2024-O-11 - Chapter 10 - Food Trucks(0*1� ORDINANCE NO. 2024-0-11
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING C H A P T E R 10 ( HEALTH,
SANITATION, PROPERTY MAINTENANCE, AND CODE
ENFORCEMENT) OF THE CODE OF ORDINANCES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The State of Florida through the legislature as codified in Chapter 509, Section
509.102(3)(c)(4) has reserved the right of a municipality to regulate the operation of mobile food
dispensing vehicles.
2. Adoption of this Ordinance will modify Chapter 10 of the Code of Ordinances.
NOW, THEREFORE, BE IT ENACTED by the People 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 EnforggAent) of the
_ f
City of Edgewater, Florida is amended pursuant to Exhibit "A", which is attaehed hereto aid
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ordinance, are hereby superseded by this ordinance to the extent of such conflict.
Suike4hfaagh-passages are deleted.
Underlined uassages are added.
2024-0-11
PART C. SEVERABILITY AND APPLICABILITY. /'N
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
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
accomplished such intention; provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PASSED AND DULY ADOPTED this �9' day of 2024.
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Lo. - Diezel DePew, Mayor
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Bonnie Zlotnik, LAC, City Clerk
Passed on first reading on the I 5+ day of —, 2024
REVIEWED AND
gy4ke4 •-a••gh-passages are deleted. 2
Underlined passages are added.
2024 -O -II
EXHIBIT "A"
SWiepassages are deleted.
Underlined passages are added.
2024-Q-11
PART 11- CODE OF ORDINANCES
CHAPTER 10 HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT
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."
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-3. Intent.
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.
(Ord. No. 2014-0-10, Pt. A(Exh. Al, 6-2-14)
'Editor's notes)—Ord. No. 2014-0-10, Pt. A(Exh. A), adopted June 2, 2014, amended chapter 10 In Its entirety, In
effect repealing and replacing the former chapter 10 to read as herein set out. Former chapter 10, §§ 10-1-
10-6,10-20-10-28, 10-40-10-43,10-80-10-84,10-90,10-91,10-96-10-99,10-106-10-109,10-112-30-
115,10-120,10-121,10-126-10-131,10-136-10-141,10-146-10-153,10-158-10-164,10-168-10-176,
10-179-10-184,10-190-10-198,10-202-10-209,10-214,10-215,10-219-10-239,10-246-10-251,10-
256,10-257,10-261-10-283,10-286-10-305,10-309,10-312-10-328,10-333-10-337,10-341-10-350,
pertained to similar subject matter. See Code Comparative Table for complete derivation.
State law reference(s)—Authority to enact health regulations, F.S. § 381.101.
Edgewater, Florida, Code of Ordinances crated: 2014-01-" 11:16:14 (EST)
(Supp. No. 30)
Page 1 of 62
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 dearly Indicates a different meaning:
Ambient noise. Ail -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.
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.
(Supp. No. 30)
Page 2 of 62
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/0*441
A0141%,
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.
Food Truck. Any vehicle that is a public food service establishment and that is self-propelled or aotherwise_
movable from place to place and includes self-contained utilities, including, but not limited to gas, water,
electricity, or liquid waste disposal.
Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption
offood.
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, sleepin& 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, 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.
Letfor 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 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 10.20.
(Supp. No. 30)
Page 3 of 62
Formatted: Font Italic
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 dearly 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.
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.
(Supp. No. 30)
Page 4 of 62
Created: 2624.61-M 11:16:09 (EST)
(40�
A
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 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.
eolhl) 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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:
(Supp. No. 30)
Page 5 of 62
Created: 2024.01-84 11:16:89 (EST]
(2) 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
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
(Supp. No. 30)
Page 6 of 62
mated: 2624-610{ 11:16:09 (EST)
AW
1. 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 plies) 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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Supp. No. 30)
Page 7 of 62
Created: 2074-01-04 11:16:09 (EST)
(b) The special magistrate as outlined in section 10-343 shall act as the administrative board for the section.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-61, Pt. A(Exh. A),1-8-18)
Secs. 10-8-10-19. Reserved.
ARTICLE 11. 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.
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 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.
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 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 scale is not indicated, the A -weighting shall apply.
(Supp. No. 30)
Page 8 of 62
Created: 2024-02-04 11:16:99 [EST]
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2023-0-22, Pt. A(Exh. A) 7-3-23)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 .m.-8:00 a.m.
50
Commercial
7:00 a.m.-10:00 p.m.
65
10:00 .m. 7:00 a.m.
60
Industrial
All times
75
Noise -sensitive zone
All times
SO
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
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
(Supp. No. 30)
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emergency situation as well as noises resulting from any authorized emergency vehicle when
responding to an emergency call or acting in time of emergency.
(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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-2S. Measurement standards.
The following standards shall be used In the measurement of sound level limits of noise:
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r40"�
(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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 S00 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
,a■t�.� 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 staff's 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 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
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-29-10-39. Reserved.
ARTICLE /it. 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 collection by the city, but do
specifically prohibit the Indiscriminate and disorderly casting of wastes on city streets.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2020-0-03, Pt. A(Exh. A), 3-2-20)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 30-115.
(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.
(Ord. No. 2017-0-61, Pt. A(Exh. A),1-8-18)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-61, Pt. A(Exh. A),1-8-18)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh, A), 6-2-14)
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.
(Supp. No. 30)
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(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 traller(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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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Secs. 10-92-10-9S. 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.
(Ord. No. 2014.0-10, Pt. A(Exh. A), 6-2-14)
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
dear 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 dear 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 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
(Supp. No. 30)
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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 development code shall prevail and govern.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
Secs. 10-101-10.105. Reserved
ARTICLE Vll. RUBBISH AND GARBAGE
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.
(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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-108. Approved containers.
Approved containers shall be leakproof and have close -fitting lids that deter animals from accessing the
containers.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, PL A(Exh. A), 6-2-14)
Secs. 10-110, 10-111. Reserved.
ARTICLE Vlll. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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,
(Supp. No. 30)
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safety or welfare by entering the groundwater supply or significantly running off 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
Sec. 10-114. Same—Restoration and permits—For residential properties.
/ 1 (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.
(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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
Sets. 10-116. Food Truck— 0449..kesepvea
(a) Food Trucks are allowed to operate with the Highway C 1 IB -31 Light I d ustrial II -11 H
Industrial (1-2).Recreation (111, Public/Semi-Public (P/5P) zoning designations
(b) Food Trucks must adhere with the following standards
111 Food Truck(sl must receive approval from the Property owner to operatetheir property.
(21 Food Truckls) may only operate between the hours of 700 am and 107OOum
(3) Food Trucks may not operate upon any parcel that has a restaurant or sells food and beverages with
the exception of gas stations
(4) Food Truck(s) may not connect to City utilities
(6) No more than two (2) Food Trucklsl may be located on any given parcel unless a specific site plan has
been approved for said parcel for the operation of a food truck court
(8) Food Truck(s) are required to Park on Paved surfaces
(9) Food Trucklsl shall Provide their own waste collection in the for. of portable trash canis)
(10) Food Trucklsl may not operate within rights -of -ways landscape buffers stormwater collection and
conveyance systems or easements.
(11) Food Truck(s) shall not operate withintwenty five (25) feet of a residential structure I unless a
specific site plan has been approved for said Parcel for the operation of a food truck court
(12) Food Truck(s) shall not Park overnight within Highway Commercial (B-3)light Industrial 11-11 Heaw
Industrial 1621, Recreation IRI Public/Semi-Public IP/SPI zoning desienations.
13 Food Truck(s) shall not display any form of temporary sign. Food Truck(s) shall only be allowed to utilize
the vehicle as the means of advertising, all other forms and typologies of signage are prohibited.
— - I Formatted: Block 1
(Supp. No 30)
Page 20 of 62
c...t.d: a -n-aa u:rd:u (UTI
1000\
PART 11- CODE OF ORDINANCES
CHAPTER 10 - HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT
ARTICLE IX. WATERCRAFT, WATERCRAFT TRAILERS, MOTOR HOMES, TRAILERS, RECREATIONAL VEHICLE TRAILERS
AND CAMPERS
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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:
(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.
Edgewater, Florida, Code of Ordinances created: 2024-01-04 11:16:20 (M]
(Supp. No. 30)
Page 21 of 62
(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.
(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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
Secs. 10-122-10-12S. 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.
(Ord. No. 2014-0-10, PL A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
Page 22 of 62
Created: 2024-91-04 11:15:19 (EST)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 dean, 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
Sec. 10-131. Tent permits.
(a) Required. No tent shall be erected within the dty 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
(Supp. No. 30)
Page 23 of 62
Created: 2024.01-04 11:16:10 (EST]
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.
(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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-132-10-135. Reserved.
ARTICLE Xl. UNSAFE OR UNSANITARY BUILDINGS
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)
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
(Supp. No. 30)
Page 24 of 62
Cn4ttd: 2024.61-04 11:16:10 (EST)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
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 failing 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
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)(1) 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
(Supp. No. 30)
Page 25 of 62
Created: 2024-01-64 13:16:10 [EST]
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0.23, Pt. A(Exh. A), 7-17-17)
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
recordation of such order of condemnation as a municipal special assessment lien as provided In this section shall
constitute notice to any subsequent purchasers, transferees, grantees, mortgagors, mortgagees, lessees, lienors
and ail 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
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
(Supp. No. 30)
Page 26 of 62
Crested: 2024-01-04 11:16:10 [EST)
�,
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
Sec. 10-141. Emergency powers.
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 ar 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
dose 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-142-10-14S. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-147. Maintenance.
Equipment, systems, devices and safeguards required by this Code or a previous regulation or code under
which the structure or premises was constructed, altered or repaired shall be 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Supp. No. 30)
r 1
Page 27 of 62
Created: 2024-01-04 11:16:10 [EST]
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
Sec. 30-150. 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 Installed In accordance
with the manufacturer's installation instructions.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
Sec. 10-1S1. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs.10-154-10-M. Reserved.
(Sapp. No. 30)
ARTICLE XIII. DUTIES AND POWERS OF THE CODE OFFICIAL
Page 28 of 62
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ka
Sec. 10-158. General.
The code official shall enforce the provisions of this Code.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
I 1 (Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
Sec. 10-162. Identification.
The code officials shall carry proper Identification when Inspecting structures or premises in the performance
of duties under this Code.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 30-163. Notices and orders.
The code officials shall issue all necessary notices or orders to ensure compliance with this Code.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
Page 29 of 62
CnatM: 7024-81-04 11:16:11 (EST)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-165-10-167. Reserved.
ARTICLE XIV. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 wam 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-141
(Supp. No. 30)
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AW
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-17S. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-176. Reserved.
Editor's notes)—Ord. No. 2017-0-23, Pt. A(Exh. A), adopted July 17, 2017, repealed § 10-176, which pertained to
existing opening protective and derived from Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14.
Secs. 10-177, 10-178. Reserved.
ARTICLE". EMERGENCY MEASURES
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 and life is endangered by the
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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 rause 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-181. Dosing 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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Secs. 10-18S-10-189. Reserved.
ARTICLE "I. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
Sec. 10-19S. 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."
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-196. Reserved.
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-198. Vacant structures and land.
All vacant structures and premises thereof or vacant land shall be maintained in a dean, safe, secure and
sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or
safety.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-199-10-201. Reserved.
ARTICLE"M EXTERIOR PROPERTY AREAS
Sec. 10-202. Sanitation.
All exterior property and premises shall be maintained In a dean, 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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Sec. 1O -20S. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 1O-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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 1O-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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
Sec. 1O-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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
Sec. 1O-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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
Secs. 10-210-10-213. Reserved.
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PART [I - CODE OF ORDINANCES
CHAPTER 10 - HEALTH, SANITATION, PROPERTY MAINTENANCE AND CODE ENFORCEMENT
ARTICLE XVIII. RESERVED
ARTICLE XVIII. RESERVED
Secs. 10-224-10-218. 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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Edgewater, Florida, Code of Ordinances
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-22S. 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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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Sec. 10-229. Handralls and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally Imposed loads and shall
be maintained In good condition.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-231. Glazing.
All glazing materials shall be maintained free from cracks and holes.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 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 -dosing
device In good working condition.
Exceptions: Screens shall not be required where other approved means, such as air curtains or insect
repellent fans, are employed.
(Ord. No. 2014-0-10, PL A(Exh. A), 6-2-141
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-240-10-245. Reserved.
ARTICLE XK. 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
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dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a dean and
sanitary condition, the shared or public areas of the structure and exterior property.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
Sec. 10-247. Structural members.
All structural members shall be maintained structurally sound and be capable of supporting the Imposed
loads.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
Sec. 10-248. Interior surfaces.
All interior surfaces, including windows and doors, shall be maintained in good, dean 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.
(Ord. No. 2014-0-10, PG A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
Sec. 10-250. Handrails and guards.
Every handrail and guard shall be finely fastened and capable of supporting normally Imposed loads and shall
be maintained in good condition.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-251. Interior doors.
Every interior door shall fit reasonably well within Its frame and shall be capable of being opened and dosed
by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the
attachment hardware.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
Secs. 10 -2S2 -10-25S. Reserved.
(Supp. No. 30)
ARTICLEXXI. EXTERMINATION
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Sec. 10-2S 6. 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 Injurious to human health. After
extermination, proper precautions shall be taken to prevent reinfestation.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-257. Owner.
The owner of any structure shall be responsible for extermination within the structure.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-258-10-260. Reserved.
ARTICLEXXII. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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, 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 system from a bathroom or toilet room shall
discharge to the outdoors and shall not be recirculated.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 dear height under beams, girders, ducts and similar obstructions.
(Supp. No. 30)
ka
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(3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all
or part of the room, with a dear 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 dear ceiling height of five feet (1,524 mm) or more shall be Included.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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).
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-279. Prohibited occupancy.
Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 dear 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
Secs. 10-284,10-29S. Reserved.
ARTICLE XX111. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-289. Rooming houses.
At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-291. Employees' facilities.
A minimum of one water closet, one lavatory and one drinking facility shall be available to employees.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
(Supp. No. 30)
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-1
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 dean and sanitary condition.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-298. Fixture clearances.
Plumbing fixtures shall have adequate clearances for usage and cleaning.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
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, backsiphonage, improper
Installation, deterioration or damage or for similar reasons, the code official shall require the defects to be
corrected to eliminate the hazard.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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 (43*Q. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-30S. Maintenance.
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions,
leaks and defects.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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Secs. 10-306-10-308. Reserved.
ARTICLEXXIV. 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-310,10-311. Reserved.
ARTICLE X". MECHANICAL ANO ELECTRICAL REQUIREMENTS
Sec. 10-312. Scope.
The provisions of this article shall govern the minimum mechanical and electrical facilities and equipment to
be provided.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
Sec. 10-315. Removal of combustion products.
All fuel -burning equipment and appliances shall be connected to an approved chimney or vent
Exception: Fuel-buming equipment and appliances which are labeled for unvented operation.
(Ord. No. 2014-0-10, Pt A(Exh. A), 6-2-14)
(Supp. No. 30)
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Created: 2924-0144 11:16:13 [EST)
Sec. 10-316. Clearances.
All required clearances to combustible materials shall be maintained.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-317. Safety controls.
All safety controls for fuel -burning equipment shall be maintained In effective operation.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-320. Facilities required -electrical.
Every occupied building shall be provided with an electrical system in compliance with the requirements of
this article.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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,
120/240 volt, single phase electrical service having a rating of not less than 60 amperes.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-141
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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Sec. 10-323. Installation -electrical equipment.
All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and
approved manner.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
Sec. 10-32S. Luminaries.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace
room shall contain at least one electric luminalre.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
1 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
Sec. 10-328. Same—Duct systems.
Duct systems shall be maintained free of obstructions and shall be capable of performing the required
function.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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Secs. 10-329-10-332. Reserved.
ARTICLE X"I. HEATING FACILITIES
Sec. 10-333. Elevators—Heating facilities.
Heating facilities shall be provided in structures as required by this section.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 (-i'C), a minimum temperature
of 65'F (18'C) shall be maintained.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-33S. 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 687 (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 (-i'C) a minimum temperature of 65'F
(18•C) shall be maintained.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
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 (18'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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
(Supp. No. 30)
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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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-338-10-340. Reserved.
ARTICLEKXVII. 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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14)
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 current/existing and future matters for
consideration by the board shall now be delegated to the special magistrate.
(Ord. No. 2017-0-4S, Pt. A,11-13-17)
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, specifically Including Parts I and II, of F.S. ch. 162. The provisions of this article are
merely an additional means of obtaining compliance.
(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.
(Supp. No. 30)
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(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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-61, Pt A(Exh. A),1-8-18)
Sec. 10-344. Enforcement procedures.
(a) It shall be the duty of the code enforcement officer to investigate violations 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 ordinance 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.
(c) Except as provided in subsections (f) 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 [section] 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 [section] 10-349.
(d) 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 violation, the case may be presented to the
special magistrate even if the violation has been corrected prior to the hearing.
(e) 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.
(f) 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 issue a citation to the violator In accordance with the
requirements of subsection 10-345(c) and [section] 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
(Supp. No. 30)
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A
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 [section] 10-349.
(h) 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
(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.
p) Each day that a violation exists shall constitute a separate violation for the purpose of assessing a fine by the
special magistrate.
(k) 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17; Ord. No. 2017-"1, Pt.
A(Exh. A),1-8-18; Ord. No. 2023-0-22, Pt. A(Exh. A) 7-3-23)
Sec. 10-34S. 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.
(Supp. No. 30)
Page 55 of 62
Created: 2f24-61-64 11:16:14 (EST)
(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 wlil 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.
(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 falls 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-61, Pt A(Exh. A),1-8-18; Ord. No. 2023-0-22, Pt.
A(Exh. A) 7-3-23)
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 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
(Supp. No. 30)
Page 56 of 62
Crested: 2024-61-04 11:16:14 (EST)
140"�
evidence, and the alleged violator shall have the right to cross-examine city witnesses. At the dose 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 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17; Ord. No. 2017-0-61, Pt.
A(Exh. A),1-8-18)
Sec. 10-347. Administrative fines and liens.
(a) Order imposing f2ne. 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
Created: 2024-01.04 11:16:14 (EST)
(Sapp. No. 30)
Page 57 of 62
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 repeat violation has been made as provided in
this part, a hearing shall not be necessary for 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 f ne. 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.
(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.
(Supp. No. 30)
Page SS of 62
Created: 2624-01.04 11:16114 (FST)
QQ
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-61, Pt. A(Exh. A),1-8-18; Ord. No. 2023-0-22, Pt.
A(Exh. A) 7-3-23)
Sec. 10-348. Classification of violations and a schedule of civil fines, penalties and/or costs.
The city hereby authorizes and provides for classifications of violations and a schedule of corresponding civil
fines, penalties and/or costs to be established and modified from time to time, as needed by resolution of the city
council
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Sec. 10-349. Notices.
(a) All notices required by this article shall be provided to the alleged violator by:
(1) Certified mail 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.
(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.
(Supp. No. 30)
Page 59 of 62
Created: 2921-91-94 11:16:14 tESTJ
(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.
(Ord. No. 2014-0-30, Pt. A(Exh. A), 6-2-14; Ord. No. 2023-0-22, Pt, A(Exh. A) 7-3-23)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-61, Pt. A(Exh. A),1-8-18)
Secs. 10-352-10-399. Reserved.
ARTICLE XXVIII. PROPERTY MAINTENANCE 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 3S 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 disease transmitters.
(b) If the code enforcement officer determines that a property maintenance nuisance exists on 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.
(S) The section of the code that has been violated and a description of the nature of the property
maintenance nuisance.
(Supp. No. 30)
Page 60 of 62
Created: M4-01-04 11:16:14 [EST]
ka
(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 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.
(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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-61, Pt. A(Exh. A),1-8-18)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14; Ord. No. 2017-0-23, Pt. A(Exh. A), 7-17-17)
(Supp. No. 30)
Page 61 of 62
Crested: 2024-01-04 11:16:14 (EST)
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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-403-10-499. Reserved.
ARTICLEXXIX. 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 dean 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.
(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 dean 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.
(Ord. No. 2014-0-10, Pt. A(Exh. A), 6-2-14)
Secs. 10-502-10-599. Reserved.
(Supp. No. 30)
Page 62 of 62
Crested: 20244144 11:16:14 (EST)
ka
/0"111) ORDINANCE NO. 2024-0-12
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS AMENDED,
BY AMENDING THE OFFICIAL FUTURE LAND USE MAP
FROM CITY OF EDGEWATER COMMERCIAL TO CITY OF
EDGEWATER MIXED USE FOR .245 f ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 108 AND 124 S
RIDGEWOOD AVENUE (PARCEL IDENTIFICATION
NUMBER 745211010160 & 745211010170), EDGEWATER,
FLORIDA; PROVIDING FOR PUBLIC HEARINGS,
FINDINGS OF CONSISTENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Travis Springstrch, owner, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at 108 and 124 S
Ridgewood Avenue (Tax Parcel No. 745211010160 & 745211010170) within City of Edgewater,
Florida as Mixed Use. Subject property contains approximately .245 ± acres.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat., on Wednesday, March 13, 2024,
and recommended that the City Council approve the proposed Plan Amendment;
WHEREAS, the City Council feels it is in the best interests of the citizens of the
City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, be it enacted by the City Council of the City of Edgewater,
Florida:
PART A. AMENDMENT.
Ordinance No. 2024-0-12, as amended and supplemented, adopting the Comprehensive
Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within
/01*� the City of Edgewater, Florida, shall be amended to include property described in Exhibits
Stfaelefgk passages are deleted. 1
Underlined passages are added.
2024-0-12
"A" and "B" on the Future Land Use Map as Mixed Use.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on April 1", 2024, at 6:00 p.m. in the City Council Chambers at City Hall, 104 N.
Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to
comply with 163.3184, Fla. Stat.
PART C. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
/Om*'t
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 circumstance, such holding shall not affect its applicability to any other person, with property,
or circumstance.
PART E. EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has fllo�
become effective. If a final order of noncompliance is issued by the Administration Commission,
Stmek thmuo passages are deleted. 2
Underlined passages are added.
2024-0-12
1401)1 this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency. The
amendment shall also not be effective until certification is received from the Volusia Growth
Management Commission.
PASSED AND DULY ADOPTED this day of , 2024.
ATTEST:
Bonnie Zlotnik, CMC, City Clerk
Passed on first reading on the day of . 2024
REVIEWED AND APPROVED:
Diezel DePew, Mayor
Aaron R. Wolfe, City Attorney
Stmele thFewgh passages are deleted. 3
Underlined passages are added.
2024-0-12
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 745211010160
THE SOUTH 43 FEET OF LOT 17, BLOCK 1, LESS AND EXCEPT PART IN U.S HIGHWAY
1, FULLER & SETTLE SUBDIVISION, ACCORDING TO TILE PLAT THEREOF
RECORDED IN MAP BOOK 8, PAGE 63, PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA.
Parcel 745211010170
ALL OF LOT 16 AND LOT 17, EXCEPTING FROM LOT 17 THE SOUTHERLY 44 FEET,
BLOCK 1, FULLER AND SETTLE SUBDIVISION, PER MAP BOOK, PAGE 63 OF THE
PUBLIC RECORD OF VOLUSIA COUNTY, FLORIDA. TOGETHER WITH THE NORTH 1
FOOT OF THE SOUTH 44 FEET OF LOT 17, BLOCK 1, FULLER AND SETTLE
SUBDIVISION AS RECORDED IN MAP BOOK 8, PAGE 63, PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA.
CONTAINING .245 + acres.
Stmek thr-ou& passages are deleted. 4
Underlined passages are added.
2024-0-12
�
1-49*41
§
/
B
�
ORDINANCE NO. 2024-0-13
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY OF EDGEWATER B-3
(HIGHWAY COMMERCIAL) TO CITY OF EDGEWATER
MUPUD (MIXED USE PLANNED UNIT DEVELOPMENT)
FOR .245 f ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 108 AND 124 S RIDGEWOOD AVENUE
(PARCEL IDENTIFICATION NUMBER 745211010160 &
745211010170), EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Travis Springstrch, is the owner of property located at 108 and 124 S Ridgewood
Avenue, within the City of Edgewater, Florida. Subject property contains approximately .245
f acres.
2. The owner has submitted an application for a change in zoning classification from
City B-3 (Highway Commercial) to City MUPUD (Mixed Use Planned Unit Development) for
the property described herein.
3. On March 13, 2024, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established land
use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
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7. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA.
The zoning classification is hereby changed for the property described in Exhibit "A" from City
B-3 (Highway Commercial) to City MUPUD (Mixed Use Planned Unit Development) pursuant to the
associated MUPUD Agreement (attached and hereto incorporated as Exhibit "B").
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for
the above described property.
PART C. 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 D. 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
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2024-0-13
circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
PASSED AND DULY ADOPTED this day of
Diezel DePew, Mayor
I' ATTEST:
Bonnie Zlotnik, CMC, City Clerk
Passed on first reading on the day of 92024
REVIEWED AND APPROVED:
Aaron R. Wolfe, City Attorney
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2024-0-13
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 745211010160
THE SOUTH 43 FEET OF LOT 17, BLOCK 1, LESS AND EXCEPT PART IN U.S HIGHWAY
1, FULLER & SETTLE SUBDIVISION, ACCORDING TO TILE PLAT THEREOF
RECORDED IN MAP BOOK 8, PAGE 63, PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA.
Parcel 745211010170
ALL OF LOT 16 AND LOT 17, EXCEPTING FROM LOT 17 THE SOUTHERLY 44 FEET,
BLOCK 1, FULLER AND SETTLE SUBDIVISION, PER MAP BOOK , PAGE 63 OF THE
PUBLIC RECORD OF VOLUSIA COUNTY, FLORIDA. TOGETHER WITH THE NORTH 1
FOOT OF THE SOUTH 44 FEET OF LOT 17, BLOCK 1, FULLER AND SETTLE
SUBDIVISION AS RECORDED IN MAP BOOK 8, PAGE 63, PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA.
CONTAINING .245 + acres.
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EXHIBIT "B"
MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) AGREEMENT
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2024-0-13
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RESOLUTION 2024-R-03
A RESOLUTION OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, ADOPTING THE
2023 STATE OF FLORIDA DIVISION OF
EMERGENCY MANAGEMENT SERVICES
STATEWIDE MUTUAL AID AGREEMENT;
PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Emergency Management Act, Chapter 252, Florida
Statutes, authorizes the State and its political subdivisions to provide emergency aid and assistance
in the event of a disaster or emergency; and
WHEREAS, the statutes also authorize the State to coordinate the provision of any
equipment, services, or facilities owned or organized by the State or its political subdivisions for
use in the affected area upon the request of the duly constituted authority of the area; and
WHEREAS, this Resolution authorizes the request, provision, and receipt of
interjurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter
252, Florida Statutes, among political subdivisions within the State.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA:
Section 1: That in order to maximize the prompt, full and effective use of resources of
all participating governments in the event of an emergency or disaster we hereby adopt the
Statewide Mutual Aid Agreement, which is attached hereto and incorporated as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage and
adoption.
Resolution No. 2024-R-03 1
PASSED AND DULY ADOPTED this day of .2024
Diezel Depew, Mayor
ATTEST:
Bonnie Zlotnik, CMC, City Clerk
REVIEWED AND APPROVED:
Aaron R. Wolfe, City Attorney
Resolution No. 2024-R-03
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EXHIBIT "A"
Resolution No. 2024-R-03
RESOLUTION NO. 2024-R-04
A RESOLUTION OF THE CITY OF EDGEWATER,
VOLUSIA COUNTY, FLORIDA, ACCEPTING THE
VOLUSIA ECHO 2024 GRANTS-IN-AID GRANT FROM
THE COUNTY OF VOLUSIA; ASSURING DEDICATION
AND AVAILABILITY OF THE REQUIRED FIFTY
PERCENT (50%) MATCHING FUNDS; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ENTER INTO
A BINDING GRANT AWARD AGREEMENT AND
RESTRICTIVE COVENANTS; PROVIDING FOR
TRANSMITTAL OF THE ECHO GRANT AGREEMENT
AND CERTIFICATION TO VOLUSIA COUNTY;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND APPLICABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Hawks Park Pickleball Complex to be built on the 7 -acre designated area,
with assigned address of 150 W. Turgot Avenue, Edgewater, FL within the Hawks Park
� Recreational Complex, a 46 -acre recreational complex that houses the current Parks & Recreation
Administrative Offices, Museum, Amphitheater, Baseball Complex, Soccer Complex, Parks &
Recreation Maintenance Shop and Gymnasium Complex currently leased by the SEV Family
YMCA.
WHEREAS, the City wishes to add pickleball to the park located at 150 W. Turgot
Avenue, Edgewater, FL.
WHEREAS, the City Council of the City of Edgewater, Volusia County, Florida, has
agreed to accept a Volusia ECHO 2024 Grants -In -Aid Grant from Volusia County's Resource
Stewardship Division.
WHEREAS, a copy of the ECHO 2024 Grants -In -Aid acceptance agreement is attached
and incorporated herein as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
2024-R-04
1
Florida:
Section 1. The City Council hereby authorizes acceptance of the Volusia ECHO 2024
Grants -In -Aid agreement from the County of Volusia's Resource Stewardship Division.
Section 2. The project name for which the grant is accepted will be known as Hawks
Park Pickleball Complex.
Section 3. The cost of Phase 1 of the project is estimated to be one million, two
hundred thousand dollars ($1,200,000).
Section 4. The City is accepting the grant in the amount of six hundred thousand
dollars ($600,000).
Section 5. The City has already budgeted up to six hundred thousand dollars
($600,000) for Phase I of the Project this current fiscal year. which assures dedication and
availability of matching funds up to six hundred thousand ($600,000) within ninety (90) days of
the Grant award funding notification, which meets the required fifty percent (50%) match.
Section 6. The City Council hereby authorizes the Mayor to enter into a binding grant
award agreement and restrictive covenants.
Section 7. The City is fiscally and legally responsible to satisfactorily develop, operate
and maintain the Project.
Section 8. The City Council hereby designates Samantha Bergeron, Parks &
Recreation Director to transmit a copy of this resolution and the Grants In -Aid Agreement to the
Volusia County Resource Stewardship Division.
Section 9. An official, adopted and certified resolution of the City of Edgewater, shall
be included with the application.
Section 10. All resolutions or parts of resolutions in conflict herewith are hereby
2024-R-04 2
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repealed.
Section 11. Severability and Applicability. If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this resolution. If this resolution 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.
Section 12. Adoption and Effective Date.
adoption.
This resolution shall take effect upon
PASSED AND DULY ADOPTED this day of
ATTEST:
Bonnie Zlotnik, CMC, City Clerk
REVIEWED AND APPROVED:
2024-R-04
Diezel Depew, Mayor
Aaron R. Wolfe, City Attorney
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