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Home My WebLink About2008 03 24 Public Hearing 500 Adopting Ordinance 2008-07 to the 2006 International Property Maintenance CodeCOMMISSION AGENDA ITEM 500 March 24.2008 Meeting REQUEST: Consent Informational Public Hearing x Regular ~~~ Mgr. / Att. / Dept. The City Attorney requests that the City Commission consider adopting Ordinance 2008-07 adopting the 2006 International Property Maintenance Code as amended. PURPOSE: The purpose of this item is to adopt Ordinance 2008-07 which proposes to adopt the 2006 International Property Maintenance Code. The purpose of the International Property Maintenance Code is to establish minimum property maintenance standards. APPLICABLE LAW AND PUBLIC POLICY: The Florida Municipal Home Powers Act. 2. Police Powers. 2006 International Property Maintenance Code. CONSIDERATIONS: 1. At a previous City Commission meeting, the City Commission discussed adopting additional property maintenance standards for the City of Winter Springs. 2. During those discussions, the City Attorney advised the City Commission that the International Code Council has promulgated an International Property Maintenance Page 1 of 2 Code which establishes minimum property maintenance standards. The standards are comprehensive in scope. The International Code Council is a membership association dedicated to building safety and fire prevention. The International Code Council develops a variety of model codes designed to protect the health, safety, and welfare of people. The model codes are accepted as authoritative throughout the country by many local governments and the building industry. 3. Rather than attempt to draft property maintenance code standards from scratch, the City Attorney recommends that the Commission consider adopting the model Property Maintenance Code promulgated by the International Code Council. 4. The Building Official, Community Development Director, and Code Enforcement Officer have reviewed the 2006 International Property Maintenance Code and are also recommending the adoption of the Code if the City Commission desires to establish additional minimum property maintenance standards within the City of Winter Springs. 5. The ordinance proposes to adopt the 2006 International Property Maintenance Code in its entirety with several modifications in order to better address the City's current procedures and applicable provisions of State Law including the Florida Building Code and Florida Fire Prevention Code. STAFF RECOMMENDATION: The City Attorney and the City staff members mentioned above recommend passing ordinance 2008-07 on first reading if the City Commission desires to establish additional minimum property maintenance standards throughout the City of Winter Springs and advertising the ordinance for second reading and adoption. ATTACHMENT: 1. General information about the International Code Council. 2. Due to copyright laws, the Mayor and each member of the City Commission are being provided with a bound copy of the 2006 International Property Maintenance Code. COMMISSION ACTION: The City Commission previously discussed adopting additional property maintenance standards within the City of Winter Springs. Page 2 of 2 ORDINANCE NO. 2008-07 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING THE 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED HEREIN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, this Ordinance is also adopted pursuant to the City's general police powers inherent in enforcing minimum standards for the use and maintenance of buildings and property; and WHEREAS, there may exist within the City, from time to time, certain structures used for human habitation which are, or may become in the future, substandard with respect to structure, equipment or maintenance; and WHEREAS, such conditions, together with inadequate provision for light and air, insufficient protection against fire hazards, lack of proper heating, unsanitary conditions and overcrowding constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens of Winter Springs; and WHEREAS, the existence of such conditions will, if not remedied, create slum and blighted areas which could require large-scale clearance, deterioration of social values, a curtailment of investment and tax revenue and thereby an impairment upon economic values; and WHEREAS, the City Commission hereby finds that updating of the City's regulations relating to the adoption of specific property maintenance standards will improve, preserve, maintain, and upgrade the entire City and its neighborhoods to the overall benefit of the City's economic and environmental well being; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER City of Winter Springs Resolution No. 2008-07 Page 1 of 6 SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 6 is hereby amended to add a new Article XIII entitled International Property Maintenance Code as follows (underlined type indicates additions to the Code): Article XIII. International Property Maintenance Code. Sec 6-300 International Property Maintenance Code Adopted. The city hereby adogts in its entirety the 2006 International Property Maintenance Code (herein after referred to as "Maintenance Code"), except as amended as follows: ~a,) Pursuant to section 101.1 of the Maintenance Code: The regulations shall be know as the "Property Maintenance Code of the City of Winter Wirings." (bl Section 101 3 of the Maintenance Code is amended in its entirety to read as follows: Application of other codes Repairs additions or alterations to structure, or changes of occupancX shall be done in accordance with the procedures and provisions of the Florida Building Code Florida Fire Prevention Code Florida Life Safety Code, and the City Code. It is not the intent of the Maintenance Code to affect any of the requirements in the City's zoning code. ~cl Section 102 7 of the Maintenance Code is deleted in its entirety. (d) Section 103 is deleted in its entirety and replaced with the following: The "code official(s~" responsible for enforcing the provisions ofthe Maintenance Code shall be the city's code enforcement officers and the city's building official or such other person deemed qualified by the city manager. ~) Section 106 is deleted in its entirety and replaced with the following: (1) It shall be unlawful for anXperson corporation, or other entity to be in violation of any provision of this Maintenance Code. Violations shall constitute a public nuisance and shall be deemed a strict liability offense. City of Winter Springs Resolution No. 2008-07 Page 2 of 6 ~2) Violations of the Maintenance Code shall be prosecuted b t~ he cit~~any lawful means available including, but not limited to, actions before the code enforcement board, civil code enforcement citation, and by an independent action before a court of law. Penalties and additional city remedies for violations hereof shall be as provided under section 1-15 of the city code. For purposes of a civil citation each violation shall constitute a class IV violation. (31 In the event that a person fails to comply with a notice of violation issued by a code official or order rendered by the code enforcement board, the citesmanager is hereby authorized to take lawful steps including but not limited to instituting~an appropriate proceeding at law or in eauitX to restrain correct or abate such violation or to require removal or termination of the unlawful occunancy of the building in violation of this Maintenance Code. If the city causes the conditions constituting the violation to be immediately remedied, any expenses incurred by the city to remedy the violation including but not limited to contractor and material costs, administrative overhead attorneys fees and other related costs shall be assessed b 1~ ien against the property on which the violation occurs Such assessment liens shall be prior to all other liens on such property excekt the lien of state county and municipal taxes and shall be in parity with the lien of such state county and municipal taxes Such liens when delinquent for more than 30 dam maybe foreclosed b ty he city in the manner provided by law for the foreclosure of mort~a~es. (f) Section 109.5 is deleted in its entirety and shall read as follows: The city manager is authorized to expend funds in the performance of emeraencv repairs under this section If emergency repairs are performed b ty he city an~expenses incurred by the city to make said repairs including but not limited to contractor and material costs, administrative overhead attorneys fees and other related costs shall be assessed by lien against the property on which the emergencyrepairs occurred Such assessment liens shall be prior to all other liens on such property except the lien of state county and municipal taxes and shall be in parity with the lien of such state county and municipal taxes. Such liens when delinquent for more than 30 days, maybe foreclosed >~ the city in the manner provided by law for the foreclosure of mortaaaes. (~) Section 111 is amended is as follows: ~ 1) The code enforcement board shall serve as the board of appeals under the Maintenance Code. (2) Section 11 1.1 is deleted in its entirety and shall read as follows: Any_person directly affected by an administrative decision of the code official shall have the right to appeal to the board of adjustment an interpretation or application of the Maintenance Code by filing a notice of appeal with the code official within twenty (201 days of said interpretation or City of Winter Springs Resolution No. 2008-07 Page 3 of 6 application. However, once a code official or the city has initiated enforcement proceedin sg under the Maintenance Code, a person is barred from bringing an appeal under this section related to the interpretation or application of any.provision of the Maintenance Code which is the subject matter of the enforcement proceeding until such time the enforcement proceeding has been concluded through all appeals. ,~31 Sections 111.2 through 111.7 are deleted in their entirety (4) Section 111.7 shall read as follows: Anyperson aggrieved by a final decision of the code enforcement board serving as the board of appeals under this section shall have the right to appeal said decision to a court of competent jurisdiction. ~h) Section 201.3 is deleted in its entirety and shall read as follows: Where terms are not defined in this code and are defined in the Florida Building Code or Florida Fire and Life Safety Code such terms shall have the meanings ascribed to them as stated in those codes. Section 304 14 is amended to delete the preface in the first sentence, "During the period from [DATE] to [DATEl,". ~j,) Chapter 7 is amended to substitute all references to the "International Fire Code" with the reference to the "Florida Fire Prevention Code." In addition, all references to the "International Building Code" shall be substituted with the reference to the "Florida Building Code." (k) Chapter 8 is deleted in its entirety. 6-301 Supplemental; Minimum Standard. The Maintenance Code shall be deemed supplemental, and in addition to, any other ci code. However to the extent that a conflict exists between the Maintenance Code, and any other city code, the conflicting_nrovision that most protects life and property shall apply. In addition, with respect to any conflicting enforcement~rocedures set forth in the city code, said enforcement procedures shall not be deemed conflicting but rather alternative methods to enforce the applicable cit codes. 6-302 Preemation; Florida Building Code; Florida Fire and Life Safety Code. To the extent that an~provision of the Florida Building Code and Florida Fire Prevention Code conflicts with and preempts an~provision of the Maintenance Code, the Maintenance Code provision which is conflicting and preempted shall not apples City of Winter Springs Resolution No. 2008-07 Page 4 of 6 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS] City of Winter Springs Resolution No. 2008-07 Page 5 of 6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. 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J _ �� _ i _ t _ -- �' _ �- -� . - "� � �. - .- _� ICC Online � New�s and Events � About ICC: Introduction to the ICC Page 1 of 3 !CC � � t + ' � � Search �� . � � & �x#e�e ICC News Releases � Building Safety Journal � Building Safety Bulletin � ePeriodicals � Annual Meeting � Event Calendar About ICC: Introduction to the ICC About ICC lntroduction The International Code Council, a membership association dedicated to building Boar� cf Dlrectors safety and fire prevention, develops the codes used to construct residential and � commercial buildings, including homes and schools. Most U.S. cities, counties and states that adopt codes choose the International Codes developed by the co��c� PolYaes International Code CounciL �090 ��dennes Contents Procedures 4VOrld Ori m ICC Code Develo ment Headquarters 9 p Photo Tour Purpose of ICC ICC Offices and Addresses ICC Publications ICC Board of Directors Services of the ICC Annual Reports Vision, Mission & Values • t :... Vision: Protecting the health, safety, and welfare of people by creating better buildings and safer communities. 1� 1.� � Mission: Providing the highest quality codes, standards, products, and `'� services for all concerned with the safety and performance of the built environment Values: � • ' t t � . Customer value • Integrity and trust . Member-focus ' � � � � • . Professionalism " " � ' . Public service . quality Blueprint to the Future: A Long Term Business Plan for ICC. The ICC Blueprint to the Future is a long term planning activity that will produce the ICC's first long term business plan. Initiated by the Board of Directors and the CEO, the long term business plan will chart the future if of ICC for years to come. Click here to download. � Origin The International Code Council (ICC) was established in 1994 as a nonprofit organization dedicated to developing a single set of comprehensive and coordinated national model construction codes. The founders of the ICC are Building Officials and Code Administrators International, Inc. (BOCA), International Conference of Building http://www.iccsafe.org/news/about/ 3/13/2008 ICC Online � News and Events � About ICC: Introduction to the ICC Page 2 of 3 Officials (ICBO), and Southern Building Code Congress International, Inc. (SBCCI). Since the early part of the last century, these nonprofit organizations developed the three separate sets of model codes used throughout the United States. Although regional code development has been effective and responsive to our country's needs, the time came for a single set of codes. The nation's three model code groups responded by creating the International Code Council and by developing codes without regional limitations the International Codes. Purpose of the ICC There are substantial advantages in combining the efforts of the existing code organizations to produce a single set of codes. Code enforcement officials, architects, engineers, designers and contractors can now work with a consistent set of requirements throughout the United States. Manufacturers can put their efforts into research and development rather than designing to three different sets of standards, and can focus on being more competitive in worldwide markets. Uniform education and certification programs can be used internationally. A single set of codes may encourage states and localities that currently write their own codes or amend the model codes to begin adopting the International Codes without technical amendments. This uniform adoption would lead to consistent code enforcement and higher quality construction. The code organizations can now direct their collective energies toward wider code adoption, better code enforcement and enhanced membership services. All issues and concerns of a regulatory nature now have a single forum for discussion, consideration and resolution. Whether the concern is disaster mitigation, energy conservation, accessibility, innovative technology or fire protection, the ICC provides a single forum for national and international attention and focus to address these concerns. ICC Publications The ICC has developed and made available an impressive inventory of International Codes, including: . International Building Codep . International Energy Conservation Codep . International Code Council Electrical Code Administrative Provisions p . International Existing Building Codep . International Fire Codep . International Fuel Gas Code� . International Mechanical Codep . ICC Performance CodeT"' . International Plumbing Codep . International Private Sewage Disposal Codep . International Property Maintenance Codep . International Residential Codep . International U�ban-Wildland Interface Code'"' . International Zoning Code� All of these codes are comprehensive and coordinated with each other to provide the appropriate package for adoption and use in the 21st Century. Services of the ICC The organizations that comprise the International Code Council offer unmatched technical, educational and informational products and services in support of the International Codes, with more than 250 highly qualified staff members at 16 offices throughout the United States and in Latin America. Some of the products and services readily available to code users include: . Code application assistance . Educational programs . Certification programs http://www.iccsafe.org/news/about/ 3/13/2008