GENERAL CODE PROVISIONS
 Section 6:   ANIMALS

Sec. 6-7. Nuisance defined; actions constituting a nuisance.
(a) The actions of an animal constitute a nuisance when an animal disturbs the rights of, threatens the safety of, or damages a member of the general public, or interferes with the ordinary use and enjoyment of their property.
(b) It shall be unlawful for any person to own, keep, possess or maintain an animal in such a manner so as to constitute a public nuisance. By way of example and not of limitation, the following acts or actions by an owner or possessor of an animal are hereby declared to be a public nuisance:
(1) Allowing or permitting an animal to bark, whine, howl, crow or cackle in an excessive, continuous or untimely fashion or make other noise in such a manner so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises.
(2) Allowing or permitting an animal to damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers, or other plant material.
(3) Maintaining an animal that is diseased and dangerous to the public health.
(4) Maintaining an animal or animals in an environment of unsanitary conditions which results in offensive odors or is dangerous to the animal or to the public health, welfare or safety.
(Code 1953, § 6-6; Ord. No. C-81-84, § 2, 9-29-81)

 Sec. 6-35. Supervision and confinement; tethering.
(a) It shall be unlawful for any person who owns or any person who is in charge or in control of any dog or cat to confine or tether that animal outdoors during periods of extreme weather, such as periods of unusually cold or hot temperatures, or periods of poor air quality, or when a hurricane or tropical storm warning has been issued.
(b) It shall be unlawful for any person who owns or any person who is in charge or in control of any dog or cat and who confines that dog or cat outdoors on private property to fail to provide the animal with:
(1) Food and potable water; and
(2) Adequate shelter, which shall mean ventilated protection for the animal from the elements that also provides room for each animal to stand erect, sit, lie down, and fully turn around; and
(3) Periodic supervision, which shall mean that each animal is provided with fresh food and potable water and inspected for injury or poor health at least once during every twelve (12) consecutive hours; and
(4) Adequate space for exercise, which shall mean no less than one hundred fifty (150) square feet per animal; and
(5) A fenced yard, an electronic fence, or an enclosure, that is sufficient to prevent the dog from escaping; and
(6) A tether, which may be employed subject to the following regulations:
a. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog that is under the age of six (6) months to tie, chain, or otherwise tether a dog that is under the age of six (6) months outdoors. It shall be unlawful for any person who owns or any person who is in charge or in control of any cat to tie, chain, or otherwise tether a cat outdoors.
b. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog that is over the age of six (6) months to tie, chain, or otherwise tether a dog outdoors between the hours of 10:00 a.m. and 5:00 p.m. except that a dog of any age may be temporarily tethered, tied, or chained outdoors for a total time period not exceeding fifteen (15) minutes. At other times, it is permitted to tie, chain, or otherwise tether a dog that is over the age of six (6) months outdoors if the dogis harnessed by a properly-fitting, body harness that is fastened to either:
1. A tether that is at least ten (10) feet long and that is free from entanglement and that allows the dog to move unheeded; or
2. An overhead run, which is an overhead wire at least ten (10) feet long to which the dog's body harness is attached by a leash or chain, that allows the dog to move unheeded.
(c) Nothing in this ordinance shall be construed to prohibit an owner or a keeper from controlling a dog or a cat by the hand-held use of a rope, leash, body harness or chain.


 Section 8: BOATS & DOCKS

Sec. 8-91. Mooring structures.
(a) Prior to the commencement of any construction activities, a permit for the erection of docks, slips, boat davits, hoists, mooring piles or similar boat mooring structures shall be obtained from the building and zoning department, and if constructed on or in navigable waters, the approval of all governmental authorities regulating the erection of such mooring structure shall be secured. Further, before a permit is issued to any person to construct such mooring structure, the person shall certify that he either owns the land abutting the water upon which the mooring structure will be constructed or produce written consent of the owner, be it a private person or a governmental agency, to construct such mooring structure in the particular waterway.
(b) Inspection of all mooring structures, private, municipal and commercial, under the jurisdiction of the city, is the responsibility of the director of building. In the event any mooring structure shall be found in an unsafe or unsatisfactory condition, the owner shall be notified in writing that he has a period of thirty (30) days to correct the condition.
(c) No extension of a boat lifting device capable of being submerged shall extend more than fifteen (15) percent of the width of the waterway unless a guidepole is attached to the end of such device which extends over the waterway. The guidepole shall be a pole no less than one and one-half (1 1/2) inches in diameter and permanently attached to such device. The guidepole shall be vertical and extend at least six (6) feet above the surface of the water at all times and shall display a reflective color over the exposed surface.
(d) Boats, vessels or watercraft moored to mooring structures shall not extend to more than thirty (30) percent of the width of the canal or waterway measuring from the recorded property line.
(e) No vessel or watercraft of any kind whatsoever shall moor to or tie up to a seawall or mooring structure or be beached upon property within the city limits without the permission of the owner thereof; provided, however, that nothing in this section shall be construed to prohibit vessels or persons in distress from mooring to or tying up or beaching on private property to protect life, limb or property.
(f) The renting of docks, dock space, or moorings, and the rental of boats or any portion thereof, for any purpose whatsoever shall be specifically prohibited in residential areas zoned RS-8 and RS-4.4.
(g) It shall be unlawful for any person, owner, or his agent, or lessor or lessee, or member or employee of any firm, company or corporation or any firm, company or corporation to permit violations of or to violate any of the provisions of subsection (f) of this section. Knowledge or scienter shall not be an element of the offense.
(Code 1953, § 11-20; Ord. No. C-68-23, § 2, 6-4-68; Ord. No. C-70-78, §§ 2, 4, 11-3-70; Ord. No. C-71-79, § 1, 9-21-71; Ord. No. C-72-42, § 1, 9-19-72; Ord. No. C-73-55, §§ 1, 2, 6-5-73; Ord. No. C-77-147, § 1, 11-15-77; Ord. No. C-84-46, § 1, 6-5-84; Ord. No. C-87-93, § 1, 11-17-87)
Secs. 8-92--8-105. Reserved.


Section 9:  BUILDINGS & CONSTRUCTION
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ARTICLE VI. MINIMUM HOUSING CODE*

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*State law references: Municipal Home Rule Powers Act, F.S. ch. 166.
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DIVISION 1. GENERALLY

 Sec. 9-236. Definitions.
(a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved - Approved by the head of the enforcement agency, or a duly authorized designee.
Basement - A portion of a building located partly underground but having less than one-half of its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building.
Building - A structure which encloses space; a structure which gives protection or shelter for any occupancy. The term "building" shall be construed as if followed by the phrase "or part thereof." When separated by fire division walls, each portion so separated shall be deemed a separate building.
Cellar - A portion of a building located partly or wholly underground and having one-half or more than half of its clear floor-to-ceiling height below the average finished grade of the ground adjoining the building. Its ceiling shall not be more than six (6) feet above grade.
City - The City of Fort Lauderdale.
Code - The Code of Ordinances of the City of Fort Lauderdale, Florida, including the ULDR.
Director - The director, division head or manager of the enforcing agency or a duly authorized designee.
Duplex - A single building structure consisting of two residential units either side by side or one over another.
Dwelling - Any building which is wholly or partly used or intended to be used for living, sleeping, cooking and eating, providing that temporary housing as defined in this section shall not be regarded as a dwelling.
Dwelling unit - Any habitable room or group of habitable rooms located within a dwelling and forming a single habitable unit with facilities used, or intended to be used, for living, sleeping, cooking, and eating.
Enforcing agency - The City of Fort Lauderdale.
Enforcing officer - Any employee of the enforcing agency charged with the responsibility of making inspections of buildings and premises and issuing violation notices when necessary. The term shall be synonymous with "inspection officer."
Extermination - The control of insects, rodents, vermin, or other pests by destroying their harborage places, by removing or making inaccessible those materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal methods approved by the county health department.
Garbage - Every waste accumulation of animal or vegetable matter which attends the preparation, use, cooking, processing, handling or storage of meats, fish, fowl, fruits, vegetables or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors or which, during or after decay, may serve as breeding or feeding material for insects, rodents, vermin or other pests.
Habitable area - Two (2) or more habitable rooms.
Habitable room - A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes The term shall not include kitchenettes and efficiency kitchens which have a floor area of less than sixty (60) square feet, bathrooms, shower rooms, water closet compartments, laundries, pantries, foyers, connecting corridors, closets, and storage spaces.
Head of enforcement agency - The city manager or a duly authorized designee.
Hotel - Any building containing ten or more rooms, intended or designed to be used or which are used, rented or hired out to be occupied, or which are occupied by persons for sleeping purposes by paying guests.
Hotel unit - Any room or group of hotel rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. For the purpose of this article, motel units and dormitory-type sleeping accommodations shall be included in this category.
Infestation - The presence of any destructive or disease-bearing insects, rodents, vermin, or other pests.
Inoperable vehicle - Any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.
Inspecting officer - A duly authorized city inspector and synonymous with the term "enforcing officer" as defined in this section.
Occupant - Any person over one (1) year of age living, sleeping, cooking, eating in, or having actual possession of a dwelling, dwelling unit, hotel unit, or rooming unit, except in determining occupancy of a room used for sleeping purposes, children ten (10) years old and younger shall be counted as one-half an occupant.
Operator - Any person who has charge, care, or control of a building, or part thereof, in which dwelling units, hotel rooms, rooming units, or dormitory-type sleeping accommodations are let.
Owner - Any person who, alone or jointly or severally with others has legal or equitable title to any dwelling, dwelling unit, hotel or rooming house with or without actual possession thereof.
Person - Includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
Premises - A platted or unplatted lot or parcel of land or part thereof either occupied or unoccupied by a dwelling or nondwelling structure.
Residential building or structure - Any building occupied, or intended to be occupied as a dwelling, or for residential use by one or more persons, including, but not limited to, single-family, duplex, townhouse or multifamily dwelling.
Rooming house - Any dwelling or part of any dwelling, containing one (1) or more rooming units in which space is let by the owner or operator on a predominantly permanent basis to three (3) or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. For the purpose of this article, boardinghouses are included in this category.
Rooming unit - Any room or group of rooms, forming a single habitable unit, used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Rubbish - Combustible and noncombustible waste materials, except garbage, including, but not limited to, nonoperative toys, mechanical equipment, machinery, or inoperable vehicles.
Single-family - Any single-family structure which may include a duplex or townhouse.
Solid waste - Useless, unwanted or discarded solid material with insufficient liquid content to be free flowing, including, but not limited to, any and all bulk trash, commercial trash, rubbish, building materials, garbage, household trash, commercial and industrial waste, litter, refuse, scrap materials, white goods, boat parts, car parts, junk, trailer parts, furniture, tree trimmings, yardwaste, construction debris, demolition debris or any other similar solid material or waste that is unwanted or discarded or surrendered for collection disposal, but shall not include sludge from air or water pollution control facilities, septic tank sludge or agricultural or unacceptable waste.
Structure - Is that which is built or constructed, or any piece of work artificially built up or composed of parts jointed together in some definite manner, the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground. The term shall be construed as followed by the words "or part thereof." The term structure shall also include a building.
Supplied - Paid for, furnished or provided by or under control of the owner or operator.
Temporary housing - Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or in a permanent manner to any utilities system. For the purpose of this article, living quarters for migratory agricultural workers shall be defined as temporary housing.
Townhouse - A single-family dwelling unit constructed in a series or group of attached units with a property line separating such units.
ULDR - Unified Land Development Regulations of the City of Fort Lauderdale, Florida.
(b) Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "hotel," "hotel unit," "rooming house," "rooming unit," and "premises," are used in this article, they shall be construed as though they were followed by the words "or by any part thereof."
(Code 1953, §§ 48-41, 48-50; Ord. No. C-75-26, § 2, 3-18-75; Ord. No. C-85-108, § 1, 12-17-85; Ord. No. C-99-70, § 2, 12-21-99)
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ARTICLE VII. BUILDING MAINTENANCE CODE*
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*Editor's note: Ord. No. C-99-70, § 3, adopted Dec. 21, 1999, amended the title of Art. VII to read as herein set out. See the Code Comparative Table.
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Sec. 9-301. Purpose and authority.
(a) It is the intent of this article to establish definitive and practical requirements for maintenance and renovation of existing buildings and structures, and construction of any place of business, commercial business, residential buildings or structures, nonresidential buildings or structure, single-family buildings or structures and multifamily buildings lying within the corporate limits of the city.
(b) It is further the specific purpose of this article to establish such minimum standards for land and building maintenance so as to ensure the public health, safety and welfare of the city, and such standards shall be binding on all landowners, both public and private, with a place of business, commercial business, residential buildings or structures, nonresidential building or structure, and multifamily buildings lying within the city.
(c) This article is adopted as a comprehensive strategy consistent with the city's concern with the deterioration of commercial buildings, businesses, commercial properties, residential buildings or structures, residential properties, properties and multifamily buildings within the city.
(Ord. No. C-89-31, § 2(48-51), 4-18-89; Ord. No. C-93-12, § 1, 2-16-93; Ord. No. C-99-70, § 3, 12-21-99)

Sec. 9-302. Scope and application.
The provisions of this article shall apply to any place of business, commercial business, nonresidential buildings or structures, multifamily buildings and all single-family residential buildings or structures lying within the corporate limits of the city. In particular, it shall govern the minimum upkeep, maintenance, rehabilitation, repair or improvement of buildings and structures. This article shall not regulate or govern interior maintenance, nor shall it affect any exterior features not specifically addressed.
(Ord. No. C-89-31, § 2(48-52), 4-18-89; Ord. No. C-93-12, § 2, 2-16-93; Ord. No. C-99-70, § 3, 12-21-99)

 Sec. 9-303. Definitions.
(a) The following terms, wherever used herein or referred to in this article, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context.
Building - A structure which encloses space; a structure which gives protection or shelter for any occupancy. The term "building" shall be construed as if followed by the phrase "or part thereof." When separated by firewalls, each portion so separated shall be deemed a separate building.
City - The City of Fort Lauderdale, Florida,
Code - The Code of Ordinances of the City of Fort Lauderdale, Florida, including the ULDR.
Commercial business or establishment - Any place, building and enterprise, including hotels and motels, devoted in whole or in part to a business enterprise whether nonprofit or profit-making in nature.
Deterioration - The condition or appearance of a structure or part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting, spalling, or other evidence of physical decay or neglect, excessive use or lack of maintenance, or any combination thereof.
Director - The director, division head or manager of the enforcing agency or a duly authorized designee.
Duplex - A single building structure consisting of two residential units either side by side or one over another.
Enforcing agency - The City of Fort Lauderdale.
Enforcing officer - Any employee of the enforcing agency charged with the responsibility of making inspections of buildings and premises and issuing violation notices when necessary. The term shall be synonymous with inspection officer.
Exposed to public view - Any structure or any part thereof, or any building or any part thereof, which may be visible to or lawfully viewed by any member of the public from a sidewalk, street alleyway, public way, licensed open air parking lot or from any adjoining or neighboring premises.
Exterior of the premises - Those portions of a building or structure which are exposed to public view and the open space of any premises outside of any building or structure erected thereon.
Graffiti - Any inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property to the extent that the graffiti was not authorized in advance by the owner or occupant of the property.
Multifamily - Any building or group of buildings designed for occupancy by three (3) or more families, including a duplex, when said duplex is part of a rental facility which consists of a duplex and one or more multifamily buildings.
 Nuisance - The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead or living plant life, or stagnant water, rubbish, debris, or trash, including any wrecked, derelict or partially dismantled motor vehicle, trailer, boat, machinery, refrigerator, washing machine, plumbing fixture, furniture or similar article, and all other objectionable, unsightly or unsanitary matter upon any property within this city to the extent and in the manner that such property is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property.
Operator/occupant - A person with legal interest in premises or in responsible charge of premises.
Person - Includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
Place of business - Any building, structure, yard, lot, premises or part thereof or any other place in which one (1) or more persons are engaged in gainful employment.
Property - Any real property interest or estate which may be granted by deed. The word "property" includes tracts, lots, easements, or parcels of land and any and all improvements thereon.
Refuse - Solid waste consisting of both combustible and noncombustible waste, such as paper, wrappings, discarded cigarettes, used cardboard, used cans, yard clippings, leaves, scrap wood, discarded glass, discarded bedding, broken crockery, home appliances and other similar materials.
Residential building or structure - Any building occupied, or intended to be occupied as a dwelling for residential use by one or more persons, including but not limited to single-family, duplex, townhouse or multifamily dwelling.
Street or right-of-way - Public thoroughfare such as, but not limited to, street, avenue, lane, place, terrace and road, and which is more than twenty (20) feet in width and dedicated or deeded to the public for public use.
Single-family - Any single-family structure which may include a duplex or townhouse.
Solid waste - Useless, unwanted or discarded solid material with insufficient liquid content to be free flowing, including, but not limited to, any and all bulk trash, commercial trash, rubbish, building materials, garbage, household trash, commercial and industrial waste, litter, refuse, scrap materials, white goods, boat parts, car parts, junk, trailer parts, furniture, tree trimmings, yardwaste, construction debris, demolition debris or any other similar solid material or waste that is unwanted or discarded or surrendered for collection disposal, but shall not include sludge from air or water pollution control facilities, septic tank sludge or agricultural waste.
Structure - Is that which is built or constructed, or any piece of work artificially built up or composed of parts jointed together in some definite manner, the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground. The term shall be construed as followed by the words "or part thereof."
Townhouse - A single-family dwelling unit constructed in a series or group of attached units with a property line separating such units.
ULDR - The Unified Land Development Regulations of the City of Fort Lauderdale as defined in the ULDR.
Vacant or unoccupied building - Any building or other structure which is neither occupied nor used by persons authorized by the owner of the property on which such building or structure is located, or where utility services have been terminated.
Weathering - Deterioration, decay or damage caused by exposure to the elements.
(b) Whenever any words are used in this article they shall be construed, unless expressly stated to the contrary, to include the plurals of those words and as if they were followed by the words "or any part thereof." The word "shall" shall be applied retroactively as well as prospectively.
(Ord. No. C-89-31, § 2(48-53), 4-18-89; Ord. No. C-93-12, § 3, 2-16-93; Ord. No. C-99-70, § 3, 12-21-99)

 Sec. 9-304. Minimum standards for private parking lots.
(a) All buildings and structures for private parking shall be maintained in a secure, safe and attractive condition. Deteriorated or rusted metal covering on any such existing or subsequently constructed carport structure shall be repaired or replaced so as to render same in a safe and attractive condition that is neither physically nor visually a blighting influence.
(b) The off-street parking facilities shall be identified as to purpose and as to location when not clearly evident from a street or alley. Off-street parking facilities including access aisles and driveways shall be surfaced with a hard, dustless material, and maintained in a smooth, well-graded condition, provided that driveways, access aisles and parking spaces for churches, and public and private schools and churches offering academic courses may be surfaced with grass or lawn.
(c) All off-street parking facilities for the use of the public shall be drained so as not to cause any nuisance on adjacent or public property, and any lighting thereof shall be so arranged and designed as to prevent any glare or excessive light on adjacent property. Such facilities shall be arranged for convenient access and safety of pedestrians and vehicles.
(Ord. No. C-89-31, § 2(48-54), 4-18-89)

 Sec. 9-305. Minimum standards for yard and landscape areas.
(a) No yard, landscape area, or growth of landscape material shall so encroach upon the public right-of-way as to hinder safe and convenient vehicular or pedestrian movement in the public right-of-way.
(b) The owner, tenant and their agent, if any, shall be jointly and severally responsible for the proper maintenance and protection of landscaping and irrigation systems existing or hereafter installed. Maintenance shall include watering, weeding, mowing, treating, mulching, trimming, removal/replacement of dead or diseased plants and removal of refuse and debris on a regular basis so as to continue a healthy growing condition and present a neat and well-kept appearance at all times.
(c) Landscaping shall be inspected periodically by the enforcing agency to insure proper maintenance. The owner, tenant or their agent shall be notified, in writing, of any areas which are not being properly maintained and shall, within thirty (30) calendar days from the time of notification, restore the landscaping to a healthy condition. It shall be a violation of this section to fail to maintain landscaping.
(Ord. No. C-89-31, § 2(48-55), 4-18-89; Ord. No. C-99-70, § 4, 12-21-99)

 Sec. 9-306. Minimum standards for exterior building structures and exterior building walls.
All exterior building walls shall be maintained in a secure and attractive manner. All defective structural and decorative elements of such building facade(s) shall be repaired or replaced in a workmanlike manner, to match as closely as possible the original materials and construction of the building. All exterior building walls and structural parts including fascia, soffits and balconies shall have all graffiti, and loose material removed and patching or resurfacing shall be accomplished to match the existing or adjacent surfaces as to materials, color, bond and joining, and shall be impervious to the elements. All cornices, trim, windows and window frames that are damaged, sagging or otherwise deteriorated shall be repaired or replaced to be made structurally sound and all exposed materials painted, stained or otherwise treated in a consistent manner; provided, however, broken or damaged windows may be repaired by placement of painted plywood or other consistent materials rather than replacement of the windows as provided in section 9-307 hereof.
(Ord. No. C-89-31, § 2(48-56), 4-18-89; Ord. No. C-89-145, § 1, 12-19-89; Ord. No. C-93-12, § 4, 2-16-93)

Sec. 9-307. Minimum standards for door and window openings.
(a) All windows and doors shall be secured in a tight-fitting and weatherproof manner and have sashes of proper size and design. Sashes with rotten wood, broken joints or deteriorated mullions or muntins shall be replaced.
(b) Storefront windows facing a public right-of-way shall be maintained in an unbroken, clean and harmonious condition with the use of the public right-of-way and the remainder of the building facade. No window facing the public right-of-way shall be permanently removed and enclosed, covered or boarded up unless treated as an integral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. All damaged, broken, temporary or permanently closed-up store front windows shall be restored, repaired or replaced in a satisfactory condition.
(c) Doors and windows not facing the public right-of-way and those upper level window and door openings shall be similarly maintained and repaired as for the doors and windows facing the public right-of-way, except that same may be enclosed or removed provided that sills, lintels and frames are removed and the opening properly closed to match and be compatible with the design, material and finish of the adjoining wall of which the opening is a part unless otherwise provided by law.
(Ord. No. C-89-31, § 2(48-57), 4-18-89)

Sec. 9-308. Minimum standards for roofs.
(a) All roofs shall be maintained in a safe, secure and watertight condition.
(b) Roofs shall be maintained in a clean condition and kept free of trash, debris or any other element which is not a permanent part of the building or a functional element of its mechanical or electrical system.
(c) Any false roof, mansard or like roof element or other auxiliary structure on the roof shall be maintained in a safe, secure manner and in good condition.
(Ord. No. C-89-31, § 2(48-58), 4-18-89)

Sec. 9-309. Minimum standards for appurtenant structures.
Chimneys, elevator shafts, mechanical and electrical equipment and devices shall be maintained in a satisfactory state of repair.
(Ord. No. C-89-31, § 2(48-59), 4-18-89)

Sec. 9-310. Inspections.
(a) The enforcing agency is hereby authorized and directed to make inspections, in accordance with all legal requirements, to determine the condition of the buildings and structures governed by this article.
(b) The inspecting officers of the enforcing agency are hereby authorized to enter the buildings and structures governed by this article to examine and survey, at reasonable hours, all structures for which minimum standards are established by this article.
(c) The owner, operator, lessee, occupant, or the person in charge of every structure or building governed by this article shall give the inspecting officer free access for the purpose of making such inspection, examination and survey; and, shall supply, as correctly and promptly as possible, all information requested by the inspecting officer.
(d) Inspecting officers of the enforcing agency shall be provided with official identification and shall exhibit such identification when making any inspection.
(e) For the purpose of ensuring that vacant, boarded-up structures remain secured, inspections of vacant, boarded-up structures may be conducted at thirty (30) day intervals at a cost of fifty dollars ($50.00) per structure. The city shall serve a statement of inspection costs to the property owner, who shall have thirty (30) days from the date of service of the statement to pay the city. In the event of mailing such statement to the property owner, service shall be deemed complete upon mailing.
(Ord. No. C-89-31, § 2(48-60), 4-18-89; Ord. No. C-93-12, § 5, 2-16-93)

Sec. 9-311. Enforcement.
This article shall be enforced and administered in addition to the otherwise applicable provisions of state and local ordinances. Where there is a conflict between the application of this article and any other law or ordinance, the most restrictive provisions shall apply.
(Ord. No. C-89-31, § 2(48-61), 4-18-89)

 Sec. 9-312. Nuisances.
The existence of a nuisance as defined in section 9-303 of this chapter is prohibited.
(Ord. No. C-93-12, § 6, 2-16-93)

Sec. 9-313. Numbering display requirements.
(a) Premises identification. New and existing buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be arabic numerals or alphabet letters.
(b) Such signs or other marking methods shall have numbers no less than four (4) inches in height for residential buildings and at least eight (8) inches in height for all other buildings and shall not exceed two (2) square feet in area. These numbers shall be kept free of obstructions to visibility.
(c) The assigned street number of all structures and buildings located on navigable waterways and within the city shall be displayed on the property, so as to be plainly visible from the adjacent navigable waterway. The number shall contrast with the background and not be blocked by vessels or landscaping.
(Ord. No. C-99-70, § 5, 12-21-99)

Sec. 9-314. Clothesline requirements.
Clotheslines shall be maintained in a safe condition and shall be permitted only in the rear yard of property unless the rear yard abuts a waterway, where the clothesline shall be located a minimum of ten (10) feet from the waterway as measured in accordance with section 47-2.2.R. It shall be a violation of this section to use fences or any other exterior structures for the purposes of hanging clothing or other laundry items out to dry.
(Ord. No. C-99-70, § 6, 12-21-99; Ord. No. C-04-2, § 6, 1-21-04)
Secs. 9-315--9-322. Reserved.

 ARTICLE VIII. VACANT DWELLINGS OR BUILDINGS*
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*Editor's note: Ord. No. C-99-70, § 7, adopted Dec. 21, 1999, added provisions designated as Art. VIII, §§ 9-323--9-331. Former Art. VIII has been renumbered as Art. IX. See the editor's note at Art. IX and the Code Comparative Table for a detailed analysis of inclusion of said ordinance.
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Sec. 9-323. Findings and purpose.
(a) The City of Fort Lauderdale finds, determines and declares that buildings which remain vacant and unoccupied for any unreasonable period of time become an attractive nuisance or dangerous condition to children, a harborage for insects, rodents, vermin or other pests, an invitation to criminals as a temporary abode and as a place to engage in illegal conduct, frequently including illegal drug related activity, and an increased fire hazard; that unkept and unsecured grounds surrounding such buildings invite the dumping of garbage and trash thereon and the congregation of unauthorized persons who use the property for illegal activity; that such buildings contribute to the growth of blight within the city, depress market values of surrounding properties, thereby reducing tax revenues, necessitate additional governmental services, significantly interfere with the use and enjoyment of neighboring properties, create an unhealthy and unsafe condition affecting the public and constitutes an unreasonable use of property and a public nuisance.
(b) The protection of the public health, safety and welfare requires the establishment and enforcement of the means by which such nuisance conditions may be prevented and abated.
(Ord. No. C-99-70, § 7, 12-21-99)

Sec. 9-324. Definitions.
The definitions contained in Article VI and Article VII of this chapter shall also apply to this article.
(Ord. No. C-99-70, § 7, 12-21-99)

Sec. 9-325. Application.
(a) The provisions of this article shall apply generally to all property throughout the City of Fort Lauderdale.
(b) Provisions of this article are to be supplementary and complementary to all of the provisions of the City of Fort Lauderdale Code of Ordinances, state law, and any law cognizable in common law or in equity, and nothing in this chapter shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City of Fort Lauderdale to abate any and all nuisances.
(Ord. No. C-99-70, § 7, 12-21-99)

Sec. 9-326. Responsibility for property maintenance.
Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this article and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
(Ord. No. C-99-70, § 7, 12-21-99)

Sec. 9-327. Violations--Enforcement.
(a) In addition to all other remedies and penalties available under this chapter, under other sections of this Code or under other laws, any person, firm or corporation who violates the provisions of this Code is guilty of an infraction for each day such violation continues and shall be subject to the penalties set forth in section 1-6 of this Code.
(b) In addition to all other remedies and penalties available under this chapter, under other sections of this Code or under other laws, any violation of this chapter may be enforced by injunction issued by the court upon a suit brought by the city.
(Ord. No. C-99-70, § 7, 12-21-99)

 Sec. 9-328. Nuisances specified.
It is declared unlawful and a public nuisance for any owner of any property in this city to maintain such property or to permit such property to be maintained in such a manner that any one or more of the conditions described in the following subsections are found to exist:
(a) Any vacant and unoccupied building whose doors, windows, or other openings are broken or missing, so as to allow access to the interior, or boarded and which is not secured in compliance with this article;
(b) Any vacant and unoccupied building whose doors, windows or other openings are secured by boarding, but for which there is no current and valid boarding certificate as required by this article.
(Ord. No. C-99-70, § 7, 12-21-99)

Sec. 9-329. Certificate required for securing building.
(a) All buildings that must be secured by boarding pursuant to this section shall require a certificate for boarding issued by the city. The fee for boarding certificates shall be twenty-five dollars ($25.00).
(b) No person, firm, association or corporation shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method used in the original construction and design of the building or structure without first applying for and, within thirty (30) days of application, completing all steps necessary for the issuance of a boarding certificate and thereafter having a valid and current boarding certificate therefor from the building official.
(c) The building official shall issue a boarding certificate required by subsection (a) upon the submission of a written application by the owner of the property or his/her authorized representative or contractor, upon the payment of the required fee and upon the confirmation through inspection by a city building inspector that the boarding or other method of securing the building or structure has been done in compliance with this article.
(d) The boarding certificate issued pursuant to this section shall authorize the boarding or other securing of a building or structure for a period of no greater than one (1) year from the date of issuance. The boarding certificate may be renewed after the initial one (1) year, for an additional six (6) months, upon the submission of a written application by the owner of the property or their authorized representative or contractor with the submission of the application occurring no later than ten (10) businessdays prior to the expiration of the original certificate, upon the payment of the required fee and upon the confirmation through inspection by a city building inspector that the boarding or other method of securing the building or structure has been done in compliance with this article. The issuance of a renewal boarding certificate shall also be subject to all of the following conditions:
(1) The owner shall submit a detailed plan for correction, repair or rehabilitation of violations of state or local building and housing standards and for the securing of the doors, windows and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a detailed plan for sale of the property to another person or entity with provision in the sale of correction, repair or rehabilitation; and
(2) The owner shall submit a time line for applying for appropriate permits for such work and for completing such work prior to the expiration of the renewal certificate, or alternatively, a timeline for the sale of the property;
(3) The renewal certificate may be revoked by written notice of the building official if the owner fails to comply with the plan for such work or fails to comport to the timeline submitted.
(e) A boarding certificate may not be extended beyond the renewal period nor may a new application for the same property be accepted by the building official within one (1) year of the date of expiration of the prior certificate, except upon the submission of a written application by the owner of the property or their authorized representative or contractor, upon the payment of the required fee, upon the confirmation through inspection by a city building inspector that the boarding or other method of securing the building or structure has been done in compliance with this chapter and upon demonstration that "good cause" for the renewal exists. "Good cause" shall require a showing by the owner that the certificate renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, inability to locate a suitable buyer, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, "good cause" shall also require a showing by the owner that the owner has exercised reasonable and due diligence in attempting to complete the needed repair, rehabilitation or correction or is attempting to sell the property. In the event that the building official determines that there exists good cause to renew the certificate and that all other conditions are met, the certificate may be renewed by the building official for a period of up to, but not more than, an additional one (1) year, subjectto all of the same conditions imposed on the original renewal certificate.
(Ord. No. C-99-70, § 7, 12-21-99; Ord. No. C-05-11, § 1, 6-21-05)

Sec. 9-330. Exceptions.
Board up certificate shall not be required in the following circumstances:
(a) Temporary emergency situations, including but not limited to damage caused by vandalism, theft or weather and hurricane preparation.
(b) Seasonal residences, provided however, that the property comply with Chapter 23 of the Florida Building Code.
(Ord. No. C-99-70, § 7, 12-21-99; Ord. No. C-03-23, § 2, 7-1-03)

Sec. 9-331. Standards for securing building.
(a) The boarding of the doors, windows or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the following minimum standards:
(1) Securing by boarding. Windows; windows and similar openings shall be boarded with exterior grade plywood of a minimum thickness of five-eighths ( 5/8) inch nominal or its equivalent. Vent holes may be required, as deemed necessary by the city. The plywood shall be secured in place by two (2) inches by four (4) inches or four (4) inches by four (4) inches crossmembers, secured to the plywood by three-eights ( 3/8) inch plated carriage bolts with large washers at each end and with the crossmember turned so that the carriage boltgoes through the larger dimension. Bolts used to secure the crossmember shall be threaded to the correct length. A minimum of two (2) crossmembers shall be used on each window and, depending on the size of the opening, additional crossmembers may be required. Each crossmember shall be a continuous piece of lumber, and each must extend at least one (1) foot past the window opening in each direction. Bolts and nuts used to secure the crossmembers to the plywood must be tightened enough to slightly deflect thewood. Bolt heads must fit tightly against the wood and not give a purchase for pliers or pry bars.
(2) Exterior doors: Exterior doors shall be boarded with exterior grade plywood of a minimum thickness of five-eighths ( 5/8) inch nominal or its equivalent, fitted to the entry door jamb with maximum one-eighth ( 1/8) inch clearance for each edge. The existing door should be removed and stored inside the building. The plywood shall be attached to three (3) horizontal two (2) inches by four (4) inch wooden crossbars each with two (2) three-eighths ( 3/8) inch carriage bolts and matching hardware. The plywood shall be attachedto the door entry with three case hardened strap hinges of the types specified by the building official and the plywood shall be secured by a case hardened steel hasp and minimum two-inch case hardened padlock also of the type specified by the city.
(3) Painting of boarded openings: All boarded openings shall be painted with a minimum of one coat of exterior paint which is of a color compatible with the exterior color of the building or structure.
(4) Alternative methods of securing a building: Upon application for a boarding certificate, the building official may approve alternative methods of securing a vacant and unoccupied building or structure. In making the determination to approve any alternative method, the city shall consider the aesthetic and other impacts of such method on the immediate neighborhood and the extent to which such method provides adequate and long-term security against the unauthorized entry to the property.
(b) Additional requirements. In connection with the boarding of the doors, windows or other openings of any building or structure or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the following requirements:
(1) All utility service to the building or structure shall be terminated by removal of the meters and termination of electric power at the pole. Compliance with this subsection may be waived in writing by the city as to the electric utility service in the event that electricity is needed to power exterior security lighting, an alarm system or equipment to be used in connection with rehabilitation of the building or structure for which there is an active and current building permit;
(2) The sewer shall be capped in a manner approved by the city so as to prevent the accumulation of methane gas in the building or structure;
(3) The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid waste, and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and prevent hindrance to firefighting equipment or personnel in the event of a fire.
(Ord. No. C-99-70, § 7, 12-21-99; Ord. No. C-00-22, § 1, 4-18-00)
Secs. 9-332--9-339. Reserved.
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 Chapter 17 NOISE CONTROL*
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Sec. 17-9. General prohibitions.
It shall be unlawful for any person to make or continue or cause to be made or continued any excessive, unreasonable or unusually loud noise or to create a noise disturbance within the limits of the city.
(Code 1953, § 29-4; Ord. No. C-75-72, § 1, 7-15-75; Ord. No. C-00-13, § 3, 3-7-00)

Sec. 17-10. Specific prohibitions.
The following acts are declared to be unreasonably loud, disturbing, jarring, raucous, or excessive noise in violation of this chapter, but said acts shall not be deemed to be exclusive:
(1) Radios, stereos, audio or visual equipment, sound equipment, sound amplification devices, television sets, exterior loudspeakers and similar devices. Operating or permitting the use or operation of any radio receiving set, musical instrument, stereo, sound equipment, audio or visual equipment, sound amplification devices, television, phonograph, dvd player, tape player, cd player, turn table, microphone, drum, exterior loudspeaker, or other device for the production or reproduction of sound in such a manner as to cause noise disturbance so as to disturb the peace, quiet and comfort of the neighborhood and vicinity thereof; or operating in such a manneras to exceed the noise level for that district in any given period of ten minutes or more as established in section 17-11.
(2) Animals. Owning, keeping, possessing, or harboring any animal, bird or fowl which, by frequent or habitual howling, barking, meowing, squawking, or other noise-making, causes a noise disturbance. The provisions of this subsection shall also apply to all private or public facilities, including any animal pounds which hold or treat animals.
(3) Loading operations. Loading, unloading, opening or otherwise handling boxes, crates, containers, garbage cans, or otherwise similar objects in such a manner so as to cause excessive and unnecessarily loud noises therefrom or noise disturbance.
 (4) Construction noise.
(a) Operating or causing to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto in residential or commercial land use categories with sound-control devices less effective than those provided on the original equipment. It shall further be unlawful for any person to operate or cause to be operated equipment for the uses aforementioned between the hours of 7:00 p.m. and 8:00 a.m. the following day except for public works transportation projects that are approved pursuant to section 17-14.
(b) Any person desiring to engage in the use of equipment for the aforementioned purposes beyond the hours of limitations aforementioned, based upon cases of necessity or in the interest of public health, safety and convenience, may apply to the city manager for a special permit allowing same. Such permits, if granted, shall be limited to a period of up to thirty (30) days duration, but may be renewed for additional periods of up to thirty (30) days if the emergency or need therefor continues. In the issuance of such permits the city manager shall weigh all facts and circumstances and shall determine whether the reasons given for the necessity are valid and reasonable, whether the public health, safety and convenience will be protected or better served by granting the permit requested, and whether the manner and amount of loss or inconvenience to the party in interest imposes a significant hardship upon such party.
(5) Vehicle repairs or testing. Repairing, rebuilding, modifying or testing any motor vehicle, off-road vehicle, or motorboat in or near a residential use district in such a manner as to cause noise disturbance or violate the provisions of section 17-11.
(6) Impulsive sources. The using of fireworks, explosives, or the firing of guns or other explosive devices without first obtaining a permit from the city for that activity.
(7) Motor vehicle racing events. Operating or permitting the operation of any motor vehicle racing events at any place, except an authorized track in a manner approved by the city manager to minimize noise disturbance.
(8) Watercraft. Operating or causing the operation of any motorboat in any lake, river, stream, or other waterway in such a manner as to cause a noise disturbance.
(9) Miscellaneous noise. Causing a noise disturbance by any other means which exceeds the noise level for that district in any given period of ten (10) minutes or more as established in section 17-11.
(Code 1953, § 29-4.1; Ord. No. C-75-72, § 1, 7-15-75; Ord. No. C-82-117, § 2, 12-7-82; Ord. No. C-97-17, § 1, 6-3-97; Ord. No. C-00-13, § 4, 3-7-00)

Sec. 17-11. Maximum noise level in use districts.
(a) Maximum limits. It shall be unlawful, within the use districts as indicated in Table I below, for a sound or noise source to exceed the maximum noise levels as set forth in Table I below as measured at any point on the boundary of the property from which the sound or noise is emanating.
TABLE I
TABLE INSET:
Use District
Time
Maximum Noise Levels
Residential
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
55 dBA
60 dBA
Commercial-Agricultural
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
60 dBA
65 dBA
Light Industrial
10:00 p.m. to 7:00 a.m.
7:00 a.m. to 10:00 p.m.
65 dBA
70 dBA
Heavy Industrial
Any time
75 dBA
(b) District boundaries. When a noise source can be identified and its noise measured in more than one (1) use district, the pressure level limits of the most restrictive use district shall apply at that district boundary.
(c) Correction for intermittency. If the character of the sound is not steady, an exception to the above provisions may be made as follows:
TABLE INSET:
Character of Sound
Correction applied to Sound Pressure Level Limit dB(A)
Source operates continuously one (1) minute or less in any hour
+15*
Source operates continuously five (5) minutes or less in any hour
+10*
Source operates continuously fifteen (15) minutes or less in any hour
+5*
Source of repetitive impulse character
-5
Source has pure tone or is of cyclically varying amplitude
-5
*Apply one (1) correction only.
(Code 1953, § 29-6; Ord. No. C-75-72, § 1, 7-15-75; Ord. No. C-82-117, § 4, 12-7-82)

Sec. 17-12. Residential land use.
No new residential construction, either single- or multiple- family, shall be approved if the sound pressure level existing in the area of proposed construction exceeds sixty-five (65) dBA for more than twelve (12) hours in twenty-four (24) hours on a normal weekday at any point on the proposed site where habitation is to occur. For multistory buildings, the appropriate height shall be used. In addition, no approval shall be given for construction near airports where the noise exposure forecast is greater than forty (40) or the composite noise rating is greater than one hundred ten (110).
(Code 1953, § 29-8.3; Ord. No. C-75-72, § 1, 7-15-75; Ord. No. C-79-82, § 1, 12-4-79)

Sec. 17-13. Commercial or industrial land use.
No new commercial or industrial construction shall be approved unless it can be shown that the provisions of this chapter can be met for existing land use zoning.
(Code 1953, § 29-8.4; Ord. No. C-75-72, § 1, 7-15-75)
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Section 18  NUISANCES

ARTICLE I. IN GENERAL

 Sec. 18-1. Conditions declared public nuisances.
(a) The existence of excessive accumulations or untended growth of weeds, undergrowth or other dead or living plant life, overgrowth of lawn, grass or weeds or stagnant water, rubbish, debris, or trash, including any wrecked, derelict or partially dismantled motor vehicle, trailer, boat, machinery, refrigerator, washing machine, plumbing fixture, furniture or similar article, and all other objectionable, unsightly or unsanitary matter upon any property within this city to the extent and in the manner that such property is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance and unlawful.
(b) For the purposes of this section, the definitions contained in section 18-26 shall apply.
(Code 1953, § 20-6.1; Ord. No. C-74-138, § 1, 12-17-74; Ord. No. C-76-4, § 6, 1-20-76; Ord. No. C-76-118, § 6, 1-4-77; Ord. No. C-79-26, § 1, 3-20-79; Ord. No. C-99-8, § 1, 2-16-99)

Sec. 18-2. Alternative enforcement procedure and penalties.
(a) Notice; hearing. Whenever it is determined that there is a violation of this chapter, notice of such violation and the opportunity for a hearing shall be served upon the person or persons responsible for correcting said violation in the manner prescribed in this Code or as otherwise provided by law.
(b) Penalty; action taken upon refusal, failure or neglect to remove a violation. Upon the refusal, failure or neglect of the person or persons served with a notice of violation to cure a violation, and when the violator does not appear at the hearing granted pursuant to the Code or as otherwise provided by law or when an order finding a violation is entered against the violator the enforcing agency shall notify the violator, in writing, that the refuse, rubbish, vehicle or other matter causing the violation will be towed or removed by city ten (10) days thereafter.
(c) Costs recovered. The costs incurred by the city in the towing, removal or other action taken shall be paid from the public treasury; provided, however, the violator shall be responsible for such costs and shall reimburse the city for all costs incurred within thirty (30) days of receipt of the invoice. Failure to make such reimbursement shall subject the person to appropriate legal action for the recovery thereof and shall become a lien on the property.
(Ord. No. C-90-4, § 2, 1-23-90; Ord. No. C-99-8, § 2, 2-16-99)
Secs. 18-3--18-25. Reserved.

ARTICLE II. LOT CLEARING*
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*Cross references: Lot clearing authorized to be special assessment, § 2-155.
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Sec. 18-26. Definitions.
The following words, terms and phrases, when used in both this article and article I of this chapter shall have the meanings ascribed to them in this section:
Code means the Code of Ordinances of the City of Fort Lauderdale, as existing, or as may be amended from time to time.
Director means the director of the fire-rescue and building department or a duly authorized designee.
Garbage means every waste accumulation of animal or vegetable matter which attends the preparation, use, cooking, processing, handling or storage of meats, fish, fowl, fruits, vegetables or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors or which, during or after decay, may serve as breeding or feeding material for flies, insects or animals.
Overgrowth means lawn, grass or weeds in excess of six (6) inches in height.
Solid waste means useless, unwanted or discarded solid material with insufficient liquid content to be free flowing, including, but not limited to, any and all bulk trash, commercial trash, rubbish, building materials, garbage, household trash, commercial and industrial waste, litter, refuse, scrap materials, white goods, boat parts, car parts, junk, trailer parts, furniture, tree trimmings, yard waste, construction debris, demolition debris and/or any other similar solid material or waste that is unwanted or discarded or surrendered for collection disposal.
Swale area means that area immediately adjacent to a roadway between the driving surface of the roadway and the adjacent private property line.
Vegetation means all natural growth upon a lot or parcel of ground, including grass, weeds, trees, vines, bushes, underbrush and the waste material arising therefrom.
Yard waste means every waste accumulation of lawn, grass or shrubbery cutting or clippings and dry leaf rakings, rocks, branches, palm fronds, tree branches, parts of trees, bushes or shrubs, green leaf cuttings, coconuts, fruit or other matter usually created as refuse in the care of trees or large bushes.
(Code 1953, § 20-1(k); Ord. No. C-68-35, § 1, 7-2-68; Ord. No. C-69-5, § 1, 1-21-69; Ord. No. C-74-126, § 1, 11-19-74; Ord. No. C-82-41, § 1, 5-18-82; Ord. No. C-99-8, §§ 3, 4, 2-16-99)

Sec. 18-27. Duty of owners of lots to clean.
(a) All owners or occupants of real property located within the limits of the city shall clean and clear the same, including swale areas abutting such real property, of weeds, dead trees (including stumps), undergrowth, debris, brush, garbage, solid waste, yard waste, vegetation, and unsanitary matter accumulated thereon.
(b) Excessive overgrowth, accumulation of junk, trash, declared public nuisance; prohibited. No person owning or having possession of any land shall permit the existence of excessive accumulation of untended overgrowth of grass, weeds, vegetation, rubbish, trash or dead trees, standing or fallen, underbrush, upon any lot, tract or parcel of land, improved or unimproved, within the city to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals or may furnish a breeding place for mosquitoes or threatens or endangers the public health, safety or welfare or may reasonably cause disease or adversely affects and impairs the economic welfare of adjacent property. Such property is hereby prohibited and declared to be a public nuisance.
(c) Accumulation of trash and rubbish prohibited. It shall be unlawful for any person to place, sweep, scatter or cause to be placed, swept or scattered any trash, rubbish, paper, fruit peelings, debris, refuse or filth upon any street, lot, tract, parcel of land, sidewalk, parkway or bank of any river, stream or waterway, alley or any vacant lot or upon any improved property, regardless of ownership, and to dump or deposit in any stream, watercourse or pool within the limits of the city any trash, debris, refuse, paper, oil, vegetable and mineral matter or other substance that will tend to pollute the waters of such stream, watercourse or pool.
(d) The director shall notify any property owner whose parcel of real property, including the swale area abutting such real property, is found to have an unlawful accumulation of weeds, dead trees (including stumps), undergrowth, debris, trash, brush, yard waste, vegetation, solid waste, unsanitary matter, or any other matter which disrupts the health, safety and welfare of the neighboring residents, that said parcel of real property is being maintained in violation of this article. Said notice shall specify the nature of the violation and shall contain a statement requiring that the property owner voluntarily clean and clear the subject parcel of real property within ten (10) days of receipt of the notice or within ten (10) days of the second publication of the notice, if notice is provided by publication. Said notice shall also inform the property owner that failure to clean and clear the subject parcel within the time specified could result in the city causing the necessary work to be performed with the cost and expense of such work becoming a charge and lien against said property if the property owner shall fail to reimburse the city for the cost and expense of clearing and cleaning within thirty (30) days of the city rendering a statement of such assessed costs and expenses to the owner. Said notice shall be in writing and shall be served upon the property owner by certified mail, return receipt requested, by hand delivery by a law enforcement officer or code inspector or other person designated by the building director, by leaving the notice at the property owner's usual place of residence with any person residing therein who is above the age of fifteen (15) years and informing such person of the contents of the notice, or when service by certified mail or hand delivery cannot be obtained, by publication once a week for two (2) consecutive weeks in a newspaper of general circulation, together with posting of the notice on the property and at City Hall, at the time of the second publication. Said notice shall also inform the property owner of the right to contest the notice of violation and have a hearing thereon before the office of the city manager by serving upon the city, within ten (10) days of receipt of the notice, or within ten (10) days of the publication of the notice, if notice is provided by publication, a written notice of contest specifying why the property is not in violation.
(e) Those property owners whose properties are cleaned or cleared by the city, pursuant to subsection (d) hereof, three times within any twelve (12) month period, shall be deemed repeat violators. After the third offense within any twelve (12) month period, the repeat violator shall thereafter be given three (3) days within which to comply.
(f) Administrative fee for preparing and issuing invoices. There shall be an administrative fee of one hundred and fifty dollars ($150.00) for the administrative costs associated with lot clearing under this chapter, which fee shall be added to the invoice and charged to the recipient of the invoice.
(g) Action taken pursuant to section declared cumulative. Any action taken pursuant to this section in regard to the disposal, abatement or removal of the conditions herein declared public nuisances shall be considered cumulative and in addition to penalties and other remedies provided elsewhere in the Code including, but not limited to section 1-6 of the Code.
(Code 1953, § 20-12; Ord. No. C-68-35, § 1, 7-2-68; Ord. No. C-75-27, § 1, 4-1-75; Ord. No. C-80-19, § 1, 3-4-80; Ord. No. C-82-41, § 2, 5-18-82; Ord. No. C-90-67, § 1, 9-18-90; Ord. No. C-93-22, § 1, 3-2-93; Ord. No. C-99-8, § 5, 2-16-99; Ord. No. C-00-8, § 1, 2-15-00)

Sec. 18-28. Failure of owner to comply; notice to owner; performance of work by city; lien.
(a) If any property owner to whom notice of violation is given pursuant to section 18-27(b) hereof is given, fails or refuses to comply with the requirements of said notice or fails to file a notice of contest within ten (10) days, then city work crews or contractors, or both, shall clean and clear the subject parcel of real property or swale area or both, and a statement of the assessment of the cost and expense of such work shall be served upon the property owner in the manner as provided in section 18-27(b)above. In the event of mailing such statement to the property owner, service shall be deemed complete upon mailing. The property owner shall have thirty (30) days from the date of service of the statement of assessed costs within which to either pay to the city the amount due thereon or serve upon the city a written contest of the assessment.
(b) In the event the property owner fails to either timely pay the amounts due as reflected in the notice of contest statement of assessed costs or to timely serve a written contest of the assessment, the matter will be scheduled before the city commission for consideration and adoption of a resolution assessing against the property the costs and expense of such lot clearing. The resolution may also impose a special assessment lien against the property for the costs so assessed. A notice of the special assessment lien assessed by the city commission for the unpaid costs and expense of such lot clearing as stated above may be recorded in the public records of Broward County. Said charge and lien shall be due and payable forthwith unless the time for payment shall be extended by the city commission. The assessed costs and liens provided for herein shall bear interest at the legal rate and may be foreclosed in the manner provided by law for municipal tax or special assessment liens or as a mortgage or in any other manner as provided by law. In any action brought by the city for payment of the liens assessed herein after October 1, 1990, the property [owner] shall be responsible for and the lien shall so secure payment of all costs of foreclosure, including reasonable attorney fees, incurred by the city. All special assessment liens imposed hereby after October 1, 1990 shall remain, until discharge, liens equal in rank and dignity with the lien for ad valorem taxes and superior in rank and dignity to all other liens and encumbrances.
(c) Any property owner who has been served hereunder with a notice of violation may file and serve upon the office of the city manager a written notice of contest to the notice of violation or assessment of costs and charges within the times provided in subsections (a) and (b) above. Such notice of contest shall specify all defenses to the notice of violation or imposition of assessed costs and expenses. The office of the city manager shall conduct a hearing on such notice of contest at which time the parties shall present evidence in support of their respective positions. Formal rules of evidence shall not apply. At the conclusion of the hearing the office of the city manager shall issue an order either (1) upholding, in whole or in part, the notice of violation or assessment of costs and providing reasonable time for compliance or payment, or (2) dismiss, in whole or in part, such portions of the notice of violation or assessment of costs and charges as are not in accordance with sections 18-27 and 18-28 hereof.
(d) A property owner shall have the right to appeal from the decision of the office of the city manager or city commission by filing a common law writ of certiorari with the circuit court in the manner as provided by law.
(e) The method of procedure for cleaning and clearing real property set forth in subsection (a) shall be supplemental, additional and alternative to the procedure contained in Article XVI of the former City Charter, "Special Assessment for Local Improvements," and any other manner as provided by law.
(Code 1953, § 20-12.1; Ord. No. C-80-19, § 2, 3-4-80; Ord. No. C-82-41, § 3, 5-18-82; Ord. No. C-90-67, § 1, 9-18-90; Ord. No. C-99-8, § 6, 2-16-99)
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Section 24:  SOLID WASTE
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 Sec. 24-11. Construction sites.
(a) All construction sites shall provide suitable containers for solid waste and construction debris generated by construction activity.
(b) All such solid waste and construction debris shall be maintained securely. No such construction debris or solid waste shall remain loose or unsecured at any time.
(c) No such construction debris or solid waste shall become airborne or cause a nuisance or disruption to the health, safety or welfare of the surrounding neighbors.
(d) All such solid waste and construction debris shall be removed from the site or placed in a suitable container within twenty-four (24) hours. This twenty-four (24) hour period may be reduced, at the discretion of the city code inspector, where it is necessary for the protection of human health, welfare or safety, or where it is necessary to protect the environment.
(Ord. No. C-99-2, § 1, 1-20-99)
Secs. 24-12--24-25. Reserved.


Section 25: STREETS & SIDEWALKS

ARTICLE I. IN GENERAL
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 Sec. 25-4. All sidewalks adjacent to public streets declared public sidewalks.
All paved sidewalks abutting or adjacent to public streets in the city are declared to be public sidewalks for the use of the public generally, regardless of whether the land upon which same are constructed is dedicated to the public or owned by private persons. It shall be unlawful for any person to so use or obstruct such public sidewalks as to interfere with the use of the public, except in case of construction or other special instances permitted.
(Code 1953, § 40-23)

 Sec. 25-5. Removal of trees, obstructions, etc., within certain distance of street; notice to owner.
The city manager is hereby authorized and directed to remove or cause to be removed any tree, shrub, or other obstruction to travel upon any street, sidewalk or grass plat adjacent thereto within twenty-five (25) feet of the intersection of the curblines or traveled ways of any street within the city; provided, however, before making any such removal of any such tree, shrubbery, or other obstructions, the city manager shall give the owner of the property upon which the same is located an opportunity to makesuch removal, by written notice to such owner ten (10) days in advance of such removal. In the event the owner fails to remove the tree or obstruction, the city will make the removal and charge the cost of removal against the property.
(Code 1953, § 40-11)

 Sec. 25-7. Building on or obstructing streets and sidewalks; temporary closing of streets.
(a) Except as authorized by a permit issued pursuant to Article III of this chapter, it shall be unlawful for any person to erect, build, construct, deposit or place upon or in any street or any place where the public has the right of passage any building, structure or obstruction of any kind whatsoever or to enclose any street, park or other public property without the express consent and permission of the city commission.
(b) Streets, alleys and sidewalks which are under the jurisdiction of the city may be closed for a period of time not to exceed seventy-two (72) hours by order of the city manager. Only such rights-of-way which are not classified as within the jurisdiction of other governmental entitles or subject to separate agreements may be closed by the city manager. The city manager shall assure that vital public services and traffic safety are maintained during the street closure.
(Code 1953, § 40-2; Ord. No. C-83-123, § 1, 12-6-83; Ord. No. C-98-29, § 1, 5-19-98; Ord. No. C-05-14, § 1, 6-21-05)
State law references: Obstructing highway, F.S. § 861.01.
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 Sec. 25-9. Building contractors closing streets, permit.
It shall be unlawful for any contractor, builder or other person engaged in the erection or construction of any building or structure to close or obstruct any street or portion thereof without first obtaining a permit from the office of the city engineer to do so. A permit shall be granted if the proposed activity will not:
(1) Injure the public ways.
(2) Unduly obstruct the public ways.
(3) Endanger the public safety.
(Code 1953, § 40-7; Ord. No. C-98-29, § 2, 5-19-98)
Sec. 25-13. Permit required to construct paved driveway or parking strip adjacent to street.
Before any person shall be permitted to construct a rock or paved driveway or parking strip adjacent to the pavement on any of the public streets, avenues or boulevards in the city, permission for such construction shall be obtained from the office of the city engineer, and a detailed drawing of the size and nature of the improvement to be made shall be filed with the city engineer.
(Code 1953, § 40-13)
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 ARTICLE II. CONSTRUCTION AND REPAIR OF SIDEWALKS

DIVISION 1. GENERALLY

Sec. 25-41. Enforcement.
The city manager shall enforce the provisions of this article.
(Code 1953, § 40-38)

Sec. 25-42. Contractors, etc., violating article.
It shall be unlawful for any contractor, builder or any other person to construct, reconstruct, or repair any sidewalk contrary to or to violate any other provisions of this article.
(Code 1953, § 40-32)

Sec. 25-43. Sidewalks constructed contrary to article.
Any sidewalk constructed contrary to the provisions of this article may be condemned by the commission and ordered reconstructed or reformed as provided in this article.
(Code 1953, § 40-31)

 Sec. 25-44. Supervision by city.
The construction, reconstruction, maintenance and repair of all sidewalks within the corporate limits of the city shall be under the supervision of the city.  [City process]
(Code 1953, § 40-30)
Secs. 25-45--25-55. Reserved.

DIVISION 2. PERFORMANCE OF WORK BY ABUTTING PROPERTY OWNERS

 Sec. 25-56. Duty of owner of abutting property.
(a) It shall be the duty of each owner of abutting property to construct or reconstruct, maintain and keep in good repair uniform and substantial sidewalks in front of or abutting upon each parcel of his property within the city when so directed by resolution of the city commission.
(b) It shall be unlawful for the owner or occupant of any lot or part thereof to permit any sidewalk in front of such lot or part thereof to remain in such a condition as to prevent the convenient and safe use thereof by the public.
(c) Sidewalks shall be required in connection with the development of vacant property, redevelopment of developed property or construction of improvements on developed property to the extent of twenty-five (25) percent or more of the replacement value of existing improvements. They shall be constructed on all public streets abutting the plot, except as hereinafter provided. Such sidewalks shall be constructed to standards established by the city engineer and located as determined by the city engineer, generallyat the edge of the right-of-way. However, no person shall be required to construct such sidewalks when one (1) or more of the following conditions are found to exist:
(1) The city commission has not made a determination that sidewalks are desirable;
(2) The engineering department has determined that a drainage problem exists or will be created by such construction;
(3) Adjacent properties have not been improved with sidewalks;
(4) No sidewalks were constructed in the original subdivision development; or
(5) The adjacent right-of-way is less than fifty (50) feet in width.
(d) The conditions set forth in paragraphs (c)(4) and (5) of this section shall not operate to relieve an owner from such construction requirement if the majority of properties within two hundred fifty (250) feet of the subject property have been improved with sidewalks.
(e) Any person aggrieved by an adverse decision of the city engineer may appeal such decision to the board of adjustment, pursuant to section 47-31.
(Code 1953, §§ 40-4, 40-24; Ord. No. C-71-64, § 1, 9-21-71; Ord. No. C-74-32, § 1, 3-19-74; Ord. No. C-77-62, § 1, 5-3-77; Ord. No. C-80-32, § 1, 5-6-80)

Sec. 25-57. Width, material, grade, etc.
The width of each sidewalk, the material to be used in its construction, the grade thereof, and the method and manner of constructing, reconstructing and rep