HomeMy WebLinkAboutOrdinance No. 18-2005TABLED AT 9/20/2005 REGULAR COUNCIL MEETING
ORDINANCE NO. 18 -2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE,
BUILDINGS AND BUILDING REGULATIONS; ADOPTING
THE 2003 INTERNATIONAL PROPERTY MAINTENANCE
CODE; REPEALING ARTICLE III OF CHAPTER 82,
RELATING TO THE UNSAFE BUILDING ABATEMENT
CODE; 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 Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the International Building Code has undergone revisions which require the
City's Code of Ordinances to be updated; and
WHEREAS, the City Council desires to repeal the City's adoption of the Standard Unsafe
Building Abatement Code; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby fords this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 82, Building and Building Regulations, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and stt ikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 82. It is intended that the text in Chapter 82 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 82. BUILDINGS AND BUILDING REGULATION.
City of Cape Canaveral
Ordinance No. 18 -2005
Page 1 of 3
ARTICLE IX. INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 82 -221. International Property Maintenance Code adopted.
The International Property Maintenance Code, 1-99$ 2003 edition, as published by the
International Code Council, is hereby adopted by reference and incorporated herein as if fully set out.
The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance
Board of Adjustment and Appeals for this article.
Section 3. Code Deletion. Chapter 82, Article III, Unsafe Building Abatement Code, of the
Cape Canaveral Code of Ordinances is hereby repealed in its entirety.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral 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 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 6. Severabl*11*ty. 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 b e deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
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by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
ordinance No. 18-2005
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2005.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
ROCKY RANDELS, Mayor
For
Burt Bruns
Bob Hoog
Jim Morgan
Rocky Randels
Buzz Petsos
City of Cape Canaveral
Ordinance No. 18-2005
Page 3 of 3
Against
A Conceptual Comparison of the
Maintenance Code
2 Probe
to
Ci
of Cape C anaveral Code of Ordinances ddwmr�
-Todd Morley
Building Official
Foreword: The Code of Ordinances co ntains most of the regulations required by the City's Code Enforcement De partment.
]However., the 2003 IPMC (Internaxional Property Maintenance Code) zeroes in on specific aspects of a Code
Enforce ment Official's work. The adoption of this edition would prove to be extremely helpful for the Code
Enforcement Official as well as the Code Enforcement Board.
Notes:
I . In many cases the two codes contemplate the same issue, but approach it differently. These
dl'o ff erences are noted in italics and are e not viewed as conflicts. Rather, they can be vi
ewed as
complimentary enhancements to one a
In a few cases the codes conflict. These differences are underlin and bolded. Conflicts will 26
need to be addressed on a case by case b asis.
3. In some instances, the Code of Ordinances was silent on an issue. These are noted with "Not
addressed ".
4.0 Where bath publications referenced an issue similarly, no entry was created.
This chart is urtended to provide a broad overview of the differences between the two publications. This chart
V
s not meant to be an all - inclusive account., merely a report of apparent differences.
Features of the 2003 International Propeny
Features of the City of Cape Canavernl C ode
Maintenance Code
of Ordinances
Workmanship (102.5). Workmans hip -like quality
Not addressed. HOWeVer the National Electrical Code
required for all repairs, maintenance , alterations
addresses "N0�'�'P for electrical installations. (NEC 110. 12)
and installations.
Identification (104,.5).. Requires Code Ofrcial to
Not addressed
ro er identificarion when ins ecting.
Transfer of ownership (107-95)0 Ii is U nlawful for
Not addressed
the owner who has received a notice of violation
to sell, transfer, mortgage, lease or otherwise
dis pose of the ro erty until resolved.
Unsafe ipment eq (108.1.2). Defines unsafe
References the appearance of specific equipment
equipment. The equip ent may be condemned
(mechanical, automotive)
108.1 .
Structure unfit for human occupancy. (108.1.3).
for subjective judgment when a cProvides ode
official finds that the interior of a s tructure
containsfi*h.
Unlawful Structure (108.1.4). Provides a
definition: A stnccture OCCUP iedby more persons
than this code allows (see RvIPC 404.5), or one
that was erected, altered or occupied contrary to
law. -&-M
Closing of vacant stnicuves. (108.2). Addresses
placarding of vacant and unfit strictures (those
not in danger of structural collapse) to order the
structure closed up so as not to create an attractive
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nuisance. .-M
Prohibited Occupancy (108.5) declares placarded
property unlawful to occupy.
Imminent danger (109.1). Emergency vacation of
premises authority. Code Officio! is authorized to
"order and require the occupants to vacate the
0
prenusiemsforthw*h ".
Code Official may order the Emergency Closing
of Streets. 109-.3
Emergency Repairs of a building or structure
(109.4), The Code Official shall employ the
necessary labor and materials to perform the
re uired work as ecii tlous l as ossible. 6009wepwr-�
Definition of
W orlananlike 2
All vacant structures (residential and commercial)
and land (301.3) shall be maintained in a clean,
safe, secure and sanitary condition so as not to
cause a blighting problem or adversely affect
U Ic health or safetyu
Grading and drainage (302.2) requires all
premises new and n to not collect
staenarrt water. retention areas excl.
Sidewalks and driveways must be maintained
free from h$17ardous conditions (302.3).
Requires clean, sanitary exterior. [34- 96(b)]
Sec. 82 -12 should be scrutinized for clarity
regarding ability to regulate interior cleanliness.
(BWdhngs which are unsanitary are considered unsafe. (82-
12) Unsafe buildings are enforced using the Std. Unsafe
Building A batement Cade adopted by Sec. 82 -56. The
Code Official shall initiate proceedings to repair, vacate or
demoUA. Board action is required for non - voluntary
complinnce, (SUBAC 603)
The building code addresses maximum occupant
load, and structures erected, altered or occupied
contrary to law. However, no clear tool exists to
regulate overcrowding of a residential structure.
Although the ordinance addresses plamding
unsafe structures, vacant and unfit structures are
not addressed.
Sec. 82w.56 references the Std. Unsafe Building
Abatement Code, which provides for Posting of
Notice To Vacate. (SUBAC 303) Subsequent
Board action required for non - voluntary
compit"ance. 603 -- ) ---
Sec. 82 -56 references the Std. Unsafe Building
Abatement Code, which provides for Posting of
Notice To Vacate., (SUBAC 303) Subsequent
Board action required for non - voluntary
i com Hance. (SUBAC 603
Not addressed.
City Manager has authority to expend necessary
emergency funds for work of the city which may
V itally affect the life, health, welfare or
convenience of the citizens ( '221
Not addressed.
Vacant land; Depositing on (34.m39). Weeds and
rank vegetation shall not exceed 12"' [34- 122(b)]
Any commercial or industrial building vacant for
more than 15 days shall be maintained in a
suitable (? manner 34- 98(8)]
Required for new construction. Concurrency
(Ch. 86) and S (Ch. 90)
Generally addressed (sec 34-96): "All parts
t hereof shall be ma int ained in cod re mr..."
Weeds (302.4). References he* ght of growth
Clmrly spelled out in [34- 122(a) (b)]: Weeds and
adopted by local ordinance. Not specified.
rank vegetation shall not exceed 6" on improved
P TO and 12"' unim roved ro ert .
on
e rmination and e1imination of rodent
Exteriors shall be maintained otherwise they
harborage (302.5) interior and exterior.
ish fam a potential harborage or breeding place
for disease- carrying insects, arthropods, am*mals
aapoaeonous snakes.
Discharge of exhaust vents upon abutting property
MIPM
N ot addressed. Howeva-, the FBC Mccharkical Code 501.3
is prohibited. (302.6)
states that the discharge of exhaust vents shall not cause a
Fences and waJ1s ►past be ma intained (302.7).
nuisance.
Generally addressed (sec 3434 -96): "All parts
thereof shall be maintained in good rep&ur, 730
Defacement of property (302.9). It is unlawful to
110- 470(a )(6) requires no "words or symbols" on
damage, mutilate or deface any ext,rior sun rface
fences, walls hedges.
by m arkin Garvin or affiti.
Smnmm ing pools and enclosures must be
Generally addressed (sec 34o&96). "All parts
maintained 303.
thereof shall be maintained in ood r a
t reatment
Protective (04.2 }. Specifically requires
34- 100(a) r efers to repainting of signs.
protection from decay by painting or other
Otherwise, all o r items are generally addressed
the
protective covering or treatment. Peel'ing, fl aking
in sec 34 -96: ILA11 parts thereof shall be
and c hipped paint shall be eliminated and surfaces
maintained in good rep air..."
re at nt ed Protection of metal surfaces.
Premises identification (street address number)
82..m371 Posting and specification of numbers.
(304.3) Letters/numbers must be min. 4" tall and
Letters/numbers must be min. 3" tall and ' /z"
' /z" stroke width.
stroke width_
Exterior and Interior structural members (304.4)
Ordinance adopts the building code which
(305.2). Foundation walls (304.5); Exterior walls
broadly requires that these members be
(304.6); Overhang extensions (304.9); Stairways,
maintained according to the code in effect at the
decks, porches and balco nies (304.10); Chimneys
time of permitting.
and towers (344.1 l); Handrails and guard s
(304.12); Window, skylight and door frames
(304.13); Glazing (304.13.1) Specifically
requires these members to be free from
deterioration and remain capable of performing in
a safe and e ffective manner.
Roofs and drainage (304.7 }. S ecifically re qi ures
Ordinance adopts the building code which
roofs to remain sound, tight and not have de fects
broa&Y requires that roofs be maintained
t hat admit rain. S ystem to remin free from
according to the code in effect at the time of
deterioration. Drainage shall not cause a public
permitting. Sec. 98 -91 r equres all drainage in a V
nuisance,. also see 507
subdivision to be a roved b Y
Openable windows (304.13.2) Requires every
Not addressed.
window, other than fixed w to remain
easily openable and capable of being held open by
window h
Insect screens R fires screens, air
Not
curtains or insect - repelling fans on all outside
4-
openings for certain rooms, based on usage.
Provides for seasonal d if desired.
Doors (304.15) (304.18.1) Requires doors to be
Lock s in the means of egress are addressed in the
maintained and locks to be functional. (specific
building code and the fire code.
exceiAlons for locks in the means of esLvss
IN
Exterior decorative features (304.8). Specifically
Generally addressed in sec 3 parts
featu
requires exterior decorative res to be
thereof shall be maintained in good repw" r..."
maintained and safe.
Building Security (304.18) (304.18.2). Doors,
Not addressed.
windows and hatchways shall provide security.
i.e. locks must function
Interior condition (305). Requires interiors of
Not addressed.
buildt*ngs to be safe, clean and san'It a * --
-
Accumulation of rubbish or garbage, exterior and
Generally referred to in Sec. 34 -96 —the owner
interior (307.1). Requires premises to remain free
shall maintain the exterior in a clean, sanitary
of garba ge
condition.
Rubbish storage facilities (30792'. 1). Requires the
Generally referred to in Sec. 34 -96(d) — property
owner to SUPP1 and use trash containers.
shall be kept free of rLibbish.
Disposal of Tefrigerators and similaz equipment
Not addressed.
307. . Requa"res the doors to e removed., b
a ge faciliti (3073.1). Requires the owner
Not addressed.
of every dwelling to provide a food waste grinder,
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an incinerator unit or a garbage container. Note:
this section indicates that the storage offood
waste in plastic bags (alone) is not allowed The e
bags must be in an opproved arbage container.
Extermination and Infestation (308). Requires
addressed.
i Not
structures infested with nsects or rodents to be
1
extel m inaed by an a Rproved process.
ing purposes (404.4. 1). Requires
Area orseep -
Not addressed.
i nimum sizesforbedrooms based on number of
ersonsoccu E !jgthebedroo - R m.
Water closet accessibility (404.4.3). Requires
Not addressed.
every bedroom to have access to a toilet and sink
without assin throw another bedroom.
- -
Prohibited occupancy (404.4.4). Kitchens and
Not addressed.
1P
non - habitable spaces shall not be used for
Sleeping purposes. Helps lio eliminate
overcrowdin condition; see 409.5 below.
Overcrowding (404.5). Determines maximum
Not addressed.
allowable occupant load as a functon of sleeping *
space provided. (1 person requires 70 s.f., 2 or
more requires 50 s.f. each
Food re arat ion 404.7). Requires kitchens to
Not addressed.
have a working stove, oven, refrigerator and
freezer as well as cabinets,, countertops and
drawers in sufficient uantit .
Required Facilities - Dwelling units (502.1).
Requires a lavatory in close proxi* ity to a water
closet. Kitchen sinks shall not be used as a
substitute.
Elllployeefacilittes (50264 ). Requires every place
of employment to have at least one water closet,
one lavatory and one drinking facility available to
employees.
A drinking facility is defined as:
a drinking fountain, water cooler, bottled water
cooler, or disposable cups next to a sink or water
dispenser. _
Privacy (503.1). Toilet rooms and bathrooms
shall not constitute the only passageway to a ball
or other space or to the exterior. A door and
interior lock shall be provided for common
bathrooms in a muftiple dwelling.
Floor surface (503.4). Requires that floors in all
occupancy clasaffi%cations, other than residential
bathrooms,, have a smooth, hard, nonabsorbent
surface.
Water heucaftng f acilities (505.4). Requires that
water heaters be capable of heating to 110° F.
Storm drainage (507). Requires that storm
drainage shall not cause a public nuisance.
Heat supply (602.3)(602-.4) Requires the owner to
furnish the capability to heat occupied space from
(DATE) to (DATE) to not less than 68° F.
The Florida Plumbing code (adopted in Ch. 82 of
the Ord.) r uire eqs fixtures, but does not regulate
where they may be placed.
The Florida Plumbing code (adopted in Ch. 82 of
dw
the Ord.) r equires these employee facilities to be
provided (in programmed quantities) for certain
conditions:
1. New construction (constructed after Oct.
1
2. When change of use requires, and
3. When old construction is damaged more
than 50 %.
Not specifically addressed, except that:
The Florida Building Code (adopted I*n Ch. 82 of
the Ord.) requires that bathrooms cannot be in the
means of egress. The FL Plumbing Code (310.4)
requires water closets utilized by the public or
employees to occupy separated col part ments.
The Florida Building Code (adopted i"n Ch. 82 of
the Ord.) requires o nly that floors in sanitary
faciIitidesfiorpubftC smmmungpools have such
floors (403.8.3)..
The Standard Housing Code (adopted in Ch. 82 of
the O - currently considered for repeal) requires
a minimum of 120° F.
The Florida Plumbing code (adopted in Ch. 82 of
the Ord.) requires that shower valves shall permit
a max, hot water setting of 120° F. (424.4)
The Florida Plumbing code (adopted in Ch., 82 of
the Ord.) allows storm drainage to discharge onto
flat areas, such as streets. (11012 ).
P is could arguably be a nuisances)
The Florida Building Code (adopted in Ch. 82 of
the Ord.) does not require a minimum
temperwurefor any space. Only requires that
h eating equipment meet efficiency require ments.
MC vs. Ordinances..doc