5721-95 O IN-LANCE NO. 5721-9
` ORz.iNA-Ji( a OF THE CITY OF CLEARWA'.T`ER, FLORIDA, RELATING
TO THE ST N7-ARL; HOUSING CODE; AMENDING SECTION 49 . 02 O:
THE CO $E OF ORDINANCES AND SECTION 103 . 2 OF THE STANDARD
HOUSING CODE, 1991 EDITION, RELATING TO I�'NSAF R
RESIDENTIAL BUILDINGS; REPEALING SECTIONS 49 . 04 A.sTD,
49 . 05;, CO;D.E OF ORDINANCES, RELATING TO NOTICES, PUBLIC$
H LARTNGS, AND ACTIONS BY THE CITY COMMISSION AFTER P ?BL:`I."2
HEARINGS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEAR WATER, FLORIDA:
Section 1 . Section 49 . 02 of the Code of Ordinances, City of
Clearwater, Florida, is hereby amended to read as follows ;
S :c. 49. 02 . ie eELdm ents.
The Standard Housing Code, as adapted in section 49 . 01, is
amended as fol caws :
Section. 103 . 2 . 1 of the Stand.ard Housing Code is amens ed to
read as follows ;
103 . 2 . 1 lulisafe Residential Buildings or Structures .
residential buildings or structures used a'.i
such which are unsafe unsanitary unfit for human
h.abitatiola,L or not I provided with adegLiate egress, 21
which gobStitute `' a fire" hazard or are otherwise
dangerous to human life or which in relation to existing
use_consti-tuce' a hazard to safety or health by reason oaL
in deaua.te ma ntepance, dilapidation obsolescence o3L
abandonme 1-- are considered unsafe buildincrs . All suct
unsafe buav3.d3•nays are hereby; declared illegal and` shall b(
abated by d rehabilitation or by demolition in
accordance with Section 47 . 161 of the Code of Ordinances ,
{2) kay building or structure meeting one or more
of the fo lowing descriptions shall be_^xdeemed to
coast t]jt- anunfit or unsafe building and a nuisance ,
a-:d the oLvLner of the building or structure shall be
rewired to tape corrective action suant to thte
,Standard Housing Cade as amended and adopted by the City
(a) _Hav nq a condition dangerous to the healt.hL-
safety or welfare to the occ],Ipants,�passersby or )eerson e
in_ L.gntic:go s areas because of fire , deterioration,
unsanitar,r, conditions,, decay, structural defects.-
imp,Kope�r e=+Li 1 unstable foundation, termites, acts o:
God or ote�r oauses1
Lb, —_ s--.a1 king illumination ventilation, 04:
sanitation gc.j'I j tie; adequate to o:L-_(2tect the health an(4
safety of the occ:upa is gr the -Dublic
4.cam„_ Containing conditions constituting a I'majo:
violation," as defined bv Section 202 of the Standard
iring re air, enforcing official
determines_ahe cost of repair exceeds `50 percent of th;e
value of the building or structure as described i1 _
Section x.:03 . 2 4 herein.-_
Le! Inlaying a condition of unccm, leted repair fo:r,
which a buildin permit was issued, where such repair is
not com-PleE�t�ed in substantial conformity with the appravet
plans and .-S ecifi`cations and the building permit' ha
ems lred, or
v c s c� dit cn eguiic cerr 2:I ec-ive action
where has failed to comply with a notice o:r
notices f11rom the enforcina oofficial ; issued and served La
accordance with Sections 103 .2 . 2 and 103 .2. 3 .
Section 1,03 .2 . 2 of the Standard Housinq Cade is amender
read as foll�aws :®
103 .2 .2 iiotice Recruired; Content of Notice .
Whenever the enforcing official determi
b.For a mincer vi ll.atiort all reces.9, 4Xv p,ermi
shall be secured and the work shall be commenced within
ten calendar days or -L such time as the enfdreiaag
official shall deterLmine> and shall be com-oleted within
0 cater ar days o 3aermit issuance or in such titer
;ex°iod as the enforcing official maw deter�nine�nc--� ; o
exceed 2+2 calendar days following permit issusnce.
JAI State that, if such repairs, reconstructioi�Ll
alterations, removal or demolition are not voluntari:
LY
completed_within the stated time as .set forth in .tf�z�„_e
notice 1�he' enforcin_q official shall institute
approDrii e legal oroceedincrs charcinc� the aroDerty' owner
with a violation
' of this Code
(5) .3tate that the structure may be boarded up f(Mr
aammaximum of 45 calendar days if a defect in the
stpzcture constitutes-a major violation, or otherwise for
a° tr�axi;t�� E of 60' calendar days, after which time the
corn let icai of necessary= repai.�s, ` reconstruction , .
g teratijl)ns , removal, or demolition shall be required.
(3 ; ct�.oi� 103 . 2 . 3 of the Standard Housing Code is amended to
read as folio s>
1.93 . 2 . 3 Service of Notice .
Service of notice shall be as follows
(1) , � Bv_ delivery to the o wner versonall , or I
lea.vinc.T the notice at the usual place of abode of the
o,.-finer with a person of suitable age and discretion, o2
]3zr depositing the not ice in the United States
Post Off ice addressed' to the owner at his or her la:
; nown adcl ess as determined_by the county property tzkx
records, vq:Y th postac;e` prepaid thereon; or
i? -�B yosting and keeping posted for 24 hours -a
o o e notice in .a_conspicuous place on the -premise's
to be repa;Lred.
t :on (a3 . 2 .4 of the Standard Housing Code is amended to
read as follows -
103 . 2 .4 Authority of Enforcing Official .
Upoi
c eterminincx that. a building or structure is a
minor violation constitutircr a nuisance., t_he enforc i
o filial may order the re a x or reconstruction of f-�"
l ea.?dies or struct�ze including es -
hgLyi i a r,ondi.tion > hjLc:�3 also constitutes a nu- sant'e 111
v l txor c> ha code, Iii a. '.case where the condi.ti<
of a building or structure is a Ma- or violation. or where
the cost of repair exceeds 50_percent of the value of tf°,xe
bui' ding or structure the enforcin- official Qs:y order
the T:acatifln� r�pa�r reconstructions,_ d(--molit oyi,
removal,.. of the buildiang or structures in accordance 'with
7j' d the tanda
_1 Se ction 1 o
LTns If tzild ng Abateiment Code .
o theur�ose ofestabli�'x�.in whether the cost of
reaairai a 'buildiror structure exceeds 50 percent of
the rlt_e� of the 'ouilcinc or strctue the value s �� 1
be dete r� fined b an
Do a p -aisal xierfor r4ec1 �thin zee
preced � c twelve mo nths or, if no such a2p2 a—isai is
avaaila "tee the value. shall be determined from the most st
recent assessment roll re ared by the Pinellas : Court
Fr ert�y� cpraiser. 'The `cost of repair of a k uz l ire. or
structure shall `mean the total cost of labors materials
d seyvices`, based on current prices_
Section 105 of the Standard Hous'in Code . relating to
hards"hi1s is deleted.
Section; i. of the Stax?dard r�ousinc���C ode, relating to th.�
Housing ]hoard of Adjustmentand Abpeals is deleted and a neyj
Section L06 is added; to . read as follows
Sectaon� 106 . Appeal of InteK tatjon of Enforcing
off c:i a,l,L Regrind of violations b Munici al Co
Enforc o with
Y9a Loards lDrocedure t
order of
_ urz ciT)al Cc>de ;Enforcer tent Boa rd.
106 .1 s 'eats to BuildinqOFlood Board cif Ad 'u tment
and A� ea.lg..
_ � The buildi�flood board of ad�ustment as
ppealg�_ shall have the authority to provide for
ad-i u s trrn rL t sand apoea.ls to the Standard Hous incr Code, and
hal1 'ye tl�e au hoxity to make the final interzaretatio
of provis-ions of such Code
A notice cif a-D eal must be filed by the person
g2Lpersogs responsible wi th the enforcincofficial within
rat a cif service-,of the notice
3 V C: Lt 1AtACI 4a ar
of � oa.� v znd a_ :�ndardIousn� Code . on
,- Sect *
49 . 011 of this Code cry a form prove ded b the enforcinc
offici3�q 'he
notice shall contain at least_--the
follog _—LC informat ion:
a,. Identification of the building or structure
concern by s�`reet address or legal descripti.on.
b,. tifYinq the legal interest'. of
aL h _a*.)—(L, 1ant in the ro erty.
4
c A statement identifyi, ,the ecific order or
section beingappealed
d. A statement detailincT the issues on which the
a)oellant desires to be :heard.
e. The signature of all. appellants ar.d their
Official mailincr address .
f Aji a_p .cation fee as determined in the fee
schedule. It: appellant is successful the fee will be
refunded.
(3) The f it incx of a notice of appeal shall sugpend
the time regMired to secure necessary building ermits
and take c rlertive action and the time limits fc>�
boarding up the structure, until the board has heard. the
.appeal and rendered a decision.
) A. noi.-4 c:Ae of hearing shall be served persor?all.°
or mailed in the same manner as re .a red for a notice `of
Violation at least 10 calendar days prior to the hearing
date,
earinc[s 'before the board shall be conducted
enerallv in accordance with the provisions of the board
pursuant to.Article II of Chapter 47 and the rules of the
board.
_LjL The decisions of the beard shall. be subject to
iudicia.l review in the circuit court by common law
cert.Lora2:i
L,_v hich must be filed within 30 days of the
board' s decision.
1063 22 _Hearing of Violations by Municipal Code
Bnfprcement Board.
_ As an alternative code enforcement remedy. the
Municipal Code Enforcement Board is hereby authorized to
conduct hearings relatincL to violations of the Standard
HousincT .Code In anv.._case_in which...the Board f inds that
a violation has occurr the Board may order corrective
acti on tc 3 teen by a_date certain which corrective
c�t: on m y_��-clu:de the reioa r, improvement, vacation, or
n a l ion —c-l' the buildinct or structure, and may
otherwise ca2ry out its powers pursuant to Division 9 of
rticle - III'of Chapter 2 of this Cade relate to any
such r .crat ions _
:1 "fin hoax ing nceshall be serviced T) rsonally
or rn .a _Ld =rte required by Section 2 .216 of this Cade at
22A,7t_ s z� c i c r days prior to the hearing date .
5
106 .3 ^Procedure Upon Noncom.Diiance with Order of
the 3:,, ipal Code Enforcement Board.
If he person or persons responsible fail wighin the
e a e �gd to corrcply with the order of the gunic pal
Code F nfor ement Board issued pursuant to the Standard
1-Tou:sinc ^)de , then the City, through the enforc1n�
official,,—is authorized to vacate demo j- , or remove ,
e� ther with City forces or by indeoendent contractor
sub itt _ng. t e lowest and best bid any such structure,
including arci^e,ssory buildinas, without further notice to
the person. persons responsible, at cost to the erson
or persons responsible, the cost of which shall become as
.ion on the_propert until paid..
!0 Deference of Abate.nent in Certain Cases .
In any case where the violator is an owner and
occupant oJI the property, and the violator has applied to
the Ci ° s Community Development office for a loan: to
made the r cLiAsite re airs and has been denied such loan,_
the` _City N guiaaer mar defer abatement of the violation
until such time as the Manacrer may direct
7 Section 107_ of the Standard Housing Code, relating tg M als
is deleted.
Section 20.E of the Standard Housing Code is amended as
follows
°.Abandoned Building" as used in the -Standard ;
Housing Code shall mean a building or structure that is
znoccuxied; deserted by the owner and is left ungecured,
with no efforts being made to secure the building or
st ructu:re
(2) "Abandoned Motor "vehicle', as used in the
Standard Hgusinct scarf shah have the definition provided'
in Section 20 . 32 of theme Code .
Section 308. 3 of the Standard Housing Code is amended to read
as follows:—
308 . 3 V+,ater Closet Lavatory and Bath Facilities
Lt least one flush water closet, lavatory basin, and
bathtub ox-_shower. properly connected to a water and
sewer s st ern and in good working condition, shall be,
suppled fob- each four rooms or maximum of eight aeople,
within a rooming hose: wherever such facilities are
shred. j :Ll such facilities shall be located on the',
floor the�r� serve w tYa,in tine building so as to be
reason b�accessible from a common hall or passageway to,
all persons_sharing such facilities .
6
/
V ,» ca vi 'L- x -Laiidcrtd Housing (2ocLe 1s amended by
adding Subsection 308 . 8 to read: as follows -
308 - 8 . Definitions .
As used in this section, "rooming house" shall r.qean
and include any rooming house, hotel, motel, dormitory,
or �.odging house, The provisions of subsection 308 . 7
of this
code shall apply to every rooming house, hotel.. motel,
dormitory, and lodging house-,-, _e-1-
ts �
"Roctmix,ig house license" means the public lodging
license required, by F.S. § 509 .241, and issued by the
Florida Department of Business Regulation, Division of
Hotels and Restate rants
jjlj Those provisions of the Standard Hous Lng Cade not expressly
amended by t.iis section shall continue in full farce and
effect
;section 2 . Sections 49 . 04 and 49 . 05, Code of Ordinances, are
r 'pea'led.
Section 3 . '!'his ordinance shall take effect immediately upon
adopt _on.
PASSED ON FIRST READING January l9 1.995
PASSED ON SECOND AND FINAL
REArING A-ND ADOPTED February 2 1995
Rata Garvey, Mayor- bm-m ssiolraer
Attest :
lit-11ii-a E. Goudeau, City Clerk
s J
Approved as to form and
legal. sufficiency
0
Pamela Y. Akin, City Attorney
7
icy / T_