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(A) Purpose of section. The purpose of this section is to protect future residents from the loss of deposits on the purchase of their dwelling by providing for the maintenance of escrow accounts or, in lieu thereof, providing for surety or letters of credit to secure the deposits until closing of the dwelling unit by the purchaser.
(B) Requirement of escrow.
(1) The developer shall be required to place in an escrow account, with a person, firm, or institution having a bona fide fiduciary obligation, all deposits received towards the purchase of any dwelling unit constructed or to be constructed within the city. The deposits shall be released from escrow upon or simultaneously with the closing of the unit.
(2) The developer shall submit to the Chief Building Official, with the developer's application for permit, evidence from the escrow agent that the deposits are placed in an escrow account. If the developer desires to secure a building permit prior to the sale of a dwelling unit, the developer shall deposit with the Chief Building Official a bond as provided in division (B)(3) below. At the time of sale of the unit, the developer may request and the Chief Building Official shall release the bond upon evidence that the deposits have been placed in escrow.
(3) In lieu of placing the purchaser's deposits in escrow, the developer may deposit with the Chief Building Official a bond, approved as to form and substance by the City Attorney, in the form of cash, letter of credit, or other collateral, which shall be held as security for the deposits. That bond shall be in an amount greater than the amount of the deposit or 5% of the selling price of the dwelling unit. Where a developer is building multiple units simultaneously, the aggregate amount of all bonds shall not be required to exceed $100,000 per subdivision. The city shall release the bonds upon the closing of the unit.
(Ord. 87-6, passed 5-20-87; Am. Ord. 1072, passed 5-4-94)
(A) Declaration of intent. The intent of this section is to require property owners whose property is governed by a homeowners' association or condominium association to provide an affidavit indicating their awareness that they may be subject to additional association regulations despite the issuance of a building permit for exterior renovations by the city. This section is intended to protect the city from becoming involved in controversies between property owners and their associations, where property owners may obtain permits from the city for projects inconsistent with the association's regulations. This section is further intended to protect the health, safety and welfare of the citizens and residents of the city by ensuring awareness of all proper regulations prior to the issuance of a building permit.
(B) Definitions.
(1) CONDOMINIUM ASSOCIATION. An association created pursuant to F.S. Chapter 718, to govern and represent the residents of a condominium.
(2) HOMEOWNERS' ASSOCIATION. An association created pursuant to F.S. Chapter 720, to govern and represent the residents of a community.
(C) Affidavit requirement for building permits.
(1) As part of the application process, when applying for a city building permit, every applicant shall sign an affidavit indicating an awareness that if the subject property is located in a homeowner's association or condominium association there may be additional regulations despite the issuance of a permit by the city. Applicants whose subject property is not located within a homeowners' association or condominium association shall submit an affidavit indicating that the subject property is not in such an association and that this section is not applicable.
(2) The Building Department shall, at the applicant's expense, forward by certified mail a copy of the affidavit of awareness to the homeowners' association or condominium association, provided that such association is on the city's master list. The cost of this mailing shall be factored into the city's fees for building permits.
(Ord. 1586, passed 8-1-07)
BUILDING CODE
The city adopts by reference the latest addition of the Florida Building Code, as may be amended from time to time. The provisions of the Florida Building Code, as amended from time to time, shall be in full force and effect in the city to the same extent as though set forth in full herein.
('69 Code, § 6-12) (Ord. 46, passed 11-2-61; Am. Ord. 184, passed 8-19-68; Am. Ord. 1715, passed 5-2-12)
All homes for which building permits were pending at City Hall on January 16, 1978, shall be permitted in accordance with the building code and fee schedule as it existed prior to January 16, 1978. Between January 16, 1978, and February 1, 1978, no builder, developer, or contractor shall be permitted for more homes than he has been permitted for in a pro-rata time period for the next immediate proceeding twelve-month period of time prior to February 1, 1978. For the purpose of this computation, the builder, developer, or contractor shall be authorized additional permits for any homes that he certifies to as having been validly contracted for sale to a bona-fide third party purchaser prior to January 16, 1978.
('69 Code, § 6-24) (Ord. 461, passed 1-16-78; Am. Ord. 1715, passed 5-2-12)
(A) It shall be the duty of the Building and Zoning Department to bring to the attention of the City Commission all amendments to or other changes in the building code adopted in § 150.11, at the times the amendments and other changes are enacted so that the Commission may enact the amendments and changes into ordinance, and keep the building code up-to-date at all times. ('69 Code, § 6-13)
(B) All administrative and technical amendments to the Florida Building Code as applied solely within the jurisdiction of the City Commission shall be enacted in accordance with F.S. § 553.73(4)(a) and (b).
(Ord. 1715, passed 5-2-12)
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