§ 9-33. Abatement procedure.

(a)

All property and structures, and all swale areas, which contain conditions that constitute a public nuisance under section 9-2, section 17-12(12), or any section of this chapter or which are improperly maintained as provided in this chapter to the extent that the property or structure constitutes a fire hazard or an otherwise dangerous or unsightly condition is hereby declared to be a public nuisance and illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following procedure:

(1)

When the code enforcement division determines, upon the complaint of any person, that any property or structure constitutes a public nuisance defined above or in any other section of the City Code or city ordinance, the code enforcement division shall notify the owner of the property or structure of the violations and the repairs or other actions which are necessary to bring the property or structure into compliance with the City Code. The notice shall be sent by certified, return receipt requested mail to the property owner at the address shown on the most recent ad valorem tax roll or at a better address if such address is known to the code enforcement division, or the notice shall be hand delivered. Notice shall be deemed complete whether a return receipt is received or not. If the owner is unknown or not found in the Broward County tax rolls then service of the notice shall be made on the owner by posting the notice on the property or structure in a conspicuous place for ten (10) consecutive days prior to the city taking corrective action. The notice shall direct the property owner to abate the nuisance within ten (10) days of the date of receipt of the notice. The notice shall further provide that in the event that the nuisance is not abated within ten (10) days, the city shall take those actions necessary to abate the nuisance and assess the actual costs of the city, including expenses, as a lien against the property.

(2)

If a repeat violation is found to exist, the code enforcement division shall provide notice to the alleged repeat violator by posting the notice on the property or structure in a conspicuous place which notice shall direct the property owner to abate the nuisance but is not required to give the repeat violator time to correct the violation. The city may proceed directly by taking all necessary steps to abate the nuisance and assess the actual costs of the city, including expenses, as a lien against the property.

(3)

Cost to owner. If the city abates any nuisance pursuant to this section, the actual cost thereof shall be billed to the owner in the same manner notice is given as provided for in paragraph (1) above. The bill shall state that the amount due must be paid within twenty-one (21) days of the billing date, which date shall be reflected on the bill.

(4)

Recording and foreclosure of lien. If the owner fails or refuses to pay the full amount due the city may, following twenty-one (21) days from the date of the bill, cause a notice of lien in favor of the City of Sunrise to be recorded in the official records of Broward County, Florida. The notice of lien shall contain a sworn statement showing the actual cost incurred by the city, the date that the costs were incurred and the legal description of the property against which the lien is assessed. The recordation of the notice of lien shall constitute a lien upon the property and shall remain in full force and effect for the amount due, principal and interest, plus costs of the court and reasonable attorney's fees, if any, until final payment is made. The liens shall be superior to all other liens on such lands liened except for those for state, county, municipal or other governmental taxes. The amount due shall bear interest at the legal rate beginning from the day of the assessment of the lien. The notice of lien, as recorded in the official record books of the Broward County, shall be prima facie evidence of the debt of the City of Sunrise and may be foreclosed as mortgages are foreclosed in the circuit court. In an action for foreclosure, the city shall receive all costs including reasonable attorney's fees.

(5)

Special assessment imposed. If the owner fails or refuses to pay the full amount due, the costs incurred by the city may be assessed against the property as authorized by section 9-33.02. All assessments shall be paid in full no later than the close of city business on the twenty-first day after the property owner has received notice of the assessment. Thereafter, the unpaid amount of the assessment will accrue interest at the maximum rate allowed by law.

(b)

The provisions of this section are available to the city in addition to any other remedies or penalties provided by state statute, city ordinance or by this chapter.

(c)

The city shall have the right to seek a civil injunction against the owner or occupant of the property for any violation of this chapter.

(d)

Nothing in this section shall be construed to prohibit the code enforcement manager from immediately abating nuisances on an emergency basis. The property owner shall be notified as immediately as possible regarding such abatement, however, this notice shall not cause for delaying such abatement of an imminent public health hazard. An emergency is defined as a hazard imminently dangerous to the health, safety or welfare of the public.

(Code 1972, § 12-4; Ord. No. 273-B, § 1, 1-29-91; Ord. No. 509, § 4, 1-26-10; Ord. No. 402-11-A, § 7, 1-25-11; Ord. No. 544, § 2, 12-13-11)