HomeMy WebLinkAboutO-02-08ORDINANCE NO. O-02-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
CODE OF ORDINANCES CHAPTER 26 PURSUANT TO STATE
MANDATED ADOPTION OF FLORIDA BUiLDiNG CODE; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the State Legislature adopted the "Florida Building Codes Act"
pursuant to Fla. Stat. 553.70, which mandated local implementation of certain
standardized state-wide construction codes effective March 1, 2002;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 26-31 of the City Code, City of Sebastian, Florida,
is hereby amended to read as follows:
Sec. 26-31. Technical codes adopted.
(a) The city does hereby adopt as building codes for the city the below-
listed editions -~ ,u~ o .... ~.__ o..:,~:__ ,-,_.~ ~, ....... T ...... :A_~, ~_~
copies of which are on file in the office of the community development
depaament and the office of the city clerk and which shall be accessible to
the public upon request during the no~al business hours of the community
development depaament and the city clerk. Such codes, which shall be
refe~ed to as the stand~d codes, ~e hereby made a pa~ of the Code of
Ordinances of the city subject only to specific additions, deletions or
amendments set out in the Code of Ordinances.
(1) Florid___a_a £tan~ard Building Code;
(2) Florid~a gtan~ Fire Prevention Code,
Standard Unsafe Building Abatement Code, Southern Buildin~ Code.
Congress. 1985 edition.
(b) Future editions of the standard codes shall be reviewed by the building
official and shall be presented to the city council for consideration of
adoption and incorporation herein within 90 days of publication thereof.
(c) No construction shall be done within the city limits except in
accordance with the standard codes listed in this section, as amended and/or
expanded by the applicable provisions of this Code. Prcv?:d, ~cw:v:r, t~xt
(d) The construction board established pursuant to section 26-191 of the
city Code of Ordinances shall provide for the final interpretation of the
provisions of the standard codes as amended herein.
Section 2. That section 26-32 of the City Code, City of Sebastian,
Florida, shall be deleted and reserved as follows:
Section 3. That section 26-34 of the City Code, City of Sebastian, Florida,
is hereby amended to read as follows:
Sec. 26-34. Unsafe buildings; content of notice; hearing and appeal.
If the building official finds that, in accordance with the Standard Unsafe
Building Abatement Code, a building or structure is unsafe, a notice of
unsafe building shall be issued to the owner of record of the building or
structure. The notice shall contain, but not be limited to, the following
information:
(1) The street address and legal description of the building, structure or
premises.
(2) A statement indicating the building or structure has been declared
unsafe by the building official, and a detailed report documenting the
conditions determined to have rendered the building or structure unsafe under
the provisions of the Standard Unsafe Building Abatement Code.
(3) A statement advising that if the following required action as
determined by the building official is not completed, it will be ordered
vacated and posted to prevent further occupancy until the work is completed
and the building official may cause the work to be done and all costs incurred
charged against the property of the owner of record.
If the building official determines that the building or structure is to be
repaired, the notice shall require that all necessary permits be secured and the
work commenced within 60 days and continued to completion within such
time as the building official determines. The notice shall also indicate the
degree to which the repairs must comply with the provisions of
si the Fl0'rido ~ Building Code which has been adopted by reference
into this chapter.
If the building official determines that the building or structure is to be
vacated, the notice shall indicate the time within which vacation is to be
completed.
If the building official determines that the building or structure is to be
demolished, the notice shall require that the premises be vacated within 60
days, that all required permits for demolition be secured and that the
demolition be completed within such time as determined reasonable by the
building official. The notice shall state that if the demolition of the building
or structure is not completed within such time, a hearing will be held before
the construction board to determine if the city will cause the building or
structure to be demolished. The notice shall give the location, time and date
of the hearing, which date shall not be less than ten days nor more than 60
days after the date the demolition was required to be completed. The hearing
shall be a quasi-judicial hearing. The failure of a party to appear or present
evidence shall constitute a waiver of said party's right to a hearing.
A statement advising that any person having any legal interest in the
property may appeal the notice by the building official to the construction
board; and that such appeal shall be in writing in the form specified by the
building official 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, except the
automatic hearing required prior to demolition as noted above.
Section 4. That section 26-36 of the City Code, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 26-36. Refusal of permit for fire hazard.
No permit shall be granted for the construction or erection of any building,
structure or addition thereto if such building when completed will constitute a
fire hazard pursuant to the fire code adopted in section 42-46, the uniform
fire standards in F.S. ch. 633 or with the Florida £tan'~.~~' Fire Prevention
Code adopted in section 26-31 of this Code of Ordinances.
Section 5. That section 26-40 of the City Code, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 26-40. Construction board to interpret standard codes.
(a) The construction board established pursuant to section 26-191 of the
city Code of Ordinances shall provide the final interpretation of provisions of
this code and other standard codes adopted by the city.
(b) Decisions of the construction board, pursuant to this section, may be
appealed to the city council by filing a written appeal with the city clerk
within ten days of the decision of the construction board. It shall require three
affirmative votes of the city council to override the construction board.
(c) All references in the ~ £txn~xr~ Building Code to the
construction board of adjustments and appeals shall be deemed to refer to the
construction board. Except as provided herein, the construction board shall
have all the powers and duties of the construction board of adjustments and
appeals. All references in the Florida ~:xx~'xr~ Fire Prevention Code to the
board of adjustments and appeals shall be deemed to refer to the construction
board. Except as provided herein, the construction board shall have all the
powers and duties of the board of adjustments and appeals. All ::fzrznz:: :-
Section 6. That section 26-61 of the City Code, City of Sebastian,
Florida, shall be deleted and reserved as follows:
Sec. 26-61. Reserved
Section 7. That section 26-111 of the City Code, City of Sebastian, Florida,
shall be deleted and reserved as follows:
Sec. 26-111. Reserved
Section 8. That section 26-112 of the City Code, City of Sebastian,
Florida, shall be deleted and reserved as follows:
Sec. 26-112. Reserved
Section 9. That section 26-113 of the City Code, City of Sebastian,
Florida, shall be deleted and reserved as follows:
Sec. 26-113. Reserved
Section 10. That section 26-136 of the City Code, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 26-136. Construction to conform to article.
No swimming pool shall be built or constructed except in conformity with
the provisions of this article and with the %--r.~::-r~ S::'~xr:r.g Pzz'~ Florida
Buildine Code adopted in section 26-31 of this Code of Ordinances.
Section 11. That section 26-161 of the City Code, City of Sebastian,
Florida, is hereby amended to read as follows:
Sec. 26-161. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Application for permit means any permit application made under
any ether building code or technical code contained in or adopted by
reference in the Code of Ordinances of the city and the land development
code, as such have been, or may be, amended, including all documents
submitted with any permit application.
Section 12. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 13. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the
remainder of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall fUrther be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid or unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
Section 14. EFFECTIVE DATE. This Ordinance shall take effect immediately
following its adoption by the City Council, and by state law the provisions of the standard
codes adopted therein are to be given effect as of March 1,2002.
The foregoing Ordinance was moved
The motion was seconded by Marcher
the vote was as follows:
for adoption by. Barczyk
and, upon being put to a vote,
Mayor Walter Barnes
Councilmember Joe Barczyk aye
Councilmember James Hill aye
Councilmember Edward J. Majcher, Jr. aye
Councilmember Ray Coniglio aye
absent
The Mayor thereupon declared this Ordinance duly passed and adopted this 10th day
of April, 2002.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
for
CMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
Rich Stringer, Ci~-~y Atto~y