HomeMy WebLinkAboutcocc_ordinance_no_05-2019_20190219 1 ORDINANCE NO. 05-2019
2
3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
4 FLORIDA, ADOPTING THE 2018 INTERNATIONAL
5 PROPERTY MAINTENANCE CODE AS AMENDED
6 HEREIN; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS;
8 INCORPORATION INTO THE CODE; SEVERABILITY
9 AND AN EFFECTIVE DATE.
10
11
12 WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law; and
15
16 WHEREAS, this Ordinance is also adopted pursuant to the City's general police powers
17 inherent in enforcing minimum standards for the use and maintenance of buildings and property;
18 and
19
20 WHEREAS,there may exist within the City, from time to time, certain structures used for
21 human habitation which are, or may become in the future, substandard with respect to structure,
22 equipment or maintenance; and
23
24 WHEREAS, such conditions, together with inadequate provision for light and air,
25 insufficient protection against fire hazards, lack of proper heating, unsanitary conditions and
26 overcrowding constitute a menace to the health, safety, morals, welfare and reasonable comfort of
27 the citizens of Cape Canaveral; and
28
29 WHEREAS, the existence of such conditions will, if not remedied, create slum and
30 blighted areas which could require large-scale clearance, deterioration of social values, a
31 curtailment of investment and tax revenue and thereby an impairment upon economic values; and
32
33 WHEREAS,the City Council hereby finds that updating of the City's regulations relating
34 to the adoption of specific property maintenance standards will improve, preserve, maintain and
35 upgrade the entire City and its neighborhoods to the overall benefit of the City's economic and
36 environmental well-being; and
37
38 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
39 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
40 Canaveral.
41
42 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
43 CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
44
45 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
City of Cape Canaveral
Ordinance No.05-2019
Page 1 of 7
1 reference as legislative findings of the City Council of Cape Canaveral.
2
3 Section 2. Code Amendment. The City of Cape Canaveral Code Article IX is
4 hereby amended to include the 2018 International Property Maintenance Code as follows
5 (underlined type indicates additions to the Code):
6
7 Article IX. International Property Maintenance Code.
8
9 Sec. 82-221. International Property Maintenance Code adopted.
10
11 Lal The International Property Maintenance Code, 1998 2018 edition, as published by the
12 International Code Council (hereinafter referred to as the "IPMC" or this "code"), is hereby
13 adopted by reference and incorporated herein as if fully set out. Section 101.1 of the IPMC is
14 amended to state that Section 82.221 of the City Code shall be known as the"International Property
15 Maintenance Code of the City of Cape Canaveral, Florida."
16
17 (b) One or more special magistrates appointed by the city council or city manager shall be
18 authorized to hear and decide appeals pursuant to the section 111 of the IPMC. The primary
19 special magistrate shall be appointed by the city council. However, the city manager shall have
20 the authority to appoint secondary and alternate special magistrates on an as needed basis in
21 situations when the primary special magistrate has a conflict of any kind; is unavailable on account
22 of illness, disability or death; or the city's case load temporarily requires an additional special
23 magistrate to handle cases in a timely manner. Appeal hearings shall be publicly noticed and held
24 within 30 days of filing an appeal or at such other time required by the city manager in order to
25 afford due process or address scheduling conflicts. Special magistrates shall be members of the
26 Florida Bar in good standing for five or more years. Special magistrates must demonstrate
27 satisfactory knowledge of municipal law and the general procedures for enforcement of municipal
28 codes, and must demonstrate a temperament suitable for the exercise of quasi-judicial powers
29 vested in each special magistrate. Consistent with the city code and other applicable law, special
30 magistrates shall also have the power to adopt administrative rules for the efficient conduct of
31 hearings; subpoena alleged violators and witnesses for hearings and said subpoenas shall be served
32 by the county sheriff, a process server, or the city staff; subpoena evidence deemed relevant to
33 hearings; take testimony under oath; assess and order the payment of civil penalties as provided
34 under this code; issue orders having the force of law to command whatever steps are necessary to
35 bring a violation into compliance. Special magistrates shall not be city employees or officers. The
36 city manager shall be responsible for negotiating and executing a contract on behalf of the city
37 with the special magistrate and the special magistrate may be terminated by the city council or city
38 manager,with or without cause, and compensated at a rate to be agreed upon in the contract. The
39 contract will be in a form prepared and approved by the City Attorney.
40 _ •. : .. . • . . --- - . •
41 Board of Adjustmcnt and App als for this article.
42
43 (c) The following sections of the IPMC are hereby revised or deleted as follows:
44
City of Cape Canaveral
Ordinance No. 05-2019
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1 (1) That references to the board of appeals in the IPMC shall refer to and mean the special
2 magistrate appointed pursuant to subsection (b). A special magistrate shall not hear an appeal in
3 which that magistrate has a personal,professional or financial interest or conflict. The city manager
4 shall designate a qualified person to serve as secretary to the special magistratd. The secretary
5 shall provide administrative assistance for, and maintain a detailed record of, all proceedings of
6 the special magistrate. Further, sections 111.2, 111.2.1, 111.2.2, 111.2.5 and 111.3 of the IPMC
7 are hereby deleted.
8
9 (2) Section 102.1, entitled General, is hereby replaced in its entirety as follows:
10
11 Where there is,a conflict between a general requirement and a specific requirement, the specific
12 requirement shall govern. Where differences occur between provisions of this code and the
13 referenced standards, the provisions of this code shall apply. Where, in a specific case, different
14 sections of this code specify different requirements or specify different requirements set forth in
15 other applicable provisions of the city code, the most restrictive requirement shall govern.
16
17 (3) Section 102.3, entitled Application of other codes, is hereby replaced in its entirety as
18 follows:
19
20 Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in
21 accordance with the procedures and provisions of the City Code, Florida Building Code, Florida
22 Fire Prevention Code and other codes adopted by the city. and such codes shall apply, when
23 deemed applicable by the code official, in lieu of any international or national code referenced in
24 the IPMC. Nothing in this code shall be construed to cancel,modify or set aside any provision of
25 the Florida Building Code,Florida Fire Prevention Code or other applicable requirements of local,
26 state or federal law. Where terms are not defined in this code and are defined in said other codes,
27 such terms shall have the meanings ascribed to them as stated in those codes. In addition, the
28 code officials are hereby also authorized to rely upon commonly accepted industry standards
29 promulgated by other professional organizations that are used to provide requirements for
30 materials and methods of construction provided such standards do not conflict with or are
31 prohibited by local, state or federal law. -
32
33 (4) Section 102.7, entitled Referenced codes and standards, is hereby deleted in its entirety.
34 Further, Chapter 8 is hereby deleted in its entirety.
35
36 (5) That Sections 103.1, 103.2, 103.3, and 103.5 are hereby deleted. The community
37 development department including the building division and code enforcement division and fire
38 marshal shall be responsible for enforcing this code under the general supervision of the city
39 manager. The community development director,building official,fire marshal,code enforcement
40 officers and such other qualified persons appointed by the city manager shall be deemed code
41 officials under the IPMC.
42
43 (6) That the last sentence in Section 104.3, entitled Right of entry, is hereby revised to read as
44 follows: "If entry is refused or not obtained,the code official shall have recourse to the remedies
45 provided by law to secure entry."
City of Cape Canaveral
Ordinance No.05-2019
Page 3 of 7
1
2 (7) That Section 106.1, entitled Unlawful acts, is hereby replaced in its entirety with the
3 following:
4
5 It shall be unlawful for any person, corporation, or other entity to be in violation of any provision
6 of this IPMC. Violations shall constitute a public nuisance and shall be deemed a strict liability
7 offense.
8
9 (8) That Section 107.3, entitled Method of service, is hereby replaced in its entirety with the
10 following:
11
12 All notices required in the IPMC shall be provided to the alleged violator by certified mail, return
13 receipt requested; by hand delivery by the sheriff or law enforcement officer of the city, code
14 official, or other person designated by the city manager; or by leaving the notice at the violator's
15 usual place of residence with any person residing therein who is above 15 years of age and
16 informing such person of the contents of the notice. In the case of commercial premises, leaving
17 the notice with the manager or other person in charge.
18
19 In addition to providing notice as set forth above,at the option of the special magistrate or the code
20 official, notice may also,be served by publication or posting as follows:
21 -- -
22 1. Such notice shall be published once during each week for four consecutive weeks,with
23 four publications being sufficient, in a newspaper of general circulation in the city. The
24 newspaper shall meet such requirements as are prescribed under Chapter 50, Florida
25 Statutes, for legal and official advertisements.
26
27 2. Proof of publication shall be made as provided in §§ 50.041 and 50.051, Florida
28 Statutes.
29
30 3. In lieu of publication as described in subsection 1. above, such notice may be posted
31 for at least ten days in at least two locations,-one of which shall be the property upon which
32 the violation is alleged to exist and the other of which shall be at city hall. Proof of posting
33 shall be by affidavit of the person posting the notice, which affidavit shall include a copy
34 of the notice posted and the date and places of its posting.
35
36 4. Notice by publication or posting may run concurrently with, or may follow, an attempt
37 to provide notice by hand delivery or by mail as required under this subsection.
38
39 5. Evidence that an attempt has been made to hand deliver or mail notice as provided in
40 this subsection together with proof of publication or posting as provided in this subsection
41 shall be sufficient to show_that the notice requirement, of this part has been met, without
42 regard to whether or not the alleged violator actually received the notice.
43
44 (9) That Section 109.S, entitled Cost of Emergency Repairs, is hereby replaced in its entirety
45 with the following:
City of Cape Canaveral _
Ordinance No. 05-2019
Page 4 of 7
1
2 109.5 Cost of Emergency and other Repairs. The city manager is authorized to expend funds in
3 the performance of emergency repairs and other remedial work required of the city under this code.
4 If emergency repairs or other remedial work is performed by the city, any expenses incurred by
5 the city to make said repairs or perform such work including, but not limited to, contractor and
6 material costs, administrative overhead, attorney's fees, and other related costs shall be subject to
7 reimbursement from the property owner or the person creating the need for the emergency repair
8 or remedial work and the cost incurred by the City may be recovered and the city may impose a
9 lien upon said property for said costs. The lien shall be superior to all other liens or
10 encumbrances, including prior recorded mortgages or judgments and only inferior to liens for
11 taxes. In the event the owner or person creating the need for emergency repairs, fails and refuses
12 to pay or reimburse the City for the costs, then in that event, the City is authorized to foreclose
13 said lien in accordance with the provisions as provided for by law for foreclosure of municipal
14 liens, and the City may recover itsreasonable attorney's fees and costs.
15 •
16 (10) That Section 110.3, entitled Failure-to Comply, is hereby replaced in its entirety with the
17 following:
18
19 110.3 Failure to Comply. If the owner of a premises fails to comply with a demolition order
20 within the time prescribed, the code official shall cause the structure to be demolished and
21 removed, either through an available public agency or through contract, or arrangement with
22 private persons, and the cost of such demolition and removal shall be charged against the real
23 estate from which the structure is located and a lien shall be imposed against said property. The
24 lien shall be superior to all other liens or encumbrances, including prior recorded mortgages or
25 judgments and only inferior to liens for taxes. In the event the City finds it necessary to foreclose
26 said lien,the City is entitled to recover its reasonable attorney's fees and costs for foreclosing said
27 lien and the foreclosure procedure shall be as authorized by law for foreclosure of municipal liens
28
29 (11) That Section 112.4 is revised to require a fine of$500.00 for each day that a person is in
30 violation of a stop work order.
31
32 (12) That Section 201.3 is hereby deleted in its entirety.
33
34 (13) That Section 303.2, entitled Enclosures, is hereby replaced in its entirety with the
35 following:
36
37 Private swimming pools, hot tubs, and spas shall be enclosed in accordance with chapter 515,
38 Florida Statutes, and the Florida Building Code.
39
40 (14) That Section 302.4 weeds is hereby revised to insert in excess of twelve (12) inches.
41 Further,the noxious weeds shall include all plants which are strictly prohibited by Section 102.53
42 of the City Code.
43
44 (15) That Section 304.14 is hereby revised to delete the preface in the first sentence, "During
45 the period from [Date] to [Date],"
City of Cape Canaveral
Ordinance No. 05-2019
Page 5 of 7
1
2 (16) That Sections 602.3 and 602.4 are hereby revised to insert heat supply during the period
3 from November 30th to March 30th.
4
5 (17) That Section 606.1 is hereby replaced in its entirety with the following:
6
7 Elevators,dumbwaiters and escalators shall be maintained in compliance with the Florida Building
8 Code. The most current certificate of inspection shall be on display at all times within the elevator
9 or attached to the escalator or dumbwaiters, be available for public inspection in the office of the
10 building operator or be posted in a publicly conspicuous location approved by the code official.
11 The inspection and tests shall be performed at not less than the periodic intervals listed in the
12 Florida Building Code and Chapter 399, Florida Statutes.
13
14 (d) Nothing contained in this section shall prohibit the city from enforcing its code by any
15 other means including,but not limited to, a summons, an arrest, a notice to appear, civil action for
16 injunctive relief, a stop work order or demolition. The enforcement procedures outlined in this
17 section are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the
18 enforcement of any section of the IPMC.
19
20 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
21 inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior
22 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
23
24 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
25 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
26 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical
27 and like errors may be corrected and additions, alterations and omissions, not affecting the
28 construction or meaning of this Ordinance and the City Code, may be freely made.
29
30 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
31 provision of this ordinance is for any reason held invalid or unconstitutional by any court of
32 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall
33 be deemed a separate, distinct and independent provision, and such holding shall not affect the
34 validity of the remaining portions of this ordinance.
35
36 Section 6. Enforcement and Appeals Pending Appointment of Special Magistrate.
37 Upon the effective date of this Ordinance, code officials may commence enforcement of the 2018
38 edition of the IPMC. However, until such time that a special magistrate is initially appointed in
39 accordance with Section 82-221(b) of the City Code adopted herein,the Code Enforcement Board
40 shall serve in the capacity as the special magistrate for purposes of conducting any appeal hearing
41 required under the 2018 edition of the IPMC.
42
43 Section 7. Effective Date. This Ordinance shall become effective immediately
44 upon adoption by the City Council of the City of Cape Canaveral,Florida, and pursuant to the City
45 Charter.
City of Cape Canaveral
Ordinance No. 05-2019
Page 6 of 7
1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
2 meeting assembled on the 19th day of February, 2019.
3 ,'
5 :-'--,--_,,f-- C y k
67 - ` ���,, Bob Hoog, Mayor
9
10 ATTEST:; ., 4` For Against
12 ',z.41:;,e' t„ _i, a-'' "%� Mike Brown x
s� C nt -` icy ,h.
14 Mia Goforth, CM Robert Hoog x
15 City Clerk
16 Wes Morrison x
17
18 First Hearing: January 15, 2019 Rocky Randels Motion
19 Advertisement: February 7, 2019
20 Second Hearing: February 19, 2019 Angela Raymond second _
21
22
23 Approve�,. :- to legal form and sufficiency
24 for theof Cape Canaveral only by:
25
26 /Ft
27 nt 1 ony A. arganese, City • ttorney
28
City of Cape Canaveral
Ordinance
Ordinance No. 05-2019
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