TITLE XIII:  BUILDING REGULATIONS
Chapter
   13-1.   FLORIDA BUILDING CODE
   13-2.   ALARM SYSTEMS
   13-3.   MOBILITY FEES
   13-4   UNSAFE BULIDING CODE
   13-5   STANDARDS FOR THE UPGRADE AND PRESERVATION OF HISTORIC BUILDINGS
CHAPTER 13-1:  STANDARD BUILDING CODE
Section
General Provisions
   13-1-1   Authority of the Building Official
   13-1-2   Adoption of basic wind speed
   13-1-3   Revocation of permits
   13-1-4   Requirements not covered by code
   13-1-5   Compliance with codes and adherence to site plans; authority for issuance of stop work order
   13-1-6   Proof of construction abutting paved road prerequisite to permit issuance; exceptions, appeals
   13-1-7   Required certification, registration, insurance and surety bond of persons engaged in building industry
   13-1-8   Building to comply with Federal Aviation Administration regulations
   13-1-9   Reserved
   13-1-10   Florida Building Code adopted
   13-1-11   Florida Building Code local amendments
   13-1-12   Adoption of state law
   13-1-13   Reserved
   13-1-14   Residential minimum maintenance
   13-1-15   Commercial minimum maintenance
   13-1-16   Reserved
   13-1-17   Reserved
   13-1-18   Reserved
   13-1-19   Reserved
   13-1-20   Building permit fees
   13-1-21   Mechanical permit fees
   13-1-22   Plumbing permit fees
   13-1-23   Electrical permit fees
Numbering of Buildings
   13-1-30   Numbering required
   13-1-31   System generally
   13-1-32   Space to be allowed for each number; manner of numbering generally
   13-1-33   Display of numbers
   13-1-34   Assignment of numbers; duty of owners
   13-1-35   Design and material of numbers
Cross-reference:
   Mowing and lot clearing, see §§ 9-3-65 et seq.
Statutory reference:
   Building construction standards, see F.S. Ch. 553
   Power of municipality to adopt codes by reference, see F.S. § 165.191
GENERAL PROVISIONS
§ 13-1-1  AUTHORITY OF THE BUILDING OFFICIAL.
   The Building Official or designee is hereby authorized and directed to enforce the provisions of these standards and codes.  The Building Official is furthermore authorized to render interpretations of these standards and codes.
(Ord. 2403, passed 12-18-01)
§ 13-1-2  ADOPTION OF BASIC WIND SPEED.
   The basic wind speed in miles per hour, for the development of wind loads as referenced in Chapter 16 of the Florida Building Code, is hereby determined to be 110 miles per hour throughout the incorporated city limits of Kissimmee.
(Ord. 2403, passed 12-18-01)
§ 13-1-3  REVOCATION OF PERMITS.
   The Building Official, or designee, may revoke a permit or approval issued under these standards, in cases where there has been any false statement or misrepresentation as to the material fact in the application, plans or associated permit submittal materials on which the permit or approval was based. Furthermore, the Building Official may revoke a permit or approval under these standards, upon determination that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the Florida Building Code or related ordinances.
(Ord. 2403, passed 12-18-01)
§ 13-1-4  REQUIREMENTS NOT COVERED BY CODE.
   Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by the Florida Building Code, shall be determined by the Building Official.
(Ord. 2403, passed 12-18-01)
§ 13-1-5  COMPLIANCE WITH CODES AND ADHERENCE TO SITE PLANS; AUTHORITY FOR ISSUANCE OF STOP WORK ORDERS.
   All building and development projects within the city must fully comply, as provided herein, with all building codes and with any other construction codes herein adopted, and shall comply with all requirements contained in the most recently approved site plan, including, but not limited to, requirements concerning building standards, parking, drainage and landscaping. Upon a finding by the City Manager that any material deviation from said codes or site plans exists, the City Manager or his or her designee shall be authorized to issue a stop work order.  Any further construction, land clearing, development or other work undertaken following the issuance of the stop work order shall be unlawful.  Such stop work order shall have the effect of halting construction, development or related activities on the property in question and shall suspend all building, construction, land clearing or other permits which have been issued by the city.  The stop work order shall be in a form authorized by the Building and Zoning Department and may be lifted at the discretion of the City Manager or his or her designee upon a showing of completion or satisfactory progress towards completion of remedial measures.
('76 Code, § 7-8) (Ord. 1551, § 1, passed 9-13-88; Am. Ord. 2403, passed 12-18-01)
§ 13-1-6  PROOF OF CONSTRUCTION ABUTTING PAVED ROAD PREREQUISITE TO PERMIT ISSUANCE; EXCEPTIONS, APPEALS.
   The intent of this section is to prevent the building of structures on unpaved city streets, whether maintained or not, and to assure that all structures will have all necessary infrastructure in place (i.e., pavement, sidewalks, water, sewer and drainage) to provide for the general health and welfare of the residents or users of the structures.  It is not the intent to create hardship for an individual wishing to build a single-family detached structure on a lot the individual has owned for more than six months for his or her primary residence.
   (A)   No building permit shall be issued by the Building Official for a detached single-family residential structure unless the applicant can present proof that the structure to be built will abut a paved public street and that the street or right-of-way contains adequate water, sewer and drainage facilities to serve the proposed structure.  However, the paving requirement of this section shall not apply if the applicant can show:
      (1)   That he or she has owned the property continuously for a period of six months;
      (2)   That he or she has not received a building permit for a structure on property not abutting a paved street for a period of 12 months prior to the date of the current application for a building permit; or
      (3)   The applicant presents plans approved by the Engineering Department for the installation of those street improvements which would be required by the subdivision regulations.
   (B)   No building permit shall be issued by the Building Official for a nonresidential structure unless the property for which the permit is to be issued is abutting a paved city street on all sides on which there is a dedicated street.  The Building Official may issue the building permit for the proposed structure when the applicant presents plans approved by the Engineering Department for the installation of those street and infrastructure improvements which would be required by the subdivision regulations as if the land were being subdivided including the requirements for performance and maintenance bonds.
   (C)   Any commercial building or industrial structure referred to above not requiring an occupational license may not be used for any activity requiring an occupational license unless the applicant for such occupational license paves the city street or city right-of-way, as aforesaid.  The Building Official is hereby authorized to deny the occupational license until said city street or city right-of-way is paved as required by this code.
   (D)   Any commercial building or industrial structure requiring an occupational license for its use shall have its occupational license revoked and withheld in the event any entrance not shown on the application for the building permit is later opened onto an unpaved city street or any unpaved city right-of-way until such city street or city right-of-way is paved.
   (E)   No building permit shall be issued by the Building Official for any multi-family or attached single-family structures unless the property for which the permit is to be issued is abutting a paved city street on all sides having proposed or planned entrances or exits.  The Building Official may issue the building permit for the proposed structure when the applicant presents plans approved by the Engineering Department for the installation of those street and infrastructure improvements which would be required by the subdivision regulations as if the land were being subdivided including the requirement for performance and maintenance bonds.
   (F)   For purposes of this section, a street is considered paved when:
      (1)   The City Commission has formally begun a paving project on the particular street with the funding source in place;
      (2)   Where the building would be permitted by the subdivision regulations after posting the required bonds; or
      (3)   Where the street is under construction by another government agency and recognized as such by the City Manager.
   (G)   Where paving is required in order to comply with ordinance, the street shall be paved to connect to an existing paved street.  Where the development is of significant impact, the city may require paving to more than one street to provide proper traffic flow and circulation.  Where streets along the sides or back of properties are being improved, they shall connect to paved streets.
   (H)   In order to provide for an orderly transition and avoid undue hardships to individuals intending to build a structure on an unpaved street under ordinances in effect prior to the adoption of this section, those persons having started zoning changes, land use changes or building permit applications prior to the date of passage of this section are granted a 90-day exemption from the effective date of this section from the new requirements imposed by this section, but shall comply with those requirements in place at the time of passage.
   (I)   There may be circumstances under which it would not be in the best interest of the city to require the paving of the unpaved street adjacent to a certain parcel of property.  If, in the opinion of the City Manager or his designee, it is not in the best interest to the city or to the applicant's property by the paving of an adjacent unpaved street, the City Manager or his designee may waive the requirement for paving that particular street.  If the applicant wishes to appeal the requirement to install street improvements on unimproved streets, an appeal may be filed for a hearing before the City Commission.  The Commission may then decide if the particular street or streets in question should be improved.
('76 Code, § 7-7) (Ord. 853, §§ 1, 2, passed 10-19-76; Am. Ord. 968, § 1, passed 3-13-79; Am. Ord. 1318, passed 11-12-85; Am. Ord. 1378, passed 8-19-86; Am. Ord. 2403, passed 12-18-01).
§ 13-1-7  REQUIRED CERTIFICATION, REGISTRATION, INSURANCE AND SURETY BOND OF PERSONS ENGAGED IN BUILDING INDUSTRY.
   (A)   Certification. For city licensing or city registration by state certification, each building, plumbing, electrical, air conditioning, mechanical, sheet metal, roofing and pool contractor, prior to obtaining a construction permit or a city occupational license or registration certificate for such contracting classification, shall display proof of certification by the Florida Construction Industry Licensing Board indicating that he has obtained said certification by state examination.
   (B)   Registration.  For city licensing or city registration by state registration, each building, plumbing, electrical, air conditioning, mechanical, sheet metal, roofing and pool contractor, prior to obtaining a construction permit or a city occupational license or registration shall display proof of qualification by having passed the examination of their trade by test given by the city, the H.H. Block Exam proctored by H.H. Block, or recognized equivalent testing institute with a grade of 75% or more.
   (C)   Journeyman.  Each electrical, mechanical and plumbing journeyman shall, prior to practicing his trade within the city limits, obtain a city occupational license or city registration certificate by displaying proof of having passed the examination of his trade by test given by the city, the H.H. Block Exam proctored by H.H. Block, or recognized equivalent testing institute with a grade of 75% or more.
   (D)   Insurance.  As a prerequisite to issuance of an occupational license or registration certificate, the contractor shall submit satisfactory evidence that he has obtained public liability and property damage insurance for the safety and welfare of the public in the amount of $100,000 liability and $25,000 property damage.  This minimum amount shall be maintained at all times to keep an occupational license or registration certificate valid.
   (E)   Contractor's bond.  As a prerequisite to issuance of an occupational license or registration certificate the contractor shall file with the Building Department a surety bond, payable to the city, a municipal corporation in the amount of $5,000.
   (F)   Penalty.  Any person, firm or corporation violating the provisions of this section shall be punished as provided by § 1-1-99 of this code.
('76 Code, § 7-6) (Ord. 792, §§ 1-6, passed 4-1-75; Am. Ord. 2403, passed 12-18-01)
§ 13-1-8  BUILDING TO COMPLY WITH FEDERAL AVIATION ADMINISTRATION REGULATIONS.
   All new construction or additions to existing structures within the city must comply with any applicable Federal Aviation Administration height restrictions and must complete and submit all required Federal Aviation Administration forms prior to the issuance of a building permit.
('76 Code, § 7-9) (Ord. 1586, § 1(7-8), passed 1-10-89; Am. Ord. 2403, passed 12-18-01)
§ 13-1-9  RESERVED.
§ 13-1-10  FLORIDA BUILDING CODE ADOPTED.
   The latest edition of the Florida Building Code and reference standards are hereby adopted and binding within the corporate limits of the city and police jurisdictions thereof.  A copy of the said code is on file in the office of the City Manager.
(Ord. 2403, passed 12-18-01)
§ 13-1-11  FLORIDA BUILDING CODE LOCAL AMENDMENTS.
   (A)   The following standards are adopted as amendments the Florida Building Code, Building:
      (1)   Section 107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code.
      (2)   SECTION 117 VARIANCES IN FLOOD HAZARD AREAS - Section 117.1 Flood hazard areas. Pursuant to F.S. § 553.73(5) the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This Section shall not apply to Section 3109 of the Florida Building Code, Building.
      (3)   Section 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 18 inches, whichever is higher.
   (B)   The following standards are adopted as amendments to the Florida Building Code, Residential:
      (1)   R322.2.1 Elevation requirements.
         1.   Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 18 inches or the design flood elevation, whichever is higher.
         2.   Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus _______, or to the design flood elevation, whichever is higher.
         3.   In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 18 inches, or at least two feet (610 mm) if a depth number is not specified.
         4.   Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 18 inches or the design flood elevation whichever is higher.
         Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.
      (2)   R322.2.2 Enclosed areas below design flood elevation. Enclosed areas, including crawl spaces, that are below the design flood elevation shall:
         1.   Be used solely for parking of vehicles, building access or storage. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms except for building access. Access to enclosed areas is the minimum necessary to allow, as applicable, for crawlspace access, for access to the occupiable space (stairway or elevator), for parking (garage door), and for limited storage of maintenance equipment used in connection with the premises (standard exterior door).
(Ord. 2858, passed 5-21-13)
§ 13-1-12  ADOPTION OF STATE LAW.
   The city hereby adopts in its entirety F.S. Ch. 553, Part III, "Glass"; Part V, "Accessibility by Handicapped Person, " known as the "American National Standard for Building and Facilities"; Part VI, "State Minimum Building Code, " known as the "Florida Building Code Act."
('76 Code, § 7-3.1) (Ord. 1783, § 7, passed 6-18-91; Am. Ord. 2403, passed 12-18-01)
§ 13-1-13  RESERVED.
§ 13-1-14  RESIDENTIAL MINIMUM MAINTENANCE.
   (A)   Intent.  The purpose of this section is to protect the comfort, health, safety and general welfare of the citizens of the city, by establishing minimum  property and building maintenance standards for all residential properties, and to provide for the abatement of the nuisances affecting the general public.
   (B)   Scope.
      (1)   Zoning districts.  Structures in the following zoning districts are regulated by this section:  AC, RE, all RA districts, all RB districts, all RC districts, all MH districts, and RPUD, SRPUD, and MUPUD districts with residential components.  Also, any dwelling unit located in a non-residential zoning district.
      (2)   Historic Preservation Overlay District. Nothing in this section shall supersede the requirements of § 14-2-46, HPO – Historic Preservation Overlay District, unless determined by the Building Official as a matter of public safety and welfare.
   (C)   Definitions.  For the purpose of this section, the definitions located in § 14-2-240 shall apply unless the context clearly indicates or requires a different meaning.  In cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or American Heritage College Dictionary, latest edition.
   (D)   Exterior property areas.
      (1)   Sanitation. 
         (a)   The property owner or the occupant shall maintain all exterior property and premises in a clean, safe, and sanitary condition. 
         (b)   In duplexes, triplexes, and multi-family dwelling units, the property owner or occupant shall keep that portion of the exterior property said person owns or occupies in a clean and sanitary condition.
         (c)   Abandoned property and junk, including but not limited to, inoperable and partially dismantled vehicles, shall be prohibited in accordance with §§ 9-3-15 through 9-3-23.
      (2)   Grading and drainage. All areas shall be graded and maintained to prevent erosion or accumulation of standing water, except for approved retention basins.
      (3)   Storm drainage.  Drainage from roofs and paved areas, yards and courts, and other open areas on any property must not discharge in a manner that negatively impacts or burdens another property or creates a nuisance.
      (4)   Sidewalks and driveways.  All paved surfaces, including sidewalks, walkways, driveways, driveway aprons, and parking spaces, whether located in the right-of-way or private property, shall be kept in a proper state of repair and free of hazardous conditions, such as but not limited to, cracks or uneven surfaces that create a tripping hazard.
      (5)   Accessory structures.  All accessory structures shall comply the building code in effect at the time of construction and be kept in good repair.
      (6)   Property defacement.  In accordance with §§ 12-3-10 through 12-3-14, no person shall damage, mutilate or deface any exterior surface of any structure by placing graffiti.  It is the responsibility of the property owner to restore the affected surface to a state of good repair, and to remove and cover the graffiti
      (7)   Fences.  All fences shall be kept in good repair, free of holes, breaks, and loose or rotting material. Fences shall be structurally sound and shall not be supported by means other then the structural support incorporated into the fence.
         (a)   Chain link fences installed after April 15, 2003, must be vinyl-coated in accordance with § 14-2-94(D)(6).
         (b)   Chain link fences installed prior to April 15, 2003, must be kept rust and corrosion free.
         (c)   Vinyl and wood fences shall be kept free of mildew, mold and other similar growths.
      (8)   Hanging clothes on fences prohibited.  The hanging of clothes or similar items on fences shall be prohibited in accordance with § 9-3-5.
      (9)   Walls.  Decorative and freestanding walls shall be kept in good repair, free of holes, breaks, and loose or rotting material.  Walls shall be structurally sound and shall not be supported by means other then the structural support incorporated into the wall.
         (a)   Walls must be painted, stained, treated or finished in a uniform manner.
            1.   Walls constructed with decorative masonry material are exempt from being painted or finished. 
            2.   Plain concrete block walls do not qualify for this exemption.
         (b)   Walls with a stucco or similar finish shall be kept free of cracks and holes in the finish.  Repairs shall be done in such a way as to appear inconspicuous.
         (c)   Walls shall be kept free of mildew, mold, and other similar growths.
      (10)   No residential property, including those with multiple dwelling units, shall have more then one unlicensed motor vehicle on the property or street(s) adjacent to the property.  Such vehicle may not be inoperable as defined in § 14-2-240 under the term “inoperable vehicle”.
   (E)   Grass, landscaping and lot maintenance.
      (1)   Standards for mowing lots and weed control.
         (a)   The following conditions are prohibited on any property zoned or used for residential purposes.
            1.   The accumulation of rank growth of weeds, grass, invasive species, trees, plants or undergrowth in the condition that may serve to communicate fire or serve as a breeding place or harbor insects, rodents, snakes, vermin or other pests.
            2.   Any property upon which over one third of the vegetative area is allowed to exceed 12 inches in height above the ground.  The height of vegetative matter shall be measured with a ruler or tape measure from grade level.
         (b)   Any real property within the city with an area greater than 25 acres that is currently agriculture exempt at the Tax Assessor's Office, or platted conservation areas are not required to comply with vegetation height limits contained herein.
      (2)   Violations.  When a property owner is deemed to be in violation of divisions (a)1. and (a)2.  above, the Director of Development Services or his designee shall give the owner or tenant seven days from the receipt of notice in writing to correct the situation.  The notice shall include an estimate of the cost incurred by the city to perform the work based on division (a)1. below.
         (a)   If the owner or tenant fails to correct the violation or to appeal the notice, the city shall perform or cause to be performed the required work to correct the violation.  The property owner shall be responsible for any cost incurred by the city for correcting the violation.
            1.   The cost to correct the violation will be based on the cost per man-hour and per equipment hour needed to perform the necessary work.
            2.   The minimum charge will be $300.
         (b)   Appeal procedure.  When an owner or tenant receives a notice of violation for division (E), he may file an appeal with the City Manager or his designee within seven days of receipt of notice.  The city shall not perform or cause to be performed any work until the appeal has been resolved.
   (F)   Exterior structures.
      (1)   General. The exterior of all structures, including accessory structures, shall be maintained in good repair, structurally sound and sanitary.
      (2)   Exterior surfaces.
         (a)   All exterior surfaces, including but not limited to, doors, door and window frames, porches, trim, fences and walls, shall be maintained in good condition.
         (b)   Wood surfaces shall be protected by painting or other protective treatment.  Stockade-style wood fences are excluded from this requirement.
         (c)   Peeling, flaking and chipping paint must be removed and the surface repainted.
         (d)   All siding and masonry joints shall be weather-resistant and watertight.
         (e)   All metal surfaces subject to rust or corrosion shall be coated, and all surfaces with rust or corrosion shall be stabilized and coated to prevent future rust and corrosion.  Surfaces designed for stabilization by oxidation are exempt from this requirement.
         (f)   Structural members shall be free of deterioration and must be capable of safely supporting the appropriate loads.
         (g)   To prevent the entry of pests and rodents, foundation walls shall be plumb and free from open cracks and breaks.
         (h)   Exterior walls shall be free of holes, breaks, and loose or rotting material.  Such walls shall be weatherproofed and properly coated or treated to prevent deterioration.
         (i)   All roofs and flashing shall be in good repair, with no defects that admit water.
         (j)   Roof drainage shall be such as to prevent dampness and deterioration in any interior portion of the structure.
         (k)   Roof drains, gutters and downspouts shall be maintained in good repair and free of obstruction.
         (l)   Roof water may not be discharged onto a public sidewalk or right-of-way, and may not create a public nuisance.
      (3)   Decorative features.  All decorative features, including but not limited to, cornices, trim, wall facings, and shutters, shall be in good repair and properly anchored to the structure.
      (4)   Exterior stairways, decks, porches and balconies.  All exterior stairways, decks, porches, balconies, and similar features shall be structurally sound.
      (5)   Chimneys.  All chimneys shall be safe and structurally sound.
      (6)   Handrails and guardrails.  All handrails and guardrails shall be securely fastened and capable of supporting normal loads.
      (7)   Windows, skylights and door frames.
         (a)   All windows, skylights and doorframes shall be kept in good condition and must be weather-tight.
         (b)   All windows and glazing materials shall be free of cracks and holes.
         (c)   All windows that are not fixed in a permanent position must open easily and be held in position by the window hardware.
      (8)   Shuttering or boarding of windows for hurricanes or similar weather-related events.  The shuttering or boarding of windows to provide protection from hurricanes or similar weather-related events is allowed.
         (a)   The shuttering or boarding of windows is allowed once the National Weather Service has issued a hurricane or severe weather advisory for any central Florida county.
         (b)   Shutters and other materials used to protect windows shall be removed once the hurricane or severe weather advisory has expired, or within seven days after the storm or severe weather event has passed, whichever occurs first.
         (c)   Division (F)(8) shall in no way prohibit the use at any time of permanently attached storm shutters, such as but not limited to:  rolling shutters, accordion-style shutters, colonial-style shutters, Bahamas-style shutters and/or storm panels that affix to permanently mounted frames.
      (9)   Screens.  Screens for windows and other outside openings required for ventilation of habitable rooms shall be tightly fitted.  Such screens shall not have any holes or tears.
      (10)   Exterior doors. 
         (a)   All exterior doors, door assemblies and hardware must be in good working condition.
         (b)   Locks on any exterior door must be in working condition and must tightly secure the door.
         (c)   All exit doors shall be readily accessible from the side which egress is to be made, without the need for keys, special knowledge or effort.
   (G)   Interior structure.
      (1)   The interior of a structure and equipment in the structure shall be maintained in good repair, structurally sound and in a sanitary state.  Occupants of such structure shall keep the part of the structure they occupy or control in a clean and sanitary state.  Any property owner of a residential structure with two or more dwelling units, along with the associated accessory structures, shall maintain the shared or public areas of the structure and exterior property in a clean and sanitary state.
      (2)   All structural members shall be kept in a structurally sound state and capable of supporting the necessary loads.
      (3)   All interior surfaces, including windows and doors, must be maintained in a good, clean and sanitary condition.
         (a)   Paint that is peeling, cracked or flaking must be repaired.
         (b)   Plaster that is cracked or loose, decaying wood, or any other defective surface shall be repaired.
      (4)   All stairs and walking surfaces, including but not limited to, stairs, ramps and landings, must be maintained in sound condition and good repair.
      (5)   All handrails and guardrails shall be securely fastened and capable of supporting normal loads.
      (6)   All interior doors shall fit well within their frames and must be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks.
   (H)   Junk and garbage.
      (1)   The interior of every structure must be free from any accumulation of rubbish or garbage.
      (2)   All occupants of a structure shall dispose of all rubbish in a clean and sanitary manner in an approved container.
         (a)   The owner of any dwelling unit that is not owner-occupied, such as rental units, must supply approved, covered containers for rubbish, and the owner shall be responsible for the removal of the rubbish in accordance with Chapter 10-1.
         (b)   Refrigerators and similar appliances shall not be discarded unless the doors have been removed per § 12-4-30.
   (I)   Extermination.
      (1)   All structures must be kept free from insect and rodent infestation.  Any structure with an insect or rodent infestation shall be immediately exterminated by an approved process not harmful to human health.  After extermination, precautions shall be taken to prevent reinfestation
      (2)   Prior to renting or leasing a dwelling unit, the owner of the structure is responsible for pest extermination within the structure.
      (3)   The occupant of a single-family dwelling unit is responsible for the extermination within that unit.
      (4)   The owner of a structure containing two or more dwelling units, including but not limited to, duplexes, triplexes and multi-family structures, shall be responsible for pest extermination in the public and shared areas of the structure and exterior property.
         (a)   Interior areas.  Unless stated in a written rental, lease or occupancy agreement, the owner of any dwelling unit shall be responsible for pest extermination on the interior of such dwelling unit(s).
         (b)   Exception.  When the infestation is caused by a physical defect in the structure, the owner will be responsible for the extermination and the correction of the physical defect.
   (J)   Light.
      (1)   All habitable spaces must have at least one window facing directly outdoors or to an exterior courtyard.  The Florida Building Code adopted by the city shall be used to determine the size of the window.
      (2)   Common hallways and stairways in triplexes and multi-family dwelling units shall be lighted at all times, with at least a 60 watt incandescent light bulb for each 200 square feet of floor area.  The spacing between the lights can be no greater than 30 feet.
      (3)   All other areas of any dwelling unit must be provided with either natural or artificial light sufficient to maintain sanitary conditions, the safe occupancy of the area, and the utilization of the appliances, equipment and fixtures.
      (4)   The owner of the structure must provide and maintain the above light standards.
      (5)   In lieu of natural light, artificial light may be used in compliance with the Florida Building Code.
   (K)   Ventilation.
      (1)   Every habitable area shall have at least one openable window.  When fully opened, that window shall be at least 45% of the window’s surface area.
      (2)   All bathrooms and toilet rooms shall comply with division (K)(1) above, except a window will not be required in bathrooms and toilets rooms with a mechanical ventilation system.  Air exhausted by such system must be vented to the outdoors and shall not be recirculated.
   (L)   Occupancy limitations.
      (1)   Room widths.  A habitable room, other than a kitchen, must be a minimum of seven feet in width.  Kitchens shall have a minimum clear passageway of three feet between counters and appliances, and counters and walls.  Dwelling units built before the adoption of this section are nonconforming under § 14-2-232.
      (2)   Ceiling heights. 
         (a)   All areas in a dwelling unit must have a minimum clear ceiling height of seven feet, except for the following:
            1.   In rooms with beams or girders that project no more than six inches below the minimum clear ceiling height.
            2.   Rooms occupied for sleeping or other low intensity purposes, and having a sloped ceiling, where a minimum of one third of the ceiling has a minimum clear ceiling height of seven feet.
         (b)   Dwelling units built before the adoption of this section are nonconforming under § 14-2-232.
      (3)   Bedrooms.
         (a)   All bedrooms occupied by one person shall contain a minimum of 70 square feet of floor area.
         (b)   All bedrooms occupied by two or more persons shall contain a minimum of 50 square feet of floor area for each occupant of the bedroom.
         (c)   Bedrooms shall not constitute the only means of ingress or egress to another habitable room in the dwelling unit, including another bedroom.
         (d)   All bedrooms must have access to at least one water closet and one lavatory without passing though another bedroom.
         (e)   Kitchens and nonhabitable spaces may not be used for sleeping purposes.
      (4)   Overcrowding.  Dwelling units must not be occupied by more occupants than allowed in the following table:
 
Space
Minimum Area in Square Feet
1 to 2 occupants
3 to 5 occupants
6 or more occupants
Living room
No requirements
120 square feet
150 square feet
Dining room
No requirements
80 square feet
100 square feet
Bedrooms
Must comply with division (L)(3) above
 
      (5)   Efficiency units.
         (a)   An efficiency unit occupied by no more than two persons must have a minimum clear floor area of 220 square feet.  An efficiency unit occupied by three occupants must have a minimum clear floor area of 320 square feet.
         (b)   An efficiency unit must have a kitchen sink, cooking appliance and refrigeration facilities.
         (c)   An efficiency unit must have a separate bathroom containing a water closet, lavatory, and bathtub or shower.
         (d)   The maximum number of occupants for an efficiency unit is three.
   (M)   Plumbing.
      (1)   Required facilities.
         (a)   Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink, which must be maintained in a sanitary and safe working condition.  A kitchen sink may not be used as a substitute for the required lavatory.
         (b)   Toilet rooms and bathrooms must provide privacy.  A door with an interior-locking device must be provided for all common and shared toilet rooms and bathrooms.
      (2)   Plumbing systems and fixtures.
         (a)   All plumbing fixtures must be properly installed and maintained in working order.  Such fixtures must be kept free of leaks and other defects.
         (b)   If a plumbing system in a structure is determined to present a hazard to its occupants, the defect creating the hazard must be corrected within 24 hours once notice is served.  Such defects include, but are not limited to:  inadequate service, inadequate venting, cross connection, backsiphonage, improper installation or damage.
      (3)   Water system.
         (a)   All sinks, lavatories, bathtubs or showers, water closets and other plumbing fixtures must be properly connected to an approved water system.  All kitchen sinks, lavatories, laundry facilities, bathtubs and showers must be supplied with hot or tempered, and cold running water in accordance with the Florida Building Code adopted by the city.
         (b)   The water supply must remain free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture.
         (c)   The water supply system must be installed and maintained to provide a supply of water to the plumbing fixtures and appliances in sufficient volume and pressure to ensure the fixtures and appliances operate properly and safely.
         (d)   Water-heating facilities must be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility, at a minimum temperature of 110°F.
         (e)   A gas water heater may not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided.
         (f)   An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed on water heaters.
      (4)   Sanitary drainage system.
         (a)   All plumbing fixtures shall be properly connected to an approved sanitary sewer system.
         (b)   All plumbing fixtures, vents and sewer lines must function properly and be kept free from obstructions, leaks and defects.
   (N)   Mechanical and electrical requirements.
      (1)   Heating.
         (a)   Residential dwellings must have heating facilities capable of maintaining a room air temperature of 65°F in all habitable rooms and bathrooms.
         (b)   Cooking appliances shall not be used to provide heating to meet the requirement in division (N)(1)(a) above.
         (c)   The owner of any building with dwelling units or rooms that are rented, leased, or let must supply heat to the occupants of such dwelling units or rooms.  The heat supplied must meet the requirement of division (N)(1)(a) above.
         (d)   The room temperature must be measured three feet above the floor, near the center of the room, and a minimum of two feet from any exterior wall.
      (2)   Mechanical.
         (a)   All mechanical appliances, fireplaces, cooking appliances and water-heating appliances must be properly maintained in a safe working condition, and must be capable of performing their intended function.
         (b)   All fuel-burning equipment and appliances must be connected to a working chimney or vent.
         (c)   All required clearances to combustible materials must be maintained.
         (d)   All controls, including safety controls for fuel-burning equipment, must be maintained in good working condition.
      (3)   Electrical.
         (a)   All residentially occupied buildings must have an electrical system in compliance with the Florida Building Code currently adopted by the city.
         (b)   All electrical equipment, wiring, and appliances for all residentially occupied buildings must be properly installed and maintained in a proper manner.
         (c)   Each habitable room in a residential dwelling unit must contain a minimum of two separate electric receptacles.
         (d)   All laundry areas must contain at least one grounded receptacle or a receptacle with a ground-fault circuit interrupter.
         (e)   All bathrooms must contain a minimum of one receptacle.  All new bathroom receptacles must have ground-fault-circuit-interrupter protection.
         (f)   All habitable rooms, interior common areas, interior stairways, toilet rooms, bathrooms, kitchens, laundry rooms, and utility rooms must contain at least one electric lighting fixture.
      (4)   Ducts.  Duct systems must be maintained free of obstructions and must be capable of performing their required task.
   (O)   Fire safety.
      (1)   Egress.
         (a)   Means of egress shall comply with the Life Safety Code adopted by the city.
         (b)   All means of egress doors shall be readily opened from the side which egress is to be made, without the need for keys, special knowledge or effort.
         (c)   Required emergency escape openings must be operational from inside the room without the use of keys or tools.
      (2)   Fire protection.
         (a)   Smoke alarms must be installed in all residential dwelling units in the following locations:
            1.   On the ceiling or wall directly outside of each bedroom or group of bedrooms located in general proximity to each other.
            2.   In each story within a dwelling unit, not including crawl spaces and uninhabitable attics.
      (3)   Other fire safety-related codes.  All other fire safety-related codes adopted by the city must be followed at all times.
   (P)   Vehicle repair in residential districts.
      (1)   Only minor repairs and maintenance in residential districts may be accomplished on privately registered vehicles owned by the resident of the lot and having current State of Florida license plates, or motor vehicles designated by the State of Florida as qualifying for an antique or horseless carriage destination, may be performed which, for purposes of this section, are limited to the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid, and lubricating oil, the replacement of spark plugs, ignition points, the rotation of tires and the checking of adequate pressure; and the replacement of drive belts and hydraulic lines, provided all repairs are completed within seven days of the commencement.
      (2)   Any other repairs on the motor vehicle or automobile shall be restricted to a totally enclosed building and only accomplished on privately registered vehicles owned by the resident of the lot and having current State of Florida license plates, or motor vehicles designated by the State of Florida as qualifying for an antique or horseless carriage designation.
      (3)   The automobile or motor vehicles referred to in this division (P) shall be licensed and registered to the resident of the address at which the limited repairs and maintenance or other repairs are to be performed. Repairs and maintenance shall not be performed on more than two vehicles at a time.
   (Q)   Requirements not covered by this section.  Any requirements necessary to ensure the health, safety and welfare of the citizens by requiring property minimum maintenance, but not specifically covered by this section, shall be determined and enforced by the Building Official or his designee.
   (R)   Violations.  Any person, including officers of any corporations or clubs, violating or failing to comply with the provisions of this section shall be subject to prosecution and shall be subject to the general penalty set forth in § 1-1-99 of this code.
(Ord. 2613, passed 10-10-06; Am. Ord. 2937, passed 8-2-16)
§ 13-1-15  COMMERCIAL MINIMUM MAINTENANCE.
   (A)   General.
      (1)   Intent. The purpose of this section is to protect the comfort, health, safety and general welfare of the citizens of the city, by establishing minimum property and building maintenance standards for all non-residential properties, and to provide for the abatement of the nuisances affecting the general public. Existing structures and premises that do not comply with these provisions are to be altered or repaired to provide a minimum level of health and safety as required herein.
      (2)   Scope. The provisions of this section, which are based upon 2009 International Property Maintenance Code, shall apply to all existing non-residential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Any requirements necessary to fulfill this objective by requiring property minimum maintenance, but is not specifically covered by this section shall be determined and enforced by the City Manager or designee.
      (3)   Severability. If any portion of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section.
   (B)   Applicability.
      (1)   General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this section and the referenced standards, the provisions of this section shall apply. Where, in a specific case, different sections of this section specify different requirements, the most restrictive shall govern.
      (2)   Maintenance. Equipment, systems, devices and safeguards required by this section or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied unit, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this section are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.
      (3)   Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the regulatory codes as adopted by the City of Kissimmee which are in effect at the time such work is undertaken.
      (4)   Existing remedies. The provisions in this section shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.
      (5)   Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this section shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.
      (6)   Zoning districts. Structures in the following zoning districts are regulated by this section: B-l, B-2, B-3, HC, B-5, BP, IB, AO, AI, CF, HF, and UT Districts, and RPUD, SRPUD, and an MUPUD Districts with a non-residential component. Also, any non-residential structure or unit located in a residential zoning district.
      (7)   Historic buildings. Nothing in this section supersede the requirements of § 14-2-46, HPO (Historic Preservation Overlay) District, unless determined by the City Manager or designee as a matter of public safety and welfare.
      (8)   Requirements not covered by this section. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this section, shall be determined by the City Manager or designee.
      (9)   Other laws. The provisions of this section shall not be deemed to nullify any provisions of local, state or federal law.
   (C)   Administration and enforcement.
      (1)   Liability. Any city employee charged with the enforcement of this section, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this sect ion or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The City Manager or designee shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this section.
      (2)   Duties and powers of the City Manager or designee.
         (a)   General. The City Manager or designee is hereby authorized and directed to enforce the provisions of this section. The City Manager or designee shall have the authority to render interpretations of this section and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this section. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this section.
         (b)   Inspections. The City Manager or designee shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The City Manager or designee is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
         (c)   Right of entry. Where it is necessary to make an inspection to enforce the provisions of this section, or whenever the City Manager or designee has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this section, the City Manager or designee is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this section, provided that if such structure or premises is occupied the City Manager or designee shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the City Manager or designee shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the City Manager or designee shall have recourse to the remedies provided by law to secure entry.
         (d)   Identification. The City Manager or designee shall carry proper identification when inspecting structures or premises in the performance of duties under this section.
         (e)   Notices and orders. The City Manager or designee shall issue all necessary notices or orders to ensure compliance with this code.
         (f)   Department records. The City Manager or designee shall keep official records of all business and activities of the department specified in the provisions of this section. Such records shall be retained in the official records for the period required for retention of public records.
      (3)   Violations; unlawful acts. Any person, including officers of any corporations or clubs, violating or failing to comply with the provisions of this section shall be subject to prosecution and shall be subject to the general penalty set forth in § 1-1-99 of this code.
   (D)   Definitions.
      (1)   Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this section, have the meanings shown in this chapter.
      (2)   Inter changeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
      (3)   Terms defined in other codes. Where terms are not defined in this section and are defined in the regulatory codes as adopted by the City of Kissimmee, such terms shall have the meanings ascribed to them as stated in that code.
      (4)   Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
      (5)   Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in this section, they shall be construed as though they were followed by the words “or any part thereof.”
         ABANDONED, INOPERATIVE OR DISCARDED MOTOR VEHICLE. A motor vehicle which is in a state of disuse, neglect, or abandonment, a motor vehicle without a license plate, a motor vehicle with a license plate that is not registered to that motor vehicle or a motor vehicle that does not have a registration sticker affixed to the license plate. Evidence of disuse, neglect or abandonment may include, but is not limited to, factors such as: vehicle being wrecked and inoperative; inoperative as evidenced by vegetation underneath as high as the vehicle body or frame; refuse or debris collected underneath or the vehicle being used solely for storage purposes; if it is partially dismantled, having no engine, transmission, or other major and visible parts; having major and visible parts which are dismantled; incapable of functioning as a motor vehicle in its present state; or being in any physical state rendering it inoperative. If the primary apparent evidence of disuse, neglect, or abandonment is vegetation growing under the vehicle, then the enforcement officer shall use his or her training and experience to determine whether, under the totality of the circumstances, the vehicle is in a state of evident disuse, neglect or abandonment. A vehicle will be considered abandoned or derelict if it is in an evident state of extended disuse or neglect.
         ABANDONED PROPERTY. Wrecked or derelict property which has been left abandoned and unprotected from the elements and shall include trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture, other similar articles and shopping carts no matter what type of condition which have been discarded, placed upon any public property or vacant lot, left unattended, or which has no name or address fixed thereon.
         ANCHORED. Secured in a manner that provides positive connection.
         APPROVED. Approved by the City Manager or designee.
         BASEMENT. That portion of a building which is partly or completely below grade.
         BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
         BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
         CITY MANAGER OR DESIGNEE. Individual charged with the administration and enforcement of this section, or any duly authorized representative.
         DEBRIS. Fragments of or accumulations of pieces of metal, cloth, rubber, plastic, lumber, or any other natural or manufactured mineral or vegetative matter.
         DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
         DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
         DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
         EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, muggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.
         EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
         GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
         GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
         HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces; and similar areas are not considered habitable spaces.
         HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
         IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
         INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
         JUNK. Pieces, parts or discarded whole units of metal, rubber, plastics, glass, lumber or other objects manufactured either from mineral or vegetative materials.
         LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.
         LAW ENFORCEMENT OFFICER. As defined in F.S. § 943.10.
         LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
         MISLAID PROPERTY. Property which the owner has parted with, with the intention of retrieving it later, but which cannot be left on public property or private property of someone other than the owner of the mislaid property. It is not lost or abandoned property defined in F.S. Ch. 705.
         NEGLECT. The lack of proper maintenance for a building or structure.
         OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
         OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
         OPEN ABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
         OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
         OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
         PERSON. An individual, corporation, partnership or any other group acting as a unit.
         PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.
         PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
         PUBLIC PROPERTY. Lands and improvements owned by the federal government, the state, the county or municipalities, lying within the county and includes building, grounds, parks, play grounds, streets, sidewalks, parkways, rights-of-way and other similar property.
         PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
         ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.
         RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
         SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
         STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.
         STRUCTURE. That which is built or constructed or a portion thereof.
         TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.
         TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
         TRASH. Broken parts of trees, prunings, clippings, or other pieces or fragments of vegetative
matter.
         ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80% or less of the maximum strength.
         VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
         WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.
         YARD. An open space on the same lot with a structure.
   (E)   General requirements.
      (1)   Scope. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
      (2)   Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this section. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
      (3)   Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
         (a)   Barriers. If the entire premises of a non-residential lot is unoccupied or vacant, a temporary barrier can be installed to discourage pedestrian or vehicular access onto the property. In the event that a barrier is installed, the barriers are limited to the following:
            1.   Temporary vinyl coated chain link or decorative fences that is of solid construction and kept in good repair, free of holes, breaks, missing segments or slats, loose or rotting material, mold, mildew rust, corrosion or any other similar growths. Fence, sight distance, and CRAO standards outlined in §§ 14-2-63, 14-2-97 and 14-2-45(B) shall be adhered to.
            2.   Temporary landscaping pots used as barricades shall be maintained and kept in good repair. Sight distance and CRAO standards outline in §§ 14-2-97 and 14-2-45(B) shall be adhered to.
         (b)   Closing of vacant and vandalized structures. If the structure has been vandalized or is vacant, fit or unfit for human habitation and occupancy, and is not in danger of structural collapse, the City Manager or designee is authorized to post a placard of no entry on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the City Manager or designee shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
         (c)   Maintenance of vacant structures. Boarding a non-residential building whether done voluntarily or as a result of enforcement activity by the city, the owner shall ensure the following:
            1.   Weatherproof plywood, a minimum of one-quarter inch in width shall be used for boarding all doors and windows of a structure. Each board shall fit entirely over the window and door openings where it is flush with the outside molding of the structure and be maintained in good repair. The plywood must be architecturally compatible with the building and shall be regularly painted to not fade and match the trim or siding color of the structure.
            2.   At least one door at grade level shall be maintained with working locks and hinges to permit entry for emergency purposes.
      (4)   Shuttering or boarding of windows for hurricanes or similar weather related events. The shuttering or boarding of windows to provide protection from hurricanes or similar weather related events are allowed.
         (a)   The shuttering or boarding of windows is allowed once the National Weather Service has issued a hurricane or severe weather advisory for any Central Florida county.
         (b)   Materials used shall be maintained and presented in a neat and orderly fashion that is kept in good repair, free of holes, breaks, missing segments or components, mold, mildew, corrosion, or other similar growths.
         (c)   Shutters and other materials used to protect windows shall be removed once the hurricane or severe weather advisory has expired or within seven days after the storm or severe weather event has passed or at the discretion of the City Manager or designee based upon the severity of the event, whichever occurs first.
         (d)   Division (C)(4) shall in no way prohibit the use at any time of permanently attached storm shutters, such as but not limited to: rolling shutters, accordion style shutters, colonial style shutters, Bahamas style shutters and/or storm panels that affix to permanently mounted frames. However if utilized, said shutters/panels must remain in the open position during non-advisory events.
      (5)   Nuisance. Any nuisance shall be governed by Chapter 9-3.
      (6)   Hazardous materials. It shall be unlawful for any owner or tenant to store hazardous materials such as, but not limited to oil, grease, paint, petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides, or waste (solid, liquid, or gaseous) that constitute a fire or environmental hazard, or are detrimental to human life, health, or safety. Any other condition existing on or in a building, accessory structure, or property that is determined to be a safety or health hazard whether or not visible from outside the property shall be unlawful.
      (7)   Abandoned property; junk. It shall be unlawful to discard, abandon or accumulate garbage, trash, junk, debris or other abandoned property within the city limits except at duly authorized and maintained disposal sites. Penalty, see § 9-3-99.
      (8)   Unauthorized dumping.
         (a)   The discarding or accumulation of debris, trash, junk, garbage or abandoned property upon any public or private property within the city, other than at places specifically designated as garbage dumps or disposal areas, is prohibited. Penalty, see § 9-3-99.
         (b)   Exception. The accumulation of junk, debris or other abandoned property may occur within the confines of lawfully established junkyards, wrecking yards, storage yards or other establishments which are legally licensed and zoned for the operation of such types of business and which fully comply with all federal and state laws and regulations pertaining to operation of such businesses.
      (9)   Notice and abatement; removal. Upon notice from the City Manager or designee of city, the owners and occupants, if different, of property upon which there are accumulations of debris, trash, junk, garbage or abandoned property shall remove the same within the time allotted by such notice. Upon failure of the owner or occupant to do so, the enforcement officer shall cause the same to be removed and the cost of such removal shall be charged to the owner. Such charge until paid shall be a lien upon the property when notice thereof is recorded among the public records of the county. The owner or owner and occupant shall be given at least five days’ notice before further action is taken by the city.
      (10)   Removal procedures from public property.
         (a)   Whenever the City Manager or designee of the city ascertains that an article or articles of abandoned personal property are present on public property within the limits of the city, he or she shall make every reasonable effort to ascertain the owner and to notify the same; and in the event the owner cannot be ascertained or cannot be located, he or she shall cause a notice to be placed upon such article in substantially the following form:
      “NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY.”
      “This property, to wit: (setting forth a brief description) is unlawfully upon public property known as (setting forth a brief description of location) and must be removed within five days from date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and disposed of by order of City of Kissimmee. Dated this: (setting forth the date of posting of note). Signed: (setting forth name, title, address and telephone number of enforcement officer).”
         (b)   Such notice shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. If the owner of the real property is a governmental entity other than the city, then in addition to posting, the City Manager or designee shall send by certified mail a copy of the notice to the governmental entity or department thereof.
         (c)   If at the end of five days after posting such notice the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles from public property or shown reasonable cause for failure so to do, the City Manager or designee may cause the article or articles of abandoned property to be removed and, following storage of the article or articles for a minimum of ten days, to be disposed of and the salvage value, if any, of such article or articles shall be retained by the city to be applied against the cost of removal, storage and disposal thereof.
      (11)   Removal procedures from private property.
         (a)   Whenever the City Manager or designee of city shall ascertain that an article or articles of abandoned property are present on private property within the limits of city in violation of any zoning ordinance or regulation, antilitter ordinance or other similar ordinance or regulation of the city, he or she shall make every reasonable effort to ascertain the owner and to notify the same; and in the event the owner cannot be ascertained or cannot be located, he or she shall cause a notice to be placed upon such article in substantially the following form:
      “NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY.”
      “This property, to wit: (setting forth a brief description) located at (setting forth a brief description of location) is improperly stored and is in violation of (setting forth ordinance or regulation violated) and must be removed within ten days from date of this notice; otherwise, it shall be presumed to be abandoned property and will be removed and destroyed by order of City of Kissimmee. Dated this: (setting forth date of posting of notice). Signed: (setting forth the name, title, address and telephone number of enforcement officer).”
         (b)   Such notice shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements for a period of five days. In addition to posting, the City Manager or designee shall mail a copy of the notice to the owner of the real property upon which the abandoned articles are located as shown by the real estate tax records used by the city on or before the date of posting of such notice.
         (c)   If at the end often days after posting such notice the owner or any person interested in the abandoned article or articles described in such notice has not removed the article or articles and complied with the ordinance or regulations cited in the notice, the City Manager or designee may cause the article or articles of abandoned property to be removed and disposed of and the salvage value, if any, of such article or articles shall be retained by the city to be applied against the cost of removal and disposal thereof.
      (12)   Immunity of City Manager or designee. The City Manager or any person authorized by the City Manager shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section.
      (13)   Mislaid property; notice; abatement; removal; disposal.
         (a)   The discarding or accumulation of mislaid property upon any public or private property within the city is prohibited. Upon order of a law enforcement officer, the owners or possessors of the mislaid property shall cause the same to be removed or provide for its removal within the time allotted by such order. Failure to do so shall authorize the law enforcement officer to seize the mislaid property and issue notice of its storage location and time for retrieval.
         (b)   Upon receipt of notice from a law enforcement officer of the city, the owners or possessors of the mislaid property shall retrieve the property from the City Police Department within 90 days from receipt of the notice.
         (c)   If, at the end of the 90 days after receipt of notice, the owner or any person interested in the mislaid property has not retrieved the property, all rights, title and interest to the mislaid property shall immediately vest in the City Police Department. The City Police Department may dispose of the property and the salvage values, if any, shall be retained by the City Police Department to be applied against the cost of removal, storage and disposal thereof.
   (F)   Exterior property areas.
      (1)   Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
      (2)   Grading and drainage.
         (a)   All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
         (b)   Exception. Approved retention areas and reservoirs.
      (3)   Sidewalks and driveways.
         (a)   All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from mildew, the overgrowth of grass and weeds, and hazardous conditions such as but not limited to cracks or uneven surfaces that create a tripping hazard.
         (b)   All public sidewalks and driveway aprons located within the right-of-way shall be made of concrete and shall not be painted, tiled, bricked, stuccoed or other unless otherwise permitted by the city.
      (4)   Weeds.
         (a)   Intent. The City Commission declares that all real property within the corporate limits should be maintained in a well-kept manner which will preserve property values, promote the general welfare and present a pleasing appearance. It is further declared that the existence on certain lots and real property of conditions detrimental to the public health, safety and general welfare of the residents of the city contributes substantially to the problems of and the necessity for excessive expenditures for the protection against hazards and diminution of property values, prevention of crime, prevention of fire and prevention of general nuisance.
         (b)   Standards for mowing lots. Any real property accumulating rank growth of weeds, grass, invasive species, trees, plants or undergrowth of any conditions which may serve to communicate fire or serve as a breeding place for or harbor insects, rodents, snakes or other pests or vermin; or any property which is likely to be detrimental to the health and welfare of the community; or any vacant property upon which grass, weeds or other vegetation is allowed to exceed 18 inches in height above the ground upon a substantial portion of its area; or any occupied lot with a lawn which exceeds 12 inches in height above the ground shall be and hereby is declared to be a nuisance and it shall be unlawful for any owner of property to permit such conditions to exist on his property. Any real property within the city with an area greater than 25 acres which is currently agriculture exempt at the Tax Assessor’s Office or platted conservation areas are not required to comply with vegetation height limits contained herein. No real property, however, shall be exempted from provisions herein which prohibit accumulation of garbage, rubble, or debris or conditions which may serve to communicate fire or serve as a breeding place for or harbor insects, rodents, snakes or other pests or vermin. Penalty, see division (F)(4)(e) below.
         (c)   Standards for clearing lots. Any real property accumulating palmettos, vines or garbage, unsanitary or noxious matter, rubble, debris or any conditions which may serve to communicate fire or serve as a breeding place for or harbor insects, rodents, snakes or other pests or vermin; or upon which pools of stagnate water are or likely to be formed; or any property which is likely to be detrimental to the health and welfare of the community shall be and hereby is declared to be a nuisance and it shall be unlawful for any owner of property to permit such condition to exist on his or her property.
         (d)   Types of violations and manner of notice.
            1.   Mowing lots. Whenever the owner of any real property permits a violation of division  (D)(4)(b) above and such a violation can be remedied by mowing or minor cleaning, the City Manager or his or her designated agent shall give said owner seven days from receipt of notice in writing to correct such situation, giving the owner the city cost to remedy the situation, based on the cost per man-hour and per equipment hour needed to perform the necessary work. If such owner fails to remedy the situation or fails to appeal the notice, as provided in this section, within the period provided for such appeal, the city shall perform or cause to be performed the necessary work to bring the property in compliance with the standards set forth in this section. Notice provided herein shall be given by mailing by certified letter to the address found on the tax rolls of Osceola County. If the owner of the offending property cannot be determined from the tax rolls, or the address of the owner cannot be determined, notice provided herein shall be given by posting a notice in a conspicuous place on said property.
            2.   Clearing lots. Whenever the owner of any real property permits a violation of  division (F)(4)(c) above the City Manager or his or her designated agent shall give the owner 30 days from receipt of notice in writing to correct the situation. Notice provided herein shall be given by mailing a certified letter to the address found on the tax rolls of the county. If the owner of the offending property cannot be determined from the tax rolls, or the address of the owner cannot be determined, notice provided herein shall be given by posting a notice in a conspicuous place on said property.
         (e)   Appeal procedure.
            1.   When an owner of real property receives a notice of violation as described in division (F)(4)(b) above, he or she may file with the City Manager, within seven days of receipt of notice, an appeal requesting a hearing before the City Commission at its next regular or special meeting. In case of appeal, the city shall not perform or cause to be performed the work provided in the notice until the City Commission has heard the appeal and made a determination on the matter.
            2.   When an owner of real property receives a notice of violation as described in division (F)(4)(c) above, he or she may file with the City Manager an appeal, requesting a hearing before the City Commission at its next regular or special meeting. In the case of appeal, no further action will be taken until the Commission has heard the appeal and made a determination on the matter.
         (f)   Penalty. Whoever violates any provision of this section for which another penalty is not already otherwise provided, shall be subject to the general penalty of this code set forth in § 1-1-99 and shall be prosecuted pursuant to F.S. Ch. 162, cited as the Local Government Code Enforcement Board Act, either Part I or Part II. As an additional remedy the operation or maintenance of any device, instrument, vehicle, machinery, or business which violates any of the provisions of this section shall be declared a public nuisance and subject to abatement similarly by restraining order, injunction, or revocation of occupational license, both temporarily or permanently by the City Manager or designee.
      (5)   Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
      (6)   Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
      (7)   Accessory structures. All accessory structures, including detached garages shall comply with the regulatory codes as adopted by the City of Kissimmee in effect at the time of construction and shall be maintained structurally sound and in good repair.
      (8)   Motor vehicles, lawn mowers and other motorized equipment. Except as provided for in other regulations, no abandoned, inoperative or discarded motor vehicle shall be parked, kept or stored on any premises or street(s) adjacent to the property.
      (9)   Parking of commercial vehicles. Except as provided for in other regulations, commercial vehicles (as defined in § 14-2-240) shall not be parked or stored on any lot or street in any commercial district.
      (10)   Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property. It shall be the responsibility of the owner to restore any damaged or defaced surface to an approved state of maintenance and repair. Offenses against property shall be governed by Chapter 12-3.
      (11)   Fences. All fences shall be kept in good repair, free of holes, breaks, missing segments or slats, loose or rotting material, mold, mildew rust, corrosion, or other similar growths. Fences shall be structurally sound and shall not be supported by means other than the structural support incorporated into the fence. Chain link fences installed after April 15, 2003, must be vinyl-coated in accordance with § 14-2-94(D)(6) of the Land Development Code. If repairs are necessary, they shall be done in such a way as to appear inconspicuous by remaining consistent with the existing fence.
      (12)   Walls. Decorative and freestanding walls shall be kept in good repair, free of holes, breaks, missing segments or components, loose or rotting material, mold, mildew, corrosion, or other similar growths. Walls shall be structurally sound and shall not be supported by means other than the structural support incorporated into the wall. Walls must be painted, stained, treated or finished in a uniform manner. Walls constructed with decorative masonry material are exempt from being painted or finished. Plain concrete block or stucco walls do not qualify for this exemption. If repairs are necessary, they shall be done in such a way as to appear inconspicuous by remaining consistent with the existing wall.
      (13)   Mailboxes. All mailboxes shall be maintained structurally sound and in good repair, to include the box, post, and all attachments.
      (14)   Construction projects. During construction, the site shall be kept in a manner that is orderly and free of refuse. The storage of materials and equipment that are not used in conjunction with the construction of the site shall be prohibited. Once construction has ceased for a period longer than six  months, all construction related materials and equipment shall be removed from the premises.
         (a)   Screening of sites under construction. Where temporary screening is used to block the view of a ongoing construction site, the solid wood or closed knitted polyethylene screening must be maintained and presented in a neat and orderly fashion that is kept in good repair free of holes, breaks, missing segments or components, mold, mildew, corrosion, or other similar growths.
         (b)   Waste. Those items being discarded must be kept in a roll-off container approved by the Sanitation Division.
      (15)   Lawn care and landscaping. The property owner shall be jointly and severally responsible for the regular and continuance maintenance and protection of all landscaping, including the irrigation system, on private property and in abutting rights-of-way. The city approved landscaping and irrigation plan shall be the regulating document which governs the plant materials and placement. Any proposed change to any landscaping or irrigation shall be reviewed and approved by the Development Services Planning Division in accordance with §§ 14-2-90 through 14-2-97 of the Land Development Code prior to installation.
         (a)   Standards.
            1.   All landscaping and vegetation shall be maintained in a healthy growing condition so as to present a neat and orderly appearance at least equal to the original installation and shall be free from disease, pests, weeds, refuse and debris at all times.
            2.   Lawns (including the grass and weeds thereon) shall not exceed 12 inches m height on developed property. Refer to division (F)(4) for undeveloped and vacant property and any property with an area greater than 25 acres which is currently agriculture exempt at the Tax Assessor’s Office.
            3.   Vegetation shall comply with all codes including visibility at intersections and requirements for hedges. Where support cabling/bracing of vegetation is provided at the time of installation, the cables and braces shall be removed no later than one year after installation to prevent damage to the vegetation.
            4.   Upon determination by the city, or city-designated qualified specialist, that a required tree or plant is dead or severely damaged or diseased, the tree or plant shall be replaced by the owner with the same or equivalent plant material as approved by the city, in accordance with the standards specified in §§ 14-2-90 through 14-2-97.
            5.   Any dead vegetation and landscaping material shall be promptly replaced with healthy, living plants.
            6.   Vegetation adjacent to public sidewalks and public streets shall not encroach onto the sidewalk or street surface except that turf or turf grass and ground cover should be kept trimmed to the edge of the sidewalk or street surface. The branches of trees and shrubs which grow above sidewalks shall provide a minimum of seven feet of vertical clearance and above streets and alleys a minimum of 14 feet of vertical clearance.
            7.   It shall be unlawful to blow, rake or dispose of grass clippings, tree trimmings and other vegetative material in the right-of-way or on the property of another or upon any street or alley or into waters within the city or directly or indirectly into the municipal storm sewer system. This division (F)(15)(a)7. shall not be construed to prohibit the use of mulching lawn equipment.
            8.   The plantings, fences, walls, and berms that constitute a buffer must be properly maintained in order for the buffer to fulfill the purpose for which it is established. Such maintenance shall include all actions necessary to keep the buffer free of litter and debris, and to keep plantings, wall, fences, and berms in good repair and neat appearance. All buffer material shall be protected from damage by motor vehicles or pedestrians which could reduce the effectiveness of the buffer.
            9.   It shall be unlawful to remove a tree that is over 30 inches in diameter for commercial properties and four inches in diameter for all other properties without receiving authorization and permit from the city. Refer to § 14-2-93 for tree removal criteria and standards. If approved, permitted and removed, the entire tree which includes limbs, trunk and stump shall be removed to the existing grade.
            10.   The removal of vegetation or trees required by this section and the failure to replace required vegetation or trees when such vegetation or tree dies or is removed, shall be unlawful. Replacement vegetation or trees shall meet the size and grade requirements.
            11.   All trees may be pruned to maintain a shape and promote their shade-giving qualities. They should be pruned to remove diseased or dying portions in areas where falling limbs could be a hazard to people or property. It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree, or other tree on public or private property. HATRACKING or TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove more than approximately one-third of the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or other obstructions where other pruning practices are impractical may be exempted by the City Manager or designee at the determination of the department.
            12.   Maintenance of abutting right-of-way. The property owner shall be responsible for the maintenance of all vegetation within abutting rights-of-way as prescribed in division (F)(15)(a)1. through 11. listed above. This maintenance responsibility shall also include other landscaping maintenance responsibilities when set forth between the owner and the governmental entity responsible for the maintenance of the right-of-way in a maintenance agreement or other valid document.
            13.   Maintenance of internal retention/detention ponds and ditches/swales. The property owner shall be responsible for the maintenance of all ponds, ditches and swales located on private property as prescribed in division (F)(15)(a)l. through 11. listed above. This maintenance responsibility shall also include other landscaping maintenance responsibilities when set forth between the owner and the governmental entity responsible for the maintenance of a pond or ditch outlined in a maintenance agreement or other valid document.
            14.   Dead and dangerous trees. Any tree which shall endanger the health, safety or welfare of any person or property shall be removed within ten days by the owner in accordance with the requirements of Chapter 14-2 of this Code, upon notification by the City Manager or designee. Any tree which is dead, or of which a significant portion is dead, shall likewise be removed as provided herein, upon notification.
               A.   Failure of the owner to remove the dead or dangerous tree within the time period provided shall be unlawful. Alternative enforcement may be obtained by Code Enforcement Board action.
               B.    Whenever the required tree removal is not completed within ten days after notification, the City Manager or designee may cause the tree or trees to be removed.
               C.   When removal is required by the efforts of the city, the cost of such removal shall be assessed to the record owner of the real property. If not paid within 30 days, the cost shall constitute a lien on the real property and may be collected by instituting a civil proceeding in a court of proper jurisdiction in a manner provided by law. Following the 30 days, interest shall accrue on the unpaid balance at a rate of 8% per year. Cost of removal shall include but not be limited to the actual expenses of the required work, expenses of inspection, newspaper publication costs, title search fees, reasonable attorney’s fees, and any costs incurred in identifying, locating, or contacting the owner or appellant.
               D.   Any monies received from the sale of the real property, over and above the costs incurred, shall be paid to the owner of record or other persons who may show themselves to be lawfully entitled thereto.
            15.   Irrigation systems shall be constantly maintained to eliminate waste of water due to loss of heads, broken pipes or misadjusted nozzles. Repairs or replacements shall be replaced within seven days after notification.
            16.   The city may conduct periodic inspections to assure compliance with the maintenance requirements of this section. Any tree deemed to be hazardous and/or dead shall be regulated by § 9-3-6.
         (b)   Correction of violation. If at any time after the issuance of a certificate of occupancy, the landscaping of a development to which this section is applicable is found to be in nonconformance, the Development Services Department shall issue a notice to the property owner that action is required to comply with this section and shall describe what action is necessary to comply. The owner, tenant, or agent shall have seven days from receipt of notice in writing to restore the landscaping (or replaced with a similar species approved by the Department) as required with a longer period authorized only for a species with a special planting season. If the owner or tenant fails to correct the violation or to appeal the notice, the city shall perform or cause to be performed the required work to correct the violation. The property owner shall be responsible for any cost incurred by the city for correcting the violation. The cost to correct the violation will be based on the cost per man hour and per equipment hour needed to perform necessary work. The minimum charge will be $300.
         (c)   Appeal procedure. When an owner or tenant receives a notice of violation for this lawn care and landscaping division (F)(15), they may file an appeal with the City Manager or designee within seven  days of receipt of notice. The dity shall not perform or cause to perform any work until the appeal has been resolved.
      (16)   Sign maintenance. All signs shall be maintained by the owner of the property on which the sign is located.
         (a)   All signs, including but not limited to their supports, braces, guys, anchors, electrical parts, lighting fixtures, and all painted and display areas shall be maintained in a safe, legible condition, and shall not be in a state of disrepair.
         (b)   All signs shall be structurally sound and comply with the Standard Building Code, National Electrical Code and good engineering practice.
         (c)   Maintenance shall be such that signage continues to conform to the conditions imposed by the sign permit.
         (d)   All parts and supports shall be routinely painted where no peeling, flaking or fading exists and repaired when in an unsafe, deteriorated, or rotted condition.
         (e)   A damaged sign, including signs vandalized or subjected to graffiti, shall be repaired within a maximum of 30 days.
         (f)   Metal pole covers and sign cabinets shall be kept free of rust and rust stains.
         (g)   Internally illuminated sign cabinets or sign panels that have been damaged shall remain un-illuminated until repaired.
         (h)   Signs shall be kept vertical, upright positions at all times.
         (i)   Vehicle dependent signs such as building identification signs, pole signs, monument signs, projecting signs, movie theater signs, awning signs, wall signs, billboards, cold air balloons, banners, real estate signs, model house signs, contractor signs, project signs and any other similar sign shall be legible at a distance of 100 feet at all times. Pedestrian dependent signs such as under-canopy sign, window signs, directory signs, garage sale signs, pedestrian oriented signs, and menu boards shall be legible at all times.
         (j)   Associated landscaping provided around the base of the sign shall be maintained in accordance with division (F)(16) above.
         (k)   Any awning or marquee and its accompanying structural member which extends over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event that such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed. In the event that said awnings or marquees are made of cloth, plastic or of similar materials, said cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, ripping, tearing or other holes, or droopiness. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
         (l)   Maintenance of legal non-conforming signs shall be consistent with § 14-2-161 of the Land Development Code.
         (m)   The surface of the ground under and about any free standing sign shall be kept free of weeds, rubbish, or flammable waste material.
         (n)   Damaged, defaced, or poorly maintained conforming signs must be repaired within a maximum of 30 days after notice by the City Manager or designee, and if not so repaired they will be deemed abandoned and unlawful advertising and must be removed upon the order of the Development Services Director or designee.
         (o)   The face of any sign or advertising structure now or hereafter existing, which advertises a business, commodity, service, entertainment, activity, or event which has been discontinued, or is located on property which has been vacant and unoccupied, shall be replaced with similar blank faced material. Any portion of the building or surface that is uncovered due to removal of a sign shall be restored to a condition free from holes, breaks and loose or rotting materials and maintained weatherproof and properly surface coated where required to prevent deterioration.
         (p)   Any sign determined to be hazardous, defective, damaged or substantially destroyed by the City Manager or designee shall be removed by the owner of the sign or be repaired or modified so that the condition no longer exists within 30 days of written notification.
   (G)   Swimming pools, spas and hot tubs.
      (1)   Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. The latest edition of the Standard Swimming Pool Code is hereby adopted as the swimming pool code of the city. The regulations contained in said code shall be supplemented by other city code sections regulating swimming pools contained in this chapter.
      (2)   Enclosures.
         (a)   Private swimming pools, hot tubs and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier at least 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.
         (b)   Exception. Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
   (H)   Exterior structure.
      (1)   General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
         (a)   Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
            1.   The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
            2.   The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
            3.   Structures or components thereof that have reached their limit state;
            4.   Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;
            5.   Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
            6.   Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
            7.   Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
            8.   Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
            9.   Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
            10.   Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
            11.   Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
            12.   Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
            13.   A.   Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
               B.   Exceptions.
                  (i)    When substantiated otherwise by an approved method.
                  (ii)   Demolition of unsafe conditions shall be permitted when approved by the City Manager or designee.
      (2)   Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices; porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
      (3)   Premises identification. All buildings used as dwellings or places of business which abut on, also lots abutting on, any of the streets of the city, shall be numbered in accordance with §§ 13-1-31 through 13-1-35. The design and material of numbers shall be maintained in a neat and orderly fashion and displayed at all times.
      (4)   Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
      (5)   Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
      (6)   Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
      (7)   Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
      (8)   Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
      (9)   Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
      (10)   Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
      (11)   Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
      (12)   Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every exterior flight of stairs shall comply with the Florida Building Code.
      (13)   Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. No windows, door, or building exteriors shall be covered with but not limited to, aluminum foil, cardboard, plywood, or plastic, except during construction or pending repairs not exceeding 30 days.
         (a)   Glazing. All glazing materials shall be maintained free from cracks and holes.
         (b)   Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.
      (14)   Insect screens.
         (a)   Every door, window and other outside opening required for ventilation of food preparation areas, food service areas or any areas where products to be included or utilized for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch, and every screen door used for insect control shall have a self-closing device in good working condition. All screens on doors or windows shall not be torn or in need of repair or replacement.
         (b)   Exception. Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
      (15)   Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Florida Building and Fire Codes.
      (16)   Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
         (a)   Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than one inch. Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.
         (b)   Windows. Operable windows located in whole or in part within six feet (1,828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.
      (17)   Burglar bars, grilles, and grates. The use of burglar bars, including but not limited to bars, grilles, rolling or track doors, or grates used for the sole purposes of providing security measures shall be installed and maintained in accordance with the Florida Building and Fire Codes. Such security measures shall remain in the open position during business hours.
   (I)   Interior structure.
      (1)   General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
         (a)   Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with all regulatory codes of the city as required for existing buildings:
            1.   The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
            2.   The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
            3.   Structures or components thereof that have reached their limit state;
            4.   Structural members are incapable of supporting nominal loads and load effects;
            5.   Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
            6.   A.   Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
               B.   Exceptions.
                  (i)    When substantiated otherwise by an approved method.
                  (ii)   Demolition of unsafe conditions shall be permitted when approved by the City Manager or designee.
      (2)   Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
      (3)   Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
      (4)   Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
      (5)   Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every interior flight of stairs shall comply with the Florida Building Code.
      (6)   Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
      (7)   Masking of windows. For properties within the B-l (Downtown Commercial) zoning District, refer to § 14-2-30(E)(6) for storefront standards. For all other zoning properties, masking of windows may be allowed if a valid city building permit is active for construction, renovation, or alteration of any building space located at grade where the interior of such space is visible from the public way or private property intended for public use. If utilized, the masking of windows shall:
         (a)   Be limited to the first floor and those areas viewable by the public,
         (b)   Shall be located on the interior of the windows,
         (c)   Paper shall be plain and uniform in color and appearance, and
         (d)   Newspaper or any other similar printed materials, liquid or film shall be prohibited. This section shall not prohibit placement of signage which conforms to §§ 14-2-150 through 14-2-160.
   (J)   Component serviceability.
      (1)   General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition.
         (a)   Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings:
            1.   Soils that have been subjected to any of the following conditions:
               A.   Collapse of footing or foundation system;
               B.   Damage to footing, foundation, concrete or other structural element due to soil expansion;
               C.   Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil;
               D.   Inadequate soil as determined by a geotechnical investigation;
               E.   Where the allowable bearing capacity of the soil is in doubt; or
               F.   Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table.
            2.   Concrete that has been subjected to any of the following conditions:
               A.   Deterioration;
               B.   Ultimate deformation;
               C.   Fractures;
               D.   Fissures;
               E.   Spalling;
               F.   Exposed reinforcement; or
               G.   Detached, dislodged or failing connections.
            3.   Aluminum that has been subjected to any of the following conditions:
               A.   Deterioration;
               B.   Corrosion;
               C.   Elastic deformation;
               D.   Ultimate deformation;
               E.   Stress or strain cracks;
               F.   Joint fatigue; or
               G.   Detached, dislodged or failing connections.
            4.   Masonry that has been subjected to any of the following conditions:
               A.   Deterioration;
               B.   Ultimate deformation;
               C.   Fractures in masonry or mortar joints;
               D.   Fissures in masonry or mortar joints;
               E.   Spalling;
               F.   Exposed reinforcement; or
               G.   Detached, dislodged or failing connections.
            5.   Steel that has been subjected to any of the following conditions:
               A.   Deterioration;
               B.   Elastic deformation;
               C.   Ultimate deformation;
               D.   Metal fatigue; or
               E.   Detached, dislodged or failing connections.
            6.    Wood that has been subjected to any of the following conditions:
               A.   Ultimate deformation;
               B.   Deterioration;
               C.   Damage from insects, rodents and other vermin;
               D.   Fire damage beyond charring;
               E.   Significant splits and checks;
               F.   Horizontal shear cracks;
               G.   Vertical shear cracks;
               H.   Inadequate support;
               I.   Detached, dislodged or failing connections; or
               J.   Excessive cutting and notching. Exceptions:
                  (i)   When substantiated otherwise by an approved method.
                  (ii)   Demolition of unsafe conditions shall be permitted when approved by the City Manager or designee.
   (K)   Handrails and guardrails. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every exterior and interior flight of stairs shall comply with the Florida Building Code.
   (L)   Rubbish and garbage.
      (1)   Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.
      (2)   Disposal of rubbish.
         (a)   Every occupant of a structure shall dispose of all rubbish in accordance with Chapter 10-1 of the Code of Ordinances in a clean and sanitary manner by placing such rubbish in approved containers.
         (b)   Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first legally removing the refrigerant and doors per § 12-4-30 of the Code of Ordinances.
      (3)   Disposal of garbage. Every occupant of a structure shall dispose of garbage in accordance with Chapter 10-1 of the Code of Ordinances in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers.
      (4)   Garbage or refuse containers. All containers, including dumpsters and compactors shall be stored in accordance with the approved site plan per § 14-2-94(D)(2) of the Land Development Code.
      (5)   Junk and trash. It shall be unlawful for any person to dispose of or cause to be disposed of any garbage, rubbish, junk, trash or other waste materials upon property other than a lawfully operated garbage dump or sanitary landfill. Excessive amounts of cuttings and clippings shall be removed immediately following the mowing or pruning activity. It shall be unlawful to dispose of grass clippings, tree trimmings and other vegetative material in the right-of-way or on the property of another or upon any street or alley or into waters within the city or directly or indirectly into the municipal storm sewer system.
   (M)   Pest elimination.
      (1)   Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
      (2)   Owner. The owner of any structure which leases the structure shall exterminate at least once a year.
      (3)   Single occupant. The occupant of a single-tenant nonresidential structure shall be responsible for extermination on the premises.
      (4)   Multiple occupancy. The owner of a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination.
      (5)   Occupant.
         (a)   The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
         (b)   Exception. Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.
   (N)   Light, ventilation and occupancy limitations.
      (1)   General.
         (a)   Scope. The provisions of this section shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.
         (b)   Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this section.
         (c)   Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted.
      (2)   Light.
         (a)   All spaces. All spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.
         (b)   Exterior lights. It shall be unlawful for any exterior light fixtures to shine directly toward adjacent property and right-of-way.
      (3)   Occupancy limitations. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.
   (O)   Plumbing facilities and fixture requirements.
      (1)   General.
         (a)   Scope. The provisions of this section shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided.
         (b)   Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this section.
      (2)   Required facilities.
         (a)   Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants.
         (b)   Employees’ facilities.
            1.   A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
            2.   Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
         (c)   Public toilet facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.
      (3)   Toilet rooms.
         (a)   Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
         (b)   Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.
         (c)   Location of employee toilet facilities.
            1.   Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet. Employee facilities shall either be separate facilities or combined employee and public facilities.
            2.   Exception. Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet from the employees’ regular working area to the facilities.
         (d)   Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
      (4)   Plumbing systems and fixtures.
         (a)   General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
         (b)   Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and
cleaning.
         (c)   Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the City Manager or designee shall require the defects to be corrected to eliminate the hazard.
      (5)   Water system.
         (a)   General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the codes designated under the Florida Building Code.
         (b)   Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
         (c)   Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
         (d)   Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110 degrees Fahrenheit (43 degrees Celsius). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
      (6)   Sanitary drainage system.
         (a)   General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.
         (b)   Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.
         (c)   Grease interceptors. Where it has been determined that a grease interceptor is not being maintained and serviced as intended by this section and the manufacturer’s instructions, an approved interceptor monitoring system shall be provided or a maintenance program shall be established with documentation submitted to the City Manager or designee.
      (7)   Storm drainage.Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance.
   (P)   Mechanical and electrical requirements.
      (1)   General.
         (a)   Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided.
         (b)   Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this section.
      (2)   Heating facilities.
         (a)   Facilities required. Heating facilities shall be provided in structures as required by this section.
         (b)   Heat supply.
            1.   Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68 degrees Fahrenheit (20 degrees Celsius) in all habitable rooms, bathrooms and toilet rooms.
            2.   Exceptions.
               A.   When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
               B.   In areas where the average monthly temperature is above 30 degrees Fahrenheit (-1 degrees Celsius) a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) shall be maintained.
         (c)   Occupiable work spaces.
            1.   Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) during the period the spaces are occupied.
            2.   Exceptions.
               A.   Processing, storage and operation areas that require cooling or special temperature conditions.
               B.   Areas in which persons are primarily engaged in vigorous physical activities.
         (d)   Room temperature measurement. The required room temperatures shall be measured three feet above the floor near the center of the room and two feet inward from the center of each exterior wall.
      (3)   Mechanical equipment.
         (a)   Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating
appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
         (b)   Removal of combustion products.
            1.   All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
            2.   Exception. Fuel-burning equipment and appliances which are labeled for unvented operation.
         (c)   Clearances. All required clearances to combustible materials shall be maintained.
         (d)   Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
         (e)   Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
         (f)   Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved.
      (4)   Electrical facilities.
         (a)   Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this division (N)(4) and division (N)(5) below.
         (b)   Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with National Electric Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
         (c)   Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the City Manager or designee shall require the defects to be corrected to eliminate the hazard.
            1.   Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water.
               A.   Electrical equipment.
                  (i)   Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaries, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the codes designated under the Florida Building Code.
                  (ii)   Exception. The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement:
                     (I)   Enclosed switches, rated 600 volts or less;
                     (II)   Busway, rated 600 volts or less;
                     (III)   Panelboards, rated 600 volts or less;
                     (IV)   Switchboards, rated 600 volts or less;
                     (V)   Fire pump controllers, rated 600 volts or less;
                     (VI)   Manual and magnetic motor controllers;
                     (VII)   Motor control centers;
                     (VIII)   Alternating current high-voltage circuit breakers;
                     (IX)   Low-voltage power circuit breakers;
                     (X)   Protective relays, meters and current transformers;
                     (XI)   Low- and medium-voltage switchgear;
                     (XII)   Liquid-filled transformers;
                     (XIII)   Cast-resin transformers;
                     (XIV)   Wire or cable this is suitable for wet locations and whose ends have not been exposed to water;
                     (XV)   Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water;
                     (XVI)   Luminaries that are listed as submersible;
                     (XVII)   Motors;
                     (XVIII)   Electronic control, signaling and communication equipment.
               B.   Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire.
                  (i)   Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the codes designated under the Florida Building Code.
                  (ii)   Exception. Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement.
      (5)   Electrical equipment.
         (a)   Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.
         (b)   Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
         (c)   Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire.
      (6)   Elevators, escalators and dumbwaiters.
         (a)   General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the City Manager or designee. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A 17.1, Appendix N, except where otherwise specified by the authority having jurisdiction.
         (b)   Elevators.
            1.   In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied.
            2.   Exception. Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.
      (7)   Duct systems. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function.
(Ord. 2773, passed 8-17-10)
§ 13-1-16  RESERVED.
§ 13-1-17  RESERVED.
§ 13-1-18  RESERVED.
§ 13-1-19  RESERVED.
§ 13-1-20  BUILDING PERMIT FEES.
   (A)   Commercial permit fees.  There shall be one building permit issued which shall also be deemed the electrical, plumbing, mechanical and roofing permit for commercial construction projects. All subcontractors working in these trades on the project shall be listed on the permit application, along with their state license numbers. The general contractor shall be responsible for obtaining the required permit, and shall immediately notify the Department of any change in subcontractors.  All commercial permit fees shall be based on construction and are inclusive of plan review fees, and shall be paid as required at the time of filing the permit application in accordance with the following schedule.
 
Project Valuation
Building permit
Plan Review
Base Fee
$1.00 to $1,000
$33.68
$26.12
$59.80
$1,001 to $50,000
 
 
 
   First $1,000
$33.68
$26.12
$59.80
   Each additional $1,000 or fraction thereof
$18.56
$14.39
$32.95
$50,001 to $100,000
 
 
 
   First $50,000
$942.99
$731.34
$1,674.32
   Each additional $1,000 or fraction thereof
$9.43
$7.31
$16.74
$100,001 to $250,000
 
 
 
   First $100,000
$1,414.48
$1,097.01
$2,511.49
   Each additional $1,000 or fraction thereof
$6.06
$4.70
$10.76
$250,001 to $500,000
 
 
 
   First $250,000
$2,323.78
$1,802.23
$4,126.01
   Each additional $1,000 or fraction thereof
$9.30
$7.21
$16.50
$500,001 to $1,000,000
 
 
 
   First $500,000
$4,647,57
$3,604.45
$8,252.02
   Each additional $1,000 or fraction thereof
$6.47
$5.22
$11.96
$1,000,000 and over
 
 
 
   First $100,000
$8,015.37
$6,216.38
$14,231.75
   Each additional $1,000 or fraction thereof
$3.37
$2.61
$5.98
 
   (B)   Multi-family permit fees. There shall be one building permit issued which shall also be deemed the electrical, plumbing mechanical and roofing permit for multi-family construction projects. All subcontractors working in these trades on the project shall be listed on the permit application, along with their state  license numbers. The general contractor shall be responsible for obtaining the required permit, and shall immediately notify the Department of any change in subcontractors.  All multi-family permit fees shall be based on construction valuation and are inclusive of plan review fees, and shall be paid as required at the time of filing the permit application, in accordance with the following schedule.
 
Project Valuation
Building permit
Plan Review
Base Fee
$1.00 to $1,000
$33.68
$26.12
$59.80
$1,001 to $50,000
 
 
 
   First $1,000
$33.68
$26.12
$59.80
   Each additional $1,000 or fraction thereof
$18.56
$14.39
$32.95
$50,001 to $100,000
 
 
 
   First $50,000
$942.99
$731.34
$1,674.32
   Each additional $1,000 or fraction thereof
$9.43
$7.31