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Ordinance 022-2011 ORDINANCE NO. 022 -2011 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING CHAPTER 6, SECTION 6 -27 AND CHAPTER 8, SECTION 8 -37 OF THE MONROE COUNTY CODE; CLARIFYING THE DEFINITION OF UNSAFE BUILDINGS, THE DEFINITION OF PHYSICAL CRITERIA OF UNSAFE BUILDINGS, PROVIDING FOR NOTICE TO OWNERS BY THE BUILDING OFFICIAL WHEN A BUILDING, STRUCTURE OR SYSTEM IS DEEMED UNSAFE AND AMENDING THE FOUR YEAR BAR TO PROSECUTION TO INCLUDE AN EXEMPTION FOR UNSAFE BUILDINGS, STRUCTURES OR SYSTEMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION IN TO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR TRANSMITTAL AND AN EFFECTIVE DATE. WHEREAS, the definition of unsafe buildings is found in Chapter 6, Section 6 -27 of the Monroe County Code of Ordinances; and WHEREAS, the presumption of unsafe conditions as found in Chapter 6, Section 6 -27 (b)(2) should be further refined to assure that the unsafe conditions are specified by the Building Official when presented to the property owner; and WHEREAS, the physical criteria of unsafe conditions found in Chapter 6, Section 6- 27(b)(2)h require clarification; and WHEREAS, the physical criteria of unsafe conditions found in Chapter 6, Section 6- 27(b)(2)j require clarification; and WHEREAS, an amendment is necessary to clarify that unsafe conditions as deemed by the Building Official are exempt from Chapter 8, Section 8 -37, the four year bar to code compliance prosecution; and WHEREAS, the Board of County Commissioners specifically finds that such an exemption from the four year bar to code compliance prosecution further the interest of the public health, safety and welfare. 1 } NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The language in Section 6 -27 of the Monroe County Code is hereby amended as follows: Sec. 6 -27. - Unsafe buildings. (a) Definitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health shall be deemed to be unsafe structures by the building official or his/her authorized designee and a permit shall be obtained to demolish the structure or where specifically allowed by this Section, to bring the building into compliance with the applicable codes as provided herein. (b) Physical criteria. (1) A building shall be deemed a fire hazard and/or unsafe when: a. There is an accumulation of debris or other material therein representing a hazard of combustion. b. The building condition creates hazards with respect to means of egress and fire protection. (2) A building, or part thereof, shall be deemed unsafe by the building official or his/her authorized designee if: a. There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material; or b. There is a deterioration of the structure or structural parts; or c. The building is partially destroyed; or d. There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over - stressing; or e. The electrical, plumbing or mechanical installations or systems create a hazardous condition contrary to the standards of the Florida Building Code and the National Electric Code; or f. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; or g. There is no potable water service or electrical service; or h. The construction, enlargement, alteration, repair or demolition of the building or part thereof or the impact resistant coverings of the building or construction or the installation of systems or components within the building or structure has been commenced or completed without a permit having been obtained as required by the 2 Florida Building Code or where the permit has expired prior to appropriate inspections and completion or when a building or structure is occupied prior to the issuance of a certificate of occupancy or certificate of completion; or i. The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the building official; or j. The building is being used illegally or improperly based on the Florida Building Code; or i. A change in the existing use originally approved has occurred without required permits, inspections, and or approvals; or ii. A change in occupancy classification of a building or structure or portion thereof has occurred that does not comply with the Florida Building Code; or iii. Maintenance of conditions of occupancy or requirements of the existing occupancy classification of a building or structure or portion thereof does not comply with the Florida Building Code from the time period when the building was originally constructed or with the code in effect at the time of construction; and k. The building or part thereof meets the physical criteria of an unsafe structure set forth above in Section (b)(1)(a) or (b) and/or Section (b)(2)(a) -(j), as determined by the Building Official or Fire Marshall, with proper notice as defined in Chapter 6 -27, Section (d). This provision does not supersede the authority of the Building Official under the Florida Statutes or the Florida Building Code. (c) Abatement: (1) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated by repair and rehabilitation or demolition. (2) All swimming pools or spas that contain stagnant water or do not conform with Section 424.2.17 of the Florida Building Code are deemed unsanitary and/or dangerous to human life and public welfare. If the stagnant water is not removed and/or all repairs made and brought into full compliance with the building code within a reasonable period of time, then these swimming pools or spas will be demolished. (d) Notice. When the building official or his/her authorized designee has after inspection deemed a building, structure, electrical, gas, mechanical or plumbing system to be unsafe, then the building official or his/her authorized designee shall provide a written unsafe declaration specifying the unsafe physical criteria, the suggested methods for abatement or remediation, the time allowed for the abatement or remediation and that the matter will be referred to code compliance after the time prescribed by the Building Official for that particular declaration. The written unsafe declaration shall be mailed to the owner of the property in question at the address listed in the tax collector's office for tax notices via first class mail. If the unsafe physical criteria is not abated or remedied within the designated reasonable period of time prescribed by the Building Official or his/her designee, then the matter shall be referred to code compliance. This 3 provision does not supersede the authority of the Building Official under the Florida Statutes or the Florida Building Code. Section 2. The language in Section 8 -37(a) of the Monroe County Code is hereby amended as follows: Sec. 8 -37 Passage of four years a bar to prosecutions. (a) All prosecutions before the code compliance special magistrate shall be initiated within four years of the occurrence of the event complained of or be forever barred. For the purpose of this Section, the term "initiated" means the filing of a notice of violation, issuance of a notice to appear, or issuance of a civil citation by the code compliance department. Except, however, that this Section shall not bar the initiation of a prosecution before the code compliance special magistrate based on the following: (1) The unlawful construction of a structure below the base flood elevation level or the minimum standards of use of a below base flood elevation structure as outlined in 44 CFR. (2) Determination by the Building Official or his/her authorized designee of an unsafe building, structure or system as provided in Chapter 6, Section 6 -27 of the code. * * * * * * * Section 3. Severability. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Section 4. Conflict. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. Inclusion in code of ordinances. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or (REMIANDER OF PAGE LEFT INTENTIONALLY BLANK) 4 amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 6. Effective date. This Ordinance shall be filed with the Department of state and shall be effective as provided in Section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 14th day of December, 2011. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor David Rice Yes Mayor pro tem Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes / 0... ) pe______-- . ....., By -- 4, Mayor David Rice l� °- r' P" '', �c ,ti iN' F Y L. KOLHAGE, CLERK -,\,,„ fig' , / / M ONROE COUNTY ATTORNEY Ba *PPR' I $ TO FOR , DEL " - Deputy Clerk c MONROE COUNTY COURTHOUSE 5��� BRANCH OFFICE: 500 WHITEHEAD STREET, SUITE 101 � 0O�� PLANTATION KEY J •.• ..... ,o„F• 0 1 KEY WEST, FLORIDA 13040 Q • P GOVERNMENT CENTER TEL. (305) 294 -4641 * , 7�'> * 88820 OVERSEAS HIGHWAY FAX (305) 295 -3663 • ; : ��I i PLANTATION KEY, FLORIDA 33070 po •.,,,, : •• TEL. (305) 852 -7145 BRANCH OFFICE: F couet4 F ' FAX (305) 852 -7146 MARATHON SUB COURTHOUSE \` ( ) 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD TEL. (305) 289 - 6027 PLANTATION KEY, FLORIDA 33070 FAX (305) 289 - 1745 www.clerk -of- the- court.com TEL. (305) 852 - 7145 FAX (305) 853 - 7440 January 5, 2012 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7010 1670 0001 0244 7631 Dear Ms. Cloud, Enclosed please certified copies of the following Ordinances: Ordinance No. 022 -2011 amending Chapter 6, Section 6 -27 and Chapter 8, Section 8 -37 of the Monroe County Code; Clarifying the definition of unsafe buildings, the definition of physical criteria of unsafe buildings; Providing for notice to owners by the Building Official when a building, structure or system is deemed unsafe and amending the four year bar to prosecution to include an exemption for unsafe buildings, structures or systems; Providing for severability; Providing for repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and Providing for transmittal and an effective date. Ordinance No. 023 -2011 to amend Goal 107 and Objective 107.1 of the Monroe County 2010 Comprehensive Plan, refining the definition and application of Sub Area designations which limit the density and intensity allowed within a Future Land Use Map category. Ordinance No. 024 -2011 to amend Policy 101.2.6 of the Monroe County 2010 Comprehensive Plan Future Land Use Element to extend the moratorium of new transient residential units to be consistent with the deadline to transmit and adopt comprehensive plan evaluation and appraisal based amendments. Ordinance No. 025 -2011 to amend Section 138 -23 of the Monroe County Code: The ordinance would extend the sunset date for the moratorium on new transient units from December 31, 2011 to May 1, 2014. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on December 14, 2011. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: County Attorney letter only Growth Management File a, U.S. Postal Service Tr, CERTIFIED MAILTM, RECEIPT ra (Domestic Mail Only;No Insurance Coverage Pr^vided) c� -n For delivery information visit our website at www.I;sp0.corin J+ Q NPostage $ f. `" .i .—" Vy Certified Fee ��(> �. Po N O Return Receipt Fee 7..g 2 a 0 p (Endorsement Required) (� / ;. Restricted Delivery Fee C i CM (Endorsement Required) t eu gji ..D Total Postage&Fees rl Proorait AUiliiuisl ' t� -C� --1- o o Sent To Administrative Co a and eekly A o 'Utr—e,----- :-:'U f ap'------iTrg to r_ or PO Box City,State, ailahassee, Florida 32399-0250 PS Form 3800,August 2006 See Reverse for Instructions i dF' q FLORIDA DEPARTMENT Of STATE RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. Governor BROWNING Secretary of State January 18, 2012 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 5, 2012 and certified copies of Monroe County Ordinance Nos. 022 -2011 through 025- 2011, which were filed in this office on January 11, 2012. Sincerely, c g aue Liz Cloud Program Administrator --" LC /srd 71 N - Tt Cr) O = MIC rn C') La O CD CD R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399- 0250 Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov VIVA FORMA 500. Commemorating 500 years of Florida histor www.fla500 VIVA FLORIDA 500.