Loading...
HomeMy WebLinkAbout2008 04 14 Public Hearing 508 Adopting Ordinance 2008-07 on Second and Final Reading-2006 Internation Property Maintenance Code COMMISSION AGENDA ITEM 508 Consent Informational Public Hearing X Regular April 14.2008 Meeting ~ "3/(j6Jo? Mgr. / Att. / Dept. REQUEST: The City Attorney requests that the City Commission consider adopting Ordinance 2008-07 on second and final reading which adopts 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 ofthe International Property Maintenance Code is to establish minimum property maintenance standards. APPLICABLE LAW AND PUBLIC POLICY: 1. The Florida Municipal Home Powers Act. 2. Police Powers. 3. 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. Page 1 of 3 2. During those discussions, the City Attorney advised the City Commission that the International Code Council has promulgated an International Property Maintenance 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 adopting ordinance 2008-07 on second and final reading ifthe City Commission desires to establish additional minimum property maintenance standards throughout the City of Winter Springs. 1. General information about the International Code Council. A TT ACHMENT: 2. Due to copyright laws, the Mayor and each member ofthe City Commission has been provided with a bound copy of the 2006 International Property Maintenance Code. A copy is also on file with the City Clerk for the public's review. COMMISSION ACTION: 1. The City Commission previously discussed adopting additional property maintenance standards within the City of Winter Springs. Page 2 of 3 2. The City Commission passed ordinance 2008-07 on First Reading on March 24, 2008. Page 3 of 3 I I ORDINANCE 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 S 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 provlslOn for light and air, insufficient protection against tire 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 environment~l 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 Page 1 of6 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 (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 changes 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 following: (1) It shall be unlawful for any person. 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 Ordinance No. 2008-07 Page 2 of6 (2) Violations of the Maintenance Code shall be prosecuted by the city by 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. (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 equity 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. 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 by lien against the property 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 davs. mav be foreclosed by the city in the manner provided by law for the foreclosure of mortgal2:es. (n 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 city. any expenses incurred bv 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 emergency 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 days. may be foreclosed by the city in the manner provided bv law for the foreclosure of mortgages. (g) Section III is amended is as follows: Code. (1) The code enforcement board shall serve as the board of appeals under the Maintenance (2) Section 111.1 is deleted in its entirety and shall read as follows: Anv person directly affected by an administrative decision of the code official shall have the right to appeal to the board ofadiustment an interpretation or application of the Maintenance Code by filing a notice of appeal with the code official within twenty (20) days of said interpretation or City of Winter Springs Ordinance No. 2008-07 Page 3 of6 application. However. once a code official or the city has initiated enforcement proceedings 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 subiect 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 entirety. (4) Section 111.7 shall read as follows: Any person 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. (i) The first sentence of Section 302.4 is amended to insert "ten (l0) 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 April 30." (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 property shall apply. In addition. with respect to any conflicting enforcement procedures set forth in the city code. said enforcement procedures shall not be deemed conflicting. but rather alternative methods to enforce the applicable city codes. City of Winter Springs Ordinance No. 2008-07 Page 4 of6 6-302 Preemption: Florida Building Code: Florida Fire and Life Safety Code. To the extent that any provision of the Florida Building Code and Florida Fire Prevention Code conflicts with and preempts any provision of the Maintenance Code. the Maintenance Code provision 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 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 Ordinance No. 2008-07 Page 5 of6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 14th day of April, 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. 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 Page 6 of6 ORDINANCE 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 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 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 Page 2 of 6 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 Page 3 of 6 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 Page 4 of 6 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 Page 5 of 6 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 Page 6 of 6