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This chapter is enacted under and pursuant to the provisions of the Home Rule Charter of the City of Palm Bay, Brevard County, Florida, and shall be known and may be cited as the "City of Palm Bay Demolition of Uninhabitable Structures Ordinance."
(Ord. 2007-10, passed 3-1-07)
(A) The City Council hereby finds and declares that in recent years and at present an increased number of uninhabitable structures exist, the maintenance of which is often neglected by the owners thereof. It is furthermore found and declared by the City Council that said structures often become open,unsecured, vandalized, or used for illicit purposes by trespassers, resulting in conditions that are unhealthy, unsafe, unsightly, and a blight upon the neighborhood and community at large, and that the demolition of uninhabitable structures will improve the security and quality of life in general of persons living nearby, will prevent blight and decay, and will safeguard the public health, safety, morals and welfare. In particular, and without prejudice to the above findings, it is found and declared by the City Council that said structures are often used for the distribution and consumption of narcotics and other controlled substances thereby constituting a health and safety hazard to the public and community at large.
(B) The intent and purpose of this chapter is to protect the health, safety, morals, and welfare of all the people of the city by establishing standards governing the demolition of certain structures; authorizing and establishing procedures for the demolition of the same and setting forth a procedure for the enforcement of this chapter by prohibiting human habitation in and ordering the demolition of structures found uninhabitable. This chapter is hereby declared to be remedial and essential to the public interest, and it is intended that this chapter be liberally construed to effectuate the purposes as stated above.
(Ord. 2007-10, passed 3-1-07)
The provisions of this chapter and the standards set forth herein shall be applicable to all structures within the city. The provisions of this chapter shall apply irrespective of when such structure shall have been constructed, altered or repaired, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or for the construction or repair of the structure prior to the effective date of this chapter.
(Ord. 2007-10, passed 3-1-07)
When used in this chapter the following terms shall have the meanings set forth below:
ENFORCEMENT OFFICER.
Any Code Compliance Officer, Housing Inspector; Chief Building Official or Building Inspector; Fire Marshal or Fire Inspector, of the city charged with the responsibility of making inspections of structures and premises and issuing orders when necessary to effectuate the provisions of this chapter.
INTERESTED PARTIES.
The owner as defined in this section and any other person or entity who has previously requested real property ad valorem tax notices with respect to the subject property in accordance with Fla. Stat. § 197.344, as the same may be renumbered or amended from time to time.
OWNER.
The taxpayer with respect to the real property concerned as reflected in the most recently certified real property ad valorem tax roll of Brevard County; provided, however, where the records of the Brevard County Property Appraiser indicate that ownership of the property has changed, the owner shall be the taxpayer as reflected by such records.
UNINHABITABLE STRUCTURES.
Those structures which meet the criteria set forth in § 97.15.
(Ord. 2007-10, passed 3-1-07)
It shall be a violation of this chapter for any person to erect, establish, maintain, own, lease orallow to exist an uninhabitable structure as defined in § 97.15. Any such violation shall be redressed by the city in the manner set forth in this chapter.
(Ord. 2007-10, passed 3-1-07)
If, after inspection, the enforcement officer finds a structure to be uninhabitable, the enforcement officer shall issue a notice stating that the structure has been found to be uninhabitable. Such notice shall be posted in a conspicuous location on the structure which the enforcement officer has determined to be uninhabitable, and shall be in substantially the following form:
ORDER TO DEMOLISH UNINHABITABLE STRUCTURE
This structure has been found by the Enforcement Officer to be uninhabitable pursuant to Chapter 97 of the Code of Ordinances of the City of Palm Bay. THIS STRUCTURE SHALL BE VACATED--SHALL NOT BE OCCUPIED. The owner or holder of a secured interest in this structure shall demolish the same within twenty (20) days of this order or the same may be subject to demolition by the City of Palm Bay. THE OWNER OR HOLDER OF A SECURED INTEREST IN THIS PROPERTY MAY APPEAL THIS FINDING WITHIN TWENTY (20) DAYS OF THE DATE INDICATED BELOW BY SUBMITTING A WRITTEN PETITION TO:
Chairman, Code Enforcement Board
120 Malabar Road, SE
Palm Bay, FL 32907
120 Malabar Road, SE
Palm Bay, FL 32907
CAUTION: FAILURE TO APPEAL MAY RESULT IN THE DEMOLITION OF THIS STRUCTURE WITHOUT FURTHER NOTICE OF HEARING.
___________ _________________________________________
Date Signature of Enforcement Officer
Printed name
Address
Phone Number
(Ord. 2007-10, passed 3-1-07)
Within seventy-two (72) hours of posting the order to demolish an uninhabitable structure pursuant to § 97.09, the enforcement officer shall send the owner and any interested parties a written notice setting forth the defects which render the structure uninhabitable and the time within which the structure must be demolished or appeal requested. Such notice shall be sent by certified or first class mail addressed to all such parties' last known addresses as reflected in the records of the Brevard County Property Appraiser. The lack of a signed return receipt shall not constitute a failure to notify interested parties.
(Ord. 2007-10, passed 3-1-07)
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