AGENDA ITEM REPORT
TITLE:
title
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER, OR DESIGNEES, TO EXECUTE THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR BROWARD COUNTY STAFF SERVICES IN CONNECTION WITH HEARINGS BEFORE THE UNSAFE STRUCTURES BOARD TO PROVIDE FOR HEARING AND DISPOSITION OF CASES TO ENFORCE MINIMUM STANDARDS IN ACCORDANCE WITH THE FLORIDA BUILDING CODE.
body
BACKGROUND:
The City of Coconut Creek does not currently have an Unsafe Structures Board and does not have an Interlocal Agreement (ILA) with Broward County for handling cases related to unsafe structures. This agreement enables the City to utilize the County's Unsafe Structures Board and County staff to process and adjudicate cases of unsafe building code violations brought by the City's Building Official.
DISCUSSION:
The Broward County Unsafe Structures Board is a specialized body designed to ensure public safety by addressing buildings that pose risks due to neglect, damage, structural deficiencies, or work without building permits representing building code violations. It serves as an extension of local code enforcement by managing complex cases that require technical expertise in building code compliance. Through formal public hearings, the Board expedites the resolution of unsafe structure violations by overseeing case filing, notifications, and procedural management, relieving the City from these administrative tasks.
The Board’s purpose is the following:
• Hear and determine appeals from actions and decisions of the Building Official.
• Hear and review the application of the Building Official for review of their action where their decision, as indicated in a Notice of Violation, has not been complied with.
• Affirm, modify, or reverse the decision of the Building Official upon appeal or on application for review.
• Hear and determine appeals from actions and decisions of the enforcing agency pursuant to the provisions of the applicable Minimum Housing Code.
The Board consists of nine (9) members appointed at-large by the Broward County Commission, representing all of the following categories:
1. Registered engineer;
2. Registered architect;
3. General building contractor;
4. Electrical contractor;
5. Attorney at Law;
6. Plumbing contractor;
7. Real estate appraiser;
8. Real estate property manager; and
9. Citizen with experience and background in the field of social problems.
All professional members must be registered and licensed in the State of Florida.
Under this agreement, Broward County will provide resources, including personnel and procedural support, to facilitate hearings for cases initiated by the City. The County will handle tasks such as filing cases, scheduling, and managing hearing notifications. The City will continue to provide relevant witnesses and enforce the Board’s orders to ensure compliance. By leveraging the expertise of Broward County's Building Code Division and the Board, Coconut Creek can streamline the handling of unsafe structure cases, ensuring cases are processed efficiently without overextending City resources.
The City will incur service fees billed at hourly rates: $92.87 for a Building Code Inspector, $98.80 for a Plans Examiner, and $99.80 for a Building Official, among others. Case processing costs, including mailing and publication fees, will be billed to the City, with a cap of $500 per case, unless otherwise authorized. The agreement includes an option for the County to adjust fees based on operating costs, capped at a ten percent (10%) annual increase, and special adjustments may apply in cases of emergencies or natural disasters.
As with other types of code compliance cases, all administrative costs, including City staff time and in this situation all costs incurred pursuant to this agreement, would be recouped by the City, as they would be passed on to the violator and; if not paid, recouped through liens placed on the property.
RECOMMENDATION:
Staff recommends approval of the resolution.
FISCAL IMPACT:
REVENUES: $ 0
EXPENDITURES: TBD
BUDGETED? Yes
NOTES: Account No. 0153-3130, Outside Building Contractual Services. Expenditures will be offset by cost recovery from the violator.