95.02(A) Intent. The intent of this Section is to insure that existing and future commercial meet minimum standards for commercial maintenance. This Section shall not be construed so as to delete or decrease existing Code requirements regulating maintenance of commercial . Rather, the intent of this Section is to impose minimum commercial maintenance requirements upon those commercial which existed prior to the adoption of
provisions requiring maintenance of commercial . Additionally, the intent of this Section is to impose additional minimum maintenance standards upon those commercial that were constructed following the adoption by the of other Code provisions requiring maintenance of commercial as well as upon those commercial to be constructed in the future.
95.02(B)
. The
of a commercial shall maintain all
, reflected on the most recent
plan approved by the for the
’s commercial , 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,
, and pedestrian clearance, and all turf areas shall be regularly mowed as necessary by weather conditions. All
shall be maintained free from disease, pests, weeds, and
. 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
shall regularly maintain, repair, and replace, where necessary, all
features and
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.”
95.02(C) Obstructions to visibility. No obstruction to visibility at
intersections or access easement intersections, or obstruction of
, either in the form of
or shrubbery or fence or other
, shall be permitted at any time.
95.02(D)
.
95.02(D)(1) Removal upon ceasing of operations. The
of any commercial property within which a business has been operating and upon which
have been placed must, within 30 days of said business’s ceasing of operations, remove all
indicating what commercial activities had been occurring at said business.
95.02(D)(2) Missing letters. The
of a commercial and/or a
shall keep all
in good order with no missing, crooked, misplaced, faded, or damaged letters or other symbols or materials.
95.02(E) Maintenance of undeveloped parcels.
of all undeveloped, unpaved parcels of real property within existing and future residential and commercial shall ensure that vehicles of any kind be prohibited from parking upon said parcel. Vegetation on cleared lots shall not exceed six inches in height. Natural
shall be cleared a minimum of 25 feet from abutting
and adjacent developed parcels. Vacant outparcels of partially developed sites, within 60 days of having received site plan approval, shall be seeded, all
shall be removed, and vehicles of any kind shall be prohibited from parking upon said parcel. The property shall be kept free of
.
95.02(F) Potentially toxic materials. In addition to, and to the extent that this Section does not conflict with, Federal, , or Broward County regulations,
of a commercial and/or
of
or within commercial in which potentially toxic materials are stored or utilized and are unattended must keep such potentially toxic materials and the attendant facilities for dispensing same, when not in use, in a secured area so as to prohibit public access.
95.02(G) Parking areas and drives.
95.02(G)(1) Paved areas. The
of a commercial and/or industrial/office must maintain all paved areas reserved for parking and driving of
in a smooth condition, free from ruts, potholes, loose aggregate, and deterioration.
95.02(G)(2) Curbing and wheel stops. All curbing must be maintained free from cracks and deterioration by the
of a commercial and/or industrial/office . In those commercial and/or industrial/office in which wheel stops are required by other provisions of the
, said wheel stops must be maintained by the
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 commercial and/or industrial/office ’s parking area.
95.02(G)(3) Striping. The
of any commercial and/or industrial/office 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.
95.02(H)
. All
on commercial and/or industrial/office shall comply with the United States Department of Transportation’s Manual on Uniform Traffic Control Devices (MUTCD). The
of the commercial and/or industrial/office shall also be responsible for the immediate repair and/or replacement of any
that is damaged.
95.02(H)(1) Pavement markings. Pavement markings on
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):
95.02(H)(1)(a) Section 710, Painted Pavement Markings; or
95.02(H)(1)(b) Section 711, Thermoplastic Traffic Stripes and Markings; or
95.02(H)(1)(c) Section 713, Permanent Tape Stripes and Markings.
For new and resurfaced roadway pavements, pavement markings shall be thermoplastic and comply with § 95.02(H)(1)(b).
95.02(I) Drainage. The
of a commercial and/or industrial/office must maintain all
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 shall make any alteration or addition to
areas that would impede in any way with the
’s drainage function.
95.02(J) Paint color. For all commercial and industrial/office , a minor site plan amendment shall be required prior to painting any portion of an exterior surface any color that is not shown on an approved site plan. If the previously approved site plan shows a paint color other than the proposed paint color, the site plan shall be amended to show the new color. If the site plan does not show any paint colors, the site plan shall be amended to show the proposed new color. The fee for a minor site plan amendment for a change in paint color, and the fee for the appeal of such decision to the , shall be set by resolution of the .
95.02(K) General maintenance. The
, within
of a commercial and/or industrial/office and within areas of a commercial and/or industrial/office not occupied by a
, shall maintain all windows,
, fences,
, 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
property free of
. All surfaces, including
, 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. Further, the
and/or
shall maintain all windows,
, fences, and masonry walls free from cracks greater than 1/16 of an inch in width, graffiti, peeling paint, mold, mildew, rust stains, and missing materials within those
or occupied by a particular
. All
shall be kept free from equipment or materials that are not permanently affixed to a
, unless the equipment or materials are actively being used. No tarps shall be allowed on
unless they are temporarily affixed to prevent water intrusion and the
and/or
is exercising due diligence to repair or replace the
. Upon the issuance of a warning by code enforcement, the
and/or
may establish a presumption of the exercise of due diligence by providing the
with an active
, copy of an insurance claim or contract to perform the repair or replacement of the
.
95.02(L) Swimming pools. It shall be the duty and responsibility of every owning, leasing, or having any legal or equitable interest in any property in the 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 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.
95.02(M) Vacant or abandoned
. It shall be the duty and responsibility of every owning, leasing, or having any legal or equitable interest in any vacant or abandoned in the to maintain such property in a safe and secure manner that does not endanger the public health, safety and welfare of adjoining property
and residents. All windows, doors, garage doors and other access points of the vacant or abandoned shall be secured in a manner that prevents unauthorized access to the property.
95.02(N) Bridges.
95.02(N)(1) Inspection required. It shall be the duty and responsibility of every owning, leasing, or having any legal or equitable interest in any property in the with a bridge to ensure that the bridge is suitable for its actual use, has a sufficient load rating and has and maintains structural integrity. Within six months of March 15, 2010 each bridge shall be inspected in accordance with AASHTO LRFD design procedures, by a Professional
with an active registration in the of Florida (with an area of expertise in structural design and evaluation), and each bridge shall be inspected every January of each even thereafter.
95.02(N)(2) Inspection Report.
95.02(N)(2)(a) The initial report shall be sealed and submitted by a Professional
and shall attest to the bridge’s suitability for its actual use, to whether it has a sufficient load rating and to whether it has and maintains structural integrity. The initial report shall include deficiencies, if any, and recommendations to correct the deficiencies. If the Professional
deems a bridge to be deficient and unsafe, the bridge shall be immediately closed, and signage shall be erected at the bridge site indicating that it is unsafe. The bridge shall remain closed until it is properly repaired and reinspected and deemed safe by the Professional
in a final report, as described below. If the Professional
deems a bridge to be safe but deficient, any deficiencies must be corrected within 90 days of submission of the initial report. At the time of receipt of an initial report, a copy of the report shall be provided to the
.
95.02(N)(2)(b) A final report shall be sealed and submitted by a Professional
in situations wherein the initial report includes deficiencies and/or deems a bridge to be unsafe. At the time of receipt of a final report, a copy of the report shall be provided to the
.
95.02(N)(3) Safety Standards. All bridges located within golf courses within the must at a minimum have an eight-inch by eight-inch curb at exterior edges sufficiently secured to the bridge to resist the impact of or light maintenance vehicles without failing and be rated for a five- ton loading. Alternative curbing or vehicle containment methods may be used if signed and sealed by a Professional
and if approved by the .
95.02(O) Maintenance of privately owned fire hydrants, pump houses, backflow preventers, valves and lines.
95.02(O)(1) Indian Trace Development District.
95.02(O)(1)(a) 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 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 , 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.
95.02(O)(1)(b) Out-of-service fire hydrants. If at any time a fire hydrant is inoperable, the property owner shall immediately notify the 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.
95.02(O)(1)(c) Maintenance.
95.02(O)(1)(c)1. 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.
95.02(O)(1)(c)2. 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.
95.02(O)(1)(c)3. 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.
95.02(O)(1)(c)4. 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.
95.02(O)(2) 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.
95.02(P)
. For those
within the that are 80 feet or less in width, it shall be the duty of each
of property abutting such
to maintain the unpaved
portion of the
in accordance with the standards set forth in this Code. Regardless of the width of the
, all property
must maintain any portion of their driveway that is within the
.
95.02(Q) Dumpsters and Dumpster Enclosures.
95.02(Q)(1) The of a commercial and/or industrial/office. shall be responsible for the maintenance of the dumpsters and dumpster enclosures.
95.02(Q)(1)(a) Dumpsters shall be maintained free of jagged or sharp edges or inside parts which could prevent the free discharge of their contents.
95.02(Q)(1)(b) All containers shall be located within the dumpster enclosure.
95.02(Q)(1)(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.
95.02(Q)(1)(d) The dumpster, dumpster enclosure, and all surrounding areas shall be maintained by the property 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 , additional or larger capacity dumpsters and enclosures or increased frequency of pickup shall be required in order to eliminate the overflow problem.
95.02(Q)(1)(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.
95.02(R) Lighting.
The
of, or the association responsible for the maintenance of a commercial and/or industrial/office
shall be responsible for the maintenance of lighting systems on all
, parking lots and common areas where such lighting systems exist within such
.
95.02(S)
and
materials.
95.02(S)(1) It shall be the joint responsibility of any
of real property upon which
is occurring, and any
responsible for the
, to ensure that the real property, all adjacent
, and all properties in the area remain free at all times of
and
resulting from such
.
95.02(S)(2) It shall be joint responsibility of any
of real property upon which
is occurring, and any
responsible for the
, to ensure that the real property remain free at all times of stored
materials, except for those
materials awaiting incorporation into the
which may be stored on the real property for no more than ten days.
(Ord. 2010-16, passed 10-4-2010; Am. Ord. 2011-07, passed 6-20-2011; 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)