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HomeMy WebLinkAboutO-96-14ORDINANCE NO. 0-96-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ~a_qENDING CHAPTER 26 OF THE CITY OF SEBASTIAN CODE OF ORDINKNCES ENTITLED "BUILDINGS AND BUILDING REGULATIONS" ADOPTING AND ~a_MENDING CERTAIN STANDARD CODES OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONKL, INC. AND OF THE NATIONKL FiRE PROTECTION ASSOCIATION; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR KN EFFECTIVE DATE WHEREAS, the City Council of the City of Sebastian, Florida ("City"), has adopted various standard building codes as provided by the Southern Building Code Congress International, Inc. and the National Fire Protection Association relating to buildings and building regulations ("Standard Codes"); and WHEREAS, the utilization of the Standard Codes facilitates proper inspection activities by the City relating to the construction and maintenance of buildings within the City, and furthers the public safety, health and general welfare of its residents; and WHEREAS, the City finds it desirable to continue to use the Standard Codes and to update, amend and add additional Standard Codes to Chapter 26 of the Code of Ordinances of the City ("Code"); NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of Sebastian, Florida, as follows: Section 1: Section 26-31 of the Code relating to the adoption of building codes is hereby amended as follows: Sec. 26-31. Technical Codes Adopted. (a) The City does hereby adopt as building codes for the city the below-listed editions of the Southern Building Code Congress International, Inc., copies of which are on file in the office of the community development department and the office of the City Clerk and which shall be accessible to the public upon request during the normal business hours of the community development department and the City Clerk. Such codes, which shall be referred to as the Standard Codes, are hereby made a part of the Code of Ordinances of the city subject only to specific additions, deletions or amendments set out herein or in the Code of Ordinances. Standard Building Code - 1994 Edition Standard Fire Prevention Code - 1994 Edition Standard Gas Code - 1994 Edition Standard Housing Code - 1994 Edition Standard Mechanical Code - 1994 Edition Standard Plumbing Code - 1994 Edition Standard Unsafe Building Abatement Edition Standard Swimming Pool Code - 1994 Edition Code-1985 (b) Future editions of the Standard Codes shall reviewed by the Building official and shall be presented to the City Council for consideration of adoption and incorporation herein within ninety (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 the Code. Provided, however, that Sections 108.1 and Section 108.2 of the Standard Building Code of the Southern Building Code Congress International, Inc.; Section 105.1 of the Standard Fire Prevention Code; Sections 108.1 and 108.2 of the Standard Gas Code; Sections 106.1 and 106.1.2 of the Standard Housing Code; Sections 108.1 and 108.2 of the Standard Mechanical Code; and Sections 108.1 and 108.2 of the Standard Plumbing Code shall not be incorporated into the City Code. (d) The Construction Board established pursuant to Section 26-191 of the City of Sebastian Code of Ordinances shall provide for the final interpretation of the provisions of the Standard Codes as amended herein. Section 2: Section 26-61 of the Code relating to the adoption of the National Electrical Code of the National Fire Protection Association is hereby amended as follows: Sec. 26-61. Adoption of Natlonal Electrical Code. There is hereby adopted by reference the 1996 National Electrical Code as published by the National Fire Protection Association, subject to such additions, deletions or amendments which may appear elsewhere in this article and except insofar as any such provisions of the National Electrical Code, by their nature, could have no application within the city. Section 3: Section 26-34 of the Code is hereby repealed in its entirety and a new Section 26-34 is hereby added as follows: Sec. 26-34 Unsafe Buildings: Hearing and Appeal. Content of Notice, 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 premise. 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 the Section 101.4 of the Standard 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 be not less than 10 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 5: Section 26-33(c) of the Code relating to duties of the building official is hereby amended as follows: Sec. 26-33. Building Department created; bu£1dlng off£clal, appointment, qualifications and dut£es. (c) The building official shall have authority to receive applications and issue building permits and to enforce the building code, building ordinances and standard codes adopted by the city. Neither the building official nor anyone under his direction shall enter any private property without the consent of the owner. The repair, vacation or demolition of unsafe buildings or structures shall be handled pursuant to the Unsafe Building Abatement Code, as amended herein. Section 6: A new section of the Code, to be codified as Sec. 26-40, is hereby created by adding Section 105.1 of the Standard Unsafe Building Abatement Code, amended herein as follows: Sec. 26-40 Construction Board to Interpret Standard Codes. (a) The Construction Board established pursuant to Section 26-191 of the City of Sebastian 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 (10) days of the decision of the Construction Board. It shall require three (3) affirmative votes of the City Council to override the Construction Board. (c ) Ail references in the Standard 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 Standard 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 of the powers and duties of the Boards of Adjustments and Appeals. All references in the Standard Gas 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 Standard Housing Code to the Housing 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 Housing Board of Adjustments and Appeals. All references in the Standard Mechanical 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 Standard Plumbing 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. Section 7: Section 26-136 of the Code relating to swimming pools is hereby amended as follows: Sec. 26-137. 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 Standard Swimming Pool Code adopted in Section 26.31 of this Code of Ordinances. Section 8: Section 26-36 of the Code relating to fire hazards is hereby amended 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 Standard Fire Prevention Code adopted in Section 26.31 of this Code of Ordinances. Section 9: If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Section 10: This Ordinance shall prevail over all other Ordinances which are in conflict with this Ordinance. If any clause, section or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. Section ll: This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and the Clerk of the City Council. The foregoing Ordinance was moved for adoption by Councilmember ~~ ... · vote, the vote was as follows: The motion was seconded by and, upon being put into a Mayor Louise R. Cartwright Vice-Mayor Walter Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ~/~ , 1996. CITY OF SEBASTIAN, FLORIDA Kat~~li°ran, / ~pproved as to ~o~ aad Coatent: Valerie ~. Settles City ~ttorne¥