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(A) These regulations shall be known as the Property Maintenance Code of the City of Lake Mary, hereafter referred to as "this code." This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises.
(B) Definitions. For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ABANDONED REAL PROPERTY." Any improved property that is vacant and violates the provisions of this subchapter including, but not limited to, property under a current notice of default and/or notice of mortgagee's sale by the lender or a pending tax assessor's lien sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
"ACCESSIBLE PROPERTY." A property that is accessible through a compromised/breached gate, fence, wall, and the like.
"ACCESSIBLE STRUCTURE." A structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.
"CODE OFFICIAL." Any enforcement officer, including the Code Enforcement Officer, the Police Chief, the Fire Chief, the Fire Marshal, the Building Official, or their designee within their respective areas of responsibilities or other person employed by the City of Lake Mary and designated by the City Manager.
"EVIDENCE OF VACANCY." Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned real personal property, statements by neighbors, passers-by, delivery agents or government agents, among other evidence that the property is vacant.
"FORECLOSURE." The process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults.
"OCCUPIED." To dwell or reside within.
"PRIVATE PROPERTY." All lands and improvements other than public lands and improvements.
"PROPERTY MANAGEMENT COMPANY." A local property manager, property maintenance company or similar entity responsible for the maintenance of real property.
"PUBLIC NUISANCE." Any circumstance where a structure is found to be unsafe, unfit for human occupancy or dangerous to the public health, safety and welfare of the community.
"PUBLIC PROPERTY." Canals, all waterways, lands and improvements owned by a governmental body or any governmental agency including but not limited to, easements and rights-of-way, but excluding the campus of any institution of the state university system.
"RESIDENTIAL BUILDING." Any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, including the buildings and structures located on such improved real property.
"VACANT." Any building/structure that is not legally occupied.
(C) The City of Lake Mary adopts the International Property Maintenance Code, published by the International Code Council, as may be amended from time to time, for regulating and governing the conditions and maintenance of all buildings and structures within the city, and that Code is made a part of this chapter by reference as fully and completely as if set forth herein. A copy of said Code is available online.
(Ord. 370, passed 5-9-88; Am. Ord. 1331, passed 9-3-09; Am. Ord. 1409, passed 12-16-10; Am. Ord. 1467, passed 9-6-12; Am. Ord. 1494, passed 9-19-13; Am. Ord. 1659, passed 2-17-22)