(A) Title. This section shall be known as the city Property Maintenance Code, and may be referred to in the short form as this section.
(B) Findings and declaration of policy.
(1) It is hereby found and declared that there exist in the city structures used for residential and nonresidential use which are or may become in the future, substandard with respect to structure, equipment or maintenance.
(2) Conditions, including, but not limited to, structural deterioration, lack of maintenance, and appearance of exterior premises, infestation, lack of essential plumbing facilities, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to the health, safety, welfare, and reasonable comfort of the citizens and inhabitants of the city.
(3) It is further found and declared that by reason of lack of maintenance and because of progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums, and that if the same are not curtailed and removed, these conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhood enhances and the public health, safety, and welfare protected and fostered.
(C) Purpose and authority.
(1) The purpose of this section is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition, and occupancy of residential and nonresidential premises within the city; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators, and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; and to fix penalties for the violation of this section.
(2) It is the intent of this section to establish definitive and practical requirements for maintenance and renovation of existing buildings and structures, and construction of any buildings or structures lying within the city.
(3) It is further the specific purpose of this section to establish such minimum standards for land, building, landscape and property maintenance so as to ensure the public health, safety and welfare of the city and that such standards shall be binding on all landowners, both public and private, with buildings or structures lying within the city.
(4) This section is adopted as a comprehensive strategy consistent with the city's concern with the deterioration of buildings, structures, landscaping, and property buildings and structures within the city.
(D) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All definitions of the Florida Building Code, (FBC), as amended from time to time, are hereby included by reference. In cases of conflict, or perceived conflict, between the definitions contained herein below and that contained in the FBC the definition which affords the greatest protection to the public shall govern.
BUILDING. A structure which encloses space; a structure which gives protection or shelter for any occupancy. The term BUILDING shall be construed as if followed by the phrase "or part thereof." When separated by fire walls, each portion so separated shall be deemed a separate building.
BUSINESS DISTRICTS. Districts B-1, B-2, B-2A, B-3, C-1, PO-1, PO-2, M-1, M-1B, M-2, M-3, M-4, M-5.
COMMERCIAL BUSINESS OR ESTABLISHMENT. Any place, building, and enterprise non-residential in nature devoted in whole or in part to a business enterprise whether non-profit or profit making in nature.
DETERIORATION. The condition or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting, or other evidence of physical decay or neglect, excessive use or lack of maintenance.
ENFORCING AGENCY. The Code Enforcement Division, and the Building, Planning & Zoning, and Engineering Departments of the city.
ENFORCING OFFICER. Any employee of the enforcing agency charged with the responsibility of making inspections of buildings and premises and issuing violation notices when necessary. The term shall be synonymous with inspection officer.
EXPOSED TO PUBLIC VIEW. Any structure or any part thereof, or any building or any part thereof, which may be lawfully viewed by the public or any member thereof, from a sidewalk, street, alleyway, public way, licensed open air parking lot or from any adjoining or neighboring premises.
EXTERIOR OF THE PREMISES. Those portions of a building or structure which are exposed to public view and the open space of any premises outside of any building or structure erected thereon.
EXTERMINATION. The control and elimination of insects, rodents and vermin.
GARBAGE. Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (See also REFUSE, RUBBISH.)
HABITABLE ROOMS. Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water closet compartments, laundries, serving and storage pantries. Corridors, foyers, vestibules, cellars, heater rooms, boiler rooms, utility rooms, and other rooms or spaces that are not used frequently or for an extended period of time or that have less than 50 square feet of superficial floor area shall not be considered as habitable rooms.
INFESTATION. The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
MIXED USE. Any building containing one ore more dwelling units or rooming units and also having a portion thereof devoted to non-dwelling uses or used as a hotel.
NUISANCE. The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead or living plant life, or stagnant water, rubbish, debris, or trash, including any wrecked, derelict or partially dismantled motor vehicle, trailer, boat, machinery, refrigerator, washing machine, plumbing fixture, furniture or similar article, and all other objectionable, unsightly or unsanitary matter upon any property within this city to the extent and in the manner that such property is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property. In addition, NUISANCE shall also mean any public nuisance as defined by statute or ordinance; any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the premises of a building,
or upon an unoccupied lot. This includes, but is not limited to: abandoned walls, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles; any structurally unsound fence or structure; lumber, trash, fences, debris or vegetation such as poison ivy, poison oak, or poison sumac which may prove hazardous for inquisitive minors; physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist; overcrowding of a room with occupants in violation of this section, insufficient ventilation or illumination in violation of this section, or inadequate or unsanitary sewage or plumbing facilities in violation of this section; unsanitary conditions or anything offensive to the sense or dangerous to health in violation of this section; whatever renders air, food, or drink unwholesome or detrimental to the health of human beings; or fire hazards.
OPERATOR/OCCUPANT. A person with legal interest in the premises or in responsible charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner, including, if applicable, a lessee.
OWNER. Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof or shall have charge, care or control of any dwelling unit, as owner or as executor, executrix, administrator, administratrix, trustee, receiver, or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is leasing, subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
PARTIES IN INTEREST. All individuals, associates, and corporations who have interest of record in building and any who are in actual possession thereof.
PREMISES. A lot, plot or parcel of land including the buildings or structures thereof and including the abutting street swale area.
PLACE OF BUSINESS. Any building, structure, yard, lot, premises or part thereof or any other place which one or more persons are engaged in gainful employment.
REFUSE. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, discarded cigarettes, used cardboard, used cans, yard clippings, leaves, scrap wood, discarded glass, discarded bedding, broken crockery, home appliances and other similar materials.
STREET or RIGHT-OF-WAY. Public thoroughfare such as, but not limited to, street, avenue, lane, place, terrace and road, and which is more than 20 feet in width and dedicated or deeded to the public for public use.
STRUCTURE. Anything built or constructed or erected, the use of which requires more or less permanent location on the land, or any composition, artificially build up or composed of parts joined together in some definite manner or any roof-like structure or storage apparatus whether movable or nonmovable which may or may not be self supporting or may or may not be affixed to a STRUCTURE, as defined herein, or to a building.
WEATHERING. Deterioration, decay or damage caused by exposure to the elements.
MEANING OF CERTAIN WORDS. Whenever any words are used in this subchapter, they shall be construed, unless expressly stated to the contrary, to include the plurals of those words and as if they were followed by the words "or any part thereof". The word "shall" shall be applied retroactively as well as prospectively.
(E) Minimum standards for private parking lots.
(1) All buildings and structures for private parking shall be maintained in a secure, safe, and attractive condition. Deteriorated or rusted metal covering on any such existing or subsequently constructed carport structure shall be repaired or replaced so as to render same in a safe and attractive condition that is neither physically nor visually a blighting influence.
(2) The off-street parking facilities shall be identified as to purpose and as to location when not clearly evident from a street or alley. Off-street parking facilities including access aisles and driveways shall be surfaced with Florida Department of Transportation Type S-3 asphaltic concrete course, and maintained in a smooth, well-graded condition without any potholes, pavement deterioration, surface irregularities, and any traffic/safety hazard, provided that driveways, access aisles, and parking spaces for churches and public and private schools and churches offering academic courses may be surfaced with grass or lawn.
(3) All off-street parking facilities for the use of public shall be drained so as not to cause any nuisance on adjacent or public property. All surface storm water shall be drained off the pavement for proper disposal to the designated areas or structures within a reasonable time, not to exceed six hours. All drainage lines and structures shall be maintained properly at all times to insure full efficiency.
(4) The lighting thereon shall be so arranged and designed as to prevent any glare or excessive light on adjacent property. Such facilities shall be arranged for convenient access and safety of pedestrians and vehicles. The lighting shall be maintained properly to deliver an average illumination of 2.0 foot candles at any point within the parking facility for non-residential subdivisions and an average illumination of one-half (½) foot-candle for residential subdivisions.
(5) All car stops, curbing and sidewalks shall be maintained properly to insure safe and convenient vehicle and pedestrian traffic at all times. Broken, damaged or loose car stops and curbing and sidewalks shall immediately be repaired/replaced.
(6) All pavement markings and signage shall be maintained properly at all times to conform to the standards of "Manual of Uniform Traffic Control Devices." All parking spaces, stop bars, directional arrows, centerlines, edge lines and other pavement markings shall be painted properly to be clearly visible and well defined at all times. Stop signs and all other signs shall be maintained properly at all times as to the size, height, material, design, location, visibility, clarity and other features to conform to the "Manual of Uniform Traffic Control Devices".
(7) The off-street parking facilities shall conform at all times to the site plan as approved by the city, including but not limited to the location and size of all regular and handicap parking spaces.
(8) All private commercial parking lots shall be inspected periodically at least once a year by the Engineering Department to insure proper maintenance and conformity to the approved site plan. The owner, tenant, manager, or their agent shall be notified in writing of any discrepancies and shall, within 30 calendar days from the time of notification, correct the discrepancy.
(F) Compliance required. Every residential, nonresidential, or mixed use building or parcel of land located within the city shall comply with the provisions of this section, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this section and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this section.
(G) Higher standard to prevail in case of conflict. In any case where the provisions of this section impose a higher standards than set forth in any other local ordinances or under the laws of the state, then the standards as set forth herein shall prevail, but if the provisions of this section impose a lower standard than any other local ordinances or of the laws of the state, then the higher standard contained in any such other ordinances or law shall prevail.
(H) Enforcement of and compliance with other ordinances. No license or permit or other certification of compliance with this section shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, operator, or occupant from complying with any such other provision, nor any official of the city from enforcing any such other provisions.
(I) Minimum standards for yards and landscaped areas.
(1) No yard, landscape area, or growth of landscape material shall so encroach upon the public right-of-way as to hinder safe and convenient vehicular or pedestrian movement in the public right-of-way.
(2) The owner, tenant, and their agent, if any, shall be jointly and severally responsible for the proper maintenance and protection of landscaping and irrigation systems existing or hereafter installed. Maintenance shall include watering, weeding, mowing, treating, mulching, trimming, removal/replacement of dead or diseased plants and removal of refuse and debris on a regular basis so as to continue a health growing condition and present a neat and well-kept appearance at all times.
(3) Landscaping shall be inspected periodically by the enforcing agency to insure proper maintenance. The owner, tenant, or their agent shall be notified in writing, of any areas which are not being properly maintained and shall, within 30 calendar days from the time of notification, restore the landscaping to a healthy condition.
(J) Maintenance of exterior of premises. The exterior of the premises and all structures thereof shall be kept free of all nuisances, any hazards to the safety of the occupant, pedestrians and other persons utilizing the premises and free of unsanitary conditions. Any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards and unsafe or unsightly conditions which include, but are not limited to:
(1) Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, and debris shall not be permitted on the premises.
(2) Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity thereof shall be removed. Trees shall be kept pruned and trimmed at all times to prevent such conditions.
(3) Overhangings. Loose and overhanging objects which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
(4) Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, and excretions of pets and other animals on paths, walks, drive-ways, parking lots, and parking areas and other parts of the premises which are accessible to the public. Holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery.
(5) Recurring accumulations of storm water. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of storm water.
(6) Sources of infestation.
(7) Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
(8) Chimneys and all flue and vent attachments thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects, and so maintained as to capably perform at all times the functions for which they are designed. Chimney, flues, gas vents, or other draft- producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoketight, and capable of withstanding the action of flue gases.
(9) Exterior porches, landings, balconies, stairs, and fire escapes. Exterior porches, landings, balconies, stairs, and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair, and free from defects.
(10) Appearance of exterior premises and structures. The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property.
(K) Minimum standards for exterior building walls.
(1) Front building walls facing the public rights-of-way shall be maintained in a secure and attractive manner. All defective structural and decorative elements of such building facades shall be repaired or replaced in a workmanlike manner, to match as closely as possible the original materials and construction of the building. All exterior walls shall have all graffiti and loose material removed and patching or resurfacing shall be accomplished to match the existing or adjacent surfaces as to materials, color, bond, and joining. All cornices, trim, windows, and window frames that are damaged, sagging, or otherwise deteriorated shall be repaired or replaced to be made structurally sound and all exposed materials painted, stained, or otherwise treated in a consistent manner. Provided, however, broken or damaged windows may be repaired by replacement of painted plywood or other consistent materials rather than replacement of the windows as provided for in the Building Code.
(2) Side and rear building walls not facing a public right-of-way may be treated in a manner distinct from the building walls fronting on a public right-of- way. Such side and rear building walls, however, shall be maintained fee of graffiti and loose materials and kept in a safe and secure manner and not allowed to deteriorate in a manner that endangers the structure or detracts from the adjoining buildings or structures.
(L) Storage of commercial and industrial material. There shall not be stored or used at a location visible from the sidewalk, street, or other public areas, equipment and materials relating to commercial or industrial use unless specifically permitted under the zoning ordinance for the premises.
(M) Minimum standards for door and window openings.
(1) All windows and doors shall be secured in a tight-fitting and weatherproof manner and have sashes of proper size and design. Sashes with rotten wood, broken joints or deteriorated mullions or muntins shall be replaced.
(2) Storefront windows facing a public right- of-way shall be maintained in an unbroken, clean, and harmonious condition with the use of the public right-of- way and the remainder of the building facade. No window facing the public right-of-way shall be permanently removed and enclosed, covered, or boarded up unless treated as an integral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. All damaged, broken, temporary or permanently closed-up store front windows shall be restored, repaired, or replaced in a satisfactory condition.
(3) Doors and windows not facing the public right-of-way and those upper level window and door openings shall be similarly maintained and repaired as for the doors and windows facing the public right-of- way, except that same may be enclosed or removed provided the sills, lintels, and frames are removed and the opening properly closed to match and be compatible with the design, material, and finish of the adjoining wall of which the opening is a part unless otherwise provided by law.
(N) Reconstructed walls and sidings. Reconstructed walls and siding of structures shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front, such that the material used will not be of a kind that by their appearance under the prevailing appraisal practices and standards will depreciate the values of the neighboring and adjoining premises as aforesaid.
(O) General maintenance. The exterior of every structure or accessory structure (including fences, walls, pools, and pool decks) shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety, and fire hazards eliminated and adjoining properties protected from blighting influences.
(P) Structural and sanitary maintenance.
(1) The outside building walls shall not have any holes, loose boards, or any broken, cracked or damaged finish, which admits rain, cold air, dampness, rodents, insects or vermin.
(2) Every dwelling shall be so maintained so as to prevent infestation.
(3) All parts of the premises shall be maintained so as to prevent infestation.
(4) All parts of the exterior of a dwelling shall be kept in a clean and sanitary condition, free of nuisance, and free from health, safety and fire hazards.
(5) Every roof, roof gutter, flashing, rainwater conductor, and roof cornice shall be weather- and rain-tight and shall be kept in good repair.
(Q) Minimum standards for roofs.
(1) All roofs shall be maintained in a safe, secure and watertight condition.
(2) Roofs shall be maintained in a clean condition and kept free of trash, debris or any other element which is not a permanent part of the building or a functional element of its mechanical or electrical system.
(3) Any false roof, mansard or like roof element or other auxiliary structure on the roof shall be maintained in a safe, secure and good condition.
(R) Minimum standards for appurtenant structures. Chimneys, elevator shafts, mechanical and electrical equipment and devices shall be maintained in a satisfactory state of repair.
(S) Inspections.
(1) The enforcing agency is hereby authorized and directed to make inspections to determine the condition of the buildings and structures governed by this section.
(2) The inspecting officers of the enforcing agency are hereby authorized to enter the properties, buildings and structures governed by this section to examine and survey same, at reasonable hours, to ensure compliance with the minimum standards established by this section.
(3) The owner, operator, lessee, occupant or the person in charge of every business, commercial business, or other non-residential building or structure shall give the inspecting officer free access for the purpose of making such inspection, examination and survey, and shall supply, as correctly and promptly as possible, all information requested by the inspecting officer.
(4) Inspecting officers of the enforcing agency shall be provided with official identification and shall exhibit such identification when making any inspection.
(T) Enforcement. This section shall be enforced and administered as provided by general, state and local laws, and ordinances. The city may choose to enforce this section in accordance with the procedures established for abatement of nuisances set forth in § 155.013(C) of the city code of ordinances and if so enforced will be entitled to all rights and remedies set forth therein.
(U) Nonexclusive remedy. The provisions of this section shall be in addition to such other remedies as may be provided for by law or ordinance.
(V) Penalty. Any person found in violation of any provision of this section shall be punishable as provided by law. (Ord. 987, passed 3-4-92; Am. Ord. 1017, passed 12-16-92; Am. Ord. 1191, passed 11-20-96; Am. Ord. 1300, passed 4-7-99; Am. Ord. 1715, passed 5-2-12)