HomeMy WebLinkAboutOrdinance 2008-07 Property Maintenance CodeORDINANCE NO. 2008-07
AN 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, ifnot 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
Ordinance No. 2008-07
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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 adopts in its entirety the 2006 International Property Maintenance Code a
copy of which is attached hereto as Exhibit "A" (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
Springs."
(b) 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 chap es of
occupancy, 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
( c) 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 of the 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.
(e) Section 106 is deleted in its entirety and replaced with the followinQ•
(1) It shall be unlawful for andperson corporation or other entity to be in violation of anX
provision of this Maintenance Code. Violations shall constitute a public nuisance and shall be
City of Winter Springs
Ordinance No. 2008-07
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deemed a strict liability offense.
(2) Violations of the Maintenance Code shall be prosecuted by the city b ~ 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 N violation
~3) 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 city manager is hereby authorized to
take lawful steps including but not limited to instituting an appropriate proceeding at law or in
~uity to restrain, correct, or abate such violation or to require removal or termination of the
unlawful occupancy of the building in violation of this Maintenance Code If the city causes the
conditions constituting the violation to be immediately remedied an~penses incurred b.. t~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 by lien against the~ro~ert}_on
which the violation occurs. 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 dam maybe foreclosed
by the city in the manner provided by law for the foreclosure of mort a.es
~fl 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 emergency repairs
under this section. If emergency repairs are performed by the cit~any expenses incurred b, try
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 propert~on
which the emer enc}_repairs 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 da.~ may be
foreclosed by the city in the manner provided by law for the foreclosure of mortgages
(g) 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 111.1 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
City of Winter Springs
Ordinance No. 2008-07
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right to appeal to the board of adiustment an interpretation or application of the Maintenance Code
bang a notice of appeal with the code official within twenty (20) days of said interpretation or
application. However, once a code official or the city has initiated enforcement proceedin sunder
the Maintenance Code, a person is barred from bringing an appeal under this section related to the
interpretation or application of andprovision 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.
(3) Sections 111.2 through 111.7 are deleted in their entiretx
(4) Section 111.7 shall read as follows:
Anv person a~~rieved by a final decision of the code enforcement board serving as the board
of appeals under this section shall have the ri hg t~ppeal said decision to a court of competent
iurisdiction.
(hl 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.
(i) The first sentence of Section 302.4 is amended to insert "ten (10 inches "
(i) Section 304.14 is amended to delete the preface in the first sentence "During the period from
[DATE] to [DATE],".
(k) Section 602.3 and 602.4 are amended to add a date range of "October 15 to A np •130 „
(1) 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 "
~m 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 city code
However, to the extent that a conflict exists between the Maintenance Code and anv other city code
the conflicting provision that most protects life and pro~erty shall apply In addition with respect
to anv conflicting enforcement procedures set forth in the city code said enforcement procedures
City of Winter Springs
Ordinance No. 2008-07
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shall not be deemed conflictine but rather alternative methods to enforce the applicable city codes
6-302 Preemption; Florida Building Code• Florida Fire and Life Safety Code
To the extent that anv provision of the Florida Building Code and Florida Fire Prevention
Code conflicts with and preempts anv provision of the Maintenance Code the Maintenance Code
provts~on which is conflicting and preempted shall not apply
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts ofprior 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 maybe
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors maybe 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
Ordinance No. 2008-07
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ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on thel4th day of April, 2008.
ATT ST:
A LORENZO-LUACES
City , Jerk
a ~.'_?-L
JOHN F. BUSH, Mayor ,,~~
~~~}.o.-
APPR ED AS TO LEGAL FORM AND SUFFICIENCY
FO TY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: March 24, 2008
Second Reading: April 14, 2008
Effective Date: April 14, 2008
City of Winter Springs
Ordinance No. 2008-07
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