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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 12. Health, Sanitation, Nuisances, And Minimum Property Maintenance Standards |
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Article III. Code Enforcement |
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Division 4. Minimum Property Maintenance Standards |
| § 12-226. Intent |
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Effective: Tuesday, June 21, 2016
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(a) The provisions of this Division shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (b) This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2016-08, § 4, 06-21-16) |
| § 12-227. Applicability |
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Effective: Wednesday, September 19, 2018
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Where there is a specific conflict between a general requirement of this code and a specific requirement of this code, the specific requirement shall govern. Where differences occur between provisions of this code, and any referenced standard in this code, this code shall generally govern. Chapter 553, Florida Statutes, the Florida Building Code and all referenced standards in the Florida Building Code shall control all matters relating to new building construction, repair and remodeling. The Florida Fire Prevention Code / Florida Life Safety Code shall control all matters relating to fire safety. Where, in a specific case, different sections of this code specify different requirements, the most restrictive will govern. 12-227.1 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from, shut off from, or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. 12-227.2 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of Chapter 553, Florida Statutes, and any applicable building codes, including, but not limited to, the Florida Building Code. Nothing in this code shall be construed to cancel, modify or set aside any of the provisions of Chapter 553, Florida Statutes, or any applicable building codes to a particular project, including, but not limited to, the Florida Building Code or any referenced standard therein. 12-227.3 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. 12-227.4 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 12-227.5 Historic Buildings. The provisions of this code shall not be mandatory for existing buildings or structures that are designated as historic by the National Park Service and listed on the National Register of Historic Places when such buildings or structures are judged by the Code Official to be safe and in the public interest of health, safety, and welfare. 12-227.6 Referenced codes and standards. The codes and standards referenced throughout this code shall be considered part of this code and are accordingly adopted and incorporated herein by reference to the prescribed extent of such reference. Where differences occur between provisions of this code and the referenced standards, the more stringent standard shall apply. 12-227.7 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health, and general welfare, not specifically covered by this code shall be determined by the Code Official using the following: a. Reference to the International Property Maintenance Code, 2015 edition; b. Reference to the manufacturer's suggested guidelines or instructions for installation and use; c. Reference to the Florida Building Code or any other applicable building code; e. Reference to primary law (including federal, state, and local sources); f. Reference to any generally accepted practice in the industry, occupation, or general use for which the existing fixture, structure or equipment is primarily designated for, or which the public health, safety, and welfare requires; or g. Reference to any other suitably acceptable source of custom or practice reasonably accepted by society and sufficiently reliable in nature such that the requirement would be generally known and accepted in the community. h. Any amendment to each of the aforementioned codes or other provisions of law shall include any amendments made from time to time. The Code Official, upon observing a deficiency in a requirement necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health, and general welfare, shall, in addition to regular enforcement protocol, issue along with the first notice a written determination including the basis for requirement and the necessary steps to correct the deficiency observed to meet the requirement. 12-227.8 Code Officials. Each Code Enforcement Officer and Building Official of the City is deemed a "Code Official" for purposes of this code. A code official may only exercise authority in enforcing this code for which the said code official is duly licensed. Code Enforcement is a division of the Department of Planning and Development. Any notices required to be delivered to the Code Official under this code shall be delivered to the responsible Code Official for the case. 12-227.9 Liability. In accordance with § 768.28(9)(a), Florida Statutes, a City official or employee charged with the enforcement of this code shall not be held personally liable in tort or named as a party defendant in any action for any injury or damage suffered as a result of any act, event, or omission of action in the scope of her or his employment or function, unless such officer, employee, or agent acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. |
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2016-08, § 5, 06-21-16; Ord. No. 2018-06, § 4, 09-19-18) |
| § 12-228. Severability |
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Effective: Tuesday, January 19, 2016
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If any section, subsection, paragraph, sentence, clause or phrase of this Division is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of these regulations shall continue in full force and effect, it being the intent of the city commission to have adopted these regulations without such unconstitutional or invalid section, subsection, paragraph, sentence, clause or phrase. |
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(Ord. No. 2016-02, § 1, 1-19-16) |
| § 12-229. Duties and powers of the code official |
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Effective: Tuesday, January 19, 2016
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12-229.1 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 12-229.2 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. 12-229.3 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 12-229.4 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 12-229.5 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations. 12-229.6 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Building Official shall have the authority to grant modifications to structures for individual cases as may be deemed necessary in his or her discretion. Should a modification be denied, the requester may appeal the Building Official's decision to the Board of Adjustment and Appeals. No modification from the terms of this code shall be issued unless the Board of Adjustment and Appeals finds, based on competent substantial written evidence submitted to the Planning & Development Department at least seven (7) business days before the day of the scheduled meeting of the Board of Adjustment and Appeals, that all of the following conditions are met: a. The requested modification is in compliance with the intent and purpose of this code; b. The requested modification does not lessen health, life, safety and fire requirements; c. The circumstances giving rise to the requested modification are peculiar to the structure and do not arise from the actions of a structure owner or occupant; d. The requested modification, if approved, will not confer any special privilege that is denied by the provisions of this code to other similarly situated structures; e. Literal interpretation of the provisions of this code would deprive the structure owner or occupant of rights commonly enjoyed by other similarly situated structures; and f. The requested modification, if approved, is the minimum modification that will allow reasonable use of the structure. All requests for modifications must be submitted to the City in writing. It is the requester's responsibility to include a proper mailing address with the written request for modification. While it is preferred that the requester provide evidence supporting the modification to the Board of Adjustment and Appeals at the time of making the written request, to ensure that the requester is given adequate opportunity to provide the Board of Adjustment and Appeals with all relevant evidence, the Planning & Development Director shall, upon receipt of a request for modification, forward a notice, along with a copy of this Section, to the address supplied by the requester that identifies the Board meeting date and the deadline for document submittal. Should a modification to this code be approved, the Board of Adjustment and Appeals shall draft a modification order and shall forward a copy of the modification order to the Code Official for placement in the Code Official's files and a copy of the modification order to the Building Official for placement in the Building Official's files. Modifications to this code granted by the Board of Adjustment and Appeals are not variances and do not run with the land, and upon the application for a building permit from the City for the subject building, structure or premises by the owner or occupant thereof, such modifications shall cease to be in existence and the subject building, structure or premises must be brought into compliance with this code as a condition of issuance of the permit. Any aggrieved person adversely affected by a decision of the Board of Adjustment and Appeals made pursuant to this Section shall, within thirty (30) days of rendition of the decision, make appeal to an applicable Court of law in accordance with the Florida Rules of Appellate Procedure by filing with such Court a petition for writ of certiorari. Such an appeal shall be in the nature of that from a final administrative decision. 12-229.7 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 12-229.8 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority, but not the obligation, to require tests to be made as evidence of compliance at the property owner's expense. 12-229.9 Used material and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official. 12-229.10 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. |
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(Ord. No. 2016-02, § 1, 1-19-16) |
| § 12-230. Unsafe structures and equipment |
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Effective: Wednesday, September 19, 2018
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When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be placarded pursuant to the provisions of this code. §12-230.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. §12-230.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. §12-230.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. §12-230.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. §12-230.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous. a. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the requirements for existing buildings identified in Chapter 553, Florida Statutes, the Florida Building Code, the Florida Fire Prevention Code or the Florida Life Safety Code. b. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. c. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. d. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. e. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. f. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. g. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. h. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. i. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for habitation or in such a condition that is likely to cause sickness or disease. j. Any building or structure, because of lack of sufficient or proper fire-resistance-related construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. k. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. §12-230.6 Closing of structures. If a structure is unfit for human habitation and occupancy, and is not in danger for structural collapse, but is open such that the interior of the structure is easily accessible through open or broken windows, open or broken doors, or missing structural elements, the Code Official is authorized to issue a demand for correction in accordance with Sec. 12-211 of this code. Alternatively, should the structure (1) pose an imminent danger to the health, safety, and welfare of the general public; (2) be occupied periodically by transients or itinerants; or (3) be utilized for illegal conduct in violation of any federal, state or local law, The Code Official is authorized to have the structure immediately closed up so as not to be an attractive nuisance by posting a notice at each entrance to the building and by sealing each accessible entrance. When the Code Official elects to post a "notice " on a structure at each accessible entrance, in accordance with subsection (1), (2) or (3) above, the Code Official shall send a bill for the City's expense in closing the structure to the owner of the property underlying the structure or the agent of such owner of the property underlying the structure by United States certified mail, return receipt requested. Should the City's bill be returned unclaimed, the City may then post the bill on the closed structure and at a conspicuous location at City Hall for ten (10) days, which, on the tenth day after posting, shall constitute the equivalent of delivery. After billing by the City, if the full amount due the City is not paid by the owner of the structure or the agent of the owner of the structure within thirty (30) days after receipt of the bill or after the expiration of ten (10) days after posting the bill, the Code Official shall cause to be recorded in the public records of the county, a sworn statement showing the cost and expense incurred for the work and the date, place and property on which such work was done, and an affidavit of constructive service by posting, if any, and the recordation of such sworn statement shall constitute a special assessment lien on the property equivalent to the lien of municipal taxes and taking precedence over all other recorded liens, and shall remain in full force and effect for the amount due on principal and interest, plus costs of court, if any, for collection, until final payment has been made. Such special assessment lien may be foreclosed in the manner provided for by general law. Any owner aggrieved by the findings and order of the Code Official shall have the right to appeal said decision prior to the expiration of the time within which to pay the bill for closing the structure due the City. Any appeal taken must be requested, in writing, and timely received by the City Clerk at 201 West Central Avenue, Lake Wales, Florida. In the event the time for owner to pay expires on a weekend, evening or a holiday, the owner shall have until 5:00 p.m. the next business day to file the request for appeal. Such written notice or request may be in any form which clearly notifies the City of the owner's request. The Code Official shall place the appeal on the agenda of the next scheduled Code Enforcement Board Hearing or may request a special meeting to hear the appeal. Any appeal shall stay all proceedings in furtherance with the action appealed from until after the hearing is held. It shall be the responsibility of the owner of the property in question to show that the City's actions are without reason. The Code Enforcement Board shall determine whether the appeal is justified. The appeal hearing shall be conducted in accordance with the provisions of Chapter 162, Florida Statutes. If it is determined by the Code Enforcement Board, based on competent substantial evidence in the record, that the City's actions are without reason, the cost for closing the structure shall be borne by the City. No structure closed by the City pursuant to this section may be reopened unless said structure is wholly compliant with this code or unless it is shown during a timely appeal after hearing that the City's actions in closing the structure were without reason. §12-230.6.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 12-227.6 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to the disconnection the owner or occupant of the building, structure, or service system shall be notified in writing as soon as practical thereafter. §12-230.7 Notice. Whenever the Building Official has reason to condemn a structure or equipment under the provisions of this section, a notice of violation shall be posted in a conspicuous place on or about the structure affected by such notice and served on the owners of land, the agent of such owners, or the person or persons responsible for the structure or equipment by United States certified mail, return receipt requested. If the notice pertains to equipment, it shall also be placed on the equipment in violation. The notice shall specify a reasonable time in which the structure or equipment owner or the person or persons responsible for the structure or equipment shall abate the condition and bring such structure or equipment into compliance. §12-230.8 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard which includes a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. §12-230.8.1 Placard removal. The code official shall remove the placard whenever the defect or defects upon which the placarding action were based have been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code. §12-230.9 Prohibited occupancy. Any structure placarded by a Code Official shall be vacated as ordered by the Code Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, agent of such owner, or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be subject to the penalties of this section. §12-230.10 Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. §12-230.11 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. §12-230.12 Boarded up structures. No structure may be boarded up by its owner for a period of time exceeding one hundred twenty (120) days unless: (1) the owner is granted a written waiver signed by the Building Official and the Code Official; or (2) the structure has been closed in accordance with Sec. 12-230.6 of this code. All structures shall be maintained in accordance with Sec. 12.235.6 of this code ("Exterior walls"), and all materials used to enclose the building must be neatly fitted within window and door openings and must be painted to blend in with the rest of the building. Closing a structure in accordance with Sec.12-230.6 of this code does not relieve the owner from complying with this provision. §12-230.13 Penalties: Any person who violates any of the provisions of this section is guilty of a misdemeanor of the second degree, and punishable as provided in F.S. 775.082, and/or 775.083 except that a violation of F.S. 823.10 (Place where controlled substances are illegally kept, sold, or used declared a public nuisance) is a felony of the third degree. |
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2017-12, § 3, 7-18-2017; Ord. No. 2018-06, § 5, § 6, § 7, § 8, 09-19-2018;) |
| § 12-231. Emergency measures |
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Effective: Tuesday, June 21, 2016
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Sec. 12-231.1 Emergency closing. When, a. in the opinion of the Building Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or b. any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or c. in the opinion of either the Code Official or Building Official, there is actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes, or vapors or the presence of toxic fumes, gases or materials or operation of defective or dangerous equipment; both the Code Official and the Building Official are authorized and empowered to order and require the occupants to vacate the premises forthwith. The official ordering the vacation of the premises shall immediately thereafter post, at each entrance to the structure, a notice in substantially the following form: "DANGER! THIS STRUCTURE IS CLOSED TO THE PUBLIC! DANGER! This structure is unsafe and has been closed by Order of the City of Lake Wales pursuant to Sec. 12-231.1 of the Lake Wales Code of Ordinances. For information, please call the Code Enforcement Division at (863) 678-4182 X714 or the Building Official at (863) 678-4182 X714". Any person ordered to take emergency measures shall comply with such order forthwith. It shall be unlawful for a person to enter a posted structure except for the purpose of securing the structure, making the required inspections and repairs, removing the hazardous condition, or to demolish the structure. Any such person in violation of this provision is subject to the penalty found in Sec.12-225, Lake Wales Code of Ordinances and may be immediately removed from the structure by City personnel. Sec. 12-231.2 Safeguards. Whenever, in the opinion of the Code Official or Building Official as the situation may require, there is an emergency situation warranting an emergency closing of a structure pursuant to Sec. 12-230.6 (1), (2), or (3) of this code, the City and the official ordering the closing of the structure is authorized to order that work be done in an attempt to secure the structure such that it may be rendered temporarily safe. Neither the City nor the official ordering the closing of the structure however is under any obligation under this Section to perform any work to ensure that the structure is rendered safe. Further, should the City or the official ordering the closing of the structure choose to order that work be done in an attempt to secure the structure, neither the City nor the official ordering the closing of the structure shall be liable for any damage done to the structure during the performance of such safeguard work. Sec. 12-231.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. Sec. 12-231.4 Notification of Emergency Closing to City Commission. The City Manager shall provide the City Commission notice of any emergency closing actions taken by the City pursuant to this Code. The failure to provide such notice shall have no effect on the validity of enforcement actions taken hereunder. Sec. 12-231.5 Costs of safeguard work. Costs incurred in the performance of safeguard work shall be paid by the City of Lake Wales, but shall be assessed against the owner of the structure, as a special assessment on the real property underlying the structure, upon a showing at the mandatory hearing described in § 109.6 of this code, by competent substantial evidence, that the safeguard work was required by exigencies of the situation, given the totality of the circumstances. Sec. 12-231.6 Mandatory Hearing; appeal. Immediately after closing a structure pursuant to Section 12-231.1 of this code, the official closing the structure shall request a hearing as soon as possible before the Code Enforcement Board for the purpose of reviewing the decision of the official to determine whether it was reasonable under the totality of the circumstances. Such hearing shall be conducted in accordance with the provisions of Chapter 162, Florida Statutes, and any decision rendered by the Code Enforcement Board as to the propriety of the closure must be based on competent substantial evidence. Any appeal from the decision of the Code Enforcement Board under this provision shall be taken by filing a petition for certiorari with the appropriate court under the Florida Rules of Appellate Procedure. The nature of such an appeal shall be from a final administrative order of the City. |
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2016-08, § 6, 06-21-16) |
| § 12-232. Definitions |
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Effective: Tuesday, June 21, 2016
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The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ANCHORED. Secured in a manner that provides positive connection. APPROVED. Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE or VESSEL. A vehicle or vessel which cannot be used for its intended purpose for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its owner power. LABELED. Equipment, materials or products to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods. PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a structure. |
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2016-08, § 7, 06-21-16) |
| § 12-233. Exterior property areas |
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Effective on Tuesday, July 19, 2022
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12-233.1 Sanitation and storage of materials. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. It shall be the duty of each property owner or household in this city to remove all debris, from his or her property, including the streets, alleys, and sidewalks bordering thereon, and keep same in good, clean, and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. No owner or occupant shall permit old or broken lumber, rusted or unused equipment, discarded refrigerators, discarded stoves, old pipe, scrap metal, or other used, discarded and worn, unsightly articles or materials to remain in any yard or open area owned, occupied or in the possession of such person for a period of more than ten (10) days. Further, unless authorized by the zoning category of the property, no owner or occupant of a building, structure or premises may utilize such property for the open storage of abandoned, untagged, or inoperative motor vehicles, iceboxes, refrigerators, stoves, glass, building material, rubbish or similar items. 12-233.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 12-233.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 12-233.4 Grass, Weeds and overgrowth. It shall be the duty of each property owner or household in this city to remove all high grass, weeds or vegetation in excess of twelve (12) inches in height from their property including the portions of the right of ways such as but not limited to streets, alleys, and sidewalks bordering thereon. Trees, bushes, and shrubs must be maintained to avoid overgrowth that may impede, obstruct, or cause a safety hazard. Exceptions: a. Cultivated flowers and gardens are exempt unless it impedes, obstructs, or causes a safety hazard. b. Undeveloped/unimproved parcels of five (5) acres or greater need only maintain the first twenty-five (25) feet of any side abutting any developed or improved parcel and all abutting public right-of-ways including but not limited to any street, highway, sidewalk or alley. 12-233.5 Dead trees, limbs, branches and accumulated landscaping materials. It shall be the responsibility of the owner and or occupant to remove and/or properly dispose of dead and/or downed trees, limbs, branches, bagged or piled grass clippings, bagged or piled leaves and other piles or accumulations of material resulting from landscaping or maintenance of a parcel of land or lots. Stumps resulting from the removal of dead trees will be ground to or below grade level as to prevent a hazardous condition. 12-233.6 Tree Declared Nuisance/ Dangerous. a) Any tree extending over a street, alley, highway, or parking lot shall be trimmed by the property owner, or his authorized agent, on which the tree trunk is located, so as to provide a clear height above the street, alley, highway, or parking lot of not less than fourteen (14) feet. d) In the event that the property owner fails to meet the requirements of this section, then the City may issue a written notice of violation to the property owner giving fifteen (15) days to correct the violation. If the violation is not corrected within the given period of time then the City has the option of correcting the violation at the property owner's expense. 12-233.7 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation. 12-233.8 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 12-233.9 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 12-233.10 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. 12-233.11 Dangerous Conditions - General. It is unlawful for any person to maintain or permit the existence of any condition that is a danger to life, health, or property within the City. Dangerous conditions include, but are not limited to, any unsecured structure, structures in violation of the Florida Building Code, The International Property Maintenance Code, The Uniform Code for the Abatement of Dangerous Buildings, trees in danger of falling, all or in part, unprotected excavations, improper storage of hazardous or toxic materials, any abandoned or stored refrigeration unit, appliance, derelict vehicle, derelict vessel, or other condition that could trap a person, in such a place as to be easily accessible to persons without first having made adequate provisions to prevent entry into such without having removed all latches, catches, locking devices or the door thereof, so that escape from the interior may be had, or otherwise ensure lack of access. 12-233.12 Motor vehicles. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any wrecked, junked, discarded, partially dismantled or non-operable motor vehicle to remain on such property for more than ten (10) days. This section shall not apply to a vehicle in an enclosed building, garage or carport; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise. Painting of vehicles is prohibited unless conducted inside an approved spray booth. |
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2016-08, § 8, 06-21-16; Ord. No. 2018-06, § 9, § 10, § 11, 09-19-18; Ord. No. 2022-35, § 1, 07-19-22) |
| § 12-234. Swimming pools, spas and hot tubs |
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Effective: Tuesday, January 19, 2016
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12-234.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 12-234.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1,219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the poolside of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. EXCEPTION: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. |
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(Ord. No. 2016-02, § 1, 1-19-16) |
| § 12-235. Exterior structure |
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Effective: Tuesday, June 21, 2016
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The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 12-235.1 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 12-235.2 Premises Identification. 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 alphabetic letters. a) Residential property address numbers shall be a minimum of four (4) inches (102 mm) high with a minimum one-half (.5) inch (12.7 mm) stroke width. b) Commercial property address numbers shall be a minimum of six (6) inches (152.4mm)high with a minimum one-half (.5) inch (12.7 mm) stroke width. 12-235.3 Structural members. All structural members shall be maintained free form deterioration, and shall be capable of safely supporting the imposed dead and live loads. 12-235.4 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 12-235.5 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 12-235.6 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 12-235.7 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 12-235.8 Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 12-235.9 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 12-235.10 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 12-235.11 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every exterior flight of stairs shall have handrails and guardrails installed in accordance with Chapter 553, Florida Statutes and applicable portions of the Florida Building Code. 12-235.12 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 12-235.12.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 12-235.12.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 12-235.13 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per one (1) inch (25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. All screens shall be maintained free from open rips, tears, or other defects. Exception: Screens shall not be required where other approved means, such as central air conditioning, air curtains, or insect repellent fans are employed. 12-235.14 Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 12-235.15 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 12-235.16 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 12-235.17 Building security. Doors, windows or hatchways for dwelling units, rooming units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. 12-235.17.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 12-235.17.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 12-235.17.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. |
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2016-08, § 8, 06-21-16)) |
| § 12-236. Interior structure |
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Effective on Tuesday, July 19, 2022
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The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 12-236.1 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 12-236.2 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 12-236.3 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 12-236.4 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every interior flight of stairs shall have handrails and guardrails installed in accordance with Chapter 553, Florida Statutes and applicable portions of the Florida Building Code. 12-236.5 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. 12-236.6 Light and ventilation. a) Minimum light requirements. The owner of the structure shall provide and maintain light in compliance with the following: 1) Common halls and stairways: Every common hall and stairway in residential occupancies, other than in one-family and two-family dwellings, shall be lighted at all times with a least a sixty (60) watt standard incandescent lightbulb for each two hundred (200) square feet of floor area or equivalent illumination, provided that the spacing between lights shall be greater than twenty (20) feet. In other than residential occupancies, means of egress, including exterior means of egress, [and] stairways shall be illuminated at all times that the building space served by the means of egress is occupied with a minimum of one footcandle at floors, landings and treads. 2) Other spaces: All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. b) Minimum ventilation requirements: The owner of the structure shall provide and maintain ventilation in compliance with the following: 1) Bathroom and toilet rooms: Every bathroom and toilet room shall comply with the ventilation requirements of the applicable Florida Building Code or building standards. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 2) Cooking facilities: Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit except when specifically approved in writing by the building official or city fire marshal. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 3) Process ventilation: Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 4) Clothes dryer exhaust: Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instruction. |
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2022-35, § 1, 7-19-22) |
| § 12-237. Rubbish and garbage |
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Effective on Tuesday, July 19, 2022
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12-237.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 12-237.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 12-237.2.1 Appliances, Refrigerators. and other Large Waste. Appliances, Refrigerators, and other large waste not in operation shall not be discarded, abandoned or stored on any premises without first securing or removing the doors. (See also §12-233.11 Dangerous Conditions - General.) 12-237.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 12-237.3.1 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leak-proof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. 12-237.4 Storage and use of garbage and recycling containers. a. Containers shall not be stored on any right of way or upon neighboring property that is not owned or leased by the person accumulating the garbage and trash. b. Garbage and recycling containers shall not be stored or kept at curbside except for the purpose of collection. Containers are to be placed for collection at curbside immediately in front of premises no earlier than the night before scheduled collection day and be removed from curbside no later than the night of collection day. c. Containers shall be kept tightly covered or closed at all times and in such a manner as to protect the contents from wind, weather, flies, insects, rodents and other animals. The area surrounding the container shall be maintained free of garbage, trash and other litter at all times. d. All garbage and trash shall be accumulated for collection and disposal in approved containers designated by the garbage and trash collection service provider. e. Containers shall not be used to accumulate liquids. All garbage, cans and bottles shall be drained of all liquids before being placed in the container. 12-237.5 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. a. No garbage or trash shall be buried or burned upon any property within the city. b. No garbage or trash shall be deposited on any street or alley within the city or into any storm drain, manhole or gutter. c. No garbage or trash shall be deposited on any sidewalk or in any park within the city except in a container provided by the city for the use of persons utilizing said sidewalks and parks. d. No garbage or trash shall be deposited upon any vacant lot or unimproved property within the city. e. No garbage or trash shall be deposited on the property of another person or in the tote, can or dumpster of another person without the permission of that person. If permission is granted, the person granting such permission shall be responsible for payment of charges incurred in collection and disposal. f. Bulk waste. Discarded household furniture, appliances, stoves, washing machines and similar items shall be placed at the curbside or other designated location accessible to the collector vehicle. All lids or doors shall be securely sealed or otherwise prepared to prevent entry and entrapment. Such items shall be removed by the contractor after the owner or occupant of the premises has made arrangements for a special pick up. g. Items not collected or disposed of by the city or the contractor. a) The following items shall not be accepted by the city or the contractor for collection and disposal: 2. Hazardous waste b) All waste materials listed in paragraph (a) shall be separately containerized by the owner or occupant of the premises and shall be collected by a contractor permitted by the applicable regulatory agencies and disposed of in accordance with guidelines promulgated by said agencies. 12-237.6 Disposal of Yard waste. a. Grass cuttings, weeds, leaves and other yard waste shall be placed in cans, bags or bundles. No single item shall exceed fifty (50) pounds in weight. b. Yard waste shall not be mixed with garbage or trash. Yard waste shall be placed in a separate can, bag, or bundle. c. Yard waste shall be placed at the curbside immediately in front of the premises if possible. On streets where no grassy area near the curbside is available for placement of yard waste, the owner or occupant of the premises shall place yard waste adjacent to the driveway but not farther than ten (10) feet from the street. Yard waste shall not be placed in the street. d. No yard waste shall be deposited on any street, alley or park within the city or into any storm drain, manhole or gutter. e. No yard waste shall be burned upon any property within the city. 12-237.7 Dumpster screening. All dumpsters within the city shall be screened by a solid fence, landscaping or enclosure so as to not be visible off site. Location of dumpster shall be approved by the city and the city reserves the right to make approvals, exemptions, restrictions and or set conditions based on safety, lot size, location, collection accessibility, impact, and appearance. Temporary roll off dumpsters on a permitted construction or demolition site are exempt from screening requirements for the term of the permit. 12-237.8 Dumpster and dumpster area maintenance. a. Dumpster shall be kept covered or closed at all times and in such a manner as to protect the contents from wind, weather, flies, insects, rodents and other animals. The area surrounding the dumpster shall be maintained free of garbage, trash and other litter or debris at all times. b. Bulk items such, as furniture, appliances or similar item shall not accumulate for a period longer than ten (10) days. The dumpster service provider must be contacted to schedule pick up of bulk items. c. Required screening and enclosures must be kept and maintained in its original design and to serve its intended purpose. d. Enclosure gates shall be kept closed at all times except for the purpose of collection. e. Dumpsters and enclosures shall be kept unobstructed and easily accessible to service provider truck.
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2016-08, § 9, 06-21-16; Ord. No. 2022-35, § 1, 07-19-22) |
| § 12-238. Pest extermination |
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Effective: Tuesday, June 21, 2016
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12-238.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation. 12-238.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. 12-238.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises. 12-238.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination. 12-238.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
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(Ord. No. 2016-02, § 1, 1-19-16;Ord. No. 2016-08, § 10, 06-21-16) |
| § 12-239. Plumbing facilities and fixture requirements |
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Effective on Tuesday, July 19, 2022
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a. General plumbing requirements. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. b. Plumbing system hazards prohibited. A plumbing system in a structure shall not constitute a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back siphonage, improper installation, deterioration or damage or for similar reasons. c. General water system requirements. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixtures shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Florida Building Code. d. Water supply contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs, or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. e. Water supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. f. Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than one hundred ten (110) degrees Fahrenheit. A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. g. General sanitary drainage system requirements. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. h. Sanitary drainage system maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstruction, leaks, and defects. i. Septic tanks. All septic tanks shall be secured, in compliance with original intent as permitted, in compliance with state regulations and be kept free of openings and defects. j. Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the international Plumbing code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2022-35, § 1, 7-19-22) |
| § 12-240. Storm drainage |
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Effective: Tuesday, January 19, 2016
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Drainage of roofs and paved areas, yards and courts, and other open areas of the premises shall not be discharged in a manner that creates a public nuisance. |
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(Ord. No. 2016-02, § 1, 1-19-16) |
| § 12-241. Mechanical and electrical requirements |
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Effective on Tuesday, July 19, 2022
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a. Heating requirements. Heating facilities shall be provided in structures as required below: 1. Residential occupancies: Dwellings shall be provided with permanently installed heating facilities capable of maintaining a room temperature of sixty-eight (68) degrees Fahrenheit in all habitable rooms, bathrooms and toilet rooms. Cooking appliances or portable units shall not be used to provide space heating to meet the requirements of this section. 2. Nonresidential occupancies: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat capable to maintain a temperature of not less than sixty-eight (68) degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms. 3. Occupiable work spaces: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than sixty-five (65) degrees Fahrenheit. Except in processing, storage, and operation areas that require cooling or special temperature conditions or areas in which persons are primarily engaged in vigorous physical activities. b. Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. c. Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent, except fuel-burning equipment and appliances which are labeled for unvented operation. d. Combustible materials clearance. All required clearances to combustible materials shall be maintained. e. Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. f. Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. g. Energy conservation devices. Devices intended to reduce fuel consumption by attachment to fuel-burning appliances, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved by the building official. h. Electrical equipment installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. i. Luminaries. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, garage, boiler room and furnace room shall contain the required luminaries as required by the applicable Florida Building Code or building standards. j. Electrical system hazards prohibited. Electrical systems in a structure shall not constitute a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lightning outlets, improper wiring or installation, deterioration or damage, or for similar reasons. k. Duct systems. Duct systems shall be maintained free of obstruction and shall be capable of performing the required function. |
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(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2022-35, § 1, 7-19-22) |
| § 12-242. Fire safety requirements |
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Effective: Tuesday, January 19, 2016
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a. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Florida Fire Prevention Code. b. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Florida Building Code. |
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(Ord. No. 2016-02, § 1, 1-19-16) |
| § 12-243. Fire protection systems |
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Effective: Tuesday, January 19, 2016
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a. A person shall not occupy as owner-occupant nor shall let to another for occupancy, any building or structure which is not equipped with adequate fire prevention equipment in accordance with the Florida Fire Prevention Code. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Florida Fire Prevention Code. b. Every dwelling unit shall be provided with an approved listed smoke alarm, installed in accordance with the manufacturer's recommendations and listing. When activated, the device shall provide an audible alarm. |
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(Ord. No. 2016-02, § 1, 1-19-16) |