5486-93•
ORDINANCE NO. 5486-93
•
AN ORDINANCE OF THE CITY OF CLEARWATER RELATING TO
BUILDINGS AND BUILDING REGULATIONS; AMENDING SECTION
47.161, CODE OF ORDINANCES; AMENDING CERTAIN SECTIONS
OF THE STANDARD UNSAFE BUILDING ABATEMENT CODE RELATING
TO UNSAFE BUILDINGS AND SYSTEMS, TO REDUCE THE TIME
WITHIN WHICH PERMITS SHALL BE OBTAINED AND WORK
COMMENCED FOLLOWING NOTICE OF AN UNSAFE BUILDING OR
SYSTEM; TO REQUIRE THAT NECESSARY REPAIRS, SECURITY, OR
DEMOLITION BE COMPLETED WITHIN TWENTY DAYS FOLLOWING
ISSUANCE OF THE PERMIT FOR SUCH WORK; TO PROVIDE FOR THE
IMMEDIATE VACATION OF AN OCCUPIED BUILDING OR STRUCTURE
WHICH CONSTITUTES AN IMMEDIATE HAZARD TO LIFE OR TO THE
SAFETY OF THE OCCUPANTS AND THE PUBLIC; TO LIMIT THE
TIME IN WHICH A BUILDING OR STRUCTURE MAY BE SECURED OR
BOARDED UP; TO PROVIDE FOR NOTICES AND APPEALS; AND TO
PROVIDE FOR ENFORCEMENT BY THE MUNICIPAL CODE
ENFORCEMENT BOARD; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section L. Section 47.161, Code of Ordinances, is amended to read:
Sec. 47.161. Declared illegal; amendments to standard code. .
(1) All buildings, structures, or electrical, gas, mechanical or plumbing
systems which are unsafe or unsanitary, or which do not provide adequate egress,
or which constitute a fire hazard, or which are otherwise dangerous to human
life, or which, iA Felat4~" to ex4sting 5le constitute a hazard to safety or
health, are considered unsafe buildings, structures or service systems and are
hereby declared illegal. All such unsafe building- structures or service systems
effd shall be abated by repair and rehabilitation or by demolition in accordance
with the provisions of the Standard Unsafe Building Abatement Code,, adopted in
section 47.051 of this Code of Ordinances, with the following amendments:
Section 105. Section 105 is amended to read in its entirety:
105. Board of ad ju stmerit and appeals. The building/flood board of
adjtstment and appeals shall have the authority to provide for
adjustments and appeals to the Standard for Unsafe Building
Abatement Code, and shall have the authority to make the final
interpretation of provisions of such code. This section shall not
be construed as deorivina the Municipal Code Enforcement Board of
its authority to conduct hearings _relatinq to violations of the
Standard Unsafe Building-Abatement code or to car, out its powers
pursuant to Division 9 of Article III of Chapter 2_.of the Code of
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Section 302.1.1, paragraph 3.1. Paragraph 3.1 of section 302.1.1 is amended to
read:
3.1. If the building or structure is to be repaired or secured, the
notice shall require that all necessary permits be secured and the
work commenced within seven calendar days following service of
notice er 4n-5uch-4me-as Bete-And ?ilding eff4eial, and
that the work be completed within 20 calendar days following
issuance of the permit or in sueh time as the bw4ld4ng effie4-a-?
deter" . The notice shall also indicate the degree to which the
repairs must comply with the provisions of the Standard Building
Code, in accordance with section 101.4 of this Standard Unsafe
Building Abatement Code.
Section 302.1.1, paragraph 3.3. Paragraph 3.3 of section 302.1.1 is amended to
read:
3.3. If the building or structure is to be demolished, the notice
shall require that the premises be vacated within 30 calendar days
fol lowi_nq service_ of notice, or immediately followinq service of
constitutes
occupants and the public. shorter tome -as deter-mined by the building
official and The notice shall also require that all required
permits for demolition be secured and the work commenced within
seven calendar days following service of notice, and that the
demolition be completed ' ith4n sueh tome as determined reason ale by
the wilding effieia , but within no longer than 20 calendar days
following issuance of the permit.
Section 302.1.1, paragraph 4. Paragraph 4 of section 302.1.1 is amended to read:
4. A statement advising that any person having any legal or
equitable interest in the property may appeal the notice by the
building official to the building/flood board of adjustment and
appeals; that such appeal shall be in writing in the form specified
in section 401 of this Standard Unsafe Building Abatement Code and
shall be filed with the building official within seven t-ei+ calendar
days following service fpem the of the notice; that upon a
a final order and no additional notice shall be required or
provided, and that failure to appeal in the time specified will
constitute a waiver of all rights to an administrative hearing.
Section 303'. Section 303 is amended to read in its entirety:
303. Standards For Compliance. The following action shall be taken
by the building official when ordering the repair, vacation or
demolition of an unsafe building or structure:
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1. The building shall be ordered repaired in accordance with the
Standard Building Code or demolished at the option of the owner.
2. If the building or structure constitutes posesr an immediate
hazard to life or to the safety of the }public:
a. The building official shall order the building or
structure shall be ardered vacated immediately; and
b. The building official shall cause the building or
structure to be made safe. If the cost to repair is more
than 50 percent of the value of that building or
structure, the building official shall order the
building or structure demolished.
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Section 441.1. Section 401.1 is amended to read in its entirety:
401.1. Right of Appeal--Filing.
Any person entitled to service in accordance with the provisions of
chapter 3 of this Standard Unsafe Building Abatement Code may appeal
any action of the building official under this code to the
building/flood board of adjustment and appeals. Such appeal must be 3
filed in writing with the building official within seven t-e*
calendar days from the date of service on a form provided by the
building official containing at least the following information:
1. Identification of the building or structure n^e by street
address or legal description.
2. A statement identifying the legal or a uitable interest of each
appellant.
3. A statement identifying the specific order of t_he_ building
official or section of the code being appealed.
4. A statement detailing the issues on which the appellant desires
to be heard.
5. The -legaA signature of all appellants and their eff4eiak mailing
addresses.
6. An application fee as determined in the fee schedule. If
appellant is successful, the fee will be refunded.
Chapter 5. Chapter 5 is amended to read in its entirety:
501.2 601.-2-? The hearing notice shall be served personally or
mailed as required by section 302.1.3 of this Standard Unsafe
Building Abatement Code at least seven -te* calendar days prior to
the hearing date.
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502 iG&r Judicial review. The decision of the building/flood board
of adjustment and appeals shall be subject to judicial review in the
circuit court by common law certiorari.
(2) Those provisions of the Standard Unsafe Building Abatement Code not
expressly amended by this section 47.161 shall continue in full force and effect.
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Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
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PASSED ON SECOND AND FINAL.
READING AND ADOPTED
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Attest:
CynthJ4 E. Gou eau
City erk
F
October 21, 1993
Mayor-Commissioner / f
Approved as to Form and Correctness:
/? , rte,
M.A. Galbraith, J
City Attorney
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November 8, 1993