoption by the City of other Code provisions requiring maintenance of multi-family residential Developments as well as upon those multi-family residential Developments to be constructed in the future. The provisions of this subsection 95.01(B) shall apply only to Association Property within multi-family residential Developments.

   95.01(B)(2)   Landscaping . The Homeowners’ Association responsible for a multi-family residential Development must maintain all Landscaping , reflected on the most recent Landscaping plan approved by the City Commission for the Association Property , in a healthy, living condition. All plant material shall be kept Pruned in a safe, neat, tidy, and attractive manner to prevent obstruction of required sight distance triangles, Traffic Control Devices , and pedestrian clearance, and all turf areas shall be regularly mowed as necessary by weather conditions. All Landscaping shall be maintained free from disease, pests, weeds, and Litter . Maintenance shall include, but not be limited to, weeding, watering, fertilizing, Pruning, mowing, edging, mulching, or any other maintenance, as needed. Dead and/or diseased plant material shall be removed and replaced with a suitable planting in a prompt manner. Bermuda grass shall be over seeded for the winter season to prevent dormancy. The Homeowners’ Association shall regularly maintain, repair, and replace, where necessary, all Landscaping features and Irrigation systems. By January 1, 2014, commercial fertilizer applicators must be certified by the Department of Agriculture and Consumer Affairs pursuant to F.S. § 482.1562. All commercial fertilizer applicators shall successfully complete the Florida Department of Environmental Protection’s required training program. All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida Department of Environmental Protection through University of Florida/Institute of Food and Agricultural Sciences Extension’s “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries.”

   95.01(B)(3)   Obstructions to visibility. No obstruction to visibility at Street intersections or access easement intersections, or obstruction of Traffic Control Devices , either in the form of Landscaping or shrubbery or fence or other Structure , shall be permitted at any time.

   95.01(B)(4)   Parking areas and drives; drainage.

   95.01(B)(4)(a)   Paved areas. The Homeowners’ Association must maintain all paved areas reserved for parking and driving of Motor Vehicles , including driveway aprons, in a smooth condition, free from ruts, potholes, loose aggregate, and deterioration.

   95.01(B)(4)(b)   Curbing and wheel stops. All curbing must be maintained free from cracks and deterioration by the Homeowners’ Association . In those multi-family residential Developments in which wheel stops are required by other provisions of the City Code , said wheel stops must be maintained by the Owner free from cracks and deterioration. All wheel stops must remain affixed in those locations where such wheel stops were to be placed in accordance with approved site plans for the Development’s parking area.

   95.01(B)(4)(c)   Striping. The Homeowners’ Association must stripe all paved areas reserved for vehicular parking and fire zones. Such striping shall be maintained in a manner free from peeling and shall be of sufficient contrast with the surface upon which such striping is placed so as to readily delineate to a Person of normal visual ability the location of a parking space or fire zone.

   95.01(B)(5)   Traffic Control Devices . All Traffic Control Devices on properties owned by Homeowners’ Associations shall comply with the United States Department of Transportation’s Manual on Uniform Traffic Control Devices (MUTCD). The Homeowners’ Association shall also be responsible for the immediate repair and/or replacement of any Traffic Control Device that is damaged.

   95.01(B)(5)(a)   Pavement markings. Pavement markings on Roadways must be maintained and shall conform in all respects to the principles and standards set forth in the MUTCD standards. For repair and replacement of pavement markings on existing Roadway pavements, pavement marking materials shall exhibit retroreflectivity and shall comply with at least one of the following sections of the Florida Department of Transportation Specifications for Road and Bridge Construction (latest edition):

   95.01(B)(5)(a)1.   Section 710, Painted Pavement Markings; or

   95.01(B)(5)(a)2.   Section 711, Thermoplastic Traffic Stripes and Markings; or

   95.01(B)(5)(a)3.   Section 713, Permanent Tape Stripes and Markings.

For new and resurfaced roadway pavements, pavement markings shall be thermoplastic and comply with § 95.01(B)(5)(a)2.

   95.01(B)(6)   Drainage and Swale areas. The Homeowners’ Association must maintain all Drainage Facilities in a manner allowing for the storm flow for which said facilities were designed, free from obstructions. All catch basin grates must be maintained in their original condition and must be replaced immediately, if damaged. No Person shall make any alteration or addition to Swale areas that would impede in any way with the Swale ’s drainage function.

   95.01(B)(7)   General maintenance. The Homeowners’ Association , on all Association Property within a multi-family residential Development , shall maintain all windows, Roofs , fences, Sidewalks , and masonry walls in a clean condition free from cracks greater than 1/16 of an inch in width, graffiti, peeling paint, mold, mildew, rust stains and missing materials, and shall keep all Association property free of Litter . All surfaces, including Roofs , requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted or stained surfaces shall be maintained with uniform colors, void of any evidence of deterioration. All fences or walls in a continuous line shall be uniform in color. All Roofs shall be kept free from equipment or materials that are not permanently affixed to a Roof , unless the equipment or materials are actively being used. No tarps shall be allowed on Roofs unless they are temporarily affixed to prevent water intrusion and the Owner and/or Tenant is exercising due diligence to repair or replace the Roof . Upon the issuance of a warning by code enforcement, the Owner and/or Tenant may establish a presumption of the exercise of due diligence by providing the Code Enforcement Officer with an active Building Permit , copy of an insurance claim or contract to perform the repair or replacement of the Roof .

   95.01(B)(8)   Temporary Structures , Trailers , and outbuildings. No Structure of a temporary character, including but not limited to a Trailer , shack, garage, barn, or other outbuilding, shall be permitted on any property. Notwithstanding the foregoing, tents are permitted for no more than 72 hours.

   95.01(B)(9)   Clotheslines and drying yards. No clotheslines or drying yards or any other piece of equipment or thing upon which clothes or other articles can be hung or draped for drying purposes shall be erected, used, or permitted to remain anywhere visible from any adjacent Street .

   95.01(B)(10)   Registration. Any and every Homeowners’ Association created pursuant to Law within the corporate limits of the City shall register annually, on the first workday in April of each year, with the City Clerk. The following information shall be provided:

   95.01(B)(10)(a)   The name, address, email address, and telephone number of the president of the Homeowners’ Association .

   95.01(B)(10)(b)   The name, address, email address, and telephone number of the registered agent of said Homeowners’ Association .

   95.01(B)(10)(c)   The name, address, email address, telephone number, and appropriate representative of the management company, if any, with which the Association has contracted to perform their maintenance responsibilities.

   95.01(B)(11)   Swimming pools. It shall be the duty and responsibility of every Person owning, leasing, or having any legal or equitable interest in any property in the City with a swimming pool to maintain the swimming pool at all times in a sanitary and safe condition, including the disinfection of all pool water pursuant to applicable health standards under State Law and Broward County ordinance, the removal of dirt, scum or floating matter, and the prevention of nesting and breeding of pests and vermin. Any safety features associated with the swimming pool that were required to be installed at the time of the construction of the pool pursuant to Florida Statutes and the Florida Building Code shall remain in good working order. The bottom of the pool shall be clearly visible to a Person standing on the pool deck. Swimming pools shall be maintained in a manner that prevents adverse affects on the economic welfare of adjacent properties.

   95.01(B)(12)   Vacant or abandoned Structures . It shall be the duty and responsibility of every Person owning, leasing, or having any legal or equitable interest in any vacant or abandoned Structures in the City to maintain such property in a safe and secure manner that does not endanger the public health, safety and welfare of adjoining property Owners and residents. All windows, doors, garage doors and other access points of the vacant or abandoned Structures shall be Secured in a manner that prevents unauthorized access to the property.

   95.01(B)(13)   Rights-Of-Way . For those Rights-Of-Way within the City that are 80 feet or less in width, it shall be the duty of each Owner of property abutting such Rights-Of-Way to maintain the unpaved Swale portion of the Right-Of-Way in accordance with the standards set forth in this Code. Regardless of the width of the Right-Of-Way , all property Owners must maintain any portion of their driveway that is within the Right-Of-Way .

   95.01(B)(14)   Maintenance of privately owned fire hydrants, pump houses, backflow preventers, valves and lines.

   95.01(B)(14)(a)   Indian Trace Development District.

   95.01(B)(14)(a)1.   Annual Fire Hydrant Test. In October of each calendar year the owner of the property on which a fire hydrant(s) is located that is connected to private water and/or fire lines shall have each fire hydrant flushed and tested by a Florida licensed general contractor. The Annual Fire Hydrant Test shall confirm that all components of each fire hydrant are fully operational and that each fire hydrant has a minimum flow rate of 1,250 gallons per minute. The property owner shall furnish to the City the written Annual Fire Hydrant Test report signed by both the property owner and the inspecting general contractor not later than October 31st of each calendar year. If a fire hydrant fails the Annual Fire Hydrant Test the property owner shall immediately notify the City, make the necessary repairs within 48 hours of failing the Annual Fire Hydrant Test, and re-test the fire hydrant upon completion of the repairs.

   95.01(B)(14)(a)2.   Out-of-service fire hydrants. If at any time a fire hydrant is inoperable, the property owner shall immediately notify the City and immediately place a sign on the fire hydrant between the steamer valve and the valve cap stating “OUT OF SERVICE” in minimum of two and one-half inch high blue reflective lettering on a white background.

   95.01(B)(14)(a)3.   Maintenance.

   95.01(B)(14)(a)3.a.   Clearance. The property owner shall maintain a minimum clear area of three feet on all sides of each fire hydrant free of landscaping (except grass) and any other obstructions.

   95.01(B)(14)(a)3.b.   Pump House. The property owner is responsible for the maintenance of the pump house, lines and fire hydrant from where the isolation valve connects to the public water supply.

   95.01(B)(14)(a)3.c.   Backflow Preventers. The property owner is responsible for the maintenance of the backflow preventer, lines and fire hydrant from the water meter or last valve connecting to the public water supply before the backflow preventer.

   95.01(B)(14)(a)3.d.   Paint. The property owner shall be responsible that all fire hydrants are painted “chrome yellow” color with high gloss finish, and such paint shall be maintained free of fading and peeling.

   95.01(B)(14)(b)   Bonaventure Development District. All fire hydrants located in the Bonaventure Development District are owned and operated by the City of Sunrise and shall be maintained as set forth in the “Water Distribution Flushing Procedure” of the Administrative Policy from the Utilities Department for the City of Sunrise.

   95.01(B)(15)   Bars on doors and windows.  No bars, grates, lattices, or other similar objects shall be permitted on any portion of the exterior of any window or door.

   95.01(B)(16)   Dumpsters and Dumpster Enclosures.

   95.01(B)(16)(a)   Dumpsters shall be maintained free of jagged or sharp edges or inside parts which could prevent the free discharge of their contents.

   95.01(B)(16)(b)   All Recycling containers shall be located within the dumpster enclosure.

   95.01(B)(16)(c)   Dumpsters shall remain closed at all times except when refuse is being placed within the dumpster. The dumpster enclosure shall be completely closed at all times except when it is necessary for ingress or egress to or from the dumpster.

   95.01(B)(16)(d)   The dumpster, dumpster enclosure, and all surrounding areas shall be maintained by the property Owner in accordance with this Section, and shall be free of overflowing refuse, and shall be clean at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, in the sole discretion of the City, additional or larger capacity dumpsters and enclosures or increased frequency of pickup shall be required in order to eliminate the overflow problem.

   95.01(B)(16)(e)   Dumpsters shall be emptied by a franchised collector at intervals that will preclude overflow. Dumpsters, dumpster enclosures, and the area around the dumpster shall not be used for disposal of furniture and major appliances, except during a scheduled bulk pickup by a franchised collector, and shall not be used for storage of any other items other than described in this Section.

   95.01(B)(17)   Lighting. The Homeowner's Association responsible for a multi-family residential Development shall be responsible for the maintenance of lighting systems on all Roadways , parking lots and common areas where such lighting systems exist within such Development .

   95.01(B)(18)   Construction Waste and Construction materials.  

   95.01(B)(18)(a)   It shall be the joint responsibility of any Owner of real property upon which Construction is occurring, and any Person responsible for the Construction , to ensure that the real property, all adjacent Rights-Of-Way , and all properties in the area remain free at all times of Construction Waste and Trash resulting from such Construction .

   95.01(B)(18)(b)   It shall be the joint responsibility of any Owner of real property upon which Construction is occurring, and any Person responsible for the Construction , to ensure that the real property remain free at all times of stored Construction materials, except for those Construction materials awaiting incorporation into the Construction which may be stored on the real property for no more than ten days.

   95.01(C)   Additional standards for properties not subject to a Homeowners Association .

   95.01(C)(1)   Fences that abut Public Rights-Of-Way shall be shadow box style, six feet in Height , and shall be natural wood or white PVC. Fences existing on August 20, 2001, which do not comply with this provision, may remain until they are replaced.

   95.01(C)(2)   The Right-Of-Way side of fences that abut arterial Rights-Of-Way shall be maintained with a ficus Hedge that is kept in a neat and orderly condition.

   95.01(C)(3)   If a Structure is damaged by fire or other casualty, its Owner shall properly and promptly restore it to at least as good a condition as it was before the casualty occurred.

(Ord. 2010-16, passed 10-4-2010; Am. Ord. 2011-07, passed 6-20-2011; Am. Ord. 2013-03, passed 6-3-2013; Am. Ord. 2013-10, passed 9-23-2013; Am. Ord. 2014-08, passed 3-3-2014; Am. Ord. 2014-10, passed 4-7-2014; Am. Ord. 2014-13, passed 5-5-2014; Am. Ord. 2015-10, passed 4-20-2015; Am. Ord. 2018-02, passed 4-2-2018; Am. Ord. 2019-08, passed 7-1-2019)