(a) The Standard Unsafe Building Abatement Code, 1985 edition, as published by the Southern Building Congress International, Inc., shall be known as a part of the "Town of Melbourne Beach Unsafe Building Abatement Code" and is hereby adopted by reference and incorporated herein, as if fully set out. The provisions thereof, shall be controlling within the Town, except to the extent any such provision is in conflict with the Town charter or any Town ordinance or provision therein. The Board of Adjustment as created in Chapter 7A shall serve as the Board of Adjustment and Appeals for this code.
(b) Amendments to Standard Unsafe Building Abatement Code. The Standard Unsafe Building Abatement Code, 1985 edition, is hereby amended as follows:
101.3. The provisions of this code shall apply to all unsafe buildings or structures, as herein defined, and shall apply equally to new and existing conditions. Any reference in this code to the Board of Adjustments and Appeals shall refer to the Board of Adjustment as created in Chapter 7A
of this code.
101.4 Alteration, Repairs or Rehabilitation Work.
101.4.1. Alterations, repairs or rehabilitation work may be made to any existing building. The Building Official shall determine, subject to appeal to the Board of Adjustment the extent, if any, to which the existing building shall be made to conform to the requirements of the applicable Florida Building Code.
302 Notice.
302.1.1 Content. The Building Official shall prepare and issue a notice of unsafe building directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following information:
1. A statement advising that any person having any legal interest in the property may appeal the notice by the Building Official to the Board of Adjustment; and that such appeal shall be in writing in the form specified in Section 401 and shall be filed with the Building Official within 30 days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing.
302.2 Recording of Notice. If the notice is not complied with nor an appeal filed within the allotted time, the Building Official shall file in the Office of the Clerk of the Circuit Court a certificate describing the property and certifying that the building or structure is unsafe and that the owner of record has been served. This certificate shall remain on file until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the Building Official shall file a new certificate indicating that corrective action has been taken and the building or structure is no longer unsafe from that condition.
401 Right of Appeal.
401.1 Filing. Any person entitled to service in accordance with the provisions of Chapter 3 may appeal any action of the Building Official under this code to the Board of Adjustment. Such appeal must be filed in writing with the Building Official within 60 days from the date of service and must contain at least the following information:
1. Identification of the building or structure concerned by street address or legal description.
2. A statement identifying the legal interest of each appellant.
3. A statement identifying the specific order or section being appealed.
4. A statement detailing the issues on which the appellant desires to be heard.
5. The legal signature of all appellants and their official mailing address.
(Ord. 96-01, passed 4-17-96; Am. Ord. 2008-03, adopted 3-19-08; Am. Ord. 2017-05, adopted 12-20-17)