Item P05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2008 (Key Largo)
Bulk Item: Yes X No
Division: County Attorney
Department: County Attorney
Staff Contact Person: Cynthia Hall 3174
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance amending Sec. 6-4 of the Monroe County
Code.
ITEM BACI,�,GROUND: The intent of this ordinance is to update Section 6-4 of the Monroe County
Code. Section 6-4 of the Monroe County Code defines unsafe buildings, structures and systems and
provides that unsafe buildings, structures and systems must be repaired. The Code section was last
updated in 2002.
PREVIOUS RELEVANT BOCC ACTION: Section 6-4 was revised in 2002 via Ordinance No,
010-2002.
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMMENDATIONS: Approval to advertise for June 18, 2008 public hearing in
Marathon.
TOTAL COST: NIA
BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
�0
APPROVED BY: County Atty X OMB/Purchasing
DOCUMENTATION:
Included _ To Follow,
Risk Management
Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2008
It
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 6-4, MONROE COUNTY CODE
(UNSAFE BUILDING); PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on April 17, 2002, the Board of County Commissioners passed
Ordinance 10-2002 adopting the 2001 version of the Florida Building Code; and
WHEREAS, Section 2 of Ordinance 10-2002 ("Unsafe Buildings") provided
that all unsafe buildings would be abated using a standard unsafe building
abatement code promulgated by the Southern Building Code Congress International,
Inc.; and
WHEREAS, the Southern Building Code Congress International, Inc. merged
with several other regional code councils and became the International Code
Council (ICC), and it is therefore necessary to update this reference in the Monroe
County Code.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Existing Section 6-4 of the Monroe County Code is hereby
repealed in its entirety.
Section 2. A new Section 6-4 is hereby created, as follows:
Section 6-4. 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 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 presumed to be unsafe if:
(a) There is a falling away, hanging loose or loosening of any
siding, block, brick, or other building material.
(b) There is a deterioration of the structure or structural parts.
(c) The building is partially destroyed.
(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.
(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.
(f) An unsanitary condition exists by reason of inadequate or
malfunctioning sanitary facilities or waste disposal systems.
(g) There is no potable water service or electrical service.
(h) The construction of the building or construction or the
installation of systems or components within the building has
been commenced or completed without a permit having been
obtained or where the permit has expired prior to appropriate
inspections and completion and the issuance of a Certificate of
Occupancy or Certificate of Completion.
(i) The building or structure is vacant and abandoned, and
covered at doors or windows with materials not previously
approved by the Building Official.
(j) By reason of illegal or improper use, the occupancy or
maintenance does not comply with the Building Code, or the
code in effect at the time of construction.
(k) The building or part thereof meets the physical criteria of an
unsafe structure set forth above and has not been repaired and
brought into compliance with the Building Code following the
expiration of the reasonable periods after notice to the property
owner by the Code Enforcement Inspector, Fire Marshal, or
Building Official.
(3) Abatement Required:
(a) All unsafe buildings, structures or systems are hereby
declared illegal and shall be abated by repair and rehabilitation
or demolition.
(b) All swimming pools or spas that contain stagnant water or do
not conform with Sec. 424.2.17 of the Florida Building Code are
2
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.
Section 3. If any section, subsection, sentence, clause, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected such
invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
Section 5. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances in the County of Monroe, Florida, as
additions or amendments thereto, and the Monroe County Code shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 6. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the day of June, 2008.
Mayor Charles McCoy
Mayor Pro Tern Mario Di Gennaro
Commissioner George Neugent
Commissioner Dixie Spehar
Commissioner Sylvia J. Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By: Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: Mayor/Chairperson
MONROE COUNTY ATTORNEY
AP ROVED AS TO F R
YNTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date— . — 7195 - zo oS