2023-O-22 - Code of Ordinances Chapter 10ORDINANCE NO. 2023-0-22
AN ORDINANCE AMENDING CHAPTER 10 (HEALTH,
SANITATION, PROPERTY MAINTENANCE AND CODE
ENFORCEMENT) OF THE CODE OF ORDINANCES, CITY
OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. It is necessary for the preservation and enhancement of the public health; gafety- "acrd
welfare and in the best interest of the city and its citizens to amend Chapter 10 (Realth, Sanitation, -
Property Maintenance and Code Enforcement).
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida:,
PART A. AMEND CHAPTER 10 (HEALTH, SANITATION, PROPERTY- ,
MAINTENANCE AND CODE ENFORCEMENT) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA
Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement) is amended
pursuant to Exhibit "A", which is attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance are
hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions 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
circumstance.
Stmek t#r-eugk-passages are deleted. 1
Underlined passages are added
2023-0-22
PART D. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such
intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
. IT vP4SSED AND DULY ADOPTED this day of 7�L 1 , 2023.
C�ATTEST: �T i Renni
( ,Wu�m�
Bonnie Zlotnik, LMC, City Clerk
Passed on first reading on the 5L± day of 2023
REVIEWED AND APPROVED: U
Aaron R. Wolfe,ity orney
°'-•• ;�".roQg�passages are deleted.
Underlined oassages are added
2023-0-22
Ho -i -tor
/'S
EXHIBIT "A"
CHAPTER 10
HEALTH, SANITATION, PROPERTY MAINTENANCE AND
CODE ENFORCEMENT
ARTICLE L IN GENERAL
Sec. 10-1. Title.
These regulations shall be known as the Property Maintenance Code of the City of Edgewater,
hereinafter referred to as "this Code."
Sec. 10-2. Scope.
The provisions of this Code shall apply to all existing residential and nonresidential structures
and all existing premises and constitute minimum requirements and standards for premises,
structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection
from the elements, life safety, safety from fire and other hazards, and for safe and sanitary
maintenance; the responsibility of owners, operators and occupants; the occupancy of existing
structures and premises, and for administration, enforcement and penalties.
Sec. 10-3. Intent.
(O`1 This Code shall be construed to secure its expressed intent, which is to ensure public health,
safety and welfare in so far as they are affected by the continued occupancy and maintenance of
structures and premises. Existing structures and premises that do not comply with these
provisions shall be altered or repaired to provide a minimum level of health and safety as
required herein. It is not the intent of the city to cause conflict with the controlling provisions of
federal and state law and, to the extent of conflict, if any, such provisions shall prevail over the
provisions of this Code.
Sec. 10-4. Definitions.
The latest edition of Merriam -Webster's Collegiate Dictionary shall be used to define any words
not defined in this chapter.
The following words, terms and phrases when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Ambient noise. All-encompassing noise associated with a given environment, usually being a
composite of sounds from many sources.
Approved. Approved by the code official.
Basement. That portion of a building which is partly or completely below grade.
Bathroom. A room containing plumbing fixtures including a bathtub or shower.
Stmele !hFeug -passages are deleted.
Underlined passages are added
2023-0-22
Bedroom. Any room or space used or intended to be used for sleeping purposes in either a
dwelling or sleeping unit. Brush. The undergrowth of plant species that by virtue of their
arrangement, chemical composition and growth pattern provide a ready path for uncontrolled fire
to spread. It shall mean herbaceous plants, plants and grasses with stems that wither away
annually or shrubs with woody stems that live from year to year as distinguished from trees.
Species included in this definition shall include, but are not limited to, saw palmetto, gallberry,
fetterbush and wax myrtle.
Condemn. To adjudge unfit for occupancy.
City attorney. The city attorney of the city.
City. City of Edgewater, Florida and its authorized agents.
Code. The code of ordinances, the land development code and all other ordinances of the City of
Edgewater.
Code enforcement officer. Code enforcement supervisor, code official(s), Edgewater Police
Officer(s), building official, building inspector(s), fire chief, fire marshal, fire safety inspector(s)
and community service officers(s) or any employee or agent as designated in writing by the city
manager who is charged with the administration and enforcement of this Code.
Cultural event. Any event drawing a large attendance for enlightenment or recreation purposes
which in the sole determination of the city council, has or is likely to become a community event
integrated into accepted social practices or traditions. (Does not include recurring events such as
Bike Week and Biketoberfest.)
Decibel. A unit in which the levels of various acoustical quantities (sound) are expressed.
Dwelling unit. A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement. That portion of land or property reserved for present or future use by a person or
agency other than the legal fee owner(s) of the property. The easement shall be permitted to be
for use under, on or above a said lot or lots.
Efficiency unit. A dwelling unit containing only one habitable room, sometimes referred to as a
studio apartment.
Emergency. Any occurrence or set of circumstances involving actual or imminent physical
trauma or property damage which demands immediate action.
Exterior property. The open space on the premises and on adjoining property under the control
of owners or operators of such premises.
f�
Strttek thFeug4i,-passages are deleted. 4
Underlined passages are added
2023-0-22
/'on*"\
Extermination. The control and elimination of insects, rats or other pests by eliminating their
harborage places; by removing or making inaccessible materials that serve as their food; by
poison spraying, fumigating, trapping or by any other approved pest elimination methods.
Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and
consumption of food.
Guard. A building component or a system of building components located at or near the open
sides of elevated walking surfaces that minimizes the possibility of a fall from the walking
surface to a lower level.
Habitable space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet
rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable
spaces.
Housekeeping unit. A room or group of rooms forming a single habitable space equipped and
intended to be used for living, sleeping, cooking and eating which does not contain, within such
a unit, a toilet, lavatory and bathtub or shower.
Imminent danger. A condition which could cause serious or life-threatening injury or death at
any time.
Improved lot. Any lot to which improvements have been made, including but not limited to,
/44-t� change of grade through filling or excavation, installation of water or sewer line, clearing of
property to begin construction or any other physical alteration which has significantly disturbed
the natural vegetation on the property.
Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin
or other pests.
Inoperable motor vehicle. A vehicle which cannot be driven upon the public streets for reason
including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or
incapable of being moved under its own power.
Labeled. Devices, equipment, appliances or materials to which has been affixed a label, seal,
symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency
or other organization concerned with product evaluation that maintains periodic inspection of the
production of the above -labeled items and by whose label the manufacturer attests to compliance
with applicable nationally recognized standards.
Law enforcement officer. Any person who is elected, appointed or employed by a municipality or
the state or any political subdivision thereof, who is vested with authority to bear arms and make
arrests; and whose primary responsibility is the prevention and detection of crime or the
enforcement of penal, criminal, traffic or highway laws of the state.
Let for occupancy or let. To permit, provide or offer possession or occupancy of a dwelling,
dwelling unit, rooming unit, building, premise or structure by a person who is the legal owner of
Stmelt#reug�passages are deleted. 5
Underlined passages are added
2023-0-22
record or is authorized by said legal owner of record thereof, pursuant to a written or unwritten
lease, agreement or license or pursuant to a recorded or unrecorded agreement of contract for the
sale of land.
Natural area. Areas within larger improved lots where the natural vegetation has not been
cleared or disturbed.
Natural cover. Trees, brush, roots and other byproducts of land clearing activity.
Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an
adverse psychological or physiological effect on humans. The term is synonymous with sound.
Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing
damage, annoyance or inconvenience with noise that exceeds the limits set forth in table 1 of
section 10-22.
Noise -sensitive zone. An area which contains a hospital, nursing home, school, court or other
designated facility. Noise -sensitive zones are those zones created by the city council upon a
finding that the subject area contains a land use which is sensitive to or subject to adverse
reactions from noise.
Occupancy. The purpose for which a building or portion thereof is utilized or occupied.
Occupant. Any individual living or sleeping in a building or having possession of a space within
a building.
Openable area. That part of a window, skylight or door which is available for the unobstructed
ventilation and which opens directly to the outdoors.
Operator. Any person who has charge, care or control of a structure or premises which is let or
offered for occupancy.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in
the property; or recorded in the official records of the state, county or municipality as holding
title to the property; or otherwise having control of the property, including the guardian of the
estate of any such person and the executor or administrator of the estate of such person if ordered
to take possession of real property by a court.
Person. Any individual, firm, partnership, corporation, company, association, joint-stock
association or body politic, including, but not limited to, any trustee, receiver, committee,
assignee or other similar representatives thereof.
Plainly audible. Any sound that can be clearly heard by unimpaired auditory senses based on a
direct line of sight of 50 feet or more, however words or phrases need not be discernable and said
sound shall include bass reverberation.
Premises. A lot, plot or parcel of land, easement or public way, including any structures thereon. /0"
Stmek passages are deleted. 6
Underlined passages are added
2023-0-22
Public way. Any street, alley or similar parcel of land essentially unobstructed from the ground
to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for
public use.
Real property line. The property boundary that corresponds with the lot line and runs along the
ground surface, and its vertical plane extension, which separates the real property owned, rented
or leased by one person from that owned, rented or leased by another person, excluding
intrabuilding real property divisions.
Repeat violation. A violation of a provision of a code or ordinance by a person who has
previously been found to have violated or who has admitted violating the same provision within
five years prior to the violation, notwithstanding the violations occur at different locations.
Rooming house. A building arranged or occupied for lodging, with or without meals, for
compensation and not occupied as a one- or two-family dwelling.
Rooming unit. Any room or group of rooms forming a single habitable unit occupied or intended
to be occupied for sleeping or living, but not for cooking purposes.
Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall
include the residue from the burning of wood, coal, coke and other combustible materials, paper,
rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans,
metals, mineral matter, glass, crockery and dust and other similar materials.
Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces. The description of sound may include any
characteristic of such sound, including duration, intensity and frequency that is considered to be
continuous, repeated noise. This term is synonymous with noise.
Sound level. The weighted sound pressure level obtained by the use of a metering characteristic
and weighting scale as specified by ANSI standards, if the weighting employees is not indicated,
the A -weighting shall apply.
Sound level meter. An instrument used to measure sound pressure levels when properly
calibrated and is of type 2 or better as specified by ANSI standards.
Sleeping unit. A room or space in which people sleep, which can also include permanent
provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms
and spaces that are also part of a dwelling unit are not sleeping units.
Strict liability offense. An offense in which the prosecution in a legal proceeding is not required
to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an
act which was prohibited or failed to do an act which the defendant was legally required to do.
Structure. Anything constructed, erected, installed or portable which requires a location on a
parcel of land. It includes a moveable structure while it is located on land which can be used for
housing, business, commercial or industrial purposes whether temporary or permanent. Structure
&tMelFthFaugh-passages are deleted. 7
Underlined passages are added
2023-0-22
shall include, but not be limited to walls, billboards, swimming pools and decks, communication
towers, on-site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, sheds and
similar structures. Structure shall not include, pipes, pump stations and any other construction
below ground level.
Trash. All accumulation of grass, shrubbery or weed cuttings, pine needles and other refuse
incident to the care of lawns, shrubbery, vines and gardens. The term "trash" shall not be taken to
include trees, tree limbs, tree stumps, brush, used or broken appliances, furniture, bedding,
building materials, lumber or other material of like nature.
Tenant. A person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
Toilet room. A room containing a water closet or urinal but not a bathtub or shower.
Unimproved lot. Any lot which remains undisturbed and in a natural vegetative state.
Vegetative fire hazard assessment. An assessment of an area to determine build-up along with
vegetative fuel hazard classification and threats it may pose to real property. The assessment will
be conducted utilizing the Volusia County Wildland/Urban Interface Wildfire Hazard
Assessment Guide (dated 01/2000).
Vegetative fire hazard. Trees, brush or other vegetation which by reason of their combustible
nature during dry periods, their location or condition may cause loss, damage, or injury to
persons or property by reason of fire. For example, brush on undeveloped lots averaging over
three feet tall within 30 feet of an existing structure and pine on undeveloped lots within 30 feet
of an existing structure spaced in such a way that the average crown closure is more than 75
percent are considered fire hazards.
Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to
or removing such air from any space.
Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
Yard. An open space on the same lot with a structure.
Sec. 10-5. Nuisances generally.
No person shall keep or permit to remain upon his premises, or upon any premises owned, used
or controlled by him or her in any dwelling house, warehouse or other building, or upon any
vacant lot, or in any yard or other place within the corporate limits of the city, any nuisance to
the annoyance of those residing or being in the vicinity thereof, or any unwholesome, decayed or
decaying animal or vegetable matter, or any other matter or thing detrimental to the health or
comfort of residents to include, but not be limited to, the following conditions:
&mac -ext -passages are deleted. 8
Underlined passages are added
2023-0-22
/#OW!
(1) Junk, consisting of unsightly, worn-out or discarded material of little or no residual value
including scrap metal, scrap lumber, wastepaper products, discarded building materials, or other
debris, the accumulation of which has an adverse effect upon neighborhood or city property
values, health, safety or general welfare;
(2) Abandoned property, meaning any personal property including, but not limited to, motor
vehicles, left in plain view under circumstances reasonably indicating that the possessor or owner
thereof has relinquished any rights of ownership therein;
(3) Wrecked motor vehicle, meaning any motor vehicle the condition of which is wrecked,
dismantled, partially dismantled, incapable of operation by its own power on any public street, or
from which the wheels, engine, transmission or other substantial part thereof is inoperable and/or
removed;
(4) Any garbage; rubbish; trash; refuse; cans; bottles; boxes; container; paper; tobacco
products; tires; abandoned or inoperative appliances; mechanical equipment or parts; building or
construction materials; tools; machinery; wood; vessels; aircraft; farm machinery or equipment;
sludge from a waste treatment facility, water supply treatment plant, or air pollution control
facilities; or a substance in any form resulting from domestic, industrial, commercial, mining or
agricultural operations; or dead or decaying plants (except for compost piles) or exotic animals
of any kind;
(5) Any building or structure, or part thereof, which is in a dilapidated, unsanitary or unsafe
condition, or which constitutes a fire hazard;
(6) Any building, structure, lot, place or location where any activity in violation of law is
conducted, performed maintained or allowed;
(7) Stagnant or insufficiently treated water, in a pool, pond or container of any kind,
including water in which algae is allowed to grow or in which mosquitoes or other insects are
able to breed;
(8) Animal excrement;
(9) Inoperable or unlicensed motor vehicle;
(10) Furniture kept or stored outdoors where such furniture is of the kind and sort normally
and customarily kept inside such as, for example, upholstered sofas, and where such furniture is
not in actual use;
(11) Any appliance kept or maintained outside in the open air and not under roof such as a
garage or carport;
(12) Certain state of being or situation located on property which:
a. Injures or endangers the comfort, repose, health or safety of any person; or
Sly passages are deleted. 9
Underlined passages are added
2023-0-22
b. Offends decency; or
C. Is offensive to the senses; or
d. Interferes with, obstructs or renders dangerous for passage on any public or private street,
alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel or drainage of any
property; or
e. Renders other persons insecure in life or the use of property; or
f. Interferes with the comfortable and quiet enjoyment of life or property; or
g. Tends to or could depreciate the value of property of any persons; or
h. The accumulation of garbage and trash in violation of section 10-106; or
i. Any trash, litter, debris, garbage, bottles, paper, plastic, metals, cans, rags, offal, bricks,
concrete, lumber, building materials, or dead or decaying plants, (except for compost piles) or
animals of any kind; or
j. Any condition which provides, or could provide, harborage for rats, mice, snakes, insects
or other vermin; or
k. Any noises or vibrations, including animal noises, which disturb the, peace of the
surrounding area or are otherwise unlawful; or
I. Any foul, offensive or unlawful emissions, odors or stenches and the causes thereof; or
M. The pollution of any well, body of water or drainage system by sewage, dead animals,
industrial wastes, debris or other substances; or
n. Dense smoke, noxious or lethal fumes, lethal gas, soot or cinders; or
o. Any condition constituting a fire hazard; or
P. Blocking or damaging drainage inlets, pipes, ditches, swales, channels, culverts or
streams; or
q. Any dead, damaged or diseased tree, located within 35 feet of any public roadway, public
or private sidewalk that is adjacent to a public roadway, or any developed property when the tree
has been declared a hazard by a code enforcement officer or an arborist; or
r. Any public nuisance known as common law or in equity jurisprudence as set forth in F.S.
ch. 823, Public Nuisances.
StFuelfthmugh-passages are deleted. 10
Underlined uassages are added
2023-0-22
Sec. 10-6. Abandoned airtight containers.
(a) It is unlawful for any person knowingly to abandon or discard or to permit to be
abandoned or discarded on premises under his control any icebox, refrigerator, deep-freeze
locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity
of one and one-half cubic feet or more from which the door has not been removed.
(b) The provisions of this section shall not apply to an icebox, refrigerator, deep-freeze
locker, clothes washer, clothes dryer, or similar airtight unit which is crated or is securely locked
from the outside or is in normal use on the premises of a home, or rental unit, or is held for sale
or use in a place of business; provided, however, that "place of business" as used herein shall not
be deemed to include a junkyard or other similar establishment dealing in secondhand
merchandise for sale on an open unprotected premises.
(c) It shall be unlawful for any retailer with unenclosed premises used for display of
secondhand iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or
similar airtight units to fail to remove the doors on such secondhand units having an interior
storage capacity of one and one-half cubic feet or more from which the door has not been
removed. This section will not apply to any dealer who has fenced and locked his premises.
Sec. 10-7. Public nuisance and criminal gang activity adopted.
(a) F.S. § 893.138 Local administrative action to abate drug-related, prostitution related, or
stolen -property -related public nuisances and criminal gang activity, is hereby adopted, in its
entirety, as if fully set forth herein, as part of the code of ordinance of the city.
(b) The special magistrate as outlined in section 10-343 shall act as the administrative board
for the section.
Secs. 10-8-10-19. Reserved.
ARTICLE H. NOISE
Sec. 10-20. 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:
Ambient noise. All-encompassing noise associated with a given environment, usually being a
composite of sounds from many sources.
Cultural event. Any event drawing a large attendance for enlightenment or recreation purposes
which in the sole determination of the city, has or is likely to become a community event
integrated into accepted social practices or traditions. (Does not include recurring events such as
Bike Week and Biketoberfest.)
Decibel. A unit in which the levels of various acoustical quantities (sound) are expressed.
Stmek-thFeegh-passages are deleted. I 1
Underlined uassages are added
2023-4-22
Emergency. Any occurrence or set of circumstances involving actual or imminent physical
trauma or property damage which demands immediate action.
Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an
adverse psychological or physiological effect on humans. The term is synonymous with sound.
Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing
damage, annoyance or inconvenience with noise that exceeds the limits set forth in table I of
section 18 -2$10-22.
Noise -sensitive zone. An area which contains a hospital, nursing home, school, court or other
designated facility. Noise -sensitive zones are those zones created by the city council upon a
finding that the subject area contains a land use which is sensitive to or subject to adverse
reactions from noise.
Person. Any individual, association, partnership or corporation, and includes any officer,
employee, department, agency or instrumentality of the Unity States, state or any political
subdivision thereof.
Plainly audible. Any sound that can be clearly heard by unimpaired auditory senses based on a
direct line of sight of 50 feet or more, however words or phrases need not be discernable and said
sound shall include bass reverberation.
Real property line. The property boundary that corresponds with the lot line and runs along the PAON
ground surface, and its vertical plane extension, which separates the real property owned, rented
or leased by one person from that owned, rented or leased by another person, excluding
intrabuilding real property divisions.
Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical
parameter, in a medium with internal forces. The description of sound may include any
characteristic of such sound, including duration, intensity and frequency that is considered to be
continuous, repeated noise. This terms is synonymous with noise.
Sound level. The weighted sound pressure level obtained by the use of a metering characteristic
and weighting scale as specified by ANSI standards, if the weighting empleyees scale is not
indicated, the A -weighting shall apply.
Sound level meter. An instrument used to measure sound pressure levels when properly
calibrated and is of type 2 or better as specified by ANSI standards.
Sec. 10-21. Policy.
It shall be unlawful, except as expressly permitted herein, to cause a noise nuisance or to make,
cause or allow the making of any noise or sound which exceeds the sound level limits (dbA) set
forth in this article. Noise emanating from the subject property after the owner has or should
have knowledge of the noise nuisance condition shall be deemed to continue with the permission
of the property owner.
SEfuelstlxeegh passages are deleted. 12
Underlined passages are added
2023-0-22
5
Sec. 10-22. General restrictions.
(a) No person shall operate or cause to be operated any source of sound from any subject
parcel in such a manner as to create a noise nuisance or sound level which exceeds the limits set
forth for the use occupancy in table 1, when measured at the property boundary of the subject
property from which the sound emanates.
(b) Sound or noise emanating from one use occupancy category into another use occupancy
category with a different noise level limit shall not exceed the limits of the use occupancy
category into which the noise is projected.
TABLE 1
NOISE RESTRICTIONS
Use Occupancy Category
Time
Sound Level Limit (dbA)
Residential
8:00 a.m.-9:00 p.m.
60
9:00 p.m. -8:00 a.m.
50
Commercial
7:00 a.m.-10:00 p.m.
65
10:00 p.m. -7:00 a.m.
60
Industrial
All times
75
Noise -sensitive zone
All times
50
Sec. 10-23. Specific noises prohibited.
In addition to the maximum permissible sound level limits set out in table 1, and unless
otherwise exempted by this article or by act of the city, the following specific acts, or the causing
or permitting thereof, are hereby declared to be in violation of this article:
(1) Horns, signaling devices, and other similar devices. The sounding of any horn or
signaling device on any automobile or other vehicle, except as a danger warning; the sounding of
any signaling device for any unnecessary or unreasonable period of time as determined by a law
enforcement or code enforcement officer; and the unreasonable use of any signaling device.
Noises of safety signals, warning devices, and chimes of churches are exempt as are train horns,
in approach of a crossing or as notification of an emergency situation as well as noises resulting
from any authorized emergency vehicle when responding to an emergency call or acting in time
of emergency.
Str-uelEthFeagh passages are deleted. 13
Underlined aassages are added
2023-0-22
(2) Loudspeakers, public address systems. Use or operation of any loudspeaker, public
address system or similar device such that the sound there creates a noise disturbance within a
noise sensitive zone or any other use occupancy in accordance with table 1.
(3) Acceleration, turning or stopping of a motor vehicle. The intentional or repeated creation
of a noise disturbance through the acceleration, turning or stopping of any motor vehicle.
(4) Animals. Owning, possessing or harboring any animal which, frequently or for continued
duration, howls, barks, meows, squawks or makes other sounds which create excessive and
unnecessary noise across a residential or commercial real property line or within a noise sensitive
zone. For the purposes of this article, "barking dog" is defined as a dog that barks, bays, cries,
howls or makes any other noise continuously and/or incessantly for a period of ten minutes or
barks intermittently for one-half hour or more to the disturbance of any person at any time of day
or night.
(5) Loading and unloading. Loading and unloading, opening, closing or other handling of
boxes, crates, containers, equipment, building materials, garbage cans, dumpsters or similar
objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m.
on weekends or holidays within 150 feet of a residential property line or noise sensitive zone.
(6) Construction or demolition. Operating or causing the operation of any tools used in
construction, drilling, repair, alteration, or demolition work between the hours of 7:00 p.m. and
7:00 a.m. on weekdays, or between 6:00 p.m. and 10:00 a.m. on weekends or holidays within
150 feet of any residential or noise sensitive zone, except for emergency work by public service
utilities or by special permit approved by the city. This section shall not apply to the use of
domestic power tools.
(7) Domestic power tools. Operating or permitting the operation of any mechanically
powered saw, drill, grinder, lawn or garden tools or similar tool between 10:00 p.m. and 7:00
a.m. on weekdays, or 10:00 p.m. and 8:00 a.m. on weekends and holidays, unless said equipment
is operated inside a building or other structure so that the sound therefrom does not travel across
any residential real property line or noise sensitive zone. All such equipment shall be properly
muffled and maintained in working order so as not to create excessive or unnecessary noise.
Sec. 10-24. Classification of use occupancy.
For purposes of defining the use occupancy category the city's land development code shall
describe residential, multifamily, industrial and commercial designations. All property
containing permanent sleeping quarters, other than sleeping quarters in public lodging
establishments, shall be considered residential use. All public -lodging facilities, as defined by
F.S. § 509.13(4), shall be considered commercial use. All premises containing businesses where
sales, professional or other commercial activities are conducted shall be considered commercial
use. All premises where manufacturing is legally permitted shall be considered manufacturing
use. In case of multiple uses, the more restrictive use category shall prevail. Hospitals, nursing
homes, schools, libraries and churches shall be considered uses within a noise sensitive zone.
/0'°N
SIFuele!hrh-passages are deleted. 14
Underlined passages are added
2023-0-22
!Oft\
Sec. 10-25. Measurement standards.
The following standards shall be used in the measurement of sound level limits of noise:
(1) The measurement of sound or noise shall be made with a decibel or sound level meter
operating on the A -weighting scale of any standard design and quality meeting the standards
prescribed by the American National Standards Institute for a sound level meter. The instrument
shall be maintained in good working order and calibrated prior to each use. Measurements
recorded shall be taken so as to provide a proper representation of the noise source. The
microphone used during measurement shall be positioned so as not to create any unnatural
enhancement or diminution of the measured noise. A windscreen for the microphone shall be
used when required.
(2) The slow meter response of the sound level meter shall be used in order to best determine
that the average sound has not exceeded the standards set forth in table 1.
(3) The measurement shall be made at the property line on which such noise in generated or
perceived, as appropriate, five feet above the ground.
(4) In the case of an elevated or directional sound or noise source, compliance with the noise
limits is to be maintained at any elevation at the boundary.
Sec. 10-26. Waivers for cultural events.
The sponsors of a cultural event, which will occur infrequently and which reasonably may not
meet the noise standards and regulations provided above, may submit a request for waiver to the
city council, along with proposed precautions and conditions. The sponsors shall also provide 15
days' written notice to affected property owners within 500 feet of the proposed event, including
a description of the event and proposed conditions, the name and telephone number of a contact
for more information, and the date and time when the matter will be considered by the city
council. City staff shall review the proposal and comment on the reasonable expectations of
compliance or noncompliance with the provisions of this article and the likely impacts to the
surrounding community. The proposal, along with staffs comments, shall be reviewed by the
city council at an advertised public hearing. Any waiver granted will specify which provisions of
this article are waived, the times they are waived, and any additional conditions which apply.
Sec. 10-27. Enforcement.
Code enforcement and the police department shall have primary enforcement responsibility for
article II (Noise). If violations are enforced through code enforcement, the process will be held in
accordance with article XXVII.
Sec. 10-28. Penalties.
(a) Criminal. Any person, organization or corporation violating the provisions of this article
shall, upon conviction, be subject to the penalties provided in section 1-8 of the code of
Striek threug�6-passages are deleted. 15
Underlined passages are added
2023-0-22
ordinances of the city. Violation of this article is a second-degree misdemeanor. Violators may
be given a "notice to appear" or in the appropriate circumstances a physical arrest may be made.
(b) Cease-and-desist order. Upon determination by the police department that a source of
noise is being conducted in violation with this article, the police department shall issue an order
directing the operator thereof to cease and desist such operations until the violation is corrected.
If an owner fails to comply with a valid, duly served cease-and-desist order, he shall be guilty of
misdemeanor and punished heretofore provided.
(c) Civil proceedings. Upon determination by the city manager or his designee that a source
of noise is being conducted in violation of this article or a cease-and-desist order issued by the
police department, in addition to other remedies provided by this article and in the laws of the
state, the city manager or his designee may, upon authorization by the city council, institute any
appropriate action or proceedings to restrain, correct or abate such violations or otherwise
prevent the unlawful use of such noise operation or the unlawful operation of such facility by any
person. Upon conviction of three violations of this article within a 12 -month period, the noise
creating equipment may be confiscated by the court until the offender can satisfy the court that
he is prepared to and in fact will operate said equipment with limits of this article. Further
violation shall result in the permanent confiscation by the court upon correction.
Secs. 10-29-10-39. Reserved.
ARTICLE IIII, CLEANLINESS AND SANITATION OF PREMISES
Sec. 10-40. Littering—Public property and waterways.
(a) It shall be unlawful for any person to dump, throw, place or cast, or cause to be dumped,
thrown, placed or cast any refuse, rubbish, litter, trash, junk, garbage, or other unwholesome
matter or substance of any kind whatsoever on any street, avenue, road, highway, waterway or
any public way or along the rights-of-way thereof, including city, county, state and federal roads
and highways, and waterways, within the city, or in any public park, beach or other public
grounds in the city.
(b) It shall be unlawful for any person, directly or through an agent or employee to distribute
or cause to be distributed, deposited, placed, thrown, cast, scattered, handed out or circulated any
handbill, commercial advertisement or newspaper not subscribed on any unattended vehicle,
known vacant property or property with the appearance of vacancy or with the accumulation of
greater than two days of such material.
(c) It shall be unlawful for any person to distribute, cast, throw, or otherwise place circulars,
handbills, newspapers, magazines, papers, merchandise or discarded material on residential,
commercial or public real property after receiving notification by the owner or occupant thereof
that said owner or occupant does not wish to receive the item being distributed.
(d) It is to be expressly understood that the prohibitions set forth in subsection (a) do not
prohibit the orderly placing of refuse, litter, trash and garbage at street side for systematic
Stniek thr-eugh passages are deleted. 16
Underlined passages are added
2023-0-22
I00`'1
ra
collection by the city, but do specifically prohibit the indiscriminate and disorderly casting of
wastes on city streets.
Sec. 10-41. Same—Property of another.
It shall be unlawful for any person to place, sweep or scatter any trash, garbage, debris, or any
unwholesome or unsanitary matter or substance, in or upon any vacant lot or improved property
of another within the city.
Sec. 10-42. Same—Declaration of illegality and nuisance.
The allowing of debris, rubbish, garbage, trash, tin cans, papers, or other unsanitary
accumulations on any lot, tract, or parcel of land in the city to the extent that it constitutes or may
reasonably become a menace to life, property, health, the public welfare, or provide a nest and/or
breeding ground for mosquitoes, rats, mice, other rodents, snakes and other types of pests and
vermin shall be unlawful and hereby prohibited and declared to be a public nuisance.
Sec. 10-43. Inspection to determine prohibited conditions.
It shall be the duty of the code enforcement office(s) to make periodic inspections of the city for
the purpose of determining whether debris, rubbish, garbage, trash, tin cans, papers or other
unsanitary conditions have accumulated or occurred, on any lot, tract, or parcel of land within the
city to the extent that it constitutes or may reasonably become a menace to life, property, health,
the public welfare or provides a nest and/or breeding ground for mosquitoes, rats, mice, other
rodents, snakes, and other types of pests and vermin.
Secs. 10-44-10-78. Reserved.
ARTICLE IV. PROHIBITED USES
Sec. 10-79. Vehicle sales.
A limit of one vehicle may be displayed for sale on each residential district or property where the
primary use is residential subject to the following:
(1) The vehicle must not be in violation of sections 10-82, 10-113 and 10-115.
(2) The vehicle must be registered to the owner or tenant of the residential property at which
the vehicle has been placed for sale.
(3) A sign not to exceed 200 square inches may be used to advertise the sale of the vehicle.
No vehicle or combination of vehicles shall be displayed for sale more than two times in a
calendar year with a total duration of 30 days per occurrence.
Stfuek threugh-passages are deleted. 17
Underlined passages are added
2023-0-22
Sec. 10-80. Outdoor storage—Residential.
Open outdoor storage in residential districts or property where the primary use is residential is
expressly prohibited when seen from the right-of-way, except those items authorized in this
chapter.
Sec. 10-81. Storage on vacant lots; public right-of-way.
The sale, lease, or offering for sale or lease, or storage of any vehicles, including but not limited
to, cars, trucks, commercial vehicles, semi tractors, tractor trailers, watercraft, trailers,
recreational vehicles, campers, and equipment shall be prohibited on all vacant lots and all public
rights-of-way within the city.
Sec. 10-82. Commercial vehicles in residential areas.
For the purposes of this section, "commercial vehicle" means a vehicle or trailer designed,
intended, or used for transportation of people, goods, or things as part of a business.
(a) It shall be unlawful for a commercial vehicle, commercial trailer, semi tractors, tractor
trailers, step vans, cargo vans, box trucks, busses, or concession vehicles, with a greater than
one -ton rated capacity to be parked on any property whose primary use is residential.
(b) No more than one commercial vehicle with less than or equal to a one -ton rated capacity
shall be permitted to park on any property whose primary use is residential.
(c) A limit of one emergency vehicle or a commercial vehicle such as a tow truck, Florida
Power and Light vehicle, gas company vehicle and Florida East Coast Railway vehicle that are
subject for immediate recall to an emergency may be permitted on property whose primary use is
residential subject to the following:
(1) The vehicle must not be in violation of sections 10-115 and 10-5.
Sec. 10-83. Neglected premises.
(a) It shall be the duty of any person owning or controlling a house or other building or
premises to maintain such premises in a reasonably clean and orderly manner and to a standard
conforming to other orderly premises in that vicinity. It shall be a violation of this section to
abandon, neglect, or disregard the condition or appearance of any premises.
(b) Every exterior wall of every building shall be free of holes, breaks, loose or rotting
boards, or timbers. All siding material shall be kept in repair. Roofs shall be structurally sound
and maintained in a safe manner and have no defects.
(c) All portions of existing buildings, both interior and exterior, shall be maintained in such a
manner that structural strength, stability, sanitation, adequate light and indoor air quality, and
safety to life and property from fire and other hazards are provided for public safety, health, and
general welfare.
Stmek thxrpassages are deleted. 18
Underlined passages are added
2023-0-22
Sec. 10-84. Parking on drainage or maintenance easements or public rights-of-way.
It shall be unlawful to park or store any vehicle, boat, trailer, equipment or item(s) of any kind
that cause or may cause an impediment/obstruction on city, county, or state maintained drainage
easements or public rights-of-way, including lawn ornaments or any other objects not permitted
by the city and/or other appropriate jurisdictional authority.
Sec. 10-85. Portable outdoor storage units—Residential zoning.
Portable on demand storage type units such as PODS and CONEX containers or other similar
type of units may only be placed on developed residentially zoned property for a time period not
to exceed 30 days. Additional days may be approved by the building department when a permit
has been issued for the repair of a structure or for new construction. Placing portable on demand
type units on undeveloped property is prohibited.
Sec. 10-86. Portable outdoor storage units—Commercial zoning.
Portable on demand storage type units such as PODS and CONEX containers and trailers or
other similar type of units may only be placed on developed commercially zoned property.
Portable on demand type units and trailers in this section shall be considered an accessory use as
defined and regulated in the land development code. Portable on demand storage type units and
trailers shall be screened from view when visible from any public right-of-way or adjacent
property by a privacy fence or wall. The City of Edgewater Technical Review Committee shall
determine the allowable duration that a portable on demand unit(s) and trailer(s) may remain on
the property. The building department may approve the temporary placement of a storage unit
when a permit has been issued for the repair of a structure or for new construction. Placing
portable on demand type units and trailers on undeveloped property is prohibited.
Secs. 10-87-10-89. Reserved.
ARTICLE V SEWAGE DISPOSAL
Sec. 10-90. Sanitary disposal methods—Required generally.
Every residence and building in which human beings reside, are employed or congregate, shall
be required to have a sanitary method of disposing of human excrement, namely either a sanitary
water closet that is connected with the city sewer, or connected to an approved type of septic
tank. A septic tank may be used only on properties designated for single-family residential (SFR)
use and said SFR property boundaries are located more than 200 feet from the sewer line.
Properties with more than two residential dwellings or any non-residential use shall connect to
city sewer regardless of the 200 -foot rule.
Sec. 10-91. Same—Rented premises.
It shall be unlawful for any person owning or leasing any premises in the city to permit the
disposal of any human excrement on any property, leased or rented by any such person or the
agent of any such person, except in a sanitary water closet.
Stmele thFeugh-passages are deleted. 19
Underlined passages are added
2023-0-22
I^1
Secs. 10-92-10-95. Reserved.
ARTICLE VI. WEEDS, GRASS AND BRUSH; STANDARDS FOR PROPERTY
MAINTENANCE
Sec. 10-96. Purpose and intent.
The continuous growth and urban development of the city requires the reasonable and effective
control and regulation of excessive accumulation of weeds, grass, brush, undergrowth and other
similar plant life. Standards for property maintenance are necessary to prevent fire hazards;
deposit of litter; debris or combustible materials; infestation by rodents and other health
endangering wild animals; the breeding of mosquitoes and vermin; or, other nuisances which
threaten the public safety, or endanger the public health or adversely affect the economic welfare
of adjacent property.
Sec. 10-97. Reserved.
Sec. 10-98. Property maintenance—Duty of the owner.
(a) Maintenance of commercial and industrial zoned lots. The owner of every improved lot,
piece and parcel of land located within a commercial or industrial zone within the city shall keep
each such lot, piece or parcel of land free and clear of all fallen trees and limbs and all weeds,
grass and brush exceeding 12 inches in height. However, nothing in this section shall be
construed to require natural areas located within larger improved lots to be cut to a height less
than 12 inches within such natural areas. Unimproved vacant parcels adjacent to improved
parcels will be inspected by the city to determine severity of hazard to the improved property. If
it is determined by the city that the property does pose a hazard, the owner of the unimproved
vacant parcels will be required to keep 20 feet of their parcel that is adjoining an improved parcel
of land free and clear of all fallen trees, limbs and brush exceeding 36 inches in height.
(b) Maintenance of improved residential lots. The owner of an improved lot in a residential
zone shall keep such lot free and clear of all fallen trees and limbs. All weeds, grass and brush
shall be cut to a height not exceeding 12 inches. However, nothing in this section shall be
construed to require natural areas located within larger improved lots to be cut to a height less
than 12 inches within such natural areas.
(c) Maintenance of unimproved residential lots. Unimproved vacant parcels adjacent to
improved parcels will be inspected by the city fire department and/or code enforcement to
determine severity of hazard to the improved property. If it is determined by the city that the
property does pose a hazard, the owner of the unimproved vacant lot in a residential zone will be
required to keep 20 feet of their parcel/lot that is adjoining an improved lot free and clear of all
fallen trees and limbs, and all weeds, grass and brush therein shall be cut to a height not
exceeding 36 inches within such areas.
(d) Maintenance of rights-of-way and abutting property owners. It shall be the duty of every
owner of real property within the city to at all times cause to be cut and mowed, the grass and
weeds and to cause to be cut and trimmed, the flowers, vines and shrubbery. Performance shall
Striek tkteugh-passages are deleted. 20
Underlined passages are added
2023-0-22
be in a manner that protects and promotes the public health, safety and welfare and presents an
aesthetically pleasing appearance in those areas of the right of way abutting their properties. It
shall also be the duty of every owner of real property to properly dispose of said trimmings.
Rights-of-way abutting improved residential or commercial lots shall be maintained as provided
in subsections (a) and (b). Rights-of-way abutting unimproved residential lots shall be
maintained as provided in subsection (c) for the maintained portion of residential lots. This
maintenance area is that space between the private property lot or survey line of the property
owner and the paved or graded portion of the public street adjacent thereto and includes that area
between a sidewalk and street. The ground cover in the rights-of-way and other areas subject to
erosion shall be grass unless other ground cover has been approved by the city.
(e) Garbage, waste, trash, etc., prohibited. The owner of every lot, piece and parcel of land
located within the city shall keep each such lot, piece and parcel of land free and clear of
garbage, waste, trash, debris and junk.
(f) No property maintenance permit required, other restrictions and requirements
applicable. No permit shall be required for the limited property maintenance required by this
section; however, the requirements, restrictions and limitations imposed by other sections of this
Code and applicable provisions of the land development code pertaining to environmental
preservation, tree removal, change of grade, etc., shall be applicable. In the event of any conflict
between this section and any other provision of this Code or applicable provision of the land
development code, the other sections of this Code or applicable provisions of the land
/001� development code shall prevail and govern.
Sec. 10-99. Excessive growth prohibited.
No person shall permit weeds, grass, brush or other similar plant life to grow to a height
exceeding 12 inches on any property within the city which has been mowed, cleared or altered
from its original natural state.
Sec. 10-100. Damaging ground cover
It shall be unlawful to intentionally damage the grass ground cover in the right-of-way area or
any required ground cover on any improved lot.
Secs. 10-101-10.105. Reserved
AR TICLE VII. R UBBISH AND GARBA GE
Sec. 10-106. Accumulation of rubbish or garbage.
(a) All exterior property and premises, and the interior of every structure, shall be free from
any accumulation of debris, newspapers, rubbish, junk, trash, cans, paper, tires, furniture,
building materials or appliances.
Stmek th eugh-passages are deleted. 21
Underlined passages are added
2023-0-22
(b) It shall be the duty of any person owning or controlling a house or other building or
premises to remove any uncontained rubbish or garbage on both the subject parcel and the
adjacent right-of-way.
Sec. 10-107. Disposal of rubbish or garbage.
(a) Every occupant of a structure shall dispose of all rubbish or garbage in a clean and
sanitary manner by placing such items in approved containers provided by the occupant.
(b) All containers shall be stored on the premises of the owner or tenant behind the front
dwelling line, until containers are placed at the right-of-way on scheduled pickup days.
(c) Containers may be placed in the adjacent street right-of-way no earlier than 4:00 p.m. the
evening before the scheduled pickup service and shall be removed no later than 11:00 p.m. on
the day of scheduled pick up service.
Sec. 10-108. Approved containers.
Approved containers shall be leakproof and have close -fitting lids that deter animals from
accessing the containers.
Sec. 10-109. Burning or burying garbage, other refuse.
No garbage, trash, brush, natural cover or other refuse shall be burned and no garbage shall be
buried within the city.
Secs. 10-110, 10-111. Reserved.
ARTICLE VIII. VEHICLES
Sec. 10-112. Scope.
The purpose of this article is to establish criteria for the identification and regulation of
inoperable, abandoned and/or wrecked vehicles.
Sec. 10-113. Inoperable, abandoned, and/or wrecked vehicles.
(a) A vehicle shall be determined or defined as inoperable, abandoned, and/or wrecked by
the code enforcement officer should any of the following be applicable:
(1) The vehicle creates a threat to public health, safety or welfare due to its condition or the
conditions in, under or around subject vehicle.
(2) The vehicle causes violations of federal, state or local environmental regulations by
leaking noncontained hazardous fluids, such as oil, fuel, gear grease, hydraulic fluid, ethylene -
glycol or antifreeze coolant additives and any other regulated chemicals which pose a threat to
public health, safety or welfare by entering the groundwater supply or significantly running off
Stmele thFeugh-passages are deleted. 22
Underlined passages are added
2023-0-22
the vehicle onto the surrounding area, creating dangerous/hazardous conditions for passing
motorists or persons.
(3) The vehicle is associated with discarded items accumulating in, on or around its
immediate area, causing vehicle to meet criteria for "nuisance".
(4) A vehicle that is stored with open hood, doors, hatches and compartments exposed to the
general public or neighboring properties for any period exceeding 24 hours.
(5) A vehicle visible to the general public or neighboring properties, which a code
enforcement officer cannot establish ownership or the responsible party declines to resolve valid
issues contained within this article, shall be determined to be abandoned.
(6) The vehicle is without a current valid assigned license tag and registration that is
appropriately displayed or a current vehicle restoration permit.
(7) The vehicle is wrecked, meaning any motor vehicle the condition of which is wrecked,
dismantled, partially dismantled, incapable of operation by its own power on any public street, or
from which the wheels, engine, transmission or other substantial part thereof is inoperable and/or
removed.
(b) Vehicles deemed to be inoperable, abandoned and/or wrecked shall not be stored in any
zoning district except as provided for in section 10-114.
Sec. 10-114. Same—Restoration and permits—For residential properties.
(a) Any person seeking to openly restore a vehicle on property designated for residential use
shall obtain a vehicle restoration permit issued by the code enforcement officials. The vehicle
restoration permit shall be posted conspicuously at the residence during the period of restoration.
(b) The application for a vehicle restoration permit shall include the following:
(1) Current photograph of the vehicle;
(2) Description of restoration plan(s) including a schedule;
(3) Vehicle identification number;
(4) Fees paid as determined by resolution.
(c) A vehicle restoration permit authorizes the following:
(1) Restoration may be performed in an open area. When stored, the vehicle shall be stored
in an area not visible to the public or neighboring properties.
(2) A vehicle being restored shall be stored in an area hidden from view by stockade fencing,
chain link fencing with slatting, masonry wall, custom car cover or stored inside a garage.
Stmek threugh-passages are deleted. 23
Underlined passages are added
2023-0-22
(d) The term of the permit shall be six months. Additional renewals will be available
provided that restoration progress is consistent.
(e) Vehicles being restored shall be owned by the occupant of the property.
(f) A donor vehicle stored on property to supply parts for the permitted restoration vehicle
shall comply with all of the above.
Sec. 10-115. Parking in residential areas.
All motor vehicles shall be kept on an approved driveway.
Overflow parking is allowed only after the approved driveway has reached its parking capacity.
Overflow parking is limited to no more than two operable motor vehicles parked in the area
immediately parallel towards the side lot line away from the front yard of an approved driveway.
The ground beneath the vehicle parked off the approved driveway must be maintained to
promote an aesthetically pleasing appearance.
Secs. 10-116-10-119. Reserved.
ARTICLE IX. WATERCRAFT, WATERCRAFT TRAILERS, MOTOR HOMES, TRAILERS,
RECREATIONAL VEHICLE TRAILERS AND CAMPERS
Sec. 10-120. Scope.
The purpose of this article is to establish criteria for the parking and storage of noncommercial
watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers on
property designated for residential areas.
Sec. 10-121. Same—Storage/parking.
(a) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall have a current and valid assigned
license tag and registration that is appropriately displayed, except any boat or trailer out of view
of the general public or neighboring properties shall not be required to have a valid license tag.
(b) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall be maintained in an operable
condition.
(c) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers may be parked or stored on an approved driveway, immediately parallel towards the
side lot line away from the front yard of an approved driveway, alongside the house behind the
front dwelling line or in the backyard subject to the following conditions:
passages are deleted. 24
Underlined passages are added
2023-0-22
(1) No watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers or any part thereof may rest on or occupy airspace past the property line or right-of-
way.
(2) Watercraft must be stored on operable trailers.
(d) Boat motors of watercraft parked or stored on property designated for residential use
shall not be operated before 7:00 a.m. or after 10:00 p.m.
(e) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall not be used as a dwelling nor
shall waste materials be permitted to discharge.
(f) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall meet reasonable standards of
appearance and maintenance as follows:
(1) The ground beneath the watercraft, watercraft trailers, motor homes, trailers, recreational
vehicle trailers and campers shall be maintained to promote an aesthetically pleasing appearance
and not create a nuisance.
(2) Watercraft trailers, motor homes, trailers, recreational vehicle trailers and camper tires
shall be inflated to tire specifications.
(3) The watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer and
camper shall be kept clean and not be allowed to become a nuisance that can be detected beyond
the owner's property line.
(4) Only routine repairs and maintenance may be performed on watercraft, watercraft
trailers, motor homes, trailers, recreational vehicle trailers and campers parked in front yards.
(g) The owner of the watercraft, watercraft trailers, motor homes, trailers, recreational
vehicle trailers and campers must reside on the premises where the item is parked or stored.
Additional property owned by the resident adjacent to the residence is considered to be a part of
the premises for this purpose. The vehicles shall not be used for residential purposes, except
during an emergency or natural disaster. The vehicles may be used for residential purposes only
after application for building permit(s) for repair after a natural disaster and until the restoration
of water, sewer and electrical services. If the building is uninhabitable, as determined by the
building official, an additional six months from utility restoration may be permitted at the
discretion of the city manager.
(h) Visitors may reside in their motor homes on property designated for residential use for a
maximum of a two-week period with a permit. Waste materials shall not be permitted to
discharge. A visitor residing in a motor home shall be permitted no more than twice in a six-
month period. These permits shall be issued by the city clerk's office and prominently displayed
so as to be visible from the street.
Stmek thFeugh-passages are deleted. 25
Underlined passages are added
2023-0-22
(i) A limit of one vehicle (watercraft, watercraft trailer, motor home, trailer, recreational
vehicle trailer or camper) per 4,000 square feet of lot area may be stored on residentially zoned
property.
Secs. 10-122-10-125. Reserved.
ARTICLE X INSPECTIONS
Sec. 10-126. Existing building inspections.
Before issuing a permit, the building official may examine or cause to be examined any building,
electrical, gas, mechanical or plumbing systems for which an application has been received for a
permit to enlarge, alter, repair, move, demolish, install or change the occupancy. He or she shall
inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to
time, during and upon completion of the work for which a permit was issued. He or she shall
make a record of every such examination and inspection and of all violations of the technical
codes.
Sec. 10-127. Manufacturers and fabricators.
When deemed necessary by the building official, he or she shall make or cause to be made, an
inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be
made of every such examination and inspection and of all violations of the technical codes.
Sec. 10-128. Inspection service.
The building official may make or cause to be made, the inspections required by this chapter. He
or she may accept reports of department inspectors, independent inspectors or recognized
inspection services, provided that after investigation he or she is satisfied as to their licensure,
qualifications and reliability. A certificate required by any provision of this Code shall not be
based on such reports unless recorded by the building code inspector or the architect or engineer
performing building code inspections in a manner specified by the building official. The building
official shall ensure that all persons making such inspections are certified in accordance to F.S.
ch. 468.
Sec. 10-129. After-hours inspections.
The term after hours shall mean that time after 4:30 p.m. and prior to 8:00 a.m. weekdays. In the
event that a permitted construction project requires after hours or weekend inspection, requests
shall be completed on the approved request form, submitted within the specified time frame and
the fee for such inspection shall be paid in accordance with the established fee table. In order to
obtain after hours inspection the following must be met:
- Requests must be made before noon on the day preceding the day the inspection is needed; and
- Requests for weekend or holiday inspections must be submitted one week in advance.
&tmek tlmugh-passages are deleted. 26
Underlined passages are added
2023-0-22
Sec. 10-130. Site debris.
Property owners are responsible for assuring that the work sites on their property and the
adjacent streets are not littered during any construction period. This obligation and duty includes
unused or discarded work materials in addition to personal trash of the workmen (lunch items,
cans, papers, etc.). All debris shall be kept in such a manner as to prevent it from being spread by
any means. Construction job sites must be kept clean, such that accumulation of construction
debris must not remain on the property for a period exceeding 14 days. The contractor and/or
owner of any active or inactive construction project shall be responsible for the clean-up and
removal of all construction debris or any other miscellaneous discarded articles prior to receiving
a final inspection approval. All waste removal receptacles must be city -approved. Streets must
remain passable and not obstructed by vehicles or associated machinery or equipment utilized for
the building process. Construction materials may not be placed on the roadway or right-of-way
area.
Sec. 10-131. Tent permits.
(a) Required. No tent shall be erected within the city until a permit has been obtained from
the building division and the fire department.
(1) Tents/canopies meeting all of the following requirements are exempt from permitting:
a. Is 400 square feet or less;
b. Does not have attachable sides;
C. Does not have provisions for electricity;
d. Is not utilized for a place of assembly for more than 50 people; and
e. Does not provide for the sale of hazardous materials.
(b) Application. An application for a tent permit shall include the following:
(1) Letter from the property owner, authorizing use of the property.
(2) Certification of tent fire resistance, effective for the period specified by the permit.
(3) Tent permit application form.
(c) Issuance; conditions. A permit shall be subject to the following conditions:
(1) Inspection shall be requested by the permittee when the grounds are prepared by cutting
grass, removing debris or any other potential fire hazards and electric service is ready for
connection. Inspection approval will authorize erection of the tent.
Ststeltlr-eugh-passages are deleted. 27
Underlined passages are added
2023-0-22
(2) Final inspection by the building department and fire prevention inspector shall be
requested by the permittee when the tent is erected, sanitary facilities are provided and seats and
fire extinguishers are installed.
(3) The tent shall not be occupied or electrical service connected until satisfactory final
inspections, as determined by the city, have been performed.
(4) Permits are limited to two weeks, with provision for one extension of two weeks after
satisfactory reinspection and approval by the city to ensure safety to life conditions have not
deteriorated.
(5) No tent shall be permitted on a site for a period longer than 28 days unless authorized by
the development services director or his designee. No permit shall be issued for the same site
within a period of 180 days following expiration of a tent permit.
(6) Adequate parking shall be provided.
Secs. 10-132-10-135. Reserved.
ARTICLEXI. UNSAFE OR UNSANITARYBUILDINGS
Sec. 10-136. Authority to condemn.
The city is authorized to condemn and order to be demolished and removed, or to be put in a
sound state of repair, any and all buildings and structures within the city found to be in a
dilapidated, unsanitary, unsafe or uninhabitable condition. Additionally, city officials, as
designated herein in emergency circumstances, are authorized to demolish and remove or to be
put in a sound state of repair, any and all buildings and structures within the city found to be in a
dilapidated, unsanitary, unsafe or uninhabitable condition as set forth in the city's codes and
ordinances adopted from the most current edition of the Unsafe Building and Abatement Code.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
Stmelc- # h -passages are deleted. 28
Underlined passages are added
2023-0-22
Sec. 10-137. Periodic inspection of buildings; notice of condemnation; hearing.
(a) The building official, the fire chief, the code official or their designees, are authorized to
periodically inspect buildings and structures within the city and if such official finds any building
or structure to be in a dilapidated, unsanitary, unsafe or uninhabitable condition, shall report such
fact in writing to the city manager, specifying in detail the condition of the building or structure.
The city shall thereupon determine whether or not a public hearing shall be held to condemn
such building or structure. If the city manager determines such hearing will be held, he or she
shall cause to be placed upon such building or structure a notice of condemnation and
simultaneously therewith direct to be delivered to the owner or owners or any one owner, and
any mortgagee or lienholder as outlined in section 10-349 "Notices", that the building or
structure thereon has been found by officials of the city to be in dilapidated, unsanitary, unsafe or
uninhabitable condition, and that the city intends to condemn the same. Such notice shall further
provide that a hearing will be held before the special magistrate at a stated time and at a stated
place, and that at such time and place a full determination will be made by the special magistrate
as to the condition of the building or structure.
(b) The property owner and the city manager, or designee, at the hearing, shall be heard and
be permitted to present such relevant evidence as they desire. The special magistrate may accept
evidence from the general public as deemed appropriate for the particular case.
Sec. 10-138. Uninhabitable, dilapidated, unsafe or unsanitary buildings or structures.
(a) A building or structure shall be uninhabitable, dilapidated, unsafe or unsanitary when:
(1) An order has been issued by the city under its codes or ordinances finding that a public
nuisances exists; and
(2) It is found to have one or more of the following characteristics:
a. It is vacant, unguarded and open at doors or windows;
b. There is an unwarranted accumulation of debris or other combustible material therein;
C. The structure's condition creates hazards with respect to means of egress and fire
protection as provided for the particular occupancy;
d. There is a falling away, hanging loose or loosening of any siding, block, brick or other
building material;
e. There is a deterioration of the structure or structural parts;
f. The structure is partially destroyed;
g. There is an unusual sagging or leaning out of plumb of the structure or any parts of the
structure and such effect is caused by deterioration or over -stressing;
h. The electrical or mechanical installations or systems create a hazardous condition; or
Stmek passages are deleted. 29
Underlined passages are added.
2023-0-22
i. An unsanitary condition exists by reason of inadequate or malfunctioning sanitary
facilities or waste disposal systems;
(3) It is found to have one or more of the characteristics in subsections (2)(a) through (2)(i)
and an order has been issued by the special magistrate sitting as the city's public nuisance
abatement official declaring the subject property to be a public nuisance.
(b) A building or structure found to be uninhabitable, dilapidated, unsafe or unsanitary as
provided in this section shall be subject to demolition.
(c) The city may sell any material salvaged from any demolished building or structure and
any other property contained therein or thereupon and credit the proceeds against the cost of
demolition or removal or where an independent contractor is employed to demolish or remove
any such building or structure, to convey such material or property to the contractor as
compensation or partial compensation for such demolition or removal. Should the proceeds from
the disposition of such materials or property exceed the cost of such demolition or removal, such
excess shall be used, applied or paid over in accordance with the written directions of the parties
entitled thereto.
(d) The city is authorized to appropriate and expend such funds as may be necessary to carry
out the provision of this article. Nothing contained herein shall require the city to appropriate or
expend any funds to carry out the purpose of this article. The authority granted herein is
permissive and shall not be construed to impose an obligation on the building official or the city
to condemn any building or structure.
(e) Nothing herein precludes exercise of emergency powers otherwise available in the face of
imminent threat to public safety.
(f) The provisions of this article shall not be deemed to repeal or modify any provision of a
city code or ordinance relating to condemning of buildings and structures but the provisions
herein shall be supplemental and in addition to the powers that may be exercised by the city
through its city council or its officers and employees.
Sec. 10-139. Order of condemnation; repair or removal.
If the special magistrate determines upon hearing that such building or structure should be
condemned, such fact shall be stated in writing to the property owner including reasonable
specifications as to the deficiencies justifying such condemnation and the property owner shall
be given a reasonable time, according to the size, condition and location of such building or
structures, in which to cause the building or structure to be demolished and removed, the illegal
conditions abated or placed in a state of sound repair. In the event of failure on the part of the
property owner within such time period to effect the demolition and removal, abatement or
repair, then such building or structure will be demolished and removed by the city and the cost of
the same specially assessed as a lien against the land. The order of condemnation shall be
delivered to the property owner or owners or any one owner, as outlined in section 10-349
("Notices"). The lack of a signed returned receipt shall not constitute a failure to notify owners or
interested parties. Service shall be deemed complete upon mailing. The order of condemnation
shall be recorded in the public records of the county as a municipal special assessment lien. The I0001N
recordation of such order of condemnation as a municipal special assessment lien as provided in
StRu-ek gh r. A -%t passages are deleted. 30
Underlined passages are added.
2023-0-22
this section shall constitute notice to any subsequent purchasers, transferees, grantees,
mortgagors, mortgagees, lessees, lienors and all persons having, claiming or acquiring any
interest in the property described therein or affected thereby. No condemned building or structure
stating that the same is condemned shall be occupied or used for any purpose during the period
of time the same is condemned.
Sec. 10-140. Demolition by city; municipal special assessment lien.
If, within the time stated in the order of condemnation/municipal special assessment lien
provided for in section 10-137, the property owner fails to demolish and remove or repair such
condemned building or structure and has not shown cause which justifies an extension of time,
the city shall forthwith order such building or structure to be demolished or removed by the city
and the actual costs including administrative costs of the same specially assessed as a municipal
special assessment lien upon the land. The city may enforce its municipal special assessment lien
and maintain a personal action against the property owner or owners at the same time to recover
such cost and any and all interest accrued thereon. In any suit by the city either at law or in
equity for the collection of the amount of the lien, the city shall be entitled to recover its actual
costs and attorney's fee for the suit and such costs and attorney's fee shall also become a lien
upon the land. Any lien for costs and fees incurred pursuant to sections 10-136 through 10-141
shall constitute a lien for special assessments and with the same penalties and rights of
collection, foreclosure, sale and forfeiture as obtained for special assessment liens.
Sec. 10-141. Emergency powers.
(06b� The city manager, building official, fire chief, or code enforcement officer shall have the power
to promptly cause a building, structure or portion thereof to be made safe or cause its removal in
cases of emergency which have been determined to involve imminent danger to human life or
health. For this purpose such structure or land on which such structure stands or abutting land or
structures may be entered by such official with such assistance and at such cost as the official
may deem necessary. The official may order the vacation of adjacent structures and may protect
the public by appropriate fencing or such other means as may be necessary and for this purpose
may close a public or private way. All costs incurred by the city pursuant to this section shall be
assessed and enforced as stated in section 10-344 and other controlling provisions of the city's
codes and ordinances.
Secs. 10-142-10-145. Reserved.
ARTICLE XII. APPLICABILITY
Sec. 10-146. General.
The provisions of this Code shall apply to all matters affecting or relating to structures and
premises, as set forth in this chapter. Where, in a specific case, different sections of this Code
specify different requirements, the most restrictive shall govern.
Sec. 10-147. Maintenance.
Equipment, systems, devices and safeguards required by this Code or a previous regulation or
eol� code under which the structure or premises was constructed, altered or repaired shall be
1� passages are deleted. 31
Underlined passages are added.
2023-0-22
maintained in good working order. No owner, operator or occupant shall cause any service,
facility, equipment or utility which is required under this section to be removed from or shut off
from or discontinued for any occupied dwelling, except for such temporary interruption as
necessary while repairs or alterations are in progress. The requirements of this Code are not
intended to provide the basis for removal or abrogation of fire protection and safety systems and
devices in existing structures. Except as otherwise specified herein, the owner or the owner's
designated agent shall be responsible for the maintenance of buildings, structures and premises.
Sec. 10-148. Application of other codes.
Repairs, additions or alterations to a structure or changes of occupancy, shall be done in
accordance with the procedures and provisions of the most current edition of the Florida
Building Code. Nothing in this Code shall be construed to conflict with any provision of the
Florida Building Code.
Sec. 10-149. Existing remedies.
The provisions of this Code shall not be construed to abolish or impair existing remedies of the
city or its officers or agencies relating to the removal or demolition of any structure, which is
dangerous, unsafe and unsanitary.
Sec. 10-150. Workmanship.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by
the enforcement of this Code shall be executed and installed in a workmanlike manner and /''`N
installed in accordance with the manufacturer's installation instructions.
Sec. 10-151. Historic buildings.
The provisions of this Code shall not be mandatory for existing buildings or structures
designated as historic buildings when such buildings or structures are judged by the code official
to be safe and in the public interest of health, safety and welfare.
Sec. 10-152. Referenced codes and standards.
The codes and standards referenced in this Code shall be those that are listed in Florida Building
Code requirements of this Code to the prescribed extent of each such reference. Where
differences occur between provisions of this Code and the referenced standards, the provisions of
this Code shall apply.
Sec. 10-153. Requirements not covered by code.
Requirements necessary for the strength, stability or proper operation of an existing fixture,
structure or equipment, or for the public safety, health and general welfare, not specifically
covered by this Code, shall be determined by the code official.
Stmek tkeuo passages are deleted. 32
Underlined passages are added.
2023-0-22
�v■r.� Secs. 10-154-10-157. Reserved.
�1
ARTICLE XIII. DUTIES AND POWERS OF THE CODE OFFICIAL
Sec. 10-158. General.
The code official shall enforce the provisions of this Code.
Sec. 10-159. Authority.
The city manager shall have authority as necessary in the interest of public health, safety and
general welfare, to promulgate procedures to implement this Code. The code official shall have
the authority to interpret and implement the provisions of this Code; to secure the intent thereof;
and to designate requirements applicable because of local climatic or other conditions. Such
interpretations shall not have the effect of waiving structural or fire performance requirements
specifically provided for in this Code or of violating accepted engineering methods involving
public safety.
Sec. 10-160. Inspections.
The code official shall make all of the required inspections or shall accept reports of inspection
by approved agencies or individuals. All reports of such inspections shall be in writing and be
certified by a responsible officer of such approved agency or by the responsible individual. The
code official is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the city manager.
Sec. 10-161. Right of entry.
The code enforcement officers are authorized to enter the structure or premises at reasonable
times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If
entry is refused or not obtained, the code enforcement officers are authorized to seek the city
attorney to take actions to pursue recourse as provided by law.
Sec. 10-162. Identification.
The code officials shall carry proper identification when inspecting structures or premises in the
performance of duties under this Code.
Sec. 10-163. Notices and orders.
The code officials shall issue all necessary notices or orders to ensure compliance with this Code.
Sec. 10-164. Department records.
The code officials shall keep official records of all business and activities of the department
specified in the provisions of this Code. Such records shall be retained in the official records as
long as the building or structure to which such records relate remains in existence, unless
otherwise provided for by other regulations.
Stmsk threuo passages are deleted. 33
Underlined passages are added.
2023-0-22
Secs. 10-165-10-167. Reserved.
ARTICLEXIV. UNSAFE STRUCTURES AND EQUIPMENT
Sec. 10-168. General.
When a structure or equipment is found by the code official to be unsafe; or when a structure is
found unfit for human occupancy, or in a dilapidated, unsanitary, or uninhabitable condition, or
is found unlawful, such structure shall be condemned pursuant to the provisions of the city's
codes and ordinances.
Sec. 10-169. Unsafe structures.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety of
the public or the occupants of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire or because such structure contains unsafe equipment or is so
damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
Sec. 10-170. Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical
wiring device, flammable liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment is a hazard to life, health,
property or safety of the public or occupants of the premises or structure.
Sec. 10-171. Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is
unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks
maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks
ventilation, illumination, sanitary or heating facilities or other essential equipment required by
this Code, or because the location of the structure constitutes a hazard to the occupants of the
structure or to the public.
Sec. 10-172. Unlawful structure.
An unlawful structure is one found in whole or in part to be occupied by more persons than
permitted under this Code or was erected, altered or occupied contrary to law.
Sec. 10-173. Prohibited occupancy.
Any occupied structure condemned and placarded by the code official shall be vacated as
ordered by the code official. It is prohibited and unlawful for any person to occupy a placarded
premises or to operate placarded equipment.
Sec. 10-174. Vacant or uninhabited structures.
Damaged openings such as doors, windows or other apertures or holes in the building envelope
shall be allowed to be temporarily protected for a period of time not to exceed 90 days. Materials
eek threao passages are deleted. 34
Underlined passages are added.
2023-0-22
/0"111N used to protect or cover the opening can be any material approved for use by the then current
edition of the Florida Building Code. If using wood structural panels, oriented strand board
(OSB), plywood or any other natural wood product, the material used to enclose the building
must be neatly fitted to protect the opening and shall be painted to blend in or match the rest of
the building.
Sec. 10-175. Occupied or inhabited structures.
Damaged openings such as doors, windows or other apertures or holes in the building envelope
shall be allowed to be temporarily protected, but repairs or replacement of the damaged doors,
windows or other apertures must take place within 90 days. Materials used to temporarily
protect, cover or replace the opening can be any material approved for use by the then current
edition of the Florida Building Code.
Sec. 10-176. Reserved.
Secs. 10-177, 10-178. Reserved.
ARTICLE XV. EMERGENCYMEASURES
Sec. 10-179. Imminent danger.
When, in the opinion of the code official, there is imminent danger of failure or collapse of a
building or structure which endangers life, or when any structure or part of a structure has fallen
/0"IN and life is endangered by the occupation of the structure, or when there is actual or potential
danger to the building occupants or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of
defective or dangerous equipment, the code official is hereby authorized and empowered to order
and require the occupants to vacate the premises forthwith. The code official shall cause to be
posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe
and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any
person to enter such structure except for the purpose of securing the structure, making the
required repairs, removing the hazardous condition or of demolishing the same.
Sec. 10-180. Temporary safeguards.
Notwithstanding other provisions of this Code, whenever, in the opinion of the code official,
there is imminent danger due to an unsafe condition, the code official shall request the city
manager to order the necessary work to be done, including the boarding up of openings, to render
such structure temporarily safe whether or not the legal procedure herein described has been
instituted; and shall cause such other action to be taken as the code official deems necessary to
meet such emergency.
Sec. 10-181. Closing streets.
When necessary for public safety, the code official shall temporarily close structures and close or
order the authority having jurisdiction to close, sidewalks, streets, public ways and places
adjacent to unsafe structures, and prohibit the same from being utilized.
passages are deleted. 35
Underlined passages are added.
2023-0-22
Sec. 10-182. Emergency repairs.
For the purposes of this section, the code official shall request the city manager to authorize the
necessary labor and materials to perform the required work as expeditiously as possible.
Sec. 10-183. Costs of emergency repairs.
Costs incurred in the performance of emergency work shall be paid by the owner of the property
causing such costs to the city. Upon failure to pay the city, the city shall record a municipal
special assessment lien upon the property.
Sec. 10-184. Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any
affected person shall thereafter and upon petition directed to the city manager, be afforded a
hearing consistent with controlling law.
Secs. 10-185-10-189. Reserved.
ARTICLE XVI. MAINTENANCE OF STRUCTURES, EQUIPMENT AND EXTERIOR
PROPERTY
Sec. 10-190. Scope.
Unless otherwise expressly stated, the following terms shall, for the purposes of this Code, have
the meanings shown in this article. The provisions of this article shall govern the minimum
conditions and the responsibilities of persons for maintenance of structures, equipment and
exterior property.
Sec. 10-191. Interchangeability.
Words stated in the present tense include the future; words stated in the masculine gender
include the feminine and neuter; the singular number includes the plural and the plural, the
singular.
Sec. 10-192. Reserved.
Sec. 10-193. Terms defined in other codes.
Where terms are not defined in this Code and are defined in the Florida Building Code or the
city's codes and ordinances, such terms shall have the meanings ascribed to them as stated in
those codes when applicable.
Sec. 10-194. Terms not defined.
Where terms are not defined through the methods authorized by this section, such terms shall
have ordinarily accepted meanings such as the context implies.
it -tom passages are deleted. 36
Underlined passages are added.
2023-0-22
Sec. 10-195. Parts.
Whenever the words "dwelling unit," "dwelling," "efficiency unit," "premises," "building,"
"rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this Code, they
shall be construed as though they were followed by the words "or any part thereof."
Sec. 10-196. Reserved.
Sec. 10-197. Responsibility.
The owner of the premises shall maintain the structures and exterior property in compliance with
these requirements, except as otherwise provided for in this Code. A person shall not occupy as
owner -occupant or permit another person to occupy premises which are not in a sanitary and safe
condition and which do not comply with the requirements of this chapter. Occupants of a
dwelling unit, efficiency unit, rooming unit or housekeeping unit are responsible for keeping in a
clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit
or premises which they occupy and control.
Sec. 10-198. Vacant structures and land.
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe,
secure and sanitary condition as provided herein so as not to cause a blighting problem or
adversely affect the public health or safety.
/051111\ Secs. 10-199-10-201. Reserved.
./PMIII�
ARTICLE XVII. EXTERIOR PROPERTYAREAS
Sec. 10-202. Sanitation.
All exterior property and premises shall be maintained in a clean, safe and sanitary condition.
The occupant shall keep that part of the exterior property which such occupant occupies or
controls in a clean and sanitary condition. Nothing in this Code shall be deemed to preclude
action being taken by the city under the provisions of article VI relating to weeds, wild growth
and debris remediation by the city.
Sec. 10-203. Grading and drainage.
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the
accumulation of stagnant water thereof or within any structure located thereon, except for
approved retention areas and reservoirs.
Sec. 10-204. Sidewalks and driveways.
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a
proper state of repair and maintained free from hazardous conditions.
StFusli thmfth passages are deleted. 37
Underlined passages are added.
2023-0-22
Sec. 10-205. Rodent harborage.
All structures and exterior property shall be kept free from rodent harborage and infestation.
Where rodents are found, they shall be promptly exterminated by approved processes which will
not be injurious to human health. After extermination, proper precautions shall be taken to
eliminate rodent harborage and prevent reinfestation.
Sec. 10-206. Exhaust vents.
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease,
smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or
private property or that of another tenant.
Sec. 10-207. Accessory structures.
All accessory structures, including but not limited to fences and walls, greenhouses, gazebos,
storage buildings, storage shed, garages, carports and the like shall be maintained structurally
sound and in good repair.
Sec. 10-208. Vehicles.
Except as provided for in other regulations, no inoperative or unlicensed vehicle shall be parked,
kept or stored on any premises (including public property) and no vehicle shall at any time be in
a state of major disassembly, disrepair or in the process of being stripped or dismantled. Painting
of vehicles is prohibited unless conducted inside an approved spray booth. Removal of junk
vehicles on public property shall be subject to the provisions of chapter 17 article IV of the city
code.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work,
on a property owner's property if such work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
Sec. 10-209. Defacement of property.
It is prohibited and unlawful for a person to willfully or wantonly damage, mutilate or deface any
exterior surface of any structure or building on any private or public property by placing thereon
any marking, carving or graffiti, to include specific murals, paintings and wording that is not
permitted within the Edgewater Land Development Code or consistent with the structure type,
design or location. It shall be the responsibility of the owner to restore said surface to an
approved state of maintenance and repair.
5�# passages are deleted. 38
Underlined passages are added.
2023-0-22
14� Secs. 10-210-10-213. Reserved.
ARTICLE XVIII. RESERVED
Secs. 10-214-10-218. Reserved.
ARTICLE XIX EXTERIOR STRUCTURE
Sec. 10-219. General.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so
as not to pose a threat to the public health, safety or welfare.
Sec. 10-220. Protective treatment.
All exterior surfaces, including but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, roofs, decks and fences shall be maintained in good condition. Exterior
wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay
by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. All siding and masonry joints as well as those between the
building envelope and the perimeter of windows, doors, and skylights shall be maintained
weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and
coated to inhibit future rust and corrosion. Excessive oxidation stains shall be removed from
exterior surfaces. Surfaces designed to stabilization by oxidation are exempt from this
requirement.
Sec. 10-221. Structural members.
All structural members shall be maintained free from deterioration and shall be capable of safely
supporting the imposed dead and live loads.
Sec. 10-222. Foundation walls.
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall
be kept in such condition so as to prevent the entry of rodents and other pests.
Sec. 10-223. Exterior walls.
All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to prevent deterioration.
Sec. 10-224. Roofs and drainage.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the walls or interior portion of the
structure. Roof drains, gutters and downspouts shall maintained in good repair and free from
obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
passages are deleted. 39
Underlined passages are added.
2023-0-22
Sec. 10-225. Decorative features.
All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features
shall be maintained in good repair with proper anchorage and in a safe condition.
Sec. 10-226. Overhang extensions.
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings,
fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or
wood shall be protected from the elements and against decay or rust by periodic application of
weather -coating materials, such as paint or similar surface treatment.
Sec. 10-227. Stairways, decks, porches and balconies.
Every exterior stairway, deck, porch and balcony and all appurtenances attached thereto, shall be
maintained structurally sound, in good repair, with propery anchorage and capable of supporting
the imposed loads.
Sec. 10-228. Chimneys and towers.
All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained
structurally safe and sound and in good repair. All exposed surfaces of metal or wood shall be
protected from the elements and against decay or rust by periodic application of weather -coating
materials, such as paint or similar surface treatment.
Sec. 10-229. Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed
loads and shall be maintained in good condition.
Sec. 10-230. Window, skylight and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good repair and
weather tight.
Sec. 10-231. Glazing.
All glazing materials shall be maintained free from cracks and holes.
Sec. 10-232.Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of being held in
position by window hardware.
Sec. 10-233. Insect screens.
Every door, window and other outside opening required for ventilation of habitable rooms, food
preparation areas, food service areas or any areas where products to be included or utilized in
food for human consumption are processed, manufactured, packaged or stored shall be supplied
StF{tsli dirpassages are deleted. 40
Underlined passages are added.
2023-0-22
elol1
/40**N with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and
every screen door used for insect control shall have a self-closing device in good working
condition.
iO�
Exceptions: Screens shall not be required where other approved means, such as air curtains or
insect repellent fans, are employed.
Sec. 10-234. Doors.
All exterior doors, door assemblies and hardware shall be maintained in good condition. Doors
providing access to a dwelling unit, efficiency unit, rooming unit or housekeeping unit that is
rented, leased or let shall be equipped with a lock designed to be readily openable from the side
from which egress is to be made without the need for keys. Such locks shall be installed
according to the manufacturer's specifications, maintained in good working order and shall
tightly secure the door.
Sec. 10-235. Basement hatchways.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and
surface drainage water. Basement hatchways that provide access to a dwelling unit, efficiency
unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with
devices that secure the units from unauthorized entry.
Sec. 10-236. Guards for basement windows.
Every basement window that is openable shall be supplied with rodent shields, storm windows or
other approved protection against the entry of rodents.
Sec. 10-237. Building security.
Doors, windows or hatchways for dwelling units, efficiency units, rooming units or
housekeeping units shall be provided with devices designed to provide security for the occupants
and property within.
Sec. 10-238. Windows.
Windows manufactured to be operable must remain operable. Windows required for emergency
egress shall be operable and located in whole or in part of the structure, dwelling unit, efficiency
unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a
window sash locking device.
Sec. 10-239. Temporary storm protection.
Openings such as doors, windows or other apertures may be temporarily protected up to 14 days
prior to the projected landfall of any named storm or weather system. Temporary protection must
be removed within 14 days after the storm threat has passed. Materials used to protect or cover
the opening can be any material approved for use by the then current edition of the Florida
Building Code.
Stelm&000 passages are deleted. 41
Underlined passages are added.
2023-0-22
Secs. 10-240-10-245. Reserved.
ARTICLE XX. INTERIOR STRUCTURE
Sec. 10-246. General.
The interior of a structure and equipment therein shall be maintained in good repair, structurally
sound and in a sanitary condition. Occupants shall keep that part of the structure which they
occupy or control in a clean and sanitary condition. Every owner of a structure containing a
rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or
more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or
public areas of the structure and exterior property.
Sec. 10-247. Structural members.
All structural members shall be maintained structurally sound and be capable of supporting the
imposed loads.
Sec. 10-248. Interior surfaces.
All interior surfaces, including windows and doors, shall be maintained in good, clean and
sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or
covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be
corrected.
Sec. 10-249. Stairs and walking surfaces.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in
sound condition and good repair.
Sec. 10-250. Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed
loads and shall be maintained in good condition.
Sec. 10-251. Interior doors.
Every interior door shall fit reasonably well within its frame and shall be capable of being
opened and closed by being properly and securely attached to jambs, headers or tracks as
intended by the manufacturer of the attachment hardware.
Secs. 10-252-10-255. Reserved.
AR TICLE XXI. EXTERMINATION
Sec. 10-256. Infestation.
All structures shall be kept free from insect and rodent infestation. All structures in which insects
or rodents are found shall be promptly exterminated by approved processes that will not be /OM6�
StFuelE threugh passages are deleted. 42
Underlined passages are added.
2023-0-22
injurious to human health. After extermination, proper precautions shall be taken to prevent
reinfestation.
Sec. 10-257. Owner.
The owner of any structure shall be responsible for extermination within the structure.
Secs. 10-258-10-260. Reserved.
AR TICLE)MI. LIGHT, VENTILA TION AND OCCUPANCY LIMI TA TIONS
Sec. 10-261. Scope.
The provisions of this article shall govern the minimum conditions and standards for light,
ventilation and space for occupying a structure.
Sec. 10-262. Responsibility.
The owner of the structure shall provide and maintain light, ventilation and space conditions in
compliance with these requirements. A person shall not occupy as owner -occupant or permit
another person to occupy, any premises that do not comply with the requirements of this article.
Sec. 10-263. Alternative devices.
In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the Florida Building Code shall be permitted.
Sec. 10-264. Habitable spaces (light).
Every sleeping space shall have at least one window of approved size facing directly to the
outdoors or to a court. The minimum total glazed area for every habitable space shall be eight
percent of the floor area of such room. Wherever walls or other portions of a structure face a
window of any room and such obstructions are located less than three feet (914 mm) from the
window and extend to a level above that of the ceiling of the room, such window shall not be
deemed to face directly to the outdoors nor to a court and shall not be included as contributing to
the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided
through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight
percent of the floor area of the interior room or space, but not less than 25 square feet (2.33
square meters). The exterior glazing area shall be based on the total floor area being served.
Sec. 10-265. Common halls and stairways.
Every common hall and stairway in residential occupancies, other than in one- and two-family
dwellings, shall be lighted at all times with at least a 60 -watt standard incandescent light bulb for
each 200 square feet (19 square meters) of floor area or equivalent illumination, provided that the
spacing between lights shall not be greater than 30 feet (9,144 mm). In other than residential
occupancies, means of egress, including exterior means of egress, including but not limited to,
StFuele thr-eugh passages are deleted. 43
Underlined passages are added.
2023-0-22
stairways, shall be illuminated at all times within the building space served by the means of
egress is occupied.with a minimum of one footcandle (11 lux) at floors, landings and treads.
Sec. 10-266. Other spaces.
All other spaces shall be provided with natural or artificial light sufficient to permit the
maintenance of sanitary conditions and the safe occupancy of the space; and utilization of the
appliances, equipment and fixtures.
Sec. 10-267. Habitable spaces (ventilation).
Every habitable space shall have at least one openable window. The total openable area of the
window in every room shall be equal to at least 45 percent of the minimum glazed area required
in section 10-264.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an
adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of
the floor area of the interior room or space, but not less than 25 square feet (2.33 square meters).
The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
Sec. 10-268. Bathrooms and toilet rooms.
Every bathroom and toilet room shall comply with the ventilation requirements for habitable
spaces as required by section 10-267, except that a window shall not be required in such spaces
equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation rlo ^
system from a bathroom or toilet room shall discharge to the outdoors and shall not be
recirculated.
Sec. 10-269. Cooking facilities.
Unless approved through the certificate of occupancy, cooking shall not be permitted in any
rooming unit or dormitory unit and a cooking facility or appliance shall not be permitted to be
present in the rooming unit or dormitory unit.
Exceptions:
(1) Where specifically approved in writing by the code official.
(2) Devices such as coffee pots and microwave ovens shall not be considered cooking
appliances.
Sec. 10-270. Process ventilation.
Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local
exhaust ventilation system shall be provided to remove the contaminating agent at the source.
Air shall be exhausted to the exterior and not be recirculated to any space.
StFuele thFenh passages are deleted. 44
Underlined passages are added.
2023-0-22
/00*� Sec. 10-271. Clothes dryer exhaust.
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in
accordance with the manufacturer's instructions.
Sec. 10-272. Privacy.
Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be
arranged to provide privacy and be separate from other adjoining spaces.
Sec. 10-273. Minimum room widths.
A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan
dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between
counterfronts and appliances or counterfronts and walls.
Sec. 10-274. Minimum ceiling heights.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable
basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm).
Exceptions:
(1) In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219
mm) on center and projecting not more than six inches (152 mm) below the required ceiling
height.
(2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry,
study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033
mm) with not less than six feet four inches (1,932 mm) of clear height under beams, girders,
ducts and similar obstructions.
(3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped
ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm)
over not less than one-third of the required minimum floor area. In calculating the floor area of
such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524
mm) or more shall be included.
Sec. 10-275. Bedroom and living room requirements.
Every bedroom and living room shall comply with the requirements of sections 10-273 and 10-
274.
Sec. 10-276. Room area.
Every living room shall contain at least 120 square feet (11.2 square meters) and every bedroom
shall contain at least 70 square feet (6.5 square meters).
ek thr-euo passages are deleted. 45
Underlined passages are added.
2023-0-22
Sec. 10-277. Access from bedrooms.
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces
and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
Sec. 10-278. Water closet accessibility.
Every bedroom shall have access to at least one water closet and one lavatory without passing
through another bedroom. Every bedroom in a dwelling unit shall have access to at least one
water closet and lavatory located in the same story as the bedroom or access to a facility located
on an adjacent story.
Sec. 10-279. Prohibited occupancy.
Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
Sec. 10-280. Other requirements.
Bedrooms shall comply with the applicable provisions of this Code including, but not limited to,
the light, ventilation, room area, ceiling height and room width requirements of this article; the
plumbing facilities and water -heating facilities requirements of article XXIII; the heating
facilities and electrical receptacle requirements of article XXV.
Sec. 10-281. Overcrowding.
The number of persons occupying a dwelling unit shall not create conditions that the code
enforcement officer finds and determines, based upon generally accepted practices and
principles, endanger the life, health, safety or welfare of the occupants.
Sec. 10-282. Efficiency unit.
Efficiency units shall meet the following requirements:
(1) A unit occupied by not more than two occupants shall have a clear floor area of not less
than 220 square feet (20.4 square meters). A unit occupied by three occupants shall have a clear
floor area of not less than 320 square feet (29.7 square meters). These required areas shall be
exclusive of the areas required by subsections (2) and (3).
(2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration
facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light
and ventilation conforming to this Code shall be provided.
(3) The unit shall be provided with a separate bathroom containing a water closet, lavatory
and bathtub or shower.
(4) The maximum number of occupants shall be three.
C"1
StFaek passages are deleted. 46
Underlined passages are added.
2023-0-22
/O'R1 Sec. 10-283. Food preparation.
All spaces to be occupied for food preparation purposes shall contain suitable space and
equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate
facilities and services for the sanitary disposal of food wastes and refuse, including facilities for
temporary storage.
Secs. 10-284, 10-285. Reserved.
ARTICLE XXIIL PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
Sec. 10-286. Scope.
The provisions of this article shall govern the minimum plumbing systems, facilities and
plumbing fixtures to be provided.
Sec. 10-287. Responsibility.
The owner of the structure shall provide and maintain such plumbing facilities and plumbing
fixtures in compliance with these requirements. A person shall not occupy as owner -occupant or
permit another person to occupy any structure or premises which does not comply with the
requirements of this article.
Sec. 10-288. Dwelling units.
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen
sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be
placed in the same room as the water closet or located in close proximity to the door leading
directly into the room in which such water closet is located. A kitchen sink shall not be used as a
substitute for the required lavatory.
Sec. 10-289. Rooming houses.
At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming
units.
Sec. 10-290. Hotels.
Where private water closets, lavatories and baths are not provided, one water closet, one lavatory
and one bathtub or shower having access from a public hallway shall be provided for each ten
occupants.
Sec. 10-291. Employees' facilities.
A minimum of one water closet, one lavatory and one drinking facility shall be available to
employees.
Stmsk thwnh passages are deleted. 47
Underlined passages are added.
2023-0-22
Sec. 10-292. Drinking facilities.
Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable
cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or
bathrooms.
Sec. 10-293. Privacy.
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway
to a hall or other space, or to the exterior. A door and interior locking device shall be provided
for all common or shared bathrooms and toilet rooms in a multiple dwelling.
Sec. 10-294. Location.
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or
housekeeping units, shall have access by traversing not more than one flight of stairs and shall
have access from a common hall or passageway.
Sec. 10-295. Location of employee toilet facilities.
Toilet facilities shall have access from within the employees' working area. The required toilet
facilities shall be located not more than one story above or below the employees' working area
and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee
facilities shall either be separate facilities or combined employee and public facilities.
Exception: Facilities that are required for employees in storage structures or kiosks, which are
located in adjacent structures under the same ownership, lease or control, shall not exceed a
travel distance of 500 feet (152 m) from the employees' regular working area to the facilities.
Sec. 10-296. Floor surface.
In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard,
nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
Sec. 10-297. General (plumbing fixtures).
All plumbing fixtures shall be properly installed and maintained in working order and shall be
kept free from obstructions, leaks and defects and be capable of performing the function for
which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe,
sanitary and functional condition.
Sec. 10-298. Fixture clearances.
Plumbing fixtures shall have adequate clearances for usage and cleaning.
Sec. 10-299. Plumbing system hazards.
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or
the structure by reason of inadequate service, inadequate venting, cross connection,
St sk thFenh passages are deleted. 48
Underlined passages are added.
2023-0-22
backsiphonage, improper installation, deterioration or damage or for similar reasons, the code
official shall require the defects to be corrected to eliminate the hazard.
Sec. 10-300. General (water system).
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture
shall be properly connected to either a public water system or to an approved private water
system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied
with hot or tempered and cold running water.
Sec. 10-301. Contamination.
The water supply shall be maintained free from contamination and all water inlets for plumbing
fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor
sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be
protected by an approved atmospheric -type vacuum breaker or an approved permanently
attached hose connection vacuum breaker.
Sec. 10-302. Supply.
The water supply system shall be installed and maintained to provide a supply of water to
plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to
enable the fixtures to function properly, safely and free from defects and leaks.
Sec. 10-303. Water heating facilities.
Water heating facilities shall be properly installed, maintained and capable of providing an
adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and
laundry facility at a temperature of not less than 110°F (431C). A gas -burning water heater shall
not be located in any bathroom, toilet room, bedroom or other occupied room normally kept
closed, unless adequate combustion air is provided. An approved combination temperature and
pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on
water heaters.
Sec. 10-304. General.
All plumbing fixtures shall be properly connected to either a public sewer system or to an
approved private sewage disposal system.
Sec. 10-305. Maintenance.
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from
obstructions, leaks and defects.
passages are deleted. 49
Underlined passages are added.
2023-0-22
Secs. 10-306-10-308. Reserved.
ARTICLE XXI V. STORM DRAINAGE
Sec. 10-309. General.
Drainage of roofs and paved areas, yards, courts, and other open areas on the premises shall not
be discharged in a manner that creates a public nuisance.
Secs. 10-310,10-311. Reserved.
ARTICLE XXV. MECHANICAL AND ELECTRICAL REQUIREMENTS
Sec. 10-312. Scope.
The provisions of this article shall govern the minimum mechanical and electrical facilities and
equipment to be provided.
Sec. 10-313. Responsibility.
The owner of the structure shall provide and maintain mechanical and electrical facilities and
equipment in compliance with these requirements. A person shall not occupy as owner -occupant
or permit another person to occupy any premises which does not comply with the requirements
of this article.
Sec. 10-314. Mechanical appliances.
All mechanical appliances, fireplaces, solid fuel -burning appliances, cooking appliances and
water heating appliances shall be properly installed and maintained in a safe working condition,
and shall be capable of performing the intended function.
Sec. 10-315. Removal of combustion products.
All fuel -burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel -burning equipment and appliances which are labeled for unvented operation.
Sec. 10-316. Clearances.
All required clearances to combustible materials shall be maintained.
Sec. 10-317. Safety controls.
All safety controls for fuel -burning equipment shall be maintained in effective operation.
Sec. 10-318. Combustion air.
A supply of air for complete combustion of the fuel and for ventilation of the space containing
the fuel -burning equipment shall be provided for the fuel -burning equipment.
Week thFenh passages are deleted. 50
Underlined passages are added.
2023-4-22
/00 '
W
/Oft"\ Sec. 10-319. Energy conservation devices.
Devices intended to reduce fuel consumption by attachment to a fuel -burning appliance, to the
fuel supply line thereto or to the vent outlet or vent piping therefrom, shall not be installed unless
labeled for such purpose and the installation is specifically approved.
Sec. 10-320. Facilities required -electrical.
Every occupied building shall be provided with an electrical system in compliance with the
requirements of this article.
Sec. 10-321. Service.
The size and usage of appliances and equipment shall serve as a basis for determining the need
for additional facilities in accordance with the Florida Building Code, Electrical. Dwelling units
shall be served by a three -wire, 1201240 volt, single phase electrical service having a rating of
not less than 60 amperes.
Sec. 10-322. Electrical system hazards.
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or
the structure by reason of inadequate service, improper fusing, insufficient receptacle and
lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons,
the code enforcement officer shall require the defects to be corrected to eliminate the hazard.
Sec. 10-323. Installation -electrical equipment.
All electrical equipment, wiring and appliances shall be properly installed and maintained in a
safe and approved manner.
Sec. 10-324. Receptacles.
Every habitable space in a dwelling shall contain at least two separate and remote receptacle
outlets. Every laundry area shall contain at least one grounded -type receptacle or a receptacle
with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any
new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
Sec. 10-325. Luminaries.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room
and furnace room shall contain at least one electric luminaire.
Sec. 10-326. Elevators, escalators, and dumbwaiters.
Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1.
The most current certification of inspection shall be on display at all times within the elevator or
attached to the escalator or dumbwaiter or the certificate shall be available for public inspection
in the office of the building operator. The inspection and tests shall be performed at not less than
the periodical intervals listed in ASME A17.1, appendix N, except where otherwise specified by
the authority having jurisdiction.
StmekEhreug# passages are deleted. 51
Underlined passages are added.
2023-0-22
Sec. 10-327. Elevators.
In buildings equipped with passenger elevators, at least one elevator shall be maintained in
operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator
temporarily out of service for testing or servicing.
Sec. 10-328. Same—Duct systems.
Duct systems shall be maintained free of obstructions and shall be capable of performing the
required function.
Secs. 10-329-10-332. Reserved.
ARTICLE XXVI. HEATING FACILITIES
Sec. 10-333. Elevators—Heating facilities.
Heating facilities shall be provided in structures as required by this section.
Sec. 10-334. Residential occupancies.
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of
68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor
design temperature for the locality indicated in Appendix D of the Florida Building Code.
Cooking appliances shall not be used to provide space heating to meet the requirements of this
section.
Exceptions: In areas where the average monthly temperature is above 30°F (-1 °C), a minimum
temperature of 65°F (18°C) shall be maintained.
Sec. 10-335. Heat supply.
Every owner and operator of any building who rents, leases or lets one or more dwelling units or
sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall
supply heat during the period to maintain a temperature of not less than 68°F (20°C) in all
habitable rooms, bathrooms and toilet rooms.
Exceptions:
(1) When the outdoor temperature is below the winter outdoor design temperature for the
locality, maintenance of the minimum room temperature shall not be required provided that the
heating system is operating at its full design capacity. The winter outdoor design temperature for
the locality shall be as indicated in Florida Building Code.
(2) In areas where the average monthly temperature is above 30°F (-1 °C) a minimum
temperature of 65°F (18°C) shall be maintained.
14'
SimeIE*Feagh passages are deleted. 52
Underlined passages are added.
2423-0-22
eool� Sec. 10-336. Occupiable work spaces.
Indoor occupiable work spaces shall be supplied with heat during the period to maintain a
temperature of not less than 65°F (1 S°C) during the period the spaces are occupied.
Exceptions:
(1) Processing, storage and operation areas that require cooling or special temperature
conditions.
(2) Areas in which persons are primarily engaged in vigorous physical activities.
Sec. 10-337. Room temperature measurement.
The required room temperature shall be measured three feet (914 mm) above the floor near the
center of the room and two feet (610 mm) inward from the center of each exterior wall.
Secs. 10-338-10-340. Reserved.
ARTICLE XXVII. CODE COMPLIANCE PROCESS
Sec. 10-341. Intent.
(a) It is the intent of this article to promote, protect and improve the health, safety, welfare
and to safeguard property values of the citizens of the city by providing an equitable,
expeditious, effective and inexpensive method of enforcing the various codes of the city.
(b) The provisions of this article is intended to provide an additional and supplemental means
of enforcing the laws, codes of ordinances and statutes in force in the city and nothing contained
herein shall prohibit the city from enforcing its codes or ordinances by any other means
available, specifically including Parts I and II, of F.S. ch. 162.
Sec. 10-342. Abolishing code enforcement board.
The citizen code enforcement board is abolished effective upon adoption of this Ordinance
pursuant to section F.S § 162.03(1). Any matter that would be heard/considered before the
citizen code enforcement board will now be heard/considered by the special magistrate. Any and
all currentlexisting and future matters for consideration by the board shall now be delegated to
the special magistrate.
Sec. 10-343. Special magistrate.
(a) The city hereby establishes a citation -fine code compliance process for the enforcement
of its various codes. The special magistrate shall have the power to impose administrative costs,
fines and various noncriminal, civil penalties and to provide for an equitable, expeditious and
effective process to achieve compliance and/or enforcement of the laws; code of ordinances and
statutes in force in the city. Nothing in this article shall prohibit or limit the city from enforcing
the laws, codes of ordinances and statutes in force in the City by any other means available,
�1 specifically including Parts I and II, of F.S. ch. 162. The provisions of this article are merely an
additional means of obtaining compliance.
StFuelEthr-eao passages are deleted. 53
Underlined passages are added.
2023-0-22
(b) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of hearing.
(2) Hold hearings and assess fines against violators of the various codes of the city.
(3) Subpoena alleged violators and witnesses to the hearing. Subpoenas may be served by
any law enforcement officer of the city or as otherwise permitted by law.
(4) Subpoena evidence to the hearings.
(5) Take testimony under oath.
(6) Issue orders having the force of law to command whatever steps are necessary to bring a
violation into compliance with city codes or ordinances. However, any orders that require the
city to expend money or directs city employees to perform work, i.e., demolition or repair of a
structure must be approved by the city manager or city council before becoming effective.
See. 10-344. Enforcement procedures.
(a) It shall be the duty of the code enforcement officer to investigate eeffTl; �rviolations
of city codes and to initiate enforcement proceedings relative thereto. The special magistrate
shall not have any independent authority to conduct their investigation of such complaints or to
initiate enforcement proceedings.
(b) A code enforcement officer may not initiate enforcement proceedings for a potential
violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who
reports a potential violation of a code or an ordiance must provide his or her name and address to
the city before an enforcement proceeding may occur. This paragraph does not apply if the code
enforcement officer has reason to believe that the violation presents an imminent threat to public
health, safety, or welfare or imminent destruction of habitat or sensitive resources.
(bc) Except as provided in subsections (eto and (€g), if a violation of a code is found, the code
enforcement officer shall notify the violator by issuing a notice of violation in accordance with
the requirements of subsection 10-345(a) and 10-349. If, upon reasonable investigation, a code
enforcement officer has reasonable cause to believe the violation continues to exist beyond the
time specified for correction in the notice or if the violation is corrected and then recurs within
one (1) year of issuing said notice of violation, the code enforcement officer shall issue a citation
to the violator in accordance with the requirements of subsection 10-345(c) and 10-349.
(4 The violator may elect to pay the fine set forth in the citation at any time prior to the
hearing. If the violator elects to pay the fine prior to the hearing, it will be deemed as an
admission of the commission of the violation and an order may be issued by the special
magistrate to that effect. If the violator does not pay the fine set forth in the citation prior to the
hearing, the matter will be heard before the special magistrate.
Further, if a violator fails to appear at the hearing to contest the violation, the violator shall be
deemed to have waived his or her right to contest the violation. If the violation is correct and
then recurs, or if the violation is not corrected by the time specified for correction in the notice of
Stmekthfaugk passages are deleted. 54
Underlined passages are added.
2023-0-22
violation, the case may be presented to the special magistrate even if the violation has been
corrected prior to the hearing.
(dee) It is the responsibility of the violator to notify the city that the violation has been
corrected. The violation will be deemed to have continued until the code enforcement officer has
determined that the violation has been corrected.
(e_O If a repeat violation is found, the code enforcement officer shall notify the violator and
advise him or her of the nature of the repeat violation, but is not required to give the violator a
reasonable time to correct the repeat violation. The code enforcement officer shall, upon
..:a.:ng the via ater of _ _.._ .......:.....:e. issue a citation to the violator in accordance with the
requirements of subsection 10-345(c) and 10-349. The violator may elect to pay the fine at any
time prior to the hearing. However, the case may be presented to the special magistrate even if
the repeat violation has been corrected prior to the hearing and the special magistrate may
determine and impose, as costs against the violator, reasonable enforcement fees incurred by the
city. The repeat violator may choose to waive his or her rights to this hearing and pay said costs
as determined by the special magistrate. The special magistrate shall also have the authority to
levy a per day fine beginning on the day that the violation was first observed by the code
enforcement officer.
(€g) If a code enforcement officer has a reason to believe a violation presents a serious threat
to the public health, safety or welfare or if the violation is irreparable or irreversible or if the
violator is engaged in violations of an itinerant or transient nature, a code enforcement officer
shall make a reasonable effort to notify the violator of the same and may immediately issue a
citation, in accordance with the requirements of subsection 10-345(c) and 10-349. and sehedule
(ghj If the owner of the property which is subject to enforcement proceeding before the
special magistrate transfers ownership of such property between the time the notice of violation
was served and the time of the hearing before the special magistrate, such owner shall:
(1) Disclose, in writing, the existence and the nature of the proceeding to the prospective
transferee.
(2) Deliver to the prospective transferee a copy of the notices, citations, and other materials
relating to the code enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee that the new owner will be responsible
for compliance with the applicable code and with orders issued in the code enforcement
proceeding.
(4) File a notice with the code enforcement officer of the transfer of the property, with the
identity and address of the new owner and copies of the disclosures made to the new owner,
within five days after the date of transfer
(h)i A failure to make the disclosures described in subsections (1), (2) and (3) before the
transfer creates a rebuttable presumption of fraud. If the property is transferred before the
hearing before the special magistrate, the proceeding shall not be dismissed, but the new owner
shall be provided a reasonable period of time to correct the violation before the hearing is held.
SEwek-thfeugh passages are deleted. 55
Underlined passages are added.
2023-0-22
(ij) Each day that a violation exists shall constitute a separate violation for the purpose of
assessing a fine by the special magistrate.
(3l) All fines imposed pursuant to this article shall be paid to the city through its finance
department and shall be paid by cash or check with coins only being accepted for any amounts
which may require change to pay the exact amount.
Sec. 10-345. Notice of violations; repeat violators; citations.
(a) Notice of violation. Prior to issuing a citation, a code enforcement officer shall provide
notice to the person that the person has committed a violation of a code and advise him or her of
the nature of the violation and shall give the violator a reasonable time to correct the violation.
(b) Repeat violators. A code enforcement officer does not have to provide a repeat violator
with a reasonable time period to correct a repeat violation prior to issuing a citation and may
immediately issue a citation if a repeat violation is found to exist or if there is reason to believe
that the violation presents a serious threat to the public health, safety or welfare or if the violation
is irreparable or irreversible.
(c) Citations. A citation issued by a code enforcement officer shall be in the form prescribed
by the city and shall contain:
(1) The date and time of issuance of the citation.
(2) The name and address of the person, if known, to whom the citation is issued.
(3) The date and time the violation was first observed.
(4) The section of the code that has been violated and a description of the nature of the
violation.
(5) The applicable civil fine as prescribed in section 10-348.
(6) The necessary corrective action.
(7) The name, work phone number and work address of the code enforcement officer.
(8) That it is the responsibility of the person to contact the city for an inspection when the
violation is corrected and that the violation will be deemed to be in existence until the code
enforcement officer determines that the violation has been corrected.
(9) The procedure for the person to follow in order to pay the applicable civil fine or to
contest the citation; and, that if the person elects to pay the fine, it will be deemed as an
admission of the commission of the violation. /0%
Stmek—t4xexgh passages are deleted. 56
Underlined passages are added.
2023-0-22
(10) That if the person fails to pay the fine, the violation will be heard before the special
magistrate and the date, time, and place that said hearing will be conducted.
(11) A conspicuous statement that if the person fails to appear at the hearing to contest the
violation, the person shall be deemed to have waived his or her right to contest the violation and
that, in such case, an order may be entered against the person for an amount up to the maximum
civil fine in accordance with section 10-348.
(d) After issuing a citation to an alleged violator, the code enforcement officer shall deposit
the original citation in a file for the special magistrate and ""a" deposit efle e0py there„v..at"
Sec. 10-346. Conduct of hearing.
(a) Hearings shall be held once a month, but may be held more or less often as the demand
necessitates. Minutes shall be kept of all hearings and all such hearings shall be open to the
public. The city manager or his designee shall provide clerical and administrative personnel as
may be reasonably required for the proper performance of his or her duties. At any hearing, the
special magistrate may continue any matter to a future hearing date.
(b) Each case before the special magistrate shall be presented by a code enforcement officer,
a member of the city administrative staff, the city attorney, any assistant city attorney or any
special counsel. If the city prevails in prosecuting a case before the special magistrate, it shall be
entitled to recover all costs incurred in prosecuting said case and such costs may be added to the
/'W. fine and become part of any lien authorized under section 10-347.
(c) The special magistrate may, for good cause shown, continue a case on the agenda for the
respective hearing. All testimony shall be under oath and shall be recorded. Formal rules of
evidence shall not apply, however, fundamental due process shall be observed and shall govern
all proceedings. Both the city and the alleged violator shall have the right to subpoena witnesses
to testify at the hearing.
(d) At the hearing, the special magistrate shall advise the alleged violator of the section of the
code of which he or she is accused of violating and the nature of the violation. The special
magistrate shall first seek to determine whether or not the alleged violator admits the violation. If
the alleged violator admits the violation, the special magistrate shall hear such testimony and
evidence as he or she deems necessary to determine the extent of the violation and appropriate
fine amount. If the alleged violator denies that a violation has occurred, the special magistrate
shall hear first from the city and any city witnesses and evidence, and the alleged violator shall
have the right to cross-examine city witnesses. At the close of the presentation of the city's case
against the alleged violator, the alleged violator shall be permitted to present his or her evidence,
testimony of other witnesses and his or her own testimony in his or her defense. The city shall
have the right to cross-examine the alleged violator and his or her witnesses. The city shall have
the burden of proving the violation by a preponderance of the evidence.
(e) At the conclusion of the hearing, the special magistrate shall issue findings of fact based
on the evidence of record and conclusions of law, and shall issue an order affording the proper
relief consistent with the powers granted herein. The order may include a notice that it must be
complied with by a specified date, that a fine may be imposed for noncompliance, and the cost of
Stmekthreuglr passages are deleted. 57
Underlined passages are added.
2023-0-22
repairs may be included along with the fine under the conditions specified in section 10-347 if
the order is not complied with by the prescribed date. A certified copy of such order may be
recorded in the public records of Volusia County and shall constitute notice to any subsequent
purchasers, successors in interest or assigns if the violation concerns real property and the
findings therein shall be binding upon the violator and, if the violation concerns real property,
any subsequent purchasers, successors in interest or assigns. If an order is recorded and the order
is complied with by the date specified in the order, the city shall record an order acknowledging
compliance of the code violation and satisfaction of the fine. A hearing is not required for the
issuance of such an order acknowledging compliance.
(f) In addition to the provisions of subsection (e) of this section, in cases involving drug
related, prostitution related, or stolen property related public nuisances and criminal gang activity
the special magistrate may declare the place or premises to be such a public nuisance, as defined
in this article, and may enter an order requiring the owner of such place or premises to adopt
such procedure as may be appropriate under the circumstances to abate any such nuisance or
may enter an order immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises, including the closure of the place
or premises or any part thereof; or
(3) The conduct, operation, or maintenance of any business or activity on the premises which
is conducive to such nuisance.
(g) An order entered under this subsection (f) shall expire after one year or at such earlier
time as may be stated in the order.
(h) An order entered under this subsection (f) may be enforced pursuant to the procedures
contained in F.S. § 120.69. This subsection shall not be construed as subjecting the city or
special magistrate to any other provision of F.S. ch. 120.
Sec. 10-347. Administrative fines and liens.
(a) Order imposing fine. The special magistrate, upon notification by a code enforcement
officer that a previous order of a code board or the special magistrate has not been complied with
by the prescribed time or upon finding that a repeat violation has been committed, may order the
violator to pay a fine in an amount specified in this article for each day the violation continues
past the date set by the special magistrate for compliance; or in the case of a repeat violation, for
each day the repeat violation continues to exist, beginning with the date the repeat violation is
found to have occurred by the code enforcement officer. Further, if the violation is a violation
described in subsection 10-344(€g), the special magistrate shall notify the city manager or city
council, which may authorize and take all reasonable remedial actions that are required to bring
the property into compliance, and the reasonable cost of those remedial actions may be charged
against the violator along with any fine imposed pursuant to this article. Taking such remedial
actions does not create a continuing obligation on the part of the city to make further repairs or to
maintain the property and does not create any liability against the city for any damages to the
property if such remedial actions were completed in good faith. If a finding of a violation or a Av 1
repeat violation has been made as provided in this part, a hearing shall not be necessary for
Sfwekt}xeugh passages are deleted. 58
Underlined passages are added.
2023-0-22
140"1\ issuance of the order imposing the fine. If, after due notice and hearing, the special magistrate
finds a violation to be irreparable or irreversible in nature, the special magistrate may order the
violator to pay a fine as specified in subsection (b).
(b) Amount of administrative fine. The special magistrate may impose the applicable civil
fine prescribed in section 10-348 or may determine and impose a fine up to the maximum
amount described in this subparagraph as provided below:
(1) A fine imposed pursuant to this section shall not exceed $250.00 per day for the first
violation and shall not exceed $500.00 per day for a repeat violation and, in addition thereto,
may include all costs of remedial repairs pursuant to subsection (a). However, if the special
magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not
to exceed $5,000.00 per violation.
(2) In determining the amount of the fine, if any, the special magistrate shall consider the
following factors:
a. The gravity of the violation.
b. Any actions taken by the violator to correct the violation; and
C. Any previous violations committed by the violator.
(3) Each day a violation exists shall constitute a separate violation for the purpose of
assessing such a fine.
(c) Reduction of the fine. Once a violation has been brought into compliance, the city
manager or his/her designee may reduce any fine imposed pursuant to this article however, said
reduction shall not be less than the costs and expenses incurred by the city. Only the city
manager may reduce any fine imposed pursuant to this article less than the costs and expenses
incurred by the city.
(d) Lien for unpaid fine. A certified copy of the order imposing fine or a fine plus repair
costs, may be recorded in the public records of Volusia County and shall thereafter constitute a
lien against the land on which the violation exists and upon any other real or personal property
owned by the violator. Upon petition to the circuit court, such order may be enforced in the same
manner as a court judgment by the sheriffs of this state, including execution any levy against the
personal property of the violator, but such order shall not be deemed to be a court judgment
except for enforcement purposes. A fine imposed pursuant to this section shall continue to accrue
until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a
lien filed pursuant to this article, whichever occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the city and the city manager may authorize the
execution of a satisfaction and release of lien entered pursuant to this article. After three months
from the filing of any such lien which remains unpaid, the city may authorize the city attorney to
foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus
accrued interest. No lien created pursuant to the provisions of this section may be foreclosed on
real property that is homestead under section 4, article X of the Florida Constitution.
Stmskthr-effo passages are deleted. 59
Underlined passages are added.
2023-0-22
(e) Fee for lien inquiry/report. A fee shall be charged per parcel of property for searching the
city's official records and producing a city lien inquiry/report. Said fee shall be established and
modified from time to time as needed by resolution of the city council. Said report shall contain
all code enforcement, special assessment and any and all other city liens on the property that are
reasonably ascertainable by search of the city's official records. The form of the report shall be in
the manner prescribed by the city manager or his/her designee. A copy of the report shall be filed
with the finance department.
Sec. 10-348. Classification of violations and a schedule of civil fines, penalties and/or costs.
The city hereby authorizes and provides for
corresponding civil fines, penalties and/or cos
time, as needed by resolution of the city council
classifications of violations and a schedule of
is to be established and modified from time to
Sec. 10-349. Notices.
(a) All notices required by this article shall be provided to the alleged violator by:
(l) Certified mail, return _eeeil.t requ to the address listed in the tax collector's office for
tax notices or to the address listed in the county property appraiser's database. The city may also
provide additional notice to any address it may find for the property owner. For property owned
by a corporation, notices may be provided by certified mail to the registered agent of the
corporation. If any notice sent by certified mail is not signed as received within 30 days after the
postmarked date of mailing notice may be provided by posting as described in subsection (b)(2);
or
(2) By hand delivery by the sheriff or other law enforcement officer, or code enforcement
officer; or
(3) By leaving the notice at the violator's usual place of residence with any person residing
therein who is above 15 years of age and informing such person of the contents of the notice; or
(4) In the case of commercial property, leaving the notice with the manager or other person
in charge.
(b) In addition to providing notice as set forth in subsection (a) notice may also be served by
publication or posting, as follows:
(1) Such notice shall be published once during each week for four consecutive weeks (four
publications being sufficient) in a newspaper of general circulation in Volusia County. The
newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official
advertisements. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051.
(2) In lieu of publication as described in paragraph (b)(1), such notice may be posted for at
least ten days in at least two locations, one of which shall be the property upon which the
violation is alleged to exist and the other of which shall be at city hall. Proof of posting shall be
by affidavit of the person posting the notice, which affidavit shall include a copy of the notice
posted and the date and places of its posting.
Stwek4lxeagh passages are deleted. 60
Underlined passages are added.
2023-0-22
./""-,
140
(3) Notice by publication or posting may run concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by mail as required under subsection (a). Evidence
that an attempt has been made to hand deliver or mail notice as provided in subsection (a),
together with proof of publication or requirements of this section having been met, without
regard to whether or not the alleged violator actually received such notice.
(c) The provisions of this section shall not apply to the enforcement, pursuant to F.S. §
553.79 and § 553.80, as amended from time to time, of the building codes adopted pursuant to
F.S. § 553.73 as they apply to construction, provided that a building permit is either not required
or has been issued. For purpose of this section, building codes mean only those codes adopted
pursuant to F.S. § 533.73.
(d) Evidence that an attempt has been made to hand deliver or mail notice as provided in
subsection (a), together with proof of publication or posting as provided in subsection (b), shall
be sufficient to show that the notice requirements of this part have been met, without regard to
whether or not the alleged violator actually received such notice.
Sec. 10-350. Appeals.
Except as otherwise provided herein, an aggrieved party, including the city, may appeal a final
administrative order of the special magistrate by certiorari to the Circuit Court of Volusia
County. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of
the record created before the special magistrate. An appeal shall be filed within 30 days for the
execution of the order to be appealed.
Secs. 10-351-10-399. Reserved.
ARTICLE XXVIII. PROPERTYMAINTENANCE NUISANCE AND ABATEMENT
Sec. 10-400. Property maintenance nuisance conditions; abatement; notice and hearing;
lien for expenses.
(a) It is declared by the city council that the following shall each individually or in
combination be a property maintenance nuisance when they exist upon any right-of-way, parcel,
lot, lots, adjacent lots, or property:
(1) Any dead, damaged or diseased tree, located within 35 feet of any public roadway, public
or private sidewalk that is adjacent to a public roadway, or any developed property when the tree
has been declared a hazard by a code enforcement officer or an arborist.
(2) Grass, weeds, brush and undergrowth (specifically excluding trees, planted ornamental
shrubs and saw palmettos) that are allowed to reach a height in excess of 12 inches on an
improved or developed lot, which impair or may impair the economic welfare of the adjacent
property, contribute to a fire hazard and/or create a health hazard when any part of those growths
are located on any lot adjacent to the boundary of any developed lot.
(3) Accumulation of waste, yard trash, or rubble and debris that may harbor rodents or
snakes or that may contain pools of water that may serve as breeding grounds for insects or other
eo� disease transmitters.
Stmek thr-enh passages are deleted. 61
Underlined passages are added.
2023-0-22
(b) If the code enforcement officer determines that a property maintenance nuisance exists on 14�,
any lot, tract, or parcel of land within the city, the code enforcement officer shall provide notice
to the violator. The notice shall have the following information:
(1) The name and address of the property owner.
(2) The location of the property maintenance nuisance.
(3) The date and time the property maintenance nuisance notice was issued.
(4) The date and time the property maintenance nuisance was first observed.
(5) The section of the code that has been violated and a description of the nature of the
property maintenance nuisance.
(6) Necessary corrective action.
(7) The name and contact information of the code enforcement officer issuing the notice.
(8) The date in which the violation must be corrected. The violator has ten days to correct the
property maintenance nuisance from the date the notice was issued as outlined in section 10-
400(c).
(9) A conspicuous statement that the city will correct the property maintenance nuisance and
shall place a lien against the property for all cost incurred if the violation isn't corrected or a t4.",
request for a hearing isn't received by the indicated date on the notice.
(c) All property maintenance nuisances notices required by this article shall be provided to
the alleged violator by:
(1) Certified mail, return receipt requested to the address listed in the tax collector's office for
tax notices, or to the address listed in the county property appraiser's database. The city may also
provide additional notice to any address it may find for the property owner. For property owned
by a corporation, notices may be provided by certified mail to the registered agent of the
corporation. The code enforcement officer shall post a copy of the notice of property
maintenance nuisance at the property upon which the violation is alleged to exist and at city hall.
Proof of posting shall be by affidavit of the person posting the notice; or
(2) By hand delivery by the code enforcement officer; or
(3) In the case of commercial property, leaving the notice with the manager or other person
in charge.
(d) Evidence that an attempt has been made to hand deliver or mailing notice and posting
shall be sufficient to show that the notice requirements have been met, without regard to whether
or not the alleged violator actually received such notice.
(e) If the owner does not correct the condition and does not request a hearing within the ten-
day period, the city shall have the condition abated and shall have a lien against the property for
cost incurred.
passages are deleted. 62
Underlined passages are added.
2023-0-22
f00*1 (f) If a hearing is requested, it shall be held before the special magistrate. The issues to be
determined shall be whether the condition that exists constitutes a property maintenance nuisance
as outlined in section 10-400(a). Upon appropriate findings, the special magistrate shall direct
the owner of the property to correct the nuisance conditions within ten days, after which the city
shall correct the nuisance conditions and shall have a lien against the property for all cost
incurred.
(g) Costs shall include the cost of correcting the violation, together with any other expenses,
which the city has incurred.
Sec. 10-401. Imminent health hazards on private property.
When an imminent health hazard exists on private property, the city is authorized to enter the
private property and remove the imminent health hazard after all reasonable efforts have been
made to contact the owner. The owner shall be responsible for any costs incurred by the city for
abatement of the hazard, and a lien shall be imposed on the property in accordance with section
10-347.
Sec. 10-402. Alternate method of enforcement.
It shall be unlawful for any person owning property in the city to allow a lot to exist in a property
maintenance nuisance condition as described in the article. As an alternative to the procedures of
this article at the option of the code enforcement officer, violations of this article may be
enforced by article XXVII or any other means available as provided by city ordinance or by law.
Secs. 10-403-10-499. Reserved.
ARTICLE XXIX. MAINTENANCE OF COMMERCIAL PROPERTIES
Sec. 10-500. Minimum standards.
The minimum standards for the maintenance of commercial properties are as follows:
(1) All buildings and walls shall present a neat and clean appearance and be free of all
peeling paint, mildew, rust, graffiti, dirt, and deteriorated or mismatched roofing material.
(2) Nonfunctional elements on any building, structure, or premises, such as unused sign
poles, brackets, empty electrical conduit, etc., shall be removed and the remaining surface shall,
if damaged, be repaired or rebuilt to match adjacent surfaces and to the original condition. All
loose wires and/or conduits shall be secured.
(3) Awnings shall be properly maintained and present a neat and clean appearance. Awnings
shall be deemed as non -maintained if any part thereof is broken, tattered, torn, faded, or
otherwise in disrepair.
(4) All roofs, gutters, and downspouts shall be maintained to prevent damage to the structure
and adjoining properties.
StFuelE thmuo passages are deleted. 63
Underlined passages are added.
2023-0-22
(5) All parking areas shall be kept free of weeds, trash and debris. Potholes and broken
pavement shall be repaired. Paving and striping shall be maintained to a neat and clean
appearance.
(6) Landscaping shall be maintained in a healthy condition, including but not limited to,
sufficient watering and trimming. Landscaping shall be reasonably free of weeds and foreign
matter.
(7) All grass covered areas shall be maintained in a healthy condition, including but not
limited to, sufficient watering and maintenance as outlined in section 10-98.
(8) The premises shall be free of any condition that tends to or could hamper or interfere with
the suppression of fire or the use of emergency vehicles upon the premises or adjacent premises.
(9) All retaining walls, nonstructural walls, dumpster enclosures, fences, lighting devices and
supports and outdoor seating areas shall be maintained to a neat, clean, and functioning condition
with a clean appearance.
Secs. 10-501-10-599. Reserved.
Stmek thFefth passages are deleted. 64
Underlined passages are added.
2023-0-22