§ 14-82. [The] 1997 edition of the Standard Housing Code and amendments thereto adopted  


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  • (a) Adopted. Subject to the amendments set forth at subsection (b), the 1997 edition of the Standard Housing Code, published by the Southern Building Code Congress International, Inc., shall be the governing law relative to minimum housing standards in Oakland, Florida.

    (b) Amendments. The 1997 edition of the Standard Housing Code is amended to read as follows:

    Wherever the words "housing official" are found in the 1997 edition of the Standard Housing Code (except in sections 101.4, 101.5, and 110), the Code is amended by substituting "code enforcement manager" for "housing official." In sections 101.4, 101.5 and 110, the Code is amended by substituting "building official" for "housing official."

    Section 101.2. Code remedial is amended to read as follows:

    101.2. Code remedial. This code is hereby declared to be remedial, and shall be liberally construed to secure the beneficial interests and purposes thereof which are public safety, health and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use or occupancy of residential buildings and accessory structures.

    Section 102.1. Enforcement officer is amended to read as follows:

    102.1. Enforcement officer. Except for sections 101.4, 101.5 and 110, the provisions of this Code shall be administered and enforced by the code enforcement manager. Sections 101.4, 101.5 and 110 shall be administered and enforced by the building official.

    Section 103.1. ("Right of entry") is amended by repealing section 103.1 as worded, and creating a new section 103.1 to read as follows:

    103.1. Right of entry.

    103.1.1. The code enforcement manager may enter any building, structure or premises at all reasonable times to make an inspection or enforce any of the provisions of this code. In cases of emergency or exigent circumstances where extreme hazards are known to exist, he may enter the building, structure or premises at any time.

    103.1.2. When attempting to enter a building, structure or premises that is occupied, the code enforcement manager shall first identify himself, display proper credentials and request entry. If the building, structure or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge of the building and request entry. If entry is refused, or if the owner or other persons having charge of an unoccupied building cannot be located, he shall have recourse to every remedy provided by law to secure entry, including an inspection warrant.

    103.1.3. When the code enforcement manager shall have obtained permission to enter, secured an inspection warrant, or obtained another remedy provided by law to secure entry, no person shall fail, after proper credentials are displayed, to promptly permit entry into the building, structure or premises by the code enforcement manager for the purpose of inspection and examination pursuant to this code. Any person violating this section may be prosecuted within the limits of the law.

    Section 103.2. Unsafe residential buildings is amended to read as follows:

    103.2. Unsafe buildings.

    103.2.1. All buildings or structures subject to this code which are unfit for human habitation (lack of adequate illumination, ventilation, or sanitation), or lack of adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, decay, damage, abandonment, or vermin infestation, are considered unsafe buildings. All such unsafe buildings are hereby declared to be a nuisance and illegal, and shall be abated by repair and rehabilitation or by demolition in accordance with [sections] 103.2.2, 103.2.3 and 103.2.4 below. Furthermore, the code enforcement manager is authorized to post a placard or similar notice at the building or structure declaring it to be a nuisance and stating that it shall not be used, entered into, or inhabited until approval is secured from the code enforcement manager. No person shall remove, destroy, deface such a placard, or ignore, disobey, or otherwise disregard the message on the placard. If the building or structure poses an immediate hazard to the life or to the safety of the public and is ordered vacated, the code enforcement manager may secure the building, structure or premises at the owner's expense, including but not limited to installing a fence or locking the building or structure.

    103.2.2. Whenever the code enforcement manager determines that there are reasonable grounds to believe that there has been a violation of any provision of this code or of any rule or regulation adopted pursuant thereto, he shall give written notice of such alleged violation to the owner and such alleged violations shall constitute a nuisance. Such notice shall:

    1. Include a description of the building or structure and real property sufficient for identification;

    2. Include a statement of the reasons summarizing why the code enforcement manager believes that the violation constitutes a nuisance;

    3. If the building or structure is occupied, state the time period within which occupants must vacate the building or structure;

    4. State that, if repairs, reconstruction, alterations, removal or demolition are not voluntarily completed within the time period as set forth in the notice, the code enforcement manager may institute proceedings charging the person with a violation of this code, with such notice of violation to be reviewed at a hearing;

    5. State that if the board, hearing officer, or special master reviewing the notice of violation determines at the hearing that the violation in fact exists, and the required repairs, reconstruction, alteration, removal, or demolition are not voluntarily completed within the time as set forth in the notice, then the code enforcement manager may repair, reconstruct, alter, remove, or demolish the building or structure, or cause the repair, reconstruction, alteration, removal, or demolition of the building or structure;

    6. State that, after such repair, reconstruction, alteration, removal or demolition by or on behalf of the code enforcement manager, the town may approve and record a special assessment lien against the owner to recover costs pursuant to section 2-148 of the Oakland Town Code; and

    7. Inform the person served with the notice that if he wishes to contest in whole or in part the material allegations in the notice, if he desires to assert that the time period as set forth in the notice poses an undue hardship, if he wishes to assert that the true intent and meaning of the code has been misconstrued or misinterpreted, or if he desires to make any other argument, the forum to raise any such arguments will be at the proceeding where the code enforcement manager presents his case to establish that the alleged violation referenced in the notice in fact exists.

    103.2.3. Service of notice to the owner shall be made in the manner described in F.S. § 162.12, as it may be amended or renumbered from time to time. The failure of any person to receive notice, other than the fee owner, shall not invalidate any proceedings under this Code.

    103.2.4. When a building or structure is to be demolished, it shall be done so in accordance with applicable provisions of the Standard Housing Code.

    Section 104. Inspections is amended to read as follows:

    104. Inspections. The code enforcement manager shall make or cause to be made inspections to determine the condition of residential buildings and premises in the interest of safeguarding the health and safety of the occupants of such buildings or of the general public. For the purpose of making such inspections, the code enforcement manager is hereby authorized, subject to [section] 103.1, to enter, examine, and survey all residential buildings and premises, and the owner or occupant of every residential building or the per son in charge thereof shall give the code enforcement manager free access to such residential building and its premises, for the purpose of such inspection, examination, and survey. Furthermore, the code enforcement manager and building official or designee shall inspect all residential dwellings at the time of application for town utility service, including transfers, to enforce the minimum standards codes.

    Section 105. Hardships is repealed, and in lieu thereof the following is created under section 105:

    105.1. Failure to appear. Failure of any person to appear at a hearing scheduled in accordance with the provisions of this code shall constitute a waiver of his right to a hearing on the notice.

    105.2. Scope of hearing. The hearing shall offer the person a reasonable opportunity to be heard on only those specific matters or issues raised by that person that are relevant to this case. The person may appear at the hearing in person or through his attorney or other designated representative.

    105.3. Staying of notice. Except for a vacation order, enforcement of any notice issued by the code enforcement manager under this code shall be held in abeyance until a hearing is held.

    Section 106. Housing board of adjustment and appeals is repealed, and any references in the 1997 edition of the Standard Housing Code to "Housing board of adjustments and appeals" as amended, shall be amended to read "Town of Oakland Code Enforcement Board, Hearing Officer, Special Master, or Orange County Code Enforcement Board if so designated by the town commission."

    Section 107. Appeals is not adopted.

    Section 202 is amended by repealing the definition of "housing official," and by creating definitions for "building official," "code enforcement manager," and "department," to respectively read as follows:

    Building official. The person who is charged with the duty and responsibility of helping to administer and enforce the Standard Housing Code, or his duly authorized representative.

    Code enforcement manager. The person who is charged with the duty and responsibility of administering and enforcing the Standard Housing Code, (except for sections 101.4, 101.5 and 110), or his duly authorized representative.

    Department. The building department or code enforcement department (whichever is applicable); in the absence of either officially designated departments, department shall mean the Town of Oakland.

    Section 202 is further amended by revising the definitions of "nuisance" and "owner" to respectively read as follows:

    Nuisance. Any of the following conditions shall be defined as a nuisances:

    1. Any public nuisance known as such at common law or in equity jurisprudence;

    2. Any attractive nuisance which may prove dangerous to the lives or detrimental to the health or safety of children, whether in a building, on the premises of a building, or upon an unoccupied lot, including any abandoned wells, shafts, basements, or excavations; abandoned appliances and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors;

    3. Whatever is dangerous to human life or is detrimental to health;

    4. Any condition described in section 103.2.1 of this code;

    5. Overcrowding a room with occupants;

    6. Insufficient ventilation or illumination;

    7. Inadequate sanitation (including unsanitary sewage or plumbing facilities); or

    8. Whatever renders air, food or drink unwholesome or detrimental to the health or safety of human beings.

    Owner. Any person having a legal or equitable interest in the subject property.

(Ord. No. 2004-02, § 2, 2-10-04; Ord. No. 2004-04, § 3, 8-24-04)