2887-82
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ORDINANCE NO. 2887-82 3 Y AN ORDINANCE OF THE CITY OF CLEARWATER FLORIDA, t,?:
AMENDING CHAPTER 133, BUILDING CODE, OF TITLE XI, nk' '{;''.=I :ti '
BUILDING AND ZONING REGULATIONS, OF THE CODE OF
ORDINANCES, CITY OF CLEARWATER, BY AMENDING S ;::4> •'
SECTION 133. OZ, STANDARD BUILDING CODE--AMEND- a
MENTS, TO REPEAL THE AMENDMENTS AS TO SECTION
103, 4, UNSAFE BUILDINGS, STANDARD BUILDING CODE;
PROVIDING FOR ENACTMENT OF NEW AMENDMENTS TO §
SAID SECTION 103. 4, UNSAFE ;BUILDINGS, OF THE STANDARD
BUILDING CODE, 1982 EDITION, TO ESTABLISH PROCEDURE
FOR REPAIR OR DEMOLITION OF UNSAFE BUILDINGS AS
DEFINED; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO-
ViDING FOR THE SEPARABILITY OF THE PROVISIONS ? .?.??,??s????.?-?•;:??f?4????""-i"a ...
HEREOF; PROVIDING FOR PROPER NOTICE OF PROPOSED r#•;,j";,=?;?t ', ,•-. "'', }
ENACTMENT; AND PROVIDING FOR THE EFFECTIVE '`?::'+, ?.% tiffs; • '
DATE OF THIS ORDINANCE
WHEREAS, the Local Government Comprehensive Planning Act
y, IF
(LGCPA) requires that all development regulations and amendments thereto
related to an adopted comprehensive plan or element thereof be reviewed
by the Local Planning Agency (LPA) for conformance with plans adopted
,
pursuant to the LGCPA; and '
WHEREAS, the Pinellas County Planning Council (PCPC) has been
: Id s.
designated the Local Planning Agency for Pinellas County and the PCPC
has adopted guidelines with reference to each required referral process; and
WHEREAS, this Ordinance has been referred to and considered by
the PCPC under said process; *,.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That the amendments as to Section 103.4, Unsafe _ .;
buildings, Standard Building Code, in Section 133. 02, Standara 'gilding
Code;--Amendments, of Chapter 133, Building Code, Title XI, Building and
Zoning Regulations, of the Code of Ordinances, City of Clearwater, are
hereby repealed in their entirety.
Section 2. That Section 133. 02, Standard Building Cade--Amend-
meets, of Chapter 133, Building Code, Title XI, Building and Zoning
Regulations, of the Code of Ordinances, City of Clearwater, is hereby
amended to enact new amendments to Section 103.4, Standard Building
Code, to read as follows:
Ord 2887821
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Sec, 133, 02, Standard Building Code--Amendments.
The Standard Building Code, 1982 Edition, as adopted by
section 133.01, is amended and changed in the following respects:
Section 103.4, Unsafe buildings, is amended as follows:
General: The Building Official shall inspect or cause to be
inspected any building, structure or portion thereof which
is or may be unsafe or unfit.
(a) Unfit or unsafe dwellings or structures, commercial or
otherwise:
When a dwelling or other structure or any portion thereof,
including accessory buildings, is found unsafe or unfit for
human habitation or may imperil the health, safety, and
welfare of the occupants thereof, or of the surrounding
areas, upon inspection by the Building Official or his designee,
he shall require the repair, securing, demolition, or removal
thereof. The term "unfit or unsafe dwelling or structure
or portion thereof, including accessory buildings", shall
include dwellings or structures or portions thereof,
including accessory buildings, that are structurally unsafe,
unstable, unsanitary, inadequately provided with exist
facilities, ,not provided with permanent means of adequately
securing all openings against unauthorized entry, constituting
a fire hazard, unsuitable or improper for the use or occupancy
for which they are intended, constituting a hazard to health
or safety because of inadequate maintenance, dilapidation,
obsolescence or abandonment, dangerous to life or property
or otherwise in violation of the Housing Code, Standard
Building Code, the National Electric Code, the Standard
Plumbing Code, the Standard Mechanical Code, the Gas
Code, or NFPA Pamphlet 101, and such structures are further
declared a nuisance or unsafe dwelling or structure.
For purposes of this section, the term "abandoned" shall mean
a dilapidated, deteriorated, or decayed building or structure
that is vacant and unsecured. The terms "dilapidated and
deteriorated or decayed" shall mean structures, dwellings,
dwelling units, multiple dwellings, apartments, or apartment
houses, including garages, sheds and similar accessory
structures and fences, which, by reason of inadequate main-
tenance, obsolescence or abandonment are unsafe or
unsanitary or which constitute a fire hazard or are otherwise
dangerous to human life or property or are no longer
adequate for the purposes for which they were originally
intended. All such unsafe or unfit dwellings or structures
as defined herein, commercial or otherwise, shall be abated
by repair and rehabilitation or by demolition in accordance with
the following procedure:
(1) Whenever the Building Official or his designee shall
find any dwelling, building or structure or portion thereof
to be unfit or unsafe, as defined in this section, or which
constitutes a nuisance as set out herein, he shall issue a
Notice of Violation pursuant to Section 22.64 of the City of
Clearwater Code of Ordinances, and in accordance with the
established procedure for legal notices, give the owner,
agent, or person in control of such building, dwelling or
structure written notice stating the defects thereof. This
Or"28A7_sz* 3/3/83
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notice shall require the owner to obtain a permit and
commence improving or repairing the defects within
ten (10) days and to complete
the improvements and repairs-within twenty (20) dayo
of the issuance of a permit, and further if the owner fails
to commence improving or repairing the premises within
the stated time, then the building or structure should
begin to be demolished or removed, together with the
debris therefrom, within twenty (20) days of the date of
the permit.
(2) The Building Official shall order the vacation, demolition,
removal or securing of any unfit or unsafe dwelling or
structure, including accessory buildings, as herein defined,
or may order the repair, restoration, or replacement of
any part or parts of any structure, including accessory
buildings, in the City when any such part or parts is
found to be by reason of fire, age, decay, deterioration,
structural defects, improper design, unstable foundation,
termites, or by Acts of God, and affording the opportunity
of being nuisances to the public or a haven for vagrants,
criminals or immoral persons, or other causes, unsafe or
dangerous to the occupants thereof or to surrounding
buildings and the occupants thereof or a menace to public
health, a fire hazard or so unsafe as to endanger life or
property or render the use of the public streets dangerous.
In default of the owner or other parties in interest repairing,
restoring or demolishing, removing, securing or replacing
such part or parts of such dwelling or structure, including
aeoe.esory buildings, within the specified time or such other
reasonable time fixed in such order issued under paragraph
(1) above, the Building Official may order vacation of the
premises and proceed under paragraphs (8) through (11)
of this section.
No vacant and secured unfit or unsafe dwelling, structure
or building or portion thereof, including accessory buildings,
shall remain unfit or unsafe for a period longer than 180
days. After such 180-day period, the owner or legal
agent or other person responsible shall either rehabilitate
the dwelling, structure or building or portion thereof,
including accessory buildings, and make it fit for human
habitation or for commercial or other legal authorized
use or shall demolish and remove same. If such rehabili-
tation or demolition is not commenced within ten (10) days
following such 180-day period, the Building Official may
undertake to have the dwelling, structure or building or
portions thereof, including accessory buildings, demolished
and the costs incurred charged to the owner of the premises
and collected in the manner provided in paragraphs (10)
through (13) of this section.
(3) Any person receiving written notice from the Building
Official or his designee of an unsafe building may within
ten (10) days following the date of such notice enter an
appeal in writing to the Building Board of Adjustments
and Appeals. Such appeal shall state the location of the
property, and the date of the notice. The appellant must
state the variance or modification requested and the reason
therefor, and the hardship or condition upon which the
appeal is made.
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Ord .-2887.-82
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(4) In case the owner, agent, or person in control cannot '
be found within the stated time limit, or if such owner, agent, k,
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or person in control shall fail, neglect, or refuse to comply l
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with notice to repair, rehabilitate, or to demolish and ?
remove said building or structure or portion thereof, the
Building Official, after having ascertained the cost, shall
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cause such building or structure or portion thereof, to
be demolished, secured, or required to remain vacant.
(5) The decision of the Building Official shall be final in
cases of emergency which, in his opinion, involve imminent
danger to human life or health. He shall promptly cause .
such building, structure, or portion thereof to be,made r,.' '' . •_
safe or cause its removal. For this purpose he may at once
enter such structure or land on which it stands, or abutting
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land or structures, with such assistance and at such cost
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adjacent structures and may require the protection of the
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public by appropriate fence or such other means as may be ;JlEsy4Y +
necessary and for this purpose may close a public or ?
private way.
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(6) Costs incurred under paragraphs 103. 4 (a) 4 and
103.4 (a) 5 shall be charged to the owner of the premises
involved and shall be collected in the manner provided by
law.
(7) If the occupant or the owner of a building fails to
comply with the written notice of the building director to
repair, alter or improve, or to vacate or close a building,
or to remove or demolish the dwelling, structure or building
in accordance with the terms thereof, or allows a vacant '
and secured unfit or unsafe dwelling, structure or building
or portion thereof to remain beyond 180 days and does not
commence rehabilitation or demolition within ten (10) days
of such 180-day period, or fails to comply with the decision
of the Building Board of Adjustments and Appeals if the
decision of the building director is appealed to the Board,
then written notice of the failure shall be furnished by the
building director to the Clearwater Municipal Code
Enforcement Board.
(8) If the owner fails to comply with notice of the Building
Official to repair, vacate, secure or demolish, he shall
be subject to action by the Municipal Code Enforcement
Board, as provided in Sections 22.60--22. 70 of the Code
of the City of Clearwater. The Board may order the owner
to repair, vacate, secure or demolish an unsafe or unfit
building, dwelling or structure within such time and under
such conditions as the Board determines to be necessary.
The decision to either repair, vacate, secure or demolish
shall be that of the Board. The owner is responsible for
all expenses incurred for the repair or demolition.
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Should the owner fail to repair, vacate, secure or
demolish as ordered by the Board, he shall be subject to
fines and his real property, upon which the unsafe building
exists, shall be subject to a lien as provided in Section
22.67 of the Code of the City of Clearwater.
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In cases of imminent peril to the occupants or public safety,
the Building Official may enter a building and order the,
vacation of adjacent structures and may secure the area or
building by such means as fencing and closing of public or
private ways or boarding up the structure.
Ord 2887-82
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(4) If any owner,, person, organization, society,
association or corporation or any agent or representative
thereof is in violation of the order of the Code Enforcement
Board for more than thirty (30) days the Building Official
may then inform the city manager of this failure to comply.
(10) Thereafter the city manager shall schedule a public hearing
thereon before the city commission and shall cause notice
of the public hearing to be given by publication in some
newspaper published in the City, once a week for at least
two (Z) weeks, the first publication to be at least ten (10)
days prior to the hearing provided therein, and shall also
mail a notice of the scheduled public hearing by certified
mail, return receipt requested, to the occupant at the street
address of the property and to the owner of the property,
addressed as indicated on the current tax roll of the county.
Such notice shall require all persons interested to show
cause why the occupant or the owner or both should not
comply with the order of the Building Official or the decision
of the board of adjustments and appeals,
(11) If at the public hearing designated in the notice no objections
are filed or presented, or if objections filed or presented
shall be deemed insufficient by the city commission, it
shall then by resolution order that said repairs, alteration
or improvement, or vacation or securing of the building,
or the removal or demolition of the building or dwelling,
be completed by the occupant or owner thereof within
thirty (30) days after the passage and adoption of the
resolution. If the occupant or owner of the property fails
to comply with said resolution in accordance with the terms
thereof, the city commission shall cause the correction,
repair, alteration or improvement, or vacation or securing
of said building, dwelling or structure, or the removal or
demolition of said building or dwelling, to be done in
accordance with the requirements of the Standard Building
Code and shall charge upon those benefittsd thereby such
special assessment of the necessary costs incurred as may
be determined by the city commission and provided that such
assessment he a lien upon the real estate improved.
(12) The city commission as soon, ae practicable after the
assessment against the real estate improved is made, shall
issue a certificate of indebtedness against the property
assessed for the amount of the assessment, which certificate
shall contain a description of the land, the amount of the
assessment and a statement of the general nature of the
improvement for which the assessment is made, which
certificate shall constitute and be a prior lien to all other
liens except the lien for taxes. A notice of lien setting forth
the information shall be filed against the assessed property
in the public records of Pinellas County, Florida. The
certificate shall be payable to bearer in not exceeding ten
(10) equal annual installments, with interest at a rate not
greater than eight (8) per cent per annum, payable annually
and the payment of the certificate, with interest as specified,
shall be guaranteed by the City of Clearwater, and in case of
nonpayment of annual interest; or the principal at maturity,
by the property owner, then the same shall be redeemed by
the city at the option of the holder of such certificate; but
such redemption by the city shall not discharge the lien of
such assessment or certificate against the assessed property.
The certificate when issued shall be turned over to the city
treasurer, who, when so ordered to do by the city commission,
shall sell or dispose of the same in such manner as may be
provided by the city commission, in payment for such work
or improvement, or for cash.
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'Ord 2887-B2 3/3/83
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(13) If the certificate of indebtedness or the annual installments
of interest or principal are not paid when due, the city
or the holder of such certificate shall have the option to
declare the whole of such certificate immediately due and
payable, and may institute suit thereon or foreclose the
same. In cases where suits are instituted, the city or
the holder of such certificate shall be entitled to all costs
of collection, including a reasonable attorney's fee, and
the same shall be a lien of equal dignity against the property
against which the said certificate is issued.
103.4-1. FORM OF NOTICE
(a)' The Building Official shall prepare and issue a notice of
unsafe or unfit building, dwelling or structure directed to
the owner of record of the building, dwelling or structure.
The notice shall contain, but not be limited to, the following
information:
(1) The street address and legal description of the building,
structure or premises.
(2) A statement indicating the building, dwelling or structure
or portion thereof has been declared unfit or unsafe by the
Building Official, and a detailed report documenting the
conditions determined to have rendered the building, dwelling
or structure or portion thereof unsafe or unfit under the
provisions of the City Code.
(3) The action required to be taken as determined by the
Building Official:
(i) If the building, dwelling or structure is to be repaired,
the notice shall require that all necessary permits be
secured and the work commenced within ten (10) days
and that the building must be secured within thirty (30)
days, and the work continued to completion within such
time as the Building Official determines but not later than
one hundred eighty (180) days from the issuance of the
permit. The notice shall also indicate the degree to
which repairs must comply with the provisions of the
Standard Building Code, in accordaince with Section
101.4.
(ii) If the building or structure is to be demolished, the
notice shall indicate the time within which vacation
is to be completed.
(iii) If the building or structure is to be demolished, the
notice shall require that the premises be vacated within
five (5) days, that all required permits for demolition
be secured within ten (10) days, and that the demolition
be completed within such time as determined reasonable
by the Building Official but not later than twenty (20) days
from the issuance of a demolition permit.
(4) A statement advising that if the required action is not
commenced within or completed by the time specified,
the building will be ordered vacated and posted to prevent
further occupancy until the work is completed and the Building
Official may cause the work to be done and all costs incurred
against the property or the owner of record.
.-,frd ' 2887-82
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(5) A statement advising that any person having any legal
interest in they property may appeal the notice by the
Building Official to the board of adjustments and appeals;
and that ouch appeal shall be in writing in the form specified
in Section 112. 1 and shall be filed with the Building Official
within ten (10) days from the date of the notice and that
failure to appeal in the time specified will constitute a
waiver of all rights to an administrative hearing,
(b) The Building Official shall be responsible for the service of
any notice, order or order of condemnation, required by this
section. To that end he shall see to it that any notice, order
or order of condemnation is delivered to the interested parties
by personally delivering a copy thereof to the party to be notified,
or by leaving such copy at his usual place of abode with some
person of the family above 15 years of age and informing such
person of the contents thereof, or by either registered or
certified United States mail with return receipt requested, or
if the name of any such party or his place of residence or his
post office address cannot be ascertained after diligent search,
or in the event a notice or order is sent by either registered
or certified mail shall be returned undelivered and the person
to be notified is not residing within the City, by publishing a
copy thereof two (Z) times in a newspaper of general circulation
within the City and, if the name of such party is known, by mailing
a copy thereof to his last known address. A copy of such notice
or order shall be posted in a conspicuous place at City Hall and
upon such dwelling or structure.
Section 3. The City of Clearwater does hereby certify that the
measures contained in this ordinance are consistent and in conformance
with the City's Comprehensive Plan and individual elements thereof adopted
pursuant to the LGCPA and directs that same be forwarded to the LPA for
their receipt and appropriate action.
Section 4. Should any part or provision of this ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of the ordinance as a whole, or any part thereof other than the
part declared to be invalid.
Section 5. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 6. Notice of the proposed enactment of this ordinance has been
properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutea.
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Section 7, The provisions of this ordinance shall take effect.
immediately upon its passage,
PASSED ON FIRST READING February 17, 1983
PASSED ON SECOND AND FINAL
is READING AND ADOPTED March 3, 1983
AS AMENDED
Att It
City Clerk
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Ord 2887=82 .3/3/83
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