COUNCIL AGENDA ITEM DISCUSSION: CHANGE CODE REQUIREMENTS FOR IMPROVING BUILDINGS IN CODE VIOLATIONS

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1 Date: May 11, 2016 COUNCIL AGENDA ITEM DISCUSSION: CHANGE CODE REQUIREMENTS FOR IMPROVING BUILDINGS IN CODE VIOLATIONS REQUESTED BY: COUNCIL PREPARED BY: CITY PLANNER BACKGROUND / DESCRIPTION: Attached are comments from citizens who attended the May 5 th LDR workshop. Please choose what you think is best for the community and the best guidelines for the Board of Adjustments and Code Enforcement board to follow are. The council s choice will be edited into the amended chapter and brought back to council for first reading. LEGAL REVIEW: Submitted on May 12, 2016 FISCAL IMPACTS: Not applicable. RECOMMENDED ACTION: Move to First Reading with suggestions. ATTACHMENTS: CONTRACT RESOLUTION MAP LEASE x OTHER DOCUMENTS 1. Amended CH 48 COUNCIL ACTION: APPROVED DISAPPROVED May 17, 2016 Agenda Packet 56 of 165

2 Chapter 48 - HAZARDOUS BUILDINGS AND LANDS [1] Sec Scope. Modified (a) Chapter remedial. This chapter is hereby declared to be remedial and shall be constructed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises. (b) Scope. The provisions of this chapter shall apply to all unsafe buildings and hazardous lands (as defined below). (c) Standards for Aalterations, repairs or rehabilitation work. The following minimum standards shall be followed in substance by the enforcing official the by the board of appeals in ordering repair, vacation, demolition, temporary board and seal, and abatement. The owner of a dangerous building shall be given the option, wherever possible, of either demolishing the building or repairing it so that it will no longer exist in violation of the terms of this article. If a dangerous building is in such condition as to make it dangerous to the health, safety, or general welfare of its occupants, it shall be ordered to be repaired or demolished and brought up to code. The building must be boarded and sealed until such time as it is demolished or repaired so that it is no longer in violation of the terms of this article. If the owner does not board or seal the building within one month of the order to repair or demolish, the enforcing official shall order the owner to demolish and remove the building. If the owner does not begin to repair the building within six months of the order to repair or demolish, or the owner begins to repair the building and there is a cessation of normal construction or repair of more than six months, the enforcing official shall order the owner to demolish and remove the building. Vacant property standards. The following are minimum vacant property standards to be adhered to when temporary board and seal is permitted. Compliance with these standards does not constitute repair of a dangerous building. a. May 17, 2016 Agenda Packet 57 of 165

3 Exterior grade sheathing plywood of three-eighths of an inch thickness or greater shall be used to fully cover all windows, doors and other openings which may allow access to the interior of the building. b. Plywood covers shall be nailed, screwed or bolted firmly over each opening. No splices or joints of any kind shall occur over openings. Plywood shall not project beyond the outside edges of casings around openings, or in the absence of casing, project no further than six inches beyond the openings. c. Nails shall be a minimum of 8D common hot dip galvanized nails. Screws shall be a minimum of no. 10 wood screws. Bolts shall be approved by the enforcing official prior to use. d. Nails or screws shall not be spaced more than 12 inches on center along edges nor more than one inch from each corner. e. The exterior surfaces of all buildings shall be maintained against the loss of aesthetic value by approved protective materials applied in accordance with the manufacturer's specifications. The protective material must match the building colors. In any case where hazardous lands exist, the hazardous conditions existing upon the lands shall be ordered to be abated by the means least expensive and least detrimental to the owner's property and to the public environment. Alterations, repairs or rehabilitation work may be made to any existing building provided that the alteration, repair or rehabilitation work conforms to the requirements of the Florida Building Code for new construction. The land development regulations administrator shall determine, subject to appeal to the board of adjustment/code enforcement the extent, if any, to which the existing building shall be made to conform to the requirements of the Florida Building Code for new construction; Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in section 48-2; If the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of the Florida Building Code for the new occupancy classification as established by the land development regulations administrator; and May 17, 2016 Agenda Packet 58 of 165

4 (4) Repairs and alterations, not covered by the preceding subsections of this subsection (c), restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this chapter or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed. (Ord. No. 434, 10.1, ) Sec Definitions. Modified The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Excessive growth means vegetation over 18 inches high that is or may reasonably become infested by pests or may create a fire or safety hazard. Excessive growth includes vegetation growing from private lands into or across public rights-of-way, utility easements, sidewalks, drainage ditches, swales or streets. Excessive growth does not include the following unless the growth constitutes a fire or safety hazard: Shrubs, trees or bushes (natural or cultivated) used for landscape purposes. Controlled, managed and maintained low-maintenance natural landscaping; The understory of hammocks that are protected through development regulations, conditions or agreements, and vegetation within wetlands, stormwater retention lake littoral zones, or within 150 feet of a regulated creek; or (4) Land designated agricultural or conservation on the future land use map. Hazardous lands means lands unoccupied as well as occupied upon which there exists a condition or conditions dangerous to the health, welfare or safety of the public generally, or of the occupants of surrounding properties, or of the occupants of such lands, including but not limited to: Land upon which there exists an accumulation of material or items stored outside of a structure, including but not limited to lumber, tires, automobile parts, trash, hazardous waste, abandoned personal property, unusable or discarded household items, inoperative automobiles, appliances, solid waste, dangerous chemicals, explosives or other hazardous substances without sufficient protection for the control of same, junk, used scrap, construction or demolition material, tanks, drums, glass, iron, or any other material or items that may: a. May 17, 2016 Agenda Packet 59 of 165

5 Create noxious odors or harmful fumes or particulate. b. Serve as a breeding or nesting place for mosquitoes, rats, mice, poisonous snakes, dangerous wild animals, or insect vermin, in such a manner and to such extent as to pose an immediate danger to the public health and safety. c. Contribute to any other unsafe or unsanitary condition or create a dangerous nuisance attractive to children. d. Create a fire, safety or health hazard. Land upon which there is excessive growth as defined in this section. Owner means any person who, alone, jointly or severally with others, holds legal or equitable title to any building or land within the scope of this chapter and shall include any occupant, lessee, mortgagee or other person having an interest in said building or land as shown by the records of the clerk of the circuit court of the county. Unsafe building means a building or structure that has any of the following conditions, such that the life, health, property, or safety of the general public is endangered: Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load, exceeds the working stresses allowed in the Florida Building Code for new buildings. Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the Florida Building Code for new buildings. Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is designed. (4) Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. (5) May 17, 2016 Agenda Packet 60 of 165

6 Whenever any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of city regulations. (6) Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. (Ord. No. 434, 10.2, ) Cross reference Definitions generally, 1-2. (a) Sec Organization. Modified Enforcement officer. The land development regulations administrator shall be the enforcement officer of the provisions of this chapter. The city council may, by resolution, designate other persons as enforcement officer of the provisions of this chapter. The land development regulations administrator or designated enforcement officer shall function as a code inspector for circumstances governed by F.S. ch. 162, pt. I (F.S et seq.), and as a code enforcement officer for circumstances governed by F.S. ch. 162, pt. II (F.S et seq.). (b) Restrictions on employees. An officer or employee connected with the city shall not have a financial interest in the furnishing of labor, material or appliances for the construction, alteration, demolition, repair or maintenance of a building, the mowing or clearing of a property, or in the making of plans or of specifications thereof, unless he is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his duties or with the interests of the city. (c) Records. The land development regulations administrator shall keep, or cause to be kept, a record of the actions related to this chapter. (Ord. No. 434, 10.3, ) (a) Sec Powers and duties of land development regulations administrator. Modified Right of entry. The land development regulations administrator shall enforce the provisions of this chapter, and such land development regulations administrator, or his duly authorized representative, may enter any building, structure, dwelling, apartment, apartment house, or premises, during all reasonable hours to make an inspection or enforce any of the provisions of this chapter. (b) May 17, 2016 Agenda Packet 61 of 165

7 Presentation of credentials; unoccupied buildings; remedies. When entering a building, structure, dwelling, apartment, apartment house, or premises that is occupied, the land development regulations administrator, or his duly authorized representative, shall first identify himself, present proper credentials and request entry. If the building, structure, dwelling, apartment, apartment house, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge of the building and demand entry. If entry is refused, the land development regulations administrator, or his duly authorized representative, shall have recourse to every remedy provided by law, including but not limited to the provisions of F.S , to secure entry. (c) Failure to permit entry. No person, owner or occupant of any building, structure, dwelling, apartment, apartment house, or premises shall fail, after proper credentials are displayed, to permit entry into any building or onto any property by the land development regulations administrator, or his duly authorized representative, for the purpose of inspections pursuant to this chapter. Any person violating this section shall be prosecuted within the limits of the law as established by the proper governing authority. (d) Inspections. The land development regulations administrator, and other authorized representatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. (e) Liability. Any officer or employee of the city charged with the enforcement of this chapter, acting for the city in the discharge of their duties, shall not thereby render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties. Any suit brought against any officer or employee because of such act performed in the enforcement of any provision of this chapter shall be defended by the city attorney until the final termination of the proceedings. (Ord. No. 434, 10.4, ) Sec Violations. It shall be unlawful for any owner of real property within the city to create, keep, maintain, or allow the existence of any unsafe building or hazardous land, as defined in this chapter, in or on such property. (Ord. No. 434, 10.5, ) Sec Notice. In accordance with F.S. ch. 162, the notice shall provide for a reasonable time to correct a violation. If repairs, alterations or demolition of a building or structure are necessary for compliance, a reasonable time shall not be less than ten or more than 90 days. If the violation pertains only to hazardous lands, a reasonable time for cleaning or clearing same shall not be less than ten or more than 30 days. (Ord. No. 434, 10.6, ) Sec Standards for compliance. May 17, 2016 Agenda Packet 62 of 165

8 The repair or demolition of an unsafe building or structure or clearance of hazardous lands shall be done in accordance with the Florida Building Code or demolished at the option of the owner and/or where hazardous lands are involved, such lands mowed and cleared to remove such health and safety hazard. (Ord. No. 434, 10.7, ) Sec Performance of work. The repair or demolition of an unsafe building and the clearing and/or mowing of hazardous land as required in the notice by the land development regulations administrator or the final decision by the board of adjustment/code enforcement shall be performed in an expeditious and workmanlike manner in accordance with the requirements of this chapter and all other applicable provisions of these land development regulations and accepted engineering practice standards. (Ord. No. 434, 10.8, ) May 17, 2016 Agenda Packet 63 of 165

9 Code Workshop 5/5/2016 Comments One year is too much time to give the violator to fix their property o Comment from City Planner: It does not state 1 year to complete repair in code, 6 months to begin repair Would like to see addition of inspecting property prior to allowing them to board and seal, if not habitable mandate the property be demolished within a specific period of time o Comment from City Planner: The Board of Adjustments and Code Enforcement gives the suggestion of a specific period of time a person has to complete repair, generally one month Edit code: If the owner does not complete work in 6 months of the order to repair or demolish, or the owner begins to repair the building and there is a cessation of normal construction or repair of more than six months, the enforcing official shall order the owner to demolish and remove the building Would like to see it include a section asking for a project due date, when repairs have begun Would like to see it refer to architectural standards for the repair May 17, 2016 Agenda Packet 64 of 165