Two ways a Hallandale wall gets cited
Section 8-90 has two separate citation paths, and both use the same clock (ordinance text):
- Disrepair. A barrier that lets tidal water flow unimpeded through or over it onto a neighbor or the right-of-way is presumed to be in disrepair. The owner has 60 days after the citation to show progress and 365 days to complete repairs.
- Nuisance. Barriers below 5 feet NAVD88 must be improved so tidal water does not reach adjacent property or the right-of-way. Letting tidal water trespass is a public nuisance and a citable offense, again with 60 days to show progress and 365 days to complete an approved remedy. This is the same subsection that requires side containment barriers to keep rainwater on your own lot.
When the 365 days includes a rebuild
If the needed fix is a substantial repair, the owner must design, obtain permits, build and get final inspection approval of a wall that meets the elevation and design rules no later than 365 days after the citation. In Hallandale that includes digital submittal through the Building Division's portal and permits, licenses or no-objection letters from the Army Corps, the South Florida Water Management District, Broward County and Florida DEP (city checklist). Start early.
Selling does not force a raise, but it does require a disclosure
Section 8-91 requires owners and buyers to follow Broward County Code Section 39-408, which calls for a disclosure in contracts for the sale of real estate in tidally influenced areas (ordinance text). Ask your agent or attorney for the current wording.
Key dates
- November 18, 2020: the city adopted Sections 8-88 to 8-91, effective on adoption (city ordinance file).
- January 1, 2035: last day to apply under the 4 foot allowance.
- January 1, 2050: walls permitted at 4 feet must be able to reach 5 feet.
For the height rule itself, see the Hallandale Beach seawall height requirement.