2009-O-03
ORDINANCE NO. 2009-0-03
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA AMENDING AND RESTATING CHAPTER 10
(HEALTH AND SANITATION) IN ITS ENTIRETY; IN THE
CODE OF ORDINANCES, CITY OF EDGEW A TER,
FLORIDA; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
AND PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
I. In an effort to be consistent, all references to health, sanitation, property
maintenance and code enforcement will be contained in one area of reference located within the
Code of Ordinances.
2. Chapter 10 (Health and Sanitation) is being amended and restated to include
property maintenance and code enforcement.
3. The restated Chapter 10 (Health, Sanitation, Property Maintenance and Code
Enforcement) will be commonly known as the Property Maintenance Code of the City of
Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A.
AMEND AND REST ATE CHAPTER 10 (HEALTH AND
SANITATION) IN ITS ENTIRETY; IN THE CODE OF
ORDINANCES; CITY OF EDGEW A TER, FLORIDA.
Chapter 10 (Health and Sanitation) is hereby amended and restated to read as
follows:
Chapter 10 (Health.. ami Sanitation. Property Maintenance and Code
Enforcement)
Struck through passages are deleted.
Underlined passages are added.
2009-0-03
Chapter 10 (Health, Sanitation, Property Maintenance and Code Enforcement), Code of
Ordinances, City of Edgewater, Florida is hereby amended and restated in its entirety as set forth
in Exhibit "A", which is attached hereto and incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void 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 relettered 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.
Stl1iek tlmll:lgh passages are deleted.
Underlined passages are added.
2
2009-0-03
PART F.
ADOPTION.
After Motion to approve by Councilwoman Bennington and Second by Councilwoman
Rogers, the vote on the first reading of this ordinance held on May 18, 2009, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
After Motion to approve by Co IfYiilrw1l1 Coq-:>t< and Second by fC1Jfr1i1lAX'fMf"l 'K.hode.<:,. ,
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
x
~
X
X
'i
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
Struck tHrougH passages are deleted.
Underlined passages are added.
3
2009-0-04
PASSED AND DULY ADOPTED this 15th day of June, 2009.
ATTEST:
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CITY COUNCIL OF THE
CITY OF EDGEW AT" FLORIDA
~.~
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansav & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of June, 2009 under Agenda Item No. &J .
Strnek throl:lgh passages are deleted.
Underlined passages are added.
2009-0-03
4
Executive Summary for Chapter 10 'Health, Sanitation, Property Maintenance and
Code Enforcement' of the Code of Ordinances
The proposed revisions to Chapter 10 include numerous items intended to improve
property maintenance standards within the City of Edgewater. As part of this
amendment, several sections pertaining to property maintenance were incorporated into
Chapter 10 from the City's Land Development Code (LDC). Accordingly, it is necessary
to strike through that language that was previously contained in the LDC.
The proposed revisions include, but are not limited to the following:
· Renaming Chapter 10 from 'Health and Sanitation' to 'Health, Sanitation,
Property Maintenance and Code Enforcement'
. Limiting the accumulation of commercial advertisements or newspapers deposited
on vacant property
· Inclusion of 'Prohibited Uses' previously contained in Article III of the LDC
. Inclusion of "Property Maintenance- Duty of Owner' previously contained ill
Article V of the LDC
· Inclusion of 'Inoperable, Abandoned and/or Wrecked Vehicles' previously
contained in Article III of the LDC
· Defining unsafe and uninhabitable buildings and their eventual condemnation and
demolition requirements
· Defining the duties and powers of the code compliance officers
. Establishing standards for maintenance of structures, property and equipment
(interior and exterior)
· Inclusion of the code compliance process previously known as Article X of the
LDC
+
Chapter 10
HEALTH AND SANITATION
HEALTH. SANITATION. PROPERTY MAINTENANCE AND CODE ENFORCEMENT
ARTICLE I. IN GENERAL
Sec. 10 1. State sanitary code; adoption, penalty for violating.
Tho rulos ~nd rogubtions promulgatod by tho Florida St~to Division of Ho~lth pursuant to F.S. ch.
381, somotimos known ~s tho S~nitar)' Codo of tho Stato of Florid~, ~nd known ~s titlo 100 of tho
St~to ^dministr~tivo Codo, is horeby ~doptod as tho sanit~ry codo of tho oity. Any porson violating
within tho oity tho provisions of tho st~to sanit~ry codo or of this articlo sh~1I bo punishod, upon
conviction thoreof ~s providod by soction 1 8.
(Codo 1963, ~ 10 1) Cross reference Adoption of Ch. 100 5 of st~to ~dministr~tivo codo, ~ 7 331.
Sec. 10-1. Title.
These reQulations shall be known as the Property Maintenance Code of the City of Edqewater.
hereinafter referred to as "this code."
Sec. 10 2. Required connection to city water supply systems.
Sec. 10-2. Scope.
The provisions of this code shall applv to all existinQ residential and nonresidential structures and all
existinQ premises and constitute minimum requirements and standards for premises. structures.
equipment and facilities for Iiqht. ventilation. space. heatinq. sanitation. protection from the elements.
life safety. safety from fire and other hazards. and for safe and sanitary maintenance: the
responsibilitv of owners. operators and occupants: the occupancy of existinQ structures and
premises. and for administration. enforcement and penalties.
Sec. 10 3. Food establishments Adoption of state rules and regulations.
Tho city hereby ~dopts oh~ptor 100 13, Food Sorvico; ch3ptor 100 11, Food Procossing; ~nd
chaptor 100 15, Food Outlots, of the St3tO 3dministr3tivo codo, formerly chaptors of tho St3tO board
of hc~:lIth rules 3nd rogul3tions, filed with the secret3!)' of St3tO on Juno 3, 1962.
(Ord. No. 178, ~ 1, 3 7 66)
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 bv the continued occupancy and maintenance of structures
and premises. Existinq structures and premises that do not complv 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 controllinQ provisions of Federal and State law and. to the
extent of conflict. if any. such provisions shall prevail over the provisions of this code.
Sec. 10 4. Same Permit.
(3) No food sorvico, food procossing, or food outlot oct3blishmont 3S sot forth in soction 10 3 shall bo
oper3tod or m3int3incd in tho city until 3 s3nit3tion pormit for tho opor3tion ~nd m3inton3nce of such
ost3blishmont h3s beon obtainod from tho hoalth officor or his 3uthorizod reprosont3tivo.
1
(b) Tho permit sh~1I be issued ~nnu~lIy without ch~rge to the owner or oper~tor of ~ny food service,
food processing or food outlet est~blishment in the city oper~ting ~nd m~int~ining such ~n
est~blishment in compli~nce with the terms of sections 10 3 through 10 6 for which ~n occup~tion~1
license h~s been obt~ined.
(c) All s~nit~tion permits sh~1I be dispbyed prominently ~nd conspicuously with the city license in the
est~blishment for which the permit ~nd license ~re issued.
(d) S~nit~tion permits ~re revoo~ble by the he~lth officer or his ~uthorized represent~tive for viol~tion
of ~ny of the requirements of s~id sections. Written notice of such revoc~tion, together with the list of
violations signed by the health officer or his authorized represent~ti\'e shall be served upon the owner
or manager of the est~blishment by a member of the city police department, and ~ oopy thereof shall
be filed with the city olerk. No food service, food processing or food outlet est~blishment shall be
oper~ted as such ~n establishment ~fter its permit h~s been revoked ~s stated. (Ord. No. 178, ~ 2, 3
~
Sec. 10-4. Nuisances generallv.
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 dwellinq house. warehouse or other buildinq. 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 residinq or beinq in the vicinity thereof. or any unwholesome. decayed or decayinq animal or
veqetable matter. or any other matter or thinq detrimental to the health or comfort of residents to
include. but not be limited to. the followinq conditions:
(1) Junk. consistinq of unsiqhtly. worn-out or discarded material of little or no residual value
includinq scrap metal. scrap lumber. wastepaper products. discarded buildinq materials.
or other debris. the accumulation of which has an adverse effect upon neiqhborhood or
City property values. health. safety or qeneral welfare:
(2) Abandoned property. meaninq any personal property includinq. but not limited to. motor
vehicles. left in plain view under circumstances reasonably indicatinq that the possessor
or owner thereof has relinquished any riqhts of ownership therein:
(3) Wrecked motor vehicle. meaninq 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. enqine. transmission or other substantial part thereof is
or are removed; inoperable and/or removed.
(4) A motor vehicle not kept .in the front yard of a residence on other than pavement or in a
tlrivewav or adiacent to said driveway whether such driveway is paved or unpaved; in a
driveway or paved and/or improved parkinq area or immediately parallel and within a
distance of 10 feet of said driveway or paved and/or improved parkinq area.
(5) Any qarbaqe; rubbish; trash; refuse; cans: bottles: boxes; container; paper: tobacco
products; tires; abandoned or inoperative appliance: mechanical equipment or parts;
buildinq or construction materials; tools: machinery; wood; vessels; aircraft; farm
machinery or equipment: sludqe from a waste treatment facility. water supply treatment
plant. or air pollution control facilities; or a substance in any form resultinq from domestic.
industrial. commercial. mininq or aqricultural operations: or dead or decayinq plants
(except for compost piles) or exotic animals of any kind:
(6) Any buildinq or structure. or part thereof. which is in a dilapidated. unsanitary or unsafe
2
condition. or which constitutes a fire hazard:
(7) Any buildinq. structure, lot. place or location where any activity in violation of law is
conducted. performed maintained or allowed:
(8) Staonant or insufficiently treated water. in a pool. pond or container of any kind. includino
water in which alqae is allowed to orow or in which mosquitoes or other insects are able
to be breed.
(9) Animal excrement:
(10) Inoperable or unlicensed motor vehicles:
(11) 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:
(12) Any operable appliance kept or maintained outside in the open air and not under roof
such as a oaraqe or carport:
(13) Certain
state of beinq
or situation
located on
property which:
(a) Iniures or endanqers 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 danoerous for passaoe on any public or private
street. alley. hiohway, rioht-of-way, easement. sidewalk. stream. ditch. channel or
drainaqe of any property: or
(e) Renders other persons insecure in life or the use of property: or
(f) Interferes with the comfortable and quiet enioyment of life or property: or
(0) Tends to or could depreciate the value of property of any persons: or
(h) The accumulation of oarbaqe and trash in violation of Section 10-106 of this Chapter:
or
(i) Any trash, litter, debris, qarbaoe. bottles, paper, plastic, metals, cans, mos, offal,
bricks, concrete, lumber. buildino materials. or dead or decayino plants, (except for
compost piles) or animals of any kind: or
(j) Any condition which provides, or could provide, harboraoe for rats, mice, snakes,
insects or other vermin: or
(k) Any noises or vibrations. includinq animal noises. which disturb the peace of the
surroundino area or are otherwise unlawful: or
3
(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 drainaoe system by sewaoe, dead animals,
industrial wastes, debris or other substances: or
(n) Dense smoke, noxious or lethal fumes, lethal oas, soot or cinders: or
(0) Any condition constitutino a fire hazard: or
(p) Blockino of drainaoe inlets, pipes, ditches, swales, channels. culverts or streams.
Sec. 10 5. Same Compliance with state requirements; plans of renovations.
(:I) 1\11 food service, food processing :lnd food outlet est:lblishments sh:lll comply with the
requirements :IS set forth in the :lpplic:lble ch:lpters mentioned before of the st3te :ldministr:ltive
code, :lnd :lny future :lmendmonts or revisions thereto.
(b) Any :ldditions or renov:ltions to :lny of the 3bove mentionod est:lblishmonts sh:lll require th:lt the
oper3tor submit det:liled dr3wings of pl3ns to tho he31th dep:lrtment :lnd the building 3nd inspection
dep3rtment f{)r 3pprov31 prior to the St3rt of 3ny construction. (Ord. No. -1 78, ~ 3, 3 7 66)
Sec.-1-O-2. 10-5. Required connection to City water supply systems.
The owner, tenant or occupant of each lot or parcel of land within the City which abuts upon a street
or other public way containing a water distribution line served by the water distribution system of the
City, or abutting upon a street or other public way wherein a water distribution line of the water
distribution system of the City is not more than 4GO 200 feet from the closest point of abutment and
upon which lot or parcel of land a trailer or mobile home has been placed or a building has been or
will be constructed for residential, commercial or industrial use, shall cause the same to be connected
with and supplied with water from the water distribution system of the City, prior to occupancy of said
trailer, mobile home or building. The owner, tenant or occupant may continue to use an existing
private well for purposes other than sanitary purposes and uses; for all other purposes the owner,
tenant or occupant shall supply said trailer, mobile home or building exclusively from the water
distribution system of the City.
Sec. 10 6. Same Enforcement.
(3) It sh:lll be the duty of the h031th officor or his :luthorizod represont3tive to onforco tho torms of
sections 10 3 through 10 5 :lnd to conduct inspoctions in :III such ost:lblishments in the city 3S ofton
3S nocoss:lry to determino complbnce.
(b) Tho he31th officor or his :luthorizod reprosont:lti'lo sh:lll h:lvo tho right of ontry to 3ny f{)od sorvico,
food processing or food outlet ost:lblishment th3t is opon for businoss :lnd sh311 h:l'lo :lCCOSS to :III
p3rtS of tho s:lid ost:lblishmonts to oX:lmino 3nd inspect the premisos including :III oquipment 3nd
f:lcilitios thorein. It sh:lll bo unl3vlful f{)r tho ownor, opor3tor, m3n3gor or 3ny omployoo of thoso
est3blishmonts to refuse :ldmission to the hO:llth officer or his :luthorized roprosont:ltivo :It :lny timo
such ost:lblishmont is opon f{)r service.
(Ord. No. 478, ~ 4, 3 7 66)
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Sec. 40-8 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 junkyard dealer or secondhand furniture dealer 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.
(Code 1963, 9 13-1; Ord. No. 87-0-2, 99 1-3, 3-2-87)
State law reference-Similar provisions, see Fla. Stat. 99 823.07-823.09.
Sec. 10 7. Hotels, restaurants; adoption of the rules and regulations of the state.
The rules and regulations of the state division of hotel and restaurants in the administration of F.S.
ch. 509, as authorized by F.S. ~ 509.032, are hereby adopted f{)r the regulation of hotels, restaurants,
motels and other places '.vithin the city furnishing food or lodging to the public. Any person violating
such rules and regulations shall be subject to the penalties provided by section 1 8 of this Code.
(Code 1963, ~ 15 1)
Sees. -W-9-10-7.-10-19. Reserved.
ARTICLE II. NOISE.
Sec. 10-20. Definitions.
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 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.
Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or
property damage which demands immediate action.
Emergency work. Any work performed for the purpose of preventing or alleviating the physical trauma
or property damage threatened or caused by an emergency.
5
~~
Noise. Any excessive sound which annoys or disturbs humans or causes or tends to cause an
adverse psychological or physiological effect on humans. The term is synonymous with sound.
Noise nuisance. Continuous or repeated sound that interferes with the rights of others by causing
damage, annoyance or inconvenience with noise that exceeds the limits set forth in Table I.
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 United 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 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 employed is not indicated, the A-
weighting shall apply.
Sound level meter. An instrument used to measure sound pressure levels when properly calibrated
and is of type 2 or better as specified by ANSI standards.
(Ord. No. 2002-0-04, pt. 8, 4-15-02)
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. 2002-0-04, pt. 8,4-15-02)
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
6
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
Sound Level Limit (dbA)
Residential
Time
8:00 a.m.-9:00 p.m.
9:00 p.m.-8:00 a.m.
7:00 a.m.-10:00 p.m.
10:00 p.m.-7:00 a.m.
60
50
Commercial
65
60
Manufacturing
All times
75
Noise sensitive zone
All times
50
Sec. 10-23. Specific noises prohibited.
In addition to the maximum permissible sound level limits set out in Table 1, and unless otherwise
exempted by this Article or by act of the City, the following specific acts, or the causing or permitting
thereof, are hereby declared to be in violation of this Article:
(1) Horns, signaling devices, and other similar devices. The sounding of any horn or signaling device
on any automobile or other vehicle, except as a danger warning; the sounding of any signaling device
for any unnecessary or unreasonable period of time as determined by a law enforcement or code
compliance officer; and the unreasonable use of any signaling device. Noises of safety signals,
warning devices, emergency pressure relief valves and bells and chimes of churches are exempt as
are train horns, in approach of a crossing or as notification of an emergency situation as well as
noises resulting from any authorized emergency vehicle when responding to an emergency call or
acting in time of emergency.
(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 (10) minutes or barks intermittently for
one-half hour or more to the disturbance of any person at any time of day or night. Provided,
however, that a dog shall not be deemed a "barking dog" for the purposes of this Article if, at any time
the dog is barking or making other noise while a person is trespassing or threatening to trespass
7
upon private property in or upon which the dog is situated or any other legitimate causes for which
the dog is provoked.
(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 week- ends 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 there from 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. 2002-0-04, pt. 8, 4-15-02)
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. 9 509.013(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. 2002-0-04, pt. 8, 4-15-02)
Sec. 10-25. Measurement standards.
The following standards shall be used in the measurement of sound level limits of noise:
(1) The measurement of sound or noise shall be made with a decibel or sound level meter operating
on the A-weighting scale of any standard design and quality meeting the standards prescribed by the
American National Standards Institute for a sound level meter. The instrument shall be maintained in
good working order and calibrated prior to each use. Measurements recorded shall be taken so as to
provide a proper representation of the noise source. The microphone used during measurement shall
be positioned so as not to create any unnatural enhancement or diminution of the measured noise. A
windscreen for the microphone shall be used when required.
(2) The slow meter response of the sound level meter shall be used in order to best determine that
the average sound has not exceeded the standards set forth in Table 1.
8
(3) The measurement shall be made at the property line on which such noise is 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. 2002-0-04, pt. 8,4-15-02)
Sec. 10-26. Waivers for cultural events.
The sponsors of a cultural event, which will occur infrequently and which reasonably may not meet
the noise standards and regulations provided above, may submit a request for waiver to the City
Council, along with proposed precautions and conditions. The sponsors shall also provide 15 days'
written notice to affected property owners within 500 feet of the proposed event, including a
description of the event and proposed conditions, the name and telephone number of a contact for
more information, and the date and time when the matter will be considered by the City Council. City
staff shall review the proposal and comment on the reasonable expectations of compliance or
noncompliance with the provisions of this Article and the likely impacts to the surrounding community.
The proposal, along with 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. 2002-0-04, pt. 8,4-15-02)
Sec. 10-27. Enforcement.
Code enforcement and the police department shall have primary enforcement responsibility for-tRis
Article il TNolse). iTViolatlOns-are enforced throuQh Code Enforcement. tiie process -wiil be held in
accordance with Article XXVII]
(Ord. No. 2002-0-04, pt. 8,4-15-02)
Sec. 10-28. Penalties.
(1) 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.
(2) Cease and desist order. Upon determination by the police department that a source of noise is
being conducted in violation with this Article, the police department shall issue an order directing the
operator thereof to cease and desist such operations until the violation is corrected. If an owner fails
to comply with a valid, duly served cease and desist order, he shall be guilty of misdemeanor and
punished as heretofore provided.
(3) 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
9
equipment with limits of this Article. Further violation shall result in the permanent confiscation by the
court upon correction.
(Ord. No. 2002-0-04, pt. S, 4-15-02)
Secs. 10-29-10-39. Reserved.
ARTICLE III. CLEANLINESS AND SANITATION OF PREMISES
DIVISION 1. GENER,^.LL Y
Sec. 10 40. Enforcing officer.
This division sh~1I be enforced by ~n officer or employee of the oity, who sh~1I be referred to herein ~s
the s~nit~tion officer, 'Nhether or not he h~s some other title or design~tion.
(Ord. No. 567, ~ 3, 8 11 67; Ord. No. 601, ~ 3, 6 17 68)
Sec. 10 41. 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 throuqh an aqent 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 qreater than two (2)
days of such material.
f9i(Q) 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 streetside for systematic collection by the
City, but do specifically prohibit the indiscriminate and disorderly casting of wastes on City streets.
Sec. 10 42. 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.
(Code 1963, S 13-8)
State law reference-Solid waste disposal act, F.S.S 403.071 et seq.
Sec. 10 43. Freedom from accumulations and vegetation Duty of owner.
It shall be the duty of every owner of bnd lying in the city to keep the s~me c1e~r ~nd free from
rubbish, debris, tr~sh, garb~ge ~nd other unsightly ~ccumubtion.
(Code 1 963, ~ 23 1; Ord. No. 567, ~ 1, 8 11 67; Ord. No. 601, ~ 1, 6 17 68; Ord. No. 91 0 05, pt. S,
2 22 91)
Cross reference City dispos~1 service, ~ 19 60 et seq.
10
Sec. 10 44. 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.
(Code 1963, ~ 23-1; Ord. No. 567, ~ 2,8-11-67; Ord. No. 601, ~ 2,6-17-68; Ord. No. 94-0-05, Pt. 8,
2-2-94 )
State law references-Enumeration of nuisances injurious to health, F.S. ~~ 386.041, 823.041,
823.05; creation constitutes misdemeanor, F.S. ~ 386.051.
Sec. 4-0-45. 10-43. Inspection to determine prohibited conditions.
It shall be the duty of the sanit:Jtion code enforcement officer~ 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.
(Code 1963, ~ 23-1; Ord. No. 567, ~ 3, 8-11-67; Ord. No. 601, ~ 3,6-17-68; Ord. No. 94-0-05, Pt. 8,
2-22-94 )
Sec. 10 46. Notice to remedy condition Service.
(a) If the code enf-orcement officerlli} determines that :Jny of the :Jbove enumer:Jted conditions exist
on ::my lot, tr:Jct, or p:Jrcel of l:Jnd within the city he sh:J1I f-orthwith direct :J notice to the owner of
record of such property by certified m:JiI, return receipt requested, at his last kno'A'n mailing :Jddrecs
as shown by the records of the city clerk, advising that the aforementioned condition or conditions
have been found to exist on the property described on said notice and demand that such owners
cause the condition or conditions to be remedied 'Nithin ten days if the owner resides in the state as
reflected by the records of the city clerk or 'I.'ithin 15 days if the owner resides without the state as
reflected by the records of the city clerk. The notice shall specify that the failure of the owner to
remedy the condition described within the time allowed shall authorize the city to do or have such
work done on behalf of the owner at the owner's cost :Jnd that the cost of s:Jid '/lork, together "'lith any
interest, shall be taxed to the owner and shall become a lien against the property.
(b) If there is an occupied dwelling on the property, a copy of said notice sh:J1I be served by the
sanitation officer or a police officer upon the occupant of said property, or upon any agent of the
owner thereof.
(c) The mailing of the notice to the owner aforementioned shall be sufficient proof thereof and the
delivery of notice to an occupied dwelling shall be equivalent to mailing, if the ol/mer :Jnd occupant
arc known to be the same.
(d) If the mailing address of the owner is not known and the property is occupied, and the owner has
no agent in the city, the notice chall be posted upon said property as notice to the o'lmer thereof, who
shall be considered an O'Nner with out the state and a copy of said notice shall also be posted at an
appropriate location at the city hall.
(Code 1963, ~ 234; Ord. No. 567, ~ 3, 8 11 67; Ord. No. 601, ~ 3, 6 1768)
State lavo' reference Abatement of nuisances, F.S.
~~ 386.03, 386.011, 823.05.
11
Soc. 10 47. Sarno F
The notico to th arm.
"fI. 0 O"'Re
JOTICE OF P .. r as horoin sot fDrt
~ame of Owne~BLlC NUISANCE 11 sl1alllle in sullstanlially Il1e f '
"ddress of 0 ollowmg form'
'liner .
8ur r~cords indicato tha I
y 01 uSia County FI' t ~ou aro tho oUlnor(
^ . ' orr . .. s
, '~ mspeGtion of Il1is ~a. (desGribo property) ) of Il1e following proporty in tl1 '
eXists tl1ereon so as t roperty dlSGlosod and 111 0 City of Edgowater
folio"; 0 Gonslilul " avo found d '
Yo 00 ng mannor: (desGrillo n 0 a vlolalion of Il1e or' an,. dolermined tl1a '
u ?re 110roby nolified tl1 tll10 Gondilion wl1iGI1 pi dlnonGes of Il1e Cily ~f Edt a pullllG nuisanGo
~~~7~~I~IO fi~ the Edgowa~r ~~~~:s Il1e Gondition a~~~~ I:~ pr~~erty in violalion reWalOr, Florida, in Iho
G' , roan (15) d " . anGOS Within 10 ( SGn ed IS romod'
(i~:~~~~;!~:~x~~~~:~:ri~ ~~~~;~~::~~~~\~~ft~~~s ~il:~~~~~~~:~:I:!I~:~~i~:~le of
1110 City Cou ,reGOIpl of billing If 'au 0 os a lion on tho ro os.of 1110 work inGludin oreof, 1110
days if sa'd ~~'I wlll1in Ion (10) 'do ~ 'f do, nol agreo Witl1ll1:' :?,rty If nol oll1o"";iso 'd ?,?d~ertising
Qale I o..nor residos WiI110ut~~ I smd ownor residos ....~, 0.0 findings you lOa ,pal ..III1,n tl1irty
~~~ of EdgoWfller, Florid e Slato of Florida of d;:O ~ :~~ ~:t:~eof FI~rid~ ::f,::~nb~~)O
. a ,an proleslll1' ,
S . IS aGtlon
anllalion OffiGor" '
(Codo 1963 9 2
, 3 1; Ord. No. 567 [00a7
SeG. 10 48 H . ,] 4, 8 11 67)
. oaring b J
o oro and act"
(a) If 1110 lOA lly GounGiI.
property o"'no '
and so appoars bofur r or ~IS duly authorizod
dolormine aonalusi" e 1110 Oily counail as so agonl elools to prolost t
detormination sl1all' ~~ fiwh~lhor Ih 0 co~d ilion I'::::h !~ Ih,: nolico 10 own ~~ ~~liC~ as sol forth horei n
( no. on od 10 1110 nolico do' e Oily counailsl1all
I:) I,~,the city council delorm' es or doos nol oxisl and sucl1
an Onner d?oS nol exist, Il1e Ines Il1allhe situalion an ' ,
d no aollon shalllle lako n ;UCI1 nolice to o"'nor s: ~ondlllon as sel fortl1 h '
n yon' 00 a lle' orOln and'
(c) If Ihe city aoun . - ~ agency of Ihe Gily in reg:~s;~erod null and VOidn;n~n ~~: notico
than from tho dalea~ sl1all delormino tl1allho . , such aondilion 01 that limo 0 effect,
or aorroolsuah c f ~ucl1 detormination ,aondlllon descrilled in' '
spoaified Ih ondlllon. Upon fuilu ll~ tl10 Oily council tl1 Iho nollco 10 Ihe 0'"
correat s~ah 0 chlC.fadminislrativo o~o of Iho owner 10 corr~oi"o owner sl1all have Ion -;t~r does exist,
(Coda 1 963 [~~d~~!on as hore in prov~".:d of 111 e aity sha II dirool ~~:" cond ili~n within th 0 ~~~ ~o r,emedy
SeG. 10 49 'I\lla: Oa7J 23 2, 23 5; Ord. No. 567, 10007] 5 8 11 7~ropnale agoncy of Ihe ~~ to
'MI1 . . smeAt b' . '
.. oro no protost h ~ City.
refusod to romod I as beon mado of tho no .
allowod, or if 1110 ~ or correct the condition lice to owner and "'hen Ih
o'''ne' 11' or so dT ,. e 0'"
~:;~~~s~ :; ~:f::~~~S d".:~~~ll~~oi~II~:::i~r~I~~t ~'~~~h~~i~~~~~~C~la~d '~:~;C:a~i::~o~h:~~:o!ed, or
appropriate agoncy o~ ~~mo~y or correo! sai~:~~~':~ owner do in fucl e~~s~olcdrmined Ihallho
po mont of the cily is 11 I Ion or conditions Iho ,tn the owner fuils
I oresy a tA' I CI Y eab! " I
u orlzod to c nCI I through th
orroct or romod ' 0
y said
12
condition or conditions ~nd to est~blish ~ ch~rge or r~te theref-ore. Ch~rges ~nd r~tes ~s est~blished
by the city council sh~1I be unif-orm throughout the city.
(Code 1963, SS 23 1, 23 6; Ord. No. 567, S 6, 8 11 67)
Sec. 10 50. Collection of cost of abatement.
(~) After following the procedure outlined herein, in those c~ses where the owner shall not volunt~rily
correct or remedy the condition or conditions ~nd the city council through the ~pproprbte ~gency or
department of the city sh~1I have remedied or corrected the condition, the s~nit~tion officer sh~1I
determine the expenses incurred by the city ~nd sh~1I certify the same to the city clerk whereupon tho
city clerk shall forthwith direct ~ bill or st~tement to the owner, whereupon s~id bill or st~tement sh~1I
become p~y~ble by the owner within 30 d~ys.
(b) If the owner or his ~gent f~ils to m~ke payment INithin the 30 d~ys, the expenses sh~1I become
and constitute ~ lien ~nd ch~rge upon the property, which sh~1I be p~y~ble 'Nith interest ~t the rate of
six percent per ~nnum, from the d~te s~id bill or ch~rge \\'~s due and p~y~ble. Such expenses ~nd
any ~ccrued interest sh~1I be ~ first ~nd prior lien ~g~inst the property ~nd m~y be recorded upon the
public records of the county, ~nd s~id lien sh~1I be inferior only to the lien for t~xes to the county ~nd
the st~te, ~nd sh~1I be of the s~me char~cter ~s the lien of the city for municipal t~xes.
(c) Upon bilure of ol/mer of s~id property to pay the lien, it will be enf-orced in the s~me m~nner ~s
tax Iiem: in favor of the city or m~y be enf-orced in the same m~nner ~s the f-oreclosure of mortg~ges
as m~de and provided by the bINS of the st~te.
(d) The city shall keep ~ complete set of files ~nd records rebting to the liens ~uthorized by this
article, ~nd the city clerk may from time to time issue st~tements to the owner of the ~mounts of such
lfeRs..
(Code 1963, SS 23 3,23 6; Ord. No. 567, S 7, 8 11 67)
Sees. 10 51 10-44.-10-59. Reserved.
DIVISION 2. RESERVED
Sees. 10-60-10-79. Reserved.
ARTICLE IV. SEWAGE DISPOSAL
ARTICLE IV. PROHIBITED USES
Sec. 10 80. Sanitary disposal methods Required generally.
Sec. 10-80. Outdoor StoraQe-Residential
Open outdoor storaqe in residential districts or property where the primary use is residential is
expressly prohibited when seen from the riqht-of-way. except those items listed in Section 10-114.
Sec. 10 81. Same Rented premises.
Sec. 10-81. Vehicle Sales/StoraQe on Vacant Lots I Public RiQht-of-Wav
The sale, lease, or offerinq for sale or lease, or storaqe of any vehicles. includino 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 rioht-of-wavs
within the City.
13
Sec. 10 82. Same Ne'N or altered buildings.
No person sh311 build or remodel or C3use to be built or remodeled 3ny ctructure used for hum3n
h3bit3tion or occup3ncy 'tJithin the city which is 'tJithin 200 feet of 3 public s3nit3ry sewer line, unless
it is provided with w3ter c3rried scwer3ge f3cilities.
(Ord. No. 896, ~ 7,11 4 74; Ord. No. 913, ~ 1,
2 1 75)
Sec. 10-82. Commercial Vehicles in Residential Areas
(a) It shall be unlawful for a commercial vehicle, 3nd/or associated commercial trailer, tractor trailers,
or concession vehicles~ with a qreater than 1-ton 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 1-ton rated capacity shall be
permitted to park on any property whose primary use is residential.
Sec. 1 g 83. Connection to city sewer Required when available after notice.
Tho ov:ner of e3ch lot or p3rcel of bnd within the city upon '.vhich lot or p3rcel of 13nd 3ny building, or
tr3iler usod 3S 3 dwelling, is now situ3ted or sh311 here3fter bo situ3ted, for either residenti3I,
commerci31 industri31 use, sh311 connect or C3use such building or tr3iler to be connocted with tho
public sowor f-3cilities of the municip31 se'Ner system of tho city, 3nd usa cuch f-3cilities within three
months following notific3tion so to do by the city clerk. All such oonnections sh311 be m3de in
3ccord3nco with rulos 3nd regul3tions which sh311 bo 3dopted from time to time by tho city council,
which rules 3nd regubtions sh311 pro'lide for 3 ch3rge for m3king 3ny such connections in such
re3son3blo 3mount 3S such council m3Y fix and determine. No connection sh311 bo required whore
s3id sewer system or line is more th3n 200 feet from such lot or p3rcel of bnd.
(Ord. No. 896, ~ 2, 11 1 71; Ord. No. 907, ~ 1, 1 9 75; Ord. No. 913, ~ 1, 2 1 75)
Cross references Connection procedure 3nd ch3rgos, ~ 19 22 et seq.; required W3tor connection,
~ 10 2; 3uthorized connection to w3ter system, ~ 19 21.
Sec. 1 0-83. Ne~lected Premises
(a) It shall be the duty of any person owninq or controllinq a house or other buildinq or premises to
maintain such premises in a reasonably clean and orderly manner and to a standard conforminq to
other orderlv premises in that vicinitv. It shall be a violation of this Section to abandon. neqlect. or
disreqard the condition or appearance of any premises.
(b) Every exterior wall of every buildinq shall be free of holes, breaks. loose or rottinq boards, or
timbers. All sidinq 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 existinq buildinqs. both interior and exterior, shall be maintained in such a manner
that structural strenqth. stability. sanitation, adequate Iiqht and indoor air quality, and safety to life and
property from fire and other hazards are provided for public safety. health. and qeneral welfare.
Sec. 10 84. Same Not to cross another's property.
This 3rticle sh311 not be construed to require or entitle 3ny percon to cross the priv3to proporty of
anothor to m3ke 3ny cuch SO'Ner connection. (Ord. No. 896, ~ 3, 11 -1 74)
14
Sec. 10-84 Parking on Drainage or Maintenance Easements or Public Right-of-Ways
It shall be unlawful to park or store any vehicle. boat. trailer. equipment or item(s) of any kind that
cause an impediment/obstruction on City. Countv.or State maintained drainaqe easements or public
riqhts-of-wav. includinq lawn ornaments or any other obiects not permitted bv the City and/or other
appropriate iurisdictional authority.
Sec. 10 85. Same Making by city; reco'Jer}' of cost.
If ~my such owner of ~ny lot or p~rcel of I~nd within the city sh~1I f~i1 ~nd refuse to connect with ~nd
use the f~cilities of the sewer system of the city, ~fter notific~tion by the city clerk, ~s provided herein,
the city sh~1I be ~uthorized to m~ke such connections, entering on or upon ~ny such lot or p~rcel of
I~nd for the purpose of m~king such connection. The city sh~1I thereupon be entitled to recover the
cost of m~king such connection, together with re~son~ble pen~lties ~nd interest ~nd ~ttorney's fees,
by suit in ~ny court of competent jurisdiction. In ~ddition ~nd ~s ~n ~Itern~ti\'e me~ns of collecting
such costs of m~king such connections, the city sh~1I h~ve ~ lien on such lot or p~rcel of land for such
cost, which lien sh~1I be of equ~1 dignity \Nith the lien of st~te ~nd county ~nd municip~1 t~xes. Such
lien m~y be foreclosed by the city in the s~me m~nner provided by the I~ws of the st~te for the
foreclosure of mortg~ges upon re~1 est3te.
(Ord. No. 896, ~ 1, 11 1 71)
Sec. 10 86. Septic tanks.
No septic t~nk other th~n those ~pproved by the Volusi3 County Environment~1 He~lth Director
(he~lth officer) sh~1I be constructed within the city. No septic t~nk sh~1I be constructed or m~int~ined
within 200 feet of the city sewer line. No septic t~nk sh~1I be permitted to disch~rge to ~ny n~tur~1
outlet.
(Ord. No. 896, ~ 11, 11 1 71; Ord. No. 913, ~ 1, 2 1 75; Ord. No. 93 0 15, pt. A, 9 7 93)
State law references Policy of st~te to control pollution, Const. Art. 2, ~ 7; Pollution Control Act.
F.S. ~ 103.011 et seq.
Secs. 10 87. 10 89. Reserved
Secs. 10-85.- 10-89. Reserved
ARTICLE V. 'NEEDS, GRASS, AND BRUSH;
STl\NDARDS FOR PROPERTY MAINTENANCE*
ARTICLE V. SEWAGE DISPOSAL t
Sec. 10 80. 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 if the property is on properties desiqnated for Sinqle-Familv Residential (SFR)
use and said SFR property boundaries are located more than 200 feet from the sewer line.:. Properties
with more than two (2) residential dwellinqs or anv non-residential use shall connect to City sewer
reqardless of the 200 foot rule.
(Ord. No. 896, 99,11-4-74; Ord. No. 913, 9 1,2-4-75)
15
Sec. 10 81. 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. 896, ~ 10, 11-4-74)
Sec. 10 93._Property maintenance; duty of the owner.
The st~nd~rds ~nd requirements of this section ~re supplement~1 ~nd in ~ddition to the provisions of
ch~pter 1 0, ~rticle III, section 10 10 et seq. ~nd ch~pter 19, ~rticle VI, section 19 60 et seq.
(~) ."Aa/ntonance of commorc.b! and industria! zoned Jots. The owner of every improved lot, piece ~nd
parcel of I~nd loc~ted .....ithin ~ commercial or industrial zone 'Nithin the City shall keep e~ch such lot,
piece or parcel of I~nd free ~nd c1e~r of ~II fallen trees ~nd limbs ~nd brush exceeding 12 inches in
height. However, nothing in this subsection sh~1I be construed to require n~tur~1 ~reas located within
larger improved lots to be cut to ~ height less th~n 12 inches within such n~tur~1 ~re~s. Unimproved
vac~nt p~rcels ~dj~cent to improved p~rcels will be inspected by the City to determine severity of
haz~rd to the improved property. If it is determined by the City th~t the property does pose ~ h~z~rd,
the owners of unimproved v~c~nt p~rcels will be required to keep 20 feet of their parcel th~t is
~djoining ~n improved p~rcel of I~nd free ~nd cle~r of ~II fallen trees, limbs ~nd brush exceeding 36
inches in height.
(b) Maintenance of imprm'od rosidential lots.
The O'.\'ner of ~n improved lot in ~ residential zone with lot sizes of one ~cre or less sh~1I keep such
lot free ~nd c1e~r of ~II f~lIen trees ~nd limbs. All 'Needs, grass ~nd brush sh~1I be cut to ~ height not
exceeding 12 inches. However, nothing in this subsection sh~1I be construed to re quire natur~1
are~s loc~ted within I~rger improved lots to be cut to a height less th~n 12 inches 'Nithin such n~tur~1
are~s.
(c) A4a/ntenance of unimprovod residential lots. Unimproved v~c~nt p~rcels ~dj~cent to improved
parcels will be inspected by the City fire dep~rtment ~nd/or code enfnrcement to determine severity of
h~z~rd to the improved property. If it is determined by the City th~t the property does pose ~ haz~rd,
the owner of ~n the unimproved v~c~nt lot in ~ residential zone will be required to keep 20 feet of
their parcel/lot that is adjoining an improved lot free ~nd clear of ~II fullen trees ~nd limbs, ~nd ~II
weeds, gr~ss ~nd brush therein sh~1I be cut to ~ height not exceeding 36 inches within such ~rea.
(d) Garbage, YlQste, trash, etc., proh/b/ted.
The O'Nner of every lot, piece ~nd parcel of land loc~ted within the City sh~1I keep each such lot,
piece ~nd parcel of I~nd free ~nd clear of g~rbage, 'Naste, tr~sh, debris and junk.
(e) No property maintenance permit roquired; other restrictions and requiroments appJjc~ble. No
permit sh~1I be required for the limited property maintenance required by this section; however, the
requirements, restrictions ~nd Iimit~tions imposed by other sections of this Code ~nd ~pplic~ble
provisions of the I~nd development code pert~ining to environment~1 preserv~tion, tree remov~l,
ch~nge of gr~de, etc., sh~1I be ~pplic~ble. In the event of ~ny conflict between this section ~nd ~ny
other provision of this Code or ~pplic~ble provision of the land development code, the other sections
of this Code or ~pplic~ble provisions of the I~nd development code sh~1I prevail ~nd govern.
(Ord. No. 99 0 14, pt. ^, 5 3 99; Ord. No. 2000 0 15, pt. /\, 8 7 00)
16
*Editor's note Ord. No. 2000 0 09, 8dopted l\pril17, 2000, repe81ed Art. VI, 'Nhich pert3ined to
burning of g3rb3ge, tr8sh, brush, etc. ~md derived from Ord. No. 99 0 14, 8dopted M8Y 3, 1999.
Sec. 10 94. Enforcement.
Code enforcement officers 8re hereby design3ted 3S the investig3ting 3nd enf.orcing 8uthorities
pursu8nt to this 8rticle. Code enforcement officers 8re 3uthorized 8nd directed to receive 81
compl3ints of viol8tions of this 8rticle, m3ke inspections to determine if 8 viol3tion exists, g8thor 811
relov3nt information concerning such compbints, provide 811 required notices 8nd t3ke such other
action 8S m3Y be re8son3bly necess3ry to 8ccomplish the purpose of this 8rticle.
(Ord. No. 99 0 14, Pt. A, 5 3 99)
Sec. 10 95. Notice of ':iolation.
(3) ServIce. Upon determin8tion by the code enforcement officer th8t 3 viol8tion of this 3rticle exists,
3 notice sh811 be provided to the property o'lIner by cortified m8il, return receipt requested; by h8nd
delivery by the code enf.orcemont officer, 8 member of the Edge'N8ter Police Dep8rtment or other
person design3tod by the city council; or by le8ving the notice 8t the owner's usu31 pbce of residonce
'.\lith 8ny person residing therein 'Nho is 8bove eighteen (18) ye8rs of 8ge 8nd informing such person
of the contents of the notice. Notico m3Y 81so be served by public8tion by publishing such notice once
during e8ch week for f.our consecutive v.'eeks in 8 newsp8per of gener31 circubtion in Volusi8 County.
The newsp3por sh811 meot such requirements 8S 8re prescribed under F.S. ch. 50 for leg31 8nd
officbl 8d'lertisemonts.
(b) Content. Tho notioe sh811 require th3t the owner C8USO the '1iobtion to be remedied within
45 c31end8r d8Ys of receipt or within 45 c81end8r d3YS of receipt to file 3 written notice of 8ppe81 with
the secret8r)' of the code enforcement b08rd requesting 8 he8ring bef.ore the code enforcement
b08rd. The notice sh311 further St3tO th3t in the 8bsence of compliance or the filing of 8 notice of
3ppe81 'Nithin the 15 d3Y time period, the city sh811 h8vo tho right to enter onto the proporty 8nd t8ke
such 8ction 8S is necess8ry to remedy the viobtion without further notice to the O'.vner. The 8CtU81
costs of such 3ction plus the 8dministr8tive costs 8S dotermined by the city sh811 become 8 lien upon
the property until p8id. If 8 written notice of 8ppe31 is timely filed with the secret31)' to the code
enforcement b08rd, tho secret8ry sh311 notify the owner by certified m8i1, return receipt re quested, of
the d3te 8nd time when the owner, his 8gent or represent8tive sh311 8ppe8r before the code
onf.orcement b08rd to show the bomd th3t the condition describod in the notice of viol3tion did not
exist 8t tho timo the notice W8S issuod. The notice sh811 31so st8te th8t if the owner fails to 3ppe8r
before tho code enforcement b03rd 8t the design3tod time, in person or by represent8tion, 8nd h8s
failed to t3ke 3otion to remedy the condition before the d3te specified for compli3nco, then the O'lmer
sh811 be deemed to h3ve 3uthorized tho city to enter onto the property 3nd t3ke such 8ction 3S is
necess3ry to remedy the viol8tion '.vithout further notice to tho owner. The 8CtU31 costs of such 8ction
plus the 3dministr3ti'le costs 3S determined by the city sh811 bocome 8 lien upon the property until
~
(c) Ownership. For the purpose of giving notice to the ownor, the n8me 8nd 3ddress of the owner
8ccording to the records of the property 8ppr8iser of the county sh811 be used.
(Ord. No. 99 0 11, pt. A, 5 3 99; Ord. No. 99 0 19, pt. A, 8 16 99)
Sees. 10-92.-10-95. Reserved.
17
ARTICLE VI. RESERVED
ARTICLE VI. WEEDS, GRASS AND BRUSH;
STANDARDS FOR PROPERTY MAINTENANCE
Sec. 10 96. Hearing before code enf-orcement board.
(a) The code enforcement board shall provide each property owner who elects to appeal a notice of
violation an opportunity to appear, be heard and to present evidence or testimony. Upon hearing all
testimony and evidence concerning the alleged violation, the board shall determine whether or not
the condition as described in the notice of viol::ltion existed at the time the notice was issued and, if it
is determined to have existed, V'.'hether the condition continues to exist and should be remedied at the
expense of the O'.vner. The board shall inform the owner of its decision at the meeting.
(b) If the board determines that the condition 3S described in the notice of violation did not exist 3t the
time the notice 'Nas issued then the notice of violation Sh311 be deemed of no further effect.
(c) If the b03rd determines that the condition as described in the notice of violation does exist and
should be remedied at the expense of the owner, the b03rd shall determine the amount of time within
which the owner may be allowed to remedy the '1iol3tion and come into compliance.
Upon the failure of the owner to remedy such violation 'I.'ithin the time allowed, the city shall enter
upon the property 3nd t3ke such action 3S is necessary to remedy the viol3tion without further notice
to the owner.
(d) If action to remedy the '1iobtion is t3ken by the city, the 3ctual costs of such action plus
3dministrative costs (including the cost of publication) as determined by the city shall be owed by the
owner to the city and shall constitute alien against the property until paid. If the owner takes action to
remedy the violation 3fter the time allowed, including any extensions if granted, the administrative
costs shall be owed by the owner 3nd shall constitute a lien 3gainst the property until paid.
(Ord. No. 99 0 14, pt. A, 5 3 90; Ord. No. 99 0 19, pt. 8, 8 16 99; Ord. No. 2000 0 15, pt. A, 8 7
~
Sec. 10 90. 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. 99-0-14, pt. A, 5-3-99)
Sec. 10 97. Lien against property.
(a) .".lotice prior to assessmont. Prior to the recording of liens, the code enforcement officer Sh311
provide each property owner with written notice by regular mail of the cost of clearing the property
plus the administrative costs. The notice shall require payment within 30 days of the date of notice
18
and shall state that it shall constitute a lien against such property if payment is not received within 30
Gay&
(b) Lion osklb!fshod. If payment for the costs and expenses is not received within the 30 day period,
an assessment against property upon which remedial action has been taken by the city pursuant to
this article is hereby authorized. Such assessment shall inolude the unpaid balance of the actual cost
to the oity of clearing the property plus administrative costs or the administrative costs alone if the
owner took remedial action 3fter the time allowed. The assessment shall also include interest at the
rate of 12 percent per annum from the due date. Notice of such 3ssessment shall be recorded in the
public records of the county and shall constitute a lien against the property until paid. Such lien shall
be superior and p3ramount to the interest in such bnds of any owner, lessee, tenant, mortgagee or
other person, except the lien of state, county or municipal taxes, and shall be on parity with lien of
such state, county and municipal taxes. If 3ny such cost, expense or oharge is not paid as 3nd when
due and is in default for 30 days or more, the unpaid babnce thereof and 311 interest accrued thereon,
together with attorney's fees and om:ts, may be recovered and such liens may be fore closed by the
city in the manner provided by the laws of the state for foreclosure of mortgages on re31 property.
(c) S3tfsklctfon. Upon payment to the oity of the total amount of the lien plus the interest accrued
thereon, a satisfaction of such lien shall be filed in the public records of the county.
Sec. 10 98. Alternative enforcement procedure.
The procedures set forth in this article shall be supplemental to other procedures established by the
city for the enforcement of this Code.
(Ord. No. 99 0 14, Pi. A, 5 3 99)
Sec. 40-9-1-. 10-97. Definitions.
The followinq words. terms and phrases when used in this Section, shall have the meaninQs ascribed
to them in this Subsection. except where the context clearly indicates a different meaninq:
Brush. The underqrowth of plant species that by virtue of their arranqement. chemical composition
and qrowth pattern provide a ready path for uncontrolled fire to spread. It shall mean herbaceous
plants. plants and qrasses with stems that wither awav annuallv or shrubs with woodv stems that live
from year to year as distinquished from trees. Species included in this definition shall include. but are
not limited to saw palmetto. Qallberrv. fetterbush and wax myrtle.
Improved lot. Any lot to which improvements have been made. includinq but not limited to. chanqe of
qrade throuqh fillinq or excavation. installation of water or sewer line. c1earinq of property to beqin
construction or any other physical alteration which has siqnificantly disturbed the natural veqetation
on the property.
Natural area. Areas within larQer improved lots where the natural veqetation has not been cleared or
disturbed.
Natural cover. Trees. brush. roots and other by products of land clearinq activity.
Structure. AnvthinQ constructed. 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 housinq, business,
19
commercial or industrial purposes whether temporary or permanent. Structure shall include. but not
be limited to walls. billboards. swimminq pools and decks. communication towers. on-site siqns. tents.
porches. fences. privacy screens. docks. arbor. qazebos. sheds and similar structures. Structure
shall not include. pipes. pump stations and any other construction below qround level.
Trash. All accumulation of qrass. shrubbery or weed cuttinqs. pine needles and other refuse incident
to the care of lawns. shrubbery. vines and qardens. The term "trash" shall not be taken to include
trees. tree limbs. tree stumps. brush. used or broken appliances. furniture. beddinq. buildinq
materials. lumber or other material of like nature.
Unimproved lot. Any lot which remains undisturbed and in a natural veqetative state.
Veqetative fire hazard assessment. An assessment of an area to determine build-up alonq with
veqetative fuel hazard classification and threats it may pose to real property. The assessment will be
conducted utilizinq the Volusia County Wildland/Urban Interface Wildfire Hazard Assessment Guide
(dated 01/2000).
Veqetative fire hazard. Trees. brush or other veqetation which by reason of their combustible nature
durinq dry periods. their location or condition may cause loss. damaqe. or iniury to persons or
property by reason of fire. For example. brush on undeveloped lots averaqinq over three (3) feet tall
within thirty (30) feet of an existinq structure and pine on undeveloped lots within thirty (30) feet of an
existinq structure spaced in such a way that the averaqe crown closure is more than seventy-five
percent (75%) are considered fire hazards.
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 brush exceedinq twelve (12)
inches in heiqht. However. nothinq in this Subsection shall be construed to require natural areas
located within larqer improved lots to be cut to a heiqht less than twelve (12) inches within such
natural areas. Unimproved vacant parcels adiacent 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
twentv (20) feet of their parcel that is adioininq an improved parcel of land free and clear of all fallen
trees. limbs and brush exceedinq thirty-six (36) inches in heiqht.
(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. qrass and brush shall be cut to a
heiqht not exceedinq twelve (12) inches. However. nothinq in this Subsection shall be construed to
require natural areas located within larqer improved lots to be cut to a heiqht less than twelve (12)
inches within such natural areas.
(c) Maintenance of unimproved residential lots. Unimproved vacant parcels adiacent to improved
parcels will be inspected by the City Fire Department and/or Code Compliance 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 twenty
(20) feet of their parcel/lot that is adioininq an improved lot free and clear of all fallen trees and limbs.
and all weeds. qrass and brush therein shall be cut to a heiqht not exceedinq thirty-six (36) inches
within such area.
20
(d) Maintenance of riqht of ways and abuttinq 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 qrass 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
pleasinq appearance in those areas of the riqht of way abuUino their properties. It shall also be the
duty of every owner of real property to properly dispose of said trimminos. Riqht of ways abuUino
improved residential or commercial lots shall be maintained as provided in Subsections (a) and (b).
Rioht of ways abuUino unimproved residential lots shall be maintained as provided in Subsection (c)
of this Section 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 oraded portion
of the public street adiacent thereto and includes that area between a sidewalk and street.
(e) Garbaae. 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 oarbaqe. waste.
trash. debris and iunk.
(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 pertainino to environmental preservation. tree removal.
chanqe of orade. 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 oovern.
Sec. 10 92. 10-99. Excessive growth prohibited.
No person shall permit weeds. orass. brush or other similar plant life to qrow to a heiqht exceedino 12
inches on any property within the City which has been mowed. cleared or altered from its oriqinal
natural state.
(Ord. No. 99-0-14, Pt. A, 5-3-99)
Sees. 10-100.-10-105. Reserved
ARTICLE VII
RUBBISH AND GARBAGE
Sec. 10-106. Accumulation of Rubbish or GarbaQe
(a) All exterior property and premises. and the interior of every structure. shall be free from any
accumulation of debris. newspapers. rubbish. iunk. trash. cans. paper. tires. furniture. buildino
materials or appliances.
21
(b) It shall be the duty of any person owninq or controllinq a house or other buildinq or premises to
remove any uncontained rubbish or qarbaqe on both the subiect parcel and the adiacent riqht-of-way,
(c) Yard waste (pine needles. leaves, etc.) is to be properly contained before placement at the riqht-
of-way. Tree cuttinqs too larqe to contain shall be placed at the riqht-of-way in piles no larqer than
4'x4'x4' (4 feet hiqh. 4 feet deep, 4 feet wide) total.
(d) Tree removal on any lot shall be the responsibility of the owner or contractinq tree removal
company.
Sec. 10-107. Disposal of Rubbish and GarbaQe
(a) Every occupant of a structure shall dispose of all rubbish or qarbaqe in a clean and sanitary
manner by placinq 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 riqht-of-way on scheduled pick up days.
(c) Containers may be placed in the adiacent street riqht-of-way the eveninq before the scheduled
pick up service and shall be removed no later than 11 :00 p.m. on the day of scheduled pick UP
service.
Sec. 10-108. Approved Containers
Approved containers shall be leakproof and have close-fittinq lids that deter animals from accessinq
the containers.
Sec. 10-109. BurninQ or BurvinQ GarbaQe, Other Refuse
No qarbaqe, trash, brush. natural cover or other refuse shall be burned and no qarbaqe shall be
buried within the City.
Sees. 10-110.-10-111. Reserved.
ARTICLE VIII VEHICLES
Sec. 10-112. Scope
The purpose of this Article is to establish criteria for the identification and requlation of inoperable,
abandoned and/or wrecked vehicles located in areas desiqnated for residential use and to establish
parkinq standards in residential areas.
22
Sec. 10-113. Inoperable. Abandoned. and/or Wrecked Vehicles.
(a) A vehicle shall be determined or defined as inoperable. abandoned. and/or wrecked by Code
Compliance officials should any of the followinq 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 subiect vehicle.
(2) The vehicle causes violations of Federal. State or Local environmental requlations by
leakinq non-contained hazardous fluids. such as oil. fuel. qear qrease. hydraulic fluid.
ethylene-qlycol or anti-freeze coolant additives and any other requlated chemicals which
pose a threat to public health. safety or welfare by enterinq the qroundwater supply or
siqnificantly runninq off the vehicle onto the surroundinq area. creatinq
danqerous/hazardous conditions for passinq motorists or persons.
(3) The vehicle is associated with discarded items accumulatinq in. on or
around its immediate area. causinq vehicle to meet criteria for "nuisance".
(4) A vehicle that is stored with open hood. doors. hatches and compartments exposed to
the qeneral public or neiqhborinq properties for any period exceedinq twenty-four (24)
hours.
(5) A vehicle visible to the qeneral public or neiqhborinq properties. which Code
Compliance officials 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 assiqned reqistration that is appropriately
displayed or a current vehicle restoration permit.
(7) The vehicle is wrecked. meaninq 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. enqine. 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.
(c) Vehicles parked in locations other than driveways or other desiqnated parkinq areas are
prohibited.
Sec. 10-114. Same- Restoration & Permits - For Residential Properties
(a) Any person seekinq to openly restore a vehicle on property desiqnated for residential use shall
obtain a vehicle restoration permit issued by the Code Compliance officials. The vehicle restoration
permit shall be posted conspicuouslv at the residence durinq the period of restoration.
(b) The application for a vehicle restoration permit shall include the followinq:
(1 ) Current photoqraph of the vehicle;
(2) Description of restoration plan(s) includinq a schedule:
(3) Vehicle identification number:
(4) Fees paid as determined by Resolution.
(c) A vehicle restoration permit authorizes the followinq:
23
(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 neiqhborinq properties;
(2) A vehicle beinq restored shall be stored in an area hidden from view bv stockade
fencinq, chain link fencinq with slattinq, masonry wall. custom car cover or stored inside a
qaraqe.
(d) The term of the permit shall be one (1) year. Additional renewals will be available provided that
restoration proqress is consistent.
(e) Vehicles beinq restored shall be owned bv the occupant of the property.
(f) A donor vehicle stored on property to supplv parts for the permitted restoration vehicle shall
complv with all of the above.
Sec. 1 0-115. Parkin~ in Residential Areas.
No more than two (2) operable motor vehicles shall be parked in the area immediatelv adiacent to the
driveway of a residence.
Sees. 10-116-10-119. Reserved.
ARTICLE IX
Watercraft. Watercraft Trailers. Motor Homes. Trailers. Recreational Vehicle Trailers and
Campers
Sec. 10-120. Scope
The purpose of this Article is to establish criteria for the parkinq and storaqe of non-commercial
watercraft, watercraft trailers, motor homes. trailers, recreational vehicle trailers and campers on
property desiqnated for residential areas.
Sec. 10-121. Same- Stora~e/Parkin~
(a) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers
stored on property desiqnated for residential use shall have a current and valid license taq, except
any boat or trailer out of view of the qeneral public or neiqhborinq properties shall not be required to
have a valid license taq.
(b) Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers
stored on property desiqnated for residential use shall be maintained in an operable condition.
Repairs shall not exceed three (3) months.
(c) Watercraft, watercraft trailers. motor homes, trailers, recreational vehicle trailers and campers
may be parked or stored in a driveway, immediatelv parallel to the driveway, alonqside the house or
in the backyard subiect to the followinq conditions:
24
(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.
(2) Watercraft must be stored on operable trailers.
(d) Boat motors of watercraft parked or stored on property desiqnated for residential use shall not be
operated before 7 a.m. or after 10 p.m.
(e) Watercraft. watercraft trailers. motor homes. trailers. recreational vehicle trailers and campers
stored on property desiqnated for residential use shall not be used as a dwellinq nor shall waste
materials be permitted to discharqe.
(f) Watercraft. watercraft trailers. motor homes. trailers. recreational vehicle trailers and campers
stored on property desiqnated for residential use shall meet reasonable standards of appearance and
maintenance as follows:
(1 ) The qround beneath the watercraft. watercraft trailers. motor homes. trailers.
recreational vehicle trailers and campers shall be kept free of debris. includinq weeds and
qrass in excess of twelve inches (12").
(2) Watercraft trailers. motor homes. trailers. recreational vehicle trailers and camper tires
shall be inflated to tire specifications.
(3) The watercraft. watercraft trailer. motor home. trailer. recreational vehicle trailer and
camper shall be kept clean and not be allowed to become a nuisance that can be
detected beyond the owners property line.
(4) Onlv routine repairs and maintenance may be performed on watercraft. watercraft
trailers. motor homes. trailers. recreational vehicle trailers and campers parked in front of
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 bv the resident adiacent 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 durinq an emerqencv or
natural disaster. The vehicles may be used for residential purposes onlv after application for buildinq
permit(s) for repair after a natural disaster and until the restoration of water. sewer and electrical
services. If the buildinq is uninhabitable. as determined bv the Buildinq Official. an additional six (6)
months from utilitv restoration may be permitted at the discretion of the City Manaqer.
(h) Visitors may reside in their motor homes on property desiqnated for residential use for a maximum
of a two (2) week period with a permit. Waste materials shall not be permitted to discharqe. A visitor
residinq in a motor home shall be permitted no more than twice in a six-month period. These permits
shall be issued bv the City Clerk's office and prominentlv displayed so as to be visible from the street.
(i) A limit of one (1) vehicle (watercraft. watercraft trailer. motor home. trailer. recreational vehicle
trailer or camper) per 4.000 Sq. ft. of lot area shall be allowed to be parked in the front setback and/or
side yard. Additional vehicles may be parked in those areas for no lonqer than two (2) weeks.
Sees. 10-122-10-125 Reserved.
25
ARTICLE X INSPECTIONS
Sec. 1 0-126 Existin~ buildin~ inspections.
Before issuinq a permit. the buildinq official may examine or cause to be examined any buildinQ,
electrical. Qas, mechanical or plumbinq systems for which an application has been received for a
permit to enlarQe, alter, repair, move, demolish, install or chanqe the occupancy. He or she shall
inspect all buildinqs, structures, electrical, qas, mechanical and plumbinQ systems, from time to time,
durinq and upon completion of the work for which a permit was issued. He or she shall make a record
of every such examination and inspection and of all violations of the technical codes.
Sec. 10-127. Manufacturers and fabricators.
When deemed necessary by the buildinQ official. he or she shall make or cause to be made, an
inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be
made of every such examination and inspection and of all violations of the technical codes.
Sec. 10-128. Inspection service.
The buildinQ 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 recoqnized inspection
services, provided that after investiQation 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 buildinQ code inspector or the architect or enQineer performinQ buildinQ code
inspections in a manner specified by the buildinQ official. The buildinQ official shall ensure that all
persons makinQ such inspections are certified in accordance to F.S. ch. 468.
Sec. 10-129. After Hours Inspections.
The term after hours shall mean that time after ~ 4:30 p.m. and prior to 8:00 a.m. weekdays. In
the event that a permitted construction proiect 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 followinQ must be met:
-requests must be made before noon on the day precedinq the day the inspection is
needed: and
-requests for weekend or holiday inspections must be submitted one week in advance.
Sec. 10-130. Site Debris.
All contractors are responsible for assurinQ that the work sites and the adiacent streets are not littered
durinq construction period. This obliQation 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 beinQ spread by any means. Construction iob sites must be kept
clean, such that accumulation of construction debris must not remain on the property for a period
exceedinQ fourteen days. The contractor and/or owner of any active or inactive construction proiect
shall be responsible for the clean up and removal of all construction debris or any other
miscellaneous discarded Articles prior to receivinq a final inspection approval. All waste removal
26
receptacles must be City approved. Streets must remain passable and not obstructed bY vehicles or
associated machinery or equipment utilized for the buildinQ process.
Sec.10-131.Tentpermi~.
(a) Reauired. No tent shall be erected within the City until a permit has been obtained from the
buildinq division and the fire department.
(1) Tents/canopies meetinq all of the followinQ requirements are exempt from permittinq:
throuqh the buildinq division
a. Is 400 square feet or less:
b. Does not have attachable sides:
c. Does not have provisions for electricity:
d. Is not utilized for a place of assembly for more than 50 people; and
e. Does not provide for the sale of hazardous materials.
(2) All tents/canopies require a permit from the fire department:
(b) Application. An application for a tent permit shall include the followinq:
(1) Letter from the property owner. authorizinq 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 subiect to the followinq conditions:
(1) Inspection shall be requested by the permittee when the qrounds are prepared by
cuttinq qrass. removinq 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 buildinQ department and fire prevention inspector shall be
requested by the permittee when the tent is erected. sanitary facilities are provided and
seats and fire extinQuishers 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 lonqer than 28 days unless authorized
bv the Development Services Director or his desiqnee. No permit shall be issued for the
same site within a period of 180 days followinq expiration of a tent permit.
(6) Adequate parkinQ shall be provided.
Sees. 10-132.-10-135. Reserved
ARTICLE XI UNSAFE OR UNSANITARY BUILDINGS
Sec. 10-136. Authority to condemn.
The City Council is authorized to condemn and order to be demolished and removed. or to be put in a
sound state of repair. any and all buildinqs and structures within the City found to be in a dilapidated.
unsanitary. unsafe or uninhabitable condition. Additionally. City officials. as desiQnated herein in
emerqencv circumstances. are authorized to demolish and remove or to be put in a sound state of
repair, any and all buildinqs and structures within the City found to be in a dilapidated. unsanitary.
27
unsafe or uninhabitable condition as set forth in the City's codes and ordinances adopted from the
Unsafe Buildinq and Abatement Code. 1985 Edition.
Sec. 10-137. Periodic inspection of buildin~s: notice of condemnation: hearin~.
(a) The buildinq official. the fire chief. the code official or their desiqnees. are authorized to
periodically inspect buildinqs and structures within the City and if such official finds any buildinq or
structure to be in a dilapidated. unsanitary. unsafe or uninhabitable condition. shall report such fact in
writinq to the City Manaqer. specifvinq in detail the condition of the buildinq or structure. The City
shall thereupon determine whether or not a public hearinq shall be held to condemn such buildinq or
structure. If the City Manaqer determines such hearinq will be held. he or she shall cause to be
placed upon such buildinq or structure a notice of condemnation and simultaneously therewith direct
to be delivered to the owner or owners or anyone owner. as outlined in Section 10-349 "Notices".
that the buildinq 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 hearinq will be held before the Construction Board of Adiustment
and Appeals (CBAA) at a stated time and at a stated place. and that at such time and place a full
determination will be made by the CBAA as to the condition of the buildinq or structure.
(b) The property owner and the City Manaqer. or desiqnee. at the hearinq. shall be heard and be
permitted to present such relevant evidence as they desire. The CBAA may accept evidence from
the qeneral public as deemed appropriate for the particular case.
Sec. 10-138. Uninhabitable. dilapidated. unsafe or unsanitary buildinQs or structures.
(a) A buildinq or structure shall be uninhabitable. dilapidated. unsafe or unsanitary when:
(1) An order has been issued by the City under its codes or ordinances findinq that a
public nuisance exists and
(2) It is found to have one or more of the followinq characteristics:
a. It is vacant. unquarded 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 eqress and
fire protection as provided for the particular occupancy:
d. There is a fallinq away. hanqinq loose or looseninq of any sidinq. block. brick or
other buildinq material:
e. There is deterioration of the structure or structural parts:
f. The structure is partially destroyed:
q. There is an unusual saqqinq or leaninq out of plumb of the structure or any parts
of the structure and such effect is caused by deterioration or over-stressinq;
h. The electrical or mechanical installations or systems create a hazardous
condition: or
i. An unsanitary condition exists by reason of inadequate or malfunctioninq
sanitary facilities or waste disposal systems;
(3) It is found to have one or more of the characteristics in Section 10-138. (a). (2) a - i
and an order has been issued by the CBAA sittinq as the City's public nuisance
abatement board declarinq the subiect property to be a public nuisance.
28
(b) A buildinq or structure found to be uninhabitable. dilapidated. unsafe or unsanitary as provided in
this Section shall be subiect to demolition.
(c) The City may sell any material salvaqed from any demolished buildinq or structure and any other
property contained therein or thereupon and credit the proceeds aqainst the cost of demolition or
removal or where an independent contractor is employed to demolish or remove any such buildinq or
structure. to convey such material or property to the contractor as compensation or partial
compensation for such demolition or removal. Should the proceeds from the disposition of such
materials or property exceed the cost of such demolition or removal. such excess shall be used.
applied or paid over in accordance with the written directions of the parties entitled thereto.
(d) The City Council is authorized to appropriate and expend such funds as may be necessary to
carry out the provision of this Article. Nothinq contained herein shall require the City Council to
appropriate or expend any funds to carry out the purpose of this Article. The authority qranted herein
is permissive and shall not be construed to impose an obliqation on the Buildinq Official or the City to
condemn any buildinq or structure.
(e) Nothinq herein precludes exercise of emerqency 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 relatinq to condemninq of buildinqs and structures but the provisions herein shall be
supplemental and in addition to the powers that may be exercised by the City throuqh its City Council
or its officers and employees.
Sec.10-139. Order of condemnation; repair or removal.
If the CBAA determines upon hearinq as provided in Section 10-346 that such buildinq or structure
should be condemned. such fact shall be stated in writinq to the property owner includinq reasonable
specifications as to the deficiencies iustifyinq such condemnation and the property owner shall be
qiven a reasonable time. accordinq to the size. condition and location of such buildinq or structure. in
which to cause the buildinq or structure to be demolished and removed. the iIIeqal 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 buildinq or
structure will be demolished and removed by the City and the cost of the same specially assessed as
a lien aqainst the land. The order of condemnation shall be delivered to the property owner or owners
or anyone owner. as outlined in Section 10-349 "Notices". The lack of a siqned returned receipt shall
not constitute a failure to notify owners or interested parties. Service shall be deemed complete upon
mailinq. 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. qrantees. mortqaqors. mortqaqees. lessees. lienors and all persons havinq.
c1aiminq or acquirinq any interest in the property described therein or affected thereby. No
condemned buildinq or structure statinq that the same is condemned shall be occupied or used for
any purpose durinq the period of time the same is condemned.
29
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 10-347, the property owner fails to demolish and remove or repair such condemned
buildina or structure and has not shown cause before the City Council which iustifies an extension of
time, the City Council shall forthwith order such buildina or structure to be demolished or removed by
the City and the actual costs includina administrative costs of the same speciallv assessed as a
municipal special assessment lien upon the land. The City may enforce its municipal special
assessment lien and maintain a personal action aaainst the property owner or owners at the same
time to recover such cost and any and all interest accrued thereon. In any suit bv 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. Anv lien for costs and fees incurred pursuant to Sections 10-136. throuah 10-141.
shall constitute a lien for special assessments and with the same penalties and riahts of collection,
foreclosure, sale and forfeiture as obtained for special assessment liens.
Sec. 10-141. Emergency powers
The City Manaaer. Buildinq Official. Fire Chief, or Code Official shall have the power to promptlv
cause a buildina, structure or portion thereof to be made safe or cause its removal in cases of
emeraencv which have been determined to involve imminent danaer to human life or health. For this
purpose such structure or land on which such structure stands or abuttina land or structures may be
entered bv such official with such assistance and at such cost as the official may deem necessary.
The official may order the vacation of adiacent structures and may protect the public bv appropriate
fencina or such other means as may be necessary and for this purpose may close a public or private
way. All costs incurred bv the City pursuant to this Section shall be assessed and enforced as stated
in Section 10-344 and other controllinq provisions of the City's codes and ordinances.
Secs. 10-142.-10-145. Reserved.
ARTICLE XII. APPLICABILITY
Sec. 10-146. General.
The provisions of this code shall applv to all matters affectina or relatinq 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 aovern.
Sec. 10-147. Maintenance.
Equipment. systems, devices and safeauards required bv this code or a previous requlation or code
under which the structure or premises was constructed, altered or repaired shall be maintained in
aood workina order. No owner, operator or occupant shall cause any service. facilitv, equipment or
utilitv which is required under this Section to be removed from or shut off from or discontinued for any
occupied dwellina, except for such temporary interruption as necessary while repairs or alterations
are in proaress. The requirements of this code are not intended to provide the basis for removal or
abroqation of fire protection and safety systems and devices in existina structures. Except as
30
otherwise specified herein, the owner or the owner's desiqnated aqent shall be responsible for the
maintenance of buildinqs, structures and premises.
Sec. 10-148. Application of other codes.
Repairs, additions or alterations to a structure or chanqes of occupancy. shall be done in accordance
with the procedures and provisions of the Florida Buildinq Code. Nothinq in this code shall be
construed to conflict with any provision of the Florida Buildinq Code.
Sec. 10-149. Existin~ remedies.
The provisions in this code shall not be construed to abolish or impair existinq remedies of the City or
its officers or aqencies relatinq to the removal or demolition of any structure, which is danqerous,
unsafe and unsanitary.
Sec. 10-150. Workmanship.
Repairs, maintenance work. alterations or installations which are caused directly or indirectly by the
enforcement of this code shall be executed and installed in a workmanlike manner and installed in
accordance with the manufacturer's installation instructions.
Sec. 10-151. Historic buildin~s.
The provisions of this code shall not be mandatory for existinq buildinqs or structures desiqnated as
historic buildinqs when such buildinqs or structures are iudqed by the code official to be safe and in
the public interest of health, safety and welfare.
Sec. 10-152. Referenced codes and standards.
The codes and standards referenced in this code shall be those that are listed in Florida Buildinq
Code requirements of this code to the prescribed extent of each such reference. Where differences
occur between provisions of this code and the referenced standards, the provisions of this code shall
apply.
Sec. 10-153. Requirements not covered by code.
Requirements necessary for the strenqth, stability or proper operation of an existinq fixture, structure
or equipment. or for the public safety, health and qeneral welfare. not specificallv covered by this
code. shall be determined by the code official.
Sees. 10-154.-10-157 Reserved.
31
ARTICLE XIII
DUTIES AND POWERS OF THE CODE OFFICIAL
Sec. 10-158. General.
The code official shall enforce the provisions of this code.
Sec. 10-159. Rule making Authority.
The City Manaqer shall have authority as necessary in the interest of public health. safety and
qeneral welfare. to 3dopt ~nd promulqate 'rules 3nd 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 desiqnate requirements applicable because of local climatic or other conditions.
Such rules 3nd interpretations shall not have the effect of waivinq structural or fire performance
requirements specifically provided for in this code or of violatinq accepted enqineerinq methods
involvinq public safety.
Sec. 10-160. Inspections.
The code official shall make all of the required inspections or shall accept reports of inspection by
approved aqencies or individuals. All reports of such inspections shall be in writinq and be certified by
a responsible officer of such approved aqency or by the responsible individual. The code official is
authorized to enqaqe such expert opinion as deemed necessary to report upon unusual technical
issues that arise. subiect to the approval of the City Manaqer.
Sec. 10-161. Right of entry.
The code officials are authorized to enter the structure or premises at reasonable times to inspect
subiect to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not
obtained. the code officials are authorized to seek the City Attorney to take actions to pursue
recourse as provided by law.
Sec. 10-162. Identification.
The code officials shall carry proper identification when inspectinq structures or premises in the
performance of duties under this code.
Sec. 10-163. Notices and orders.
The code officials shall issue all necessary notices or orders to ensure compliance with this code.
Sec. 10-164. Department records.
The code officials shall keep official records of all business and activities of the department specified
in the provisions of this code. Such records shall be retained in the official records as lonq as the
buildinq or structure to which such records relate remains in existence. unless otherwise provided for
by other requlations.
Sees. 10-165.-10-167. Reserved
32
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.
Sec. 10-169. Unsafe structures.
An unsafe structure is one that is found to be danqerous to the life. health. property or safety of the
public or the occupants of the structure by not providinq minimum safequards to protect or warn occu-
pants in the event of fire or because such structure contains unsafe equipment or is so damaqed.
decayed. dilapidated. structurally unsafe or of such faulty construction or unstable foundation. that
partial or complete collapse is possible.
Sec. 10-170. Unsafe equipment.
Unsafe equipment includes any boiler. heatinq equipment. elevator. movinq stairway. electrical wirinq
or device. flammable liquid containers or other equipment on the premises or within the structure
which is in such disrepair or condition that such equipment is a hazard to life. health. property or
safety of the public or occupants of the premises or structure.
Sec. 10-171. Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is
unsafe. unlawful or. because of the deqree 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 heatinq facilities or other essential equipment required by this code. or because the
location of the structure constitutes a hazard to the occupants of the structure or to the public.
Sec. 10-172. Unlawful structure.
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted
under this code or was erected. altered or occupied contrary to law.
Sec. 10-173. Prohibited occupancy.
Any occupied structure condemned and placarded by the code official shall be vacated as ordered by
the code official. It is prohibited and unlawful for any person to OCCUpy a placarded premises or to
operate placarded equipment.
Sec. 10-174. Vacant or uninhabited structures.
Damaqed openinqs such as doors. windows or other apertures or holes in the buildinq envelope shall
be allowed to be temporarily protected for a period of time not to exceed 90 days. Materials used to
33
protect or cover the openinq can be any material approved for use by the then current edition of the
Florida Buildinq Code. If usinq wood structural panels. Oriented Strand Board (OSB). plvwood or any
other natural wood product. the material used to enclose the buildinq must be neatly fitted to protect
the openinq and shall be painted to blend in or match the rest of the buildinq.
Sec. 10-175. Occupied or inhabited structures.
Damaqed openinqs such as doors. windows or other apertures or holes in the buildinq envelope shall
be allowed to be temporarily protected. but repairs or replacement of the damaqed doors. windows or
other apertures must take place within 90 days. Materials used to temporarily protect. cover or
replace the openinq can be any material approved for use by the then current edition of the Florida
Buildinq Code.
Sec. 10-176. ExistinQ OpeninQ Protective.
Any openinq protective in place on the adoption date of this Chapter shall be removed within 90 days
of the enactment of this Chapter.
Sees. 10-177.-10-178. Reserved
ARTICLE XV
EMERGENCY MEASURES
Sec. 10-179. Imminent danQer.
When. in the opinion of the code official. there is imminent danqer of failure or collapse of a buildinq
or structure which endanqers life. or when any structure or part of a structure has fallen and life is
endanqered by the occupation of the structure. or when there is actual or potential danqer to the
buildinq occupants or those in the proximity of any structure because of explosives. explosive fumes
or vapors or the presence of toxic fumes. qases or materials. or operation of defective or danqerous
equipment. the code official is hereby authorized and empowered to order and require the occupants
to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such
structure a notice readinq as follows: "This Structure Is Unsafe and Its Occupancy Has Been
Prohibited bv the Code Official." It shall be unlawful for anv person to enter such structure except for
the purpose of securinq the structure. makinq the required repairs. removinq the hazardous condition
or of demolishinq the same.
Sec. 10-180. Temporary safeQuards.
Notwithstandinq other provisions of this code. whenever. in the opinion of the code official. there is
imminent danqer due to an unsafe condition. the code official shall request the City Manaqer to order
the necessary work to be done. includinq the boardinq up of openinqs. to render such structure
temporarily safe whether or not the leqal procedure herein described has been instituted: and shall
cause such other action to be taken as the code official deems necessary to meet such emerqency.
34
Sec. 10-181. Closin~ streets.
When necessary for public safety. the code official shall temporarily close structures and close or
order the authority havinQ iurisdiction to close. sidewalks. streets. public ways and places adiacent to
unsafe structures. and prohibit the same from beinQ utilized.
Sec. 10-182. Emergency repairs.
For the purposes of this Section. the code official shall request the City Manaqer to authorize the
necessary labor and materials to perform the required work as expeditiously as possible.
Sec. 10-183. Costs of emergency repairs.
Costs incurred in the performance of emerqency work shall be paid by the owner of the property
causinQ such costs to the City. Upon failure to pay the City. the City shall record a municipal special
assessment lien upon the property.
Sec. 10-184. Hearing.
Any person ordered to take emerqency measures shall comply with such order forthwith. Any
affected person shall thereafter and upon petition directed to the City ManaQer. be afforded a hearinq
consistent with controllinq law.
Sees. 10-185.-10-189. Reserved
ARTICLE XVI
MAINTENANCE OF STRUCTURES, EQUIPMENT AND EXTERIOR PROPERTY
Sec. 10-190. Scope.
Unless otherwise expressly stated. the followinq terms shall. for the purposes of this code. have the
meaninQs shown in this Article. The provisions of this Article shall Qovern the minimum conditions and
the responsibilities of persons for maintenance of structures. equipment and exterior property.
Sec. 1 0-191. Interchangeability.
Words stated in the present tense include the future: words stated in the masculine Qender
include the feminine and neuter: the sinQular number includes the plural and the plural. the sinqular.
Sec. 10-193. Terms defined in other codes.
Where terms are not defined in this code and are defined in the Florida Buildina Code or the City's
codes and ordinances, such terms shall have the meaninqs ascribed to them as stated in those
codes when applicable.
Sec. 10-194. Terms not defined.
Where terms are not defined throuqh the methods authorized by this Section. such terms shall have
ordinarily accepted meaninqs such as the context implies.
35
Sec. 10-195. Parts.
Whenever the words "dwellinq unit." "dwellinq," "efficiencv unit." "premises." "buildinq." "roominq
house," "roominq unit" "housekeepinq unit" or "stOry" are stated in this code, they shall be construed
as thouqh they were followed bv the words "or any part thereof."
Sec.10-196. Definitions
Approved. Approved bv the code official.
Basement. That portion of a buildinq which is partlv or completelv below qrade.
Bathroom. A room containinq plumbinq fixtures includinq a bathtub or shower.
Bedroom. Anv room or space used or intended to be used for sleepinq purposes in either a dwellinq
or sleepinq unit.
Code Official. The official who is charqed with the administration and enforcement of this code or any
dulv authorized representative.
Condemn. To adiudqe unfit for occupancy.
DwellinG Unit. A sinqle unit providinq complete. independent livinq facilities for one or more persons,
includinq permanent provisions for Iivinq, sleepinq, eatinq. cookinq and sanitation.
Easement. That portion of land or property reserved for present or future use bv a person or aqencv
other than the leqal fee owner(s) of the property. The easement shall be permitted to be for use
under, on or above a said lot or lots.
Efficiencv Unit. A dwellinq unit containinq onlv one (1) habitable room, sometimes referred to as a
studio apartment.
Exterior Property. The open space on the premises and on adioininq property under the control of
owners or operators of such premises.
Extermination. The control and elimination of insects. rats or other pests bv eliminatinq their
harboraqe places; bv removinq or makinq inaccessible materials that serve as their food; bv poison
spravinq, fumiqatinq, trappinq or bv any other approved pest elimination methods.
GarbaGe. The animal or veqetable waste resultinq from the handlinq. preparation, cookinq and
consumption of food.
Guard. A buildinq component or a system of buildinq components located at or near the open sides of
elevated walkinq surfaces that minimizes the possibilitv of a fall from the walkinq surface to a lower
level.
Habitable Space. Space in a structure for livinq, sleepinq, eatinq or cookinq. Bathrooms, toilet rooms,
closets, halls, storaqe or utilitv spaces and similar areas are not considered habitable spaces.
HousekeepinG Unit. A room or qroup of rooms forminq a sinqle habitable space equipped and
intended to be used for livinq, sleepinq, cookinq and eatinq which does not contain. within such a
unit. a toilet. lavatory and bathtub or shower.
36
Imminent Danaer. A condition which could cause serious or life-threatenino iniury or death at any
time.
Infestation. The presence, within or contiquous 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
includinq but not limited to beino unlicensed. wrecked, abandoned, in a state of disrepair or incapable
of beinq moved under its own power.
Labeled. Devices, equipment. appliances or materials to which has been affixed a label. seal. symbol
or other identifyino mark of a nationally recoonized testinq laboratory, inspection aoency or other
oroanization 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 recoonized standards.
Let for occupancy or let. To permit. provide or offer possession or occupancy of a dwellinq, dwellino
unit. roomino unit. buildino, premise or structure by a person who is the leoal owner of record or is
authorized by said leqal owner of record thereof, pursuant to a written or unwritten lease, aoreement
or license or pursuant to a recorded or unrecorded aoreement of contract for the sale of land.
Occupancy. The purpose for which a buildino or portion thereof is utilized or occupied.
Occupant. Any individual Iivino or sleepino in a buildinq or havino possession of a space within a
buildino.
Openable Area. That part of a window, skyliqht or door which is available for unobstructed ventilation
and which opens directly to the outdoors.
Operator. Any person who has charqe, care or control of a structure or premises which is let or
offered for occupancy.
Owner. Any person, aoent. operator, firm or corporation havinq a leqal or equitable interest in the
property; or recorded in the official records of the State, County or municipality as holdinq title to the
propertv: or otherwise havinq control of the propertv. includinq the quardian of the estate of anv such
person and the executor or administrator of the estate of such person if ordered to take possession of
real property bv a court.
Person. An individual. corporation, partnership or any other oroup actinq as a unit.
Premises. A lot. plot or parcel of land, easement or public way. includinq any structures thereon.
Public Way. Any street. alley or similar parcel of land essentially unobstructed from the oround to the
sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
Roomina House. A buildino arranoed or occupied for lodoinq, with or without meals, for compensation
and not occupied as a one- or two-family dwellino.
Roomina Unit. Any room or oroup of rooms formino a sino Ie habitable unit occupied or intended to be
occupied for sleepinq or Iivino. but not for cookino purposes.
37
Rubbish. Combustible and noncombustible waste materials, except Qarbaqe; the term shall include
the residue from the burninQ of wood, coal, coke and other combustible materials, paper, raQs,
cartons. boxes, wood. excelsior, rubber, leather. tree branches. yard trimminQs. tin cans. metals,
mineral matter, qlass. crockery and dust and other similar materials.
Sleepinq Unit. A room or space in which people sleep, which can also include permanent provisions
for IivinQ, eatinQ and either sanitation or kitchen facilities, but not both. Such rooms and spaces that
are also part of a dwellinQ unit are not sleepinQ units.
Strict Liabilitv Offense. An offense in which the prosecution in a leQal proceedinQ is not required to
prove criminal intent as a part of its case. It is enouqh to prove that the defendant either did an act
which was prohibited or failed to do an act which the defendant was leqally required to do.
Structure. That which is built or constructed or a portion thereof.
Tenant. A person, corporation, partnership or qroup, whether or not the leQal owner of record,
occupyinq a buildinq or portion thereof as a unit.
Toilet Room. A room containinq a water closet or urinal but not a bathtub or shower.
Ventilation. The natural or mechanical process of supplyinq conditioned or unconditioned air to or
removinq such air from any space.
Workmanlike. Executed in a skilled manner; e.q.. qenerally plumb, level. square, in line, undamaqed
and without marrinQ adiacent work.
Yard. An open space on the same lot with a structure.
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 dwellinq
unit. efficiency unit. roominq unit or housekeepinq unit are responsible for keepinq in a clean. sanitary
and safe condition that part of the dwellinq unit. roominq unit. housekeepinq unit or premises which
they OCCUpy and control.
Sec. 10-198. Vacant structures and land.
All vacant structures and premises thereof or vacant land shall be maintained in a clean. safe. secure
and sanitary condition as provided herein so as not to cause a bliqhtinq problem or adversely affect
the public health or safety.
Sees. 10-199.-10.201. Reserved
38
ARTICLE XVII
EXTERIOR PROPERTY AREAS
Sec. 10-202. Sanitation.
All exterior property and premises shall be maintained in a clean. safe and sanitary condition. The
occupant shall keep that part of the exterior property which such occupant occupies or controls in a
clean and sanitary condition. Nothinq in this code shall be deemed to preclude action beinq taken by
the City under the provisions of Article VI of the City Code relatinq to weeds. wild qrowth and debris
remediation by the City.
Sec. 10-203. GradinQ and drainaQe.
All premises shall be qraded and maintained to prevent the erosion of soil and to prevent the
accumulation of staqnant water thereon or within any structure located thereon. except for approved
retention areas and reservoirs.
Sec. 10-204. Sidewalks and driveways.
All sidewalks. walkways. stairs. driveways. parkinq spaces and similar areas shall be kept in a proper
state of repair and maintained free from hazardous conditions.
Sec. 10-205. Rodent harboraQe.
All structures and exterior property shall be kept free from rodent harboraqe and infestation. Where
rodents are found. they shall be promptly exterminated by approved processes which will not be
iniurious to human health. After extermination. proper precautions shall be taken to eliminate rodent
harboraqe and prevent reinfestation.
Sec. 10-206. Exhaust vents.
Pipes. ducts. conductors. fans or blowers shall not discharqe qases. steam. vapor. hot air. qrease.
smoke. odors or other qaseous or particulate wastes directly upon abuUinq or adiacent public or
private property or that of another tenant.
Sec. 10-207. Accessory structures.
All accessory structures. includinq but not limited to fences and walls. qreenhouses. qazebos. storaqe
buildinqs. storaqe shed. qaraqes. carports and the like shall be maintained structurally sound and in
qood repair.
Sec. 10-208. Vehicles.
Except as provided for in other requlations. no inoperative or unlicensed vehicle shall be parked. kept
or stored on any premises (includinq public property) and no vehicle shall at any time be in a state of
maior disassembly. disrepair or in the process of beinq stripped or dismantled. Paintinq of vehicles is
prohibited unless conducted inside an approved spray booth. Removal of iunk vehicles on public
property shall be subiect to the provisions of Chapter 17 Article IV of the City Code.
39
Exception: A vehicle of any type is permitted to underqo maior overhaul. includinq body work. on a
property owner's property if such work is performed inside a structure or similarly enclosed area
desioned and approved for such purposes.
Sec. 10-209. Defacement of property.
It is prohibited and unlawful for a person to willfully or wantonly damaoe. mutilate or deface any
exterior surface of any structure or buildino on any private or public property by placino thereon any
markino. carvino or qraffiti. to include specific murals. paintinos and wordino that is not permitted
within the Edqewater Land Development Code or consistent with the structure type. desion or
location. It shall be the responsibility of the owner to restore said surface to an approved state of
maintenance and repair.
Sees. 10-210.-10-213. Reserved
ARTICLE XVIII
SWIMMING POOLS, SPAS AND HOT TUBS
Sec. 10-214. Swimming pools.
Swimminq pools shall be maintained in a clean and sanitary condition and in oood repair.
Sec. 10-215. Enclosures.
Private swimmino pools. hot tubs and spas. containinq water more than 24 inches (610 mm) in depth
shall be completely surrounded by a fence or barrier at least 48 inches (1.219 mm) in heioht above
the finished oround level measured on the side of the barrier away from the pool. The maximum
vertical clearance between grade and the bottom of the barrier shall be 2 inches (51 mm) measured
on the side of the barrier which faces away from the pool. Gates and doors in such barriers shall be
self-closinq and self-latching. Where the self-Iatchino device is less than 54 inches (1.372 mm) above
the bottom of the oate. the release mechanism shall be located on the pool side of the oate. Self-
closing and self-Iatchino oates shall be maintained such that the oate will positivelv close and latch
when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool
enclosure shall be removed. replaced or chanqed in a manner that reduces its effectiveness as a
safety barrier.
Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt
from the provisions of this Section.
Sees. 10-216.-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.
40
Sec. 10-220. Protective treatment.
All exterior surfaces. includinq but not limited to. doors. door and window frames. cornices. porches.
trim. balconies. roofs. decks and fences shall be maintained in qood condition. Exterior wood
surfaces. other than decay-resistant woods. shall be protected from the elements and decay by
paintinq or other protective coverinq or treatment. Peelinq. f1akinq and chipped paint shall be
eliminated and surfaces repainted. All sidinq and masonry ioints as well as those between the
buildinq envelope and the perimeter of windows. doors. and skyliohts shall be maintained weather
resistant and water tiqht. All metal surfaces subiect 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 desiqned for stabilization by oxidation are exempt from this requirement.
Sec. 10-221. Structural members.
All structural members shall be maintained free from deterioration and shall be capable of safely
supportino the imposed dead and live loads.
Sec. 10-222. Foundation walls.
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be
kept in such condition so as to prevent the entry of rodents and other pests.
Sec. 10-223. Exterior walls.
All exterior walls shall be free from holes. breaks and loose or rottinq materials: and maintained
weatherproof and properly surface coated where required to prevent deterioration.
Sec. 10-224. Roofs and drainaQe.
The roof and flashinq shall be sound. tiqht and not have defects that admit rain. Roof drainaoe shall
be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof
drains. outters and downspouts shall be maintained in oood repair and free from obstructions. Roof
water shall not be discharoed in a manner that creates a public nuisance.
Sec. 10-225. Decorative features.
All cornices. belt courses. corbels. terra cotta trim. wall facinos and similar decorative features shall
be maintained in qood repair with proper anchoraoe and in a safe condition.
Sec. 10-226. OverhanQ extensions.
All overhano extensions includinq. but not limited to canopies. marquees. sions. metal awninqs. fire
escapes. standpipes and exhaust ducts shall be maintained in qood 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 aqainst decay or rust by periodic application of weather-coatinq
materials. such as paint or similar surface treatment.
41
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 qood repair, with proper anchoraqe and capable of supportinq the
imposed loads.
Sec. 10-228. Chimneys and towers.
All chimneys, coolinq towers. smoke stacks and similar appurtenances shall be maintained
structurally safe and sound and in qood repair. All exposed surfaces of metal or wood shall be
protected from the elements and aqainst decay or rust by periodic application of weather-coatinq
materials, such as paint or similar surface treatment.
Sec. 10-229. Handrails and guards.
Every handrail and quard shall be firmly fastened and capable of supportinq normally imposed loads
and shall be maintained in qood condition.
Sec. 10-230 Window. skylight and door frames.
Every window, skyliqht, door and frame shall be kept in sound condition, qood repair and weather
tiqht.
Sec. 10-231. Glazing.
All qlazinq materials shall be maintained free from cracks and holes.
Sec. 10-232. Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of beinq held in
position by window hardware.
Sec. 10-233. Insect screens.
Every door. window and other outside openinq required for ventilation of habitable rooms, food
preparation areas. food service areas or anv areas where products to be included or utilized in food
for human consumption are processed. manufactured, packaqed or stored shall be supplied with
approved tiqhtlv fittinq 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-c1osinq device in qood workinq condition.
Exceotion: Screens shall not be required where other approved means, such as air curtains or insect
repellent fans, are emploved.
Sec. 10-234. Doors.
All exterior doors, door assemblies and hardware shall be maintained in qood condition. Doors
providinq access to a dwellinq unit, efficiency unit, roominq unit or housekeepinq unit that is rented.
leased or let shall be equipped with a lock desiqned to be readily openable from the side from which
eqress is to be made without the need for kevs. Such locks shall be installed accordinq to the man-
ufacturer's specifications. maintained in qood workinq order and shall tiqhtly secure the door.
42
Sec. 10-235. Basement hatchways.
Every basement hatchway shall be maintained to prevent the entrance of rodents. rain and surface
drainaqe water. Basement hatchways that provide access to a dwellinq unit. efficiency unit. roominq
unit or housekeepinq unit that is rented. leased or let shall be equipped with devices that secure the
units from unauthorized entry.
Sec. 10-236. Guards for basement windows.
Every basement window that is open able shall be supplied with rodent shields. storm windows or
other approved protection aqainst the entry of rodents.
Sec. 10-237. Building security.
Doors. windows or hatchways for dwellinq units. efficiency units. roominq units or housekeepinq units
shall be provided with devices desiqned to provide security for the occupants and property within.
Sec. 10-238. Windows.
Windows manufactured to be operable must remain operable. Windows required for emerqency
eqress shall be operable and located in whole or in part of the structure. dwellinq unit. efficiency unit.
roominq unit or housekeepinq unit that is rented. leased or let shall be equipped with a window sash
lockinq device.
Sec. 10-239. Temporary Storm Protection
Openinqs such as doors. windows or other apertures may be temporarily protected up to 14 days
prior to the proiected 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
openinq can be any material approved for use by the then current edition of the Florida Buildinq
Code.
Sees. 10-240.-10-245. Reserved.
ARTICLE XX
INTERIOR STRUCTURE
Sec. 10-246. General.
The interior of a structure and equipment therein shall be maintained in qood 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 containinq a roominq house.
housekeepinq units. a hotel. a dormitory. two or more dwellinq units or two or more nonresidential
occupancies. shall maintain. in a clean and sanitary condition. the shared or public areas of the
structure and exterior property.
43
Sec. 10-247. Structural members.
All structural members shall be maintained structurally sound and be capable of supportinq the
imposed loads.
Sec. 10-248. Interior surfaces.
All interior surfaces. includinq windows and doors. shall be maintained in qood. clean and sanitary
condition. Peelinq, chippinq. flakinq or abraded paint shall be repaired. removed or covered. Cracked
or loose plaster. decayed wood and other defective surface conditions shall be corrected.
Sec. 10-249. Stairs and walkinQ surfaces.
Every stair. ramp. landinq. balcony. porch. deck or other walkinq surface shall be maintained in sound
condition and qood repair.
Sec. 10-250. Handrails and Quards.
Every handrail and quard shall be firmly fastened and capable of supportinq normally imposed loads
and shall be maintained in qood condition.
Sec. 10-251. Interior doors.
Every interior door shall fit reasonably well within its frame and shall be capable of beinq opened and
closed by beinq properly and securely attached to iambs, headers or tracks as intended by the
manufacturer of the attachment hardware.
Sees. 10-252.-10-255. Reserved
ARTICLE XXI
EXTERMINATION
Sec. 10-256. Infestation.
All structures shall be kept free from insect and rodent infestation. All structures in which insects or
rodents are found shall be promptly exterminated by approved processes that will not be iniurious to
human health. After extermination, proper precautions shall be taken to prevent reinfestation.
Sec. 10-257. Owner.
The owner of any structure shall be responsible for extermination within the structure.
Sees. 10-258.-10-260. Reserved
44
ARTICLE XXII
LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
Sec. 10-261. Scope.
The provisions of this Article shall qovern the minimum conditions and standards for liqht. ventilation
and space for occupyinq a structure.
Sec. 10-262. Responsibility.
The owner of the structure shall provide and maintain liqht. ventilation and space conditions in
compliance with these requirements. A person shall not OCCUpy as owner-occupant or permit another
person to OCCUPY. any premises that do not comply with the requirements of this Article.
Sec. 10-263. Alternative devices.
In lieu of the means for natural liqht and ventilation herein prescribed. artificial liqht or mechanical
ventilation complyinq with the Florida Buildina Code shall be permitted.
Sec. 10-264. Habitable spaces (Liaht).
Every sleepinq space shall have at least one window of approved size facinq directly to the outdoors
or to a court. The minimum total qlazed area for every habitable space shall be 8 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 3 feet (914 mm) from the window and extend to a level above
that of the ceilinq 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 contributinq to the required minimum total window area for the
room.
Exception: Where natural Iiqht for rooms or spaces without exterior qlazinq areas is provided throuqh
an adioininq room. the unobstructed openinq to the adioininq room shall be at least 8 percent of the
floor area of the interior room or space. but not less than 25 square feet (2.33 square meters). The
exterior qlazinq area shall be based on the total floor area beinq served.
Sec. 10-265. Common halls and stairways.
Every common hall and stairway in residential occupancies. other than in one-and two-familv
dwellinqs. shall be Iiqhted at all times with at least a 60 watt standard incandescent Iiqht bulb for each
200 square feet (19 square meters) of floor area or equivalent illumination. provided that the spacinq
between Iiqhts shall not be qreater than 30 feet (9.144 mm). In other than residential occupancies.
means of eqress. includinq exterior means of eqress. includinq but not limited to stairways. shall be
illuminated at all times within the buildinq space served by the means of eqress is occupied with a
minimum of 1 footcandle (11 lux) at floors. landinqs and treads.
Sec. 10-266. Other spaces.
All other spaces shall be provided with natural or artificialliqht sufficient to permit the maintenance of
sanitary conditions and the safe occupancy of the space; and utilization of the appliances. equipment
and fixtures.
45
Sec. 10-267. Habitable spaces (Ventilation).
Every habitable space shall have at least one openable window. The total openable area of the win-
dow in every room shall be equal to at least 45 percent of the minimum qlazed area required in
Section 10-264.
Exception: Where rooms and spaces without openinqs to the outdoors are ventilated throuqh an
adioininq room. the unobstructed openinq to the adioininq room shall be at least 8 percent of the floor
area of the interior room or space, but not less than 25 square feet (2.33 square meters ). The
ventilation openinqs to the outdoors shall be based on a total floor area beinq ventilated.
Sec. 10-268. Bathrooms and toilet rooms.
Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as
required by Section 10-267, except that a window shall not be required in such spaces equipped with
a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom
or toilet room shall discharqe to the outdoors and shall not be recirculated.
Sec. 10-269. Cookinq facilities.
Unless approved throuqh the certificate of occupancy, cookinq shall not be permitted in any roominq
unit or dormitory unit and a cookinq facility or appliance shall not be permitted to be present in the
roominq unit or dormitory unit.
Exceptions:
1. Where specifically approved in writinq by the code official.
2. Devices such as coffee pots and microwave ovens shall not be considered cookinq
appliances.
Sec. 10-270. Process ventilation.
Where iniurious, toxic, irritatinq or noxious fumes, qases. dusts or mists are qenerated. a local
exhaust ventilation system shall be provided to remove the contaminatinq aqent at the source. Air
shall be exhausted to the exterior and not be recirculated to any space.
Sec. 10-271. Clothes dryer exhaust.
Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in
accordance with the manufacturer's instructions.
Sec. 10-272. Privacy.
Dwellinq units, hotel units. housekeepinq units. roominq units and dormitory units shall be arranqed to
provide privacy and be separate from other adioininq spaces.
Sec. 10-273. Minimum room widths.
A habitable room, other than a kitchen, shall not be less than 7 feet (2,134 mm) in any plan
dimension. Kitchens shall have a clear passaqeway of not less than 3 feet (914 mm) between
counterfronts and appliances or counterfronts and walls.
46
Sec. 10-274. Minimum ceilin~ hei~hts.
Habitable spaces. hallways. corridors. laundry areas. bathrooms. toilet rooms and habitable
basement areas shall have a clear ceilinq heiqht of not less than 7 feet (2.134 mm ).
Exceptions:
1. In one-and two-family dwellinqs. beams or qirders spaced not less than 4 feet (1.219 mm)
on center and proiectinq not more than 6 inches (152 mm) below the required ceilinq
heiqht.
2. Basement rooms in one-and two-family dwellinqs occupied exclusively for laundry. study
or recreation purposes. havinq a ceilinq heiqht of not less than 6 feet 8 inches (2.033 mm)
with not less than 6 feet 4 inches (1.932 mm) of clear heiqht under beams. qirders. ducts
and similar obstructions.
3. Rooms occupied exclusively for sleepinq. study or similar purposes and havinq a sloped
ceilinq over all or part of the room. with a clear ceilinq heiqht of at least 7 feet (2.134 mm)
over not less than one-third of the required minimum floor area. In calculatinq the floor
area of such rooms. only those portions of the floor area with a clear ceilinq heiqht of 5
feet (1.524 mm) or more shall be included.
Sec. 10-275. Bedroom and Iivin~ room reQuirements.
Every bedroom and livinq room shall comply with the requirements of Sections 10-273 & 10-274.
Sec. 10-276. Room area.
Every livinq 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).
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 on Iv means of eqress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
Sec. 10-278. Water closet accessibility.
Every bedroom shall have access to at least one water closet and one lavatory without passinq
throuqh another bedroom. Every bedroom in a dwellinq 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
adiacent stOry.
Sec. 10-279. Prohibited occupancy.
Kitchens and non habitable spaces shall not be used for sleepinq purposes.
47
Sec. 10-280. Other requirements.
Bedrooms shall complv with the applicable provisions of this code includinq. but not limited to. the
liqht. ventilation. room area. ceilinq heiqht and room width requirements of this Article: the plumbinq
facilities and water-heatinq facilities requirements of Article XXIII: the heatinq facilities and electrical
receptacle requirements of Article XXV.
Sec. 1 0-281. Overcrowdin~.
The number of persons occupvinq a dwellinq unit shall not create conditions that the code official
finds and determines. based upon qenerallv accepted practices and principles. endanqer the life.
health. safety or welfare of the occupants.
Sec. 10-282. Efficiency unit.
Efficiencv units shall meet the followinq 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 bv 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 Items 2 & 3.
2. The unit shall be provided with a kitchen sink. cookinq appliance and refriqeration
facilities. each havinq a clear workinq space of not less than 30 inches (762 mm) in front.
Liqht and ventilation conforminq to this code shall be provided.
3. The unit shall be provided with a separate bathroom containinq a water closet. lavatory and
bathtub or shower.
4. The maximum number of occupants shall be three.
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. includinq facilities for temporary storaqe.
Secs. 10-284.-10-285. Reserved
ARTICLE XXIII
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
Sec. 10-286. Scope.
The provisions of this Article shall qovern the minimum plumbinq systems. facilities and plumbinq
fixtures to be provided.
48
Sec. 10-287. Responsibility.
The owner of the structure shall provide and maintain such plumbinq facilities and plumbinQ 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 complv with the requirements of
this Article.
Sec. 10-288. Dwellinq units.
Everv dwellinQ unit shall contain its own bathtub or shower. lavatorv. water closet and kitchen sink
which shall be maintained in a sanitary. safe workinQ condition. The lavatorv shall be placed in the
same room as the water closet or located in close proximity to the door leadinQ directlv into the room
in which such water closet is located. A kitchen sink shall not be used as a substitute for the required
lavatorv.
Sec. 10-289. Roominq houses.
At least one water closet. lavatorv and bathtub or shower shall be supplied for each four roominQ
units.
Sec. 10-290. Hotels.
Where private water closets. lavatories and baths are not provided. one water closet. one lavatorv
and one bathtub or shower havinQ access from a public hallwav shall be provided for each ten
occupants.
Sec. 10-291. Emplovees' facilities.
A minimum of one water closet. one lavatorv and one drinkinQ facilitv shall be available to emplovees.
Sec. 10-292. Drinkinq facilities.
OrinkinQ facilities shall be a drinkinQ fountain. water cooler. bottled water cooler or disposable cups
next to a sink or water dispenser. OrinkinQ facilities shall not be located in toilet rooms or bathrooms.
Sec. 10-293. Privacy.
Toilet rooms and bathrooms shall provide privacy and shall not constitute the onlv passaQewav to a
hall or other space. or to the exterior. A door and interior 10ckinQ device shall be provided for all
common or shared bathrooms and toilet rooms in a multiple dwellinQ.
Sec. 10-294. Location.
Toilet rooms and bathrooms servinq hotel units. roominQ units or dormitory units or housekeepinQ
units. shall have access bv traversinq not more than one fliQht of stairs and shall have access from a
common hall or passaQewav.
49
Sec. 10-295. Location of employee toilet facilities.
Toilet facilities shall have access from within the employees' workinq area. The required toilet
facilities shall be located not more than one stOry above or below the employees' workinq 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 storaqe structures or kiosks. which are located
in adiacent structures under the same ownership. lease or control. shall not exceed a travel distance
of 500 feet (152 m) from the employees' reqular workinq area to the facilities.
Sec. 10-296. Floor surface.
In other than dwellinq units. every toilet room floor shall be maintained to be a smooth. hard.
nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
Sec. 10-297. General (Plumbin~ Fixtures).
All plumbinq fixtures shall be properly installed and maintained in workinq order and shall be kept free
from obstructions. leaks and defects and be capable of performinq the function for which such
plumbinq fixtures are desiqned. All plumbinq fixtures shall be maintained in a safe. sanitary and
functional condition.
Sec. 10-298. Fixture clearances.
Plumbinq fixtures shall have adequate clearances for usaqe and c1eaninq.
Sec. 1 0-299. Plumbin~ system hazards.
Where it is found that a plumbinq system in a structure constitutes a hazard to the occupants or the
structure by reason of inadequate service. inadequate ventinq. cross connection. backsiphonaqe.
improper installation. deterioration or damaqe or for similar reasons. the code official shall require the
defects to be corrected to eliminate the hazard.
Sec. 10-300. General (Water System).
Every sink. lavatory. bathtub or shower. drinkinq fountain. water closet or other plumbinq 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 runninq water.
Sec. 10-301. Contamination.
The water supply shall be maintained free from contamination and all water inlets for plumbinq
fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets. ianitor 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.
50
Sec. 10-302. Supply.
The water supply system shall be installed and maintained to provide a supply of water to plumbinq
fixtures. devices and appurtenances in sufficient volume and at pressures adequate to enable the
fixtures to function properly. safely and free from defects and leaks.
Sec. 10-303. Water heatin~ facilities.
Water heatinq facilities shall be properly installed. maintained and capable of providinq 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 1100F (430C). A qas-burninq 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 discharqe pipe shall be properly installed and maintained on water heaters.
Sec. 10-304. General.
All plumbinq fixtures shall be properly connected to either a public sewer system or to an approved
private sewaqe disposal system.
Sec. 10-305. Maintenance.
Every plumbinq stack. vent. waste and sewer line shall function properly and be kept free from
obstructions. leaks and defects.
Sees. 10-306.-10-308. Reserved
ARTICLE XXIV
STORM DRAINAGE
Sec. 10-309. General.
Drainaqe of roofs and paved areas. yards. courts. and other open areas on the premises shall not be
discharqed in a manner that creates a public nuisance.
Sees. 10-310.-10-311. Reserved.
ARTICLE XXV
MECHANICAL AND ELECTRICAL REQUIREMENTS
Sec. 10-312. Scope.
The provisions of this Article shall qovern the minimum mechanical and electrical facilities and
equipment to be provided.
51
Sec. 10-313. Responsibility.
The owner of the structure shall provide and maintain mechanical and electrical facilities and eauip-
ment in compliance with these re~uirements. A person shall not OCCUpy as owner-occupant or permit
another person to OCCUpy any premises which does not complv with the reauirements of this Article.
Sec. 10-314. Mechanical appliances.
All mechanical appliances. fireplaces. solid fuel-burnina appliances. cookina appliances and water
heatina appliances shall be properlv installed and maintained in a safe workino condition. and shall
be capable of performina the intended function.
Sec. 10-315. Removal of combustion products.
All fuel-burnina eauipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burnina eauipment and appliances which are labeled for unvented operation.
Sec. 10-316. Clearances.
All reauired clearances to combustible materials shall be maintained.
Sec. 10-317. Safety controls.
All safety controls for fuel-burnina eauipment shall be maintained in effective operation.
Sec. 10-318. Combustion air.
A supplv of air for complete combustion of the fuel and for ventilation of the space containino the fuel-
burnina eauipment shall be provided for the fuel-burnina eauipment.
Sec. 10-319. Enerqv conservation devices.
Devices intended to reduce fuel consumption bv attachment to a fuel-burnina appliance. to the fuel
supplv line thereto or to the vent outlet or vent pipino therefrom. shall not be installed unless labeled
for such purpose and the installation is specificallv approved.
Sec. 10-320. Facilities reQuired- Electrical.
Every occupied buildino shall be provided with an electrical system in compliance with the
reauirements of this Article.
Sec. 10-321. Service.
The size and usaae of appliances and eauipment shall serve as a basis for determinina the need for
additional facilities in accordance with the Florida Buildina Code. Electrical. Dwellina units shall be
served bv a three-wire. 120/240 volt. sinole phase electrical service havino a ratina of not less than
60 amperes.
52
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 bv reason of inadequate service. improper fusino. insufficient receptacle and Iiqhtino outlets.
improper wirinq or installation. deterioration or damaqe. or for similar reasons. the code official shall
require the defects to be corrected to eliminate the hazard.
Sec. 10-323. Installation- Electrical Eauipment.
All electrical equipment. wirinq and appliances shall be properlv installed and maintained in a safe
and approved manner.
Sec. 10-324. Receptacles.
Every habitable space in a dwellino shall contain at least two separate and remote receptacle outlets.
Every laundry area shall contain at least one qrounded-tvpe receptacle or a receptacle with a qround
fault circuit interrupter. Every bathroom shall contain at least one receptacle. Anv new bathroom
receptacle outlet shall have qround fault circuit interrupter protection.
Sec. 10-325. Luminaires.
Every public hall. interior stairway. toilet room. kitchen. bathroom. laundry room. boiler room and fur-
nace room shall contain at least one electric luminaire.
Sec. 10-326. Elevators, Escalators, and Dumbwaiters.
Elevators. dumbwaiters and escalators shall be maintained in compliance with ASME A 17 .1. The
most current certification of inspection shall be on displav 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 buildinq operator. The inspection and tests shall be performed at not less than the periodical
intervals listed in ASME A 17 .1. Appendix N. except where otherwise specified bv the authority havino
iurisdiction.
Sec. 10-327. Elevators.
In buildinos equipped with passenqer elevators. at least one elevator shall be maintained in operation
at all times when the buildino is occupied.
Exception: Buildinos equipped with onlv one elevator shall be permitted to have the elevator
temporarilv out of service for testino or servicino.
Sec. 10-328. Same- Duct Systems.
Duct systems shall be maintained free of obstructions and shall be capable of performinq the required
function.
Sees. 10-329-10-332. Reserved.
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ARTICLE XXVI
HEATING FACILITIES
Sec. 10-333. Same-Heatinq Facilities.
Heatinq facilities shall be provided in structures as required bv this Section.
Sec. 10-334. Residential occupancies.
Dwellinqs shall be provided with heatinq facilities capable of maintaininq a room temperature of 680F
(200C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor desiqn
temperature for the localitv indicated in Appendix 0 of the Florida Buildinq Code. Cookinq appliances
shall not be used to provide space heatinq to meet the requirements of this Section.
Exception: In areas where the averaqe month Iv temperature is above 300F (_10C), a minimum
temperature of 650F (180C) shall be maintained.
Sec. 10-335. Heat supplv.
Every owner and operator of any buildinq who rents. leases or lets one or more dwellinq units or
sleepinq units on terms. either expressed or implied, to furnish heat to the occupants thereof shall
supplv heat durinq the period to maintain a temperature of not less than 680F (200C) in all habitable
rooms. bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor desiqn temperature for the
localitv, maintenance of the minimum room temperature shall not be required provided that
the heatinq system is operatinq at its full desiqn capacity. The winter outdoor desiqn
temperature for the localitv shall be as indicated in Florida Buildinq Code.
2. In areas where the averaqe month Iv temperature is above 300F (_10C) a minimum
temperature of 650F (180C) shall be maintained.
Sec. 10-336. Occupiable work spaces.
Indoor occupiable work spaces shall be supplied with heat durinq the period to maintain a temperature
of not less than 650F (180C) durinq the period the spaces are occupied.
Exceptions:
1. Processinq, storaqe and operation areas that require coolinq or special temperature
conditions.
2. Areas in which persons are primarilv enqaqed in viqorous phvsical activities.
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Sec. 10-337. Room temperature measurement.
The required room temperatures shall be measured 3 feet (914 mm) above the floor near
the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.
Sees. 10-338.-10-340. Reserved.
ARTICLE XXVII
CODE COMPLIANCE PROCESS
Sec. 10-341. Intent
(a) It is the intent of this Article to promote. protect and improve the health. safety and welfare of the
citizens of the City by providinQ an equitable. expeditious. effective and inexpensive method of enforcinq
the various codes of the City.
(b) The provisions of this Article are intended to provide an additional and supplemental means of
enforcinq the laws. Codes of Ordinances and Statutes in force in the City and nothinq contained herein
shall prohibit the City from enforcinQ its codes or ordinances by any other means available.
(c) All active code enforcement complaints for which a notice of violation has been issued prior to the
effective date of this Ordinance shall continue to be prosecuted throuQh the code compliance process in
effect at the time the notice of violation was issued. All pendinq code enforcement complaints in which a
notice of violation has not been issued and all future complaints shall be prosecuted throuQh the
citation-fine code compliance system created herein.
Sec. 10-342. Definitions
The followinq words. terms and phrases. as used in this Article shall have the meaninqs respectively
ascribed to them in this Section. unless the context clearly indicates otherwise:
City Attorney means the City Attorney of the City.
City means City of Edqewater. Florida.
Code means the Code of Ordinances, the Land Development Code and all other ordinances of the City
of Edqewater.
Code Compliance Officer shall mean the Code Compliance Supervisor. Code Compliance Officer(s) and
Law Enforcement Officer(s) as desiqnated in writinq by the City Manaqer.
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Law Enforcement Officer shall mean any person who is elected. appointed or emploved full-time bv a
municipalitv or the State or any political subdivision thereof. who is vested with authority to bear arms
and make arrests: and whose primary responsibilitv is the prevention and detection of crime or the
enforcement of penal. criminal. traffic or hiqhwav laws of the State.
Person means any natural person. corporation. partnership or other entity.
Repeat violation means a violation of a provision of a code or ordinance bv a person who has previouslv
been found to have violated or who has admitted violatinq the same provision within five (5) years prior
to the violation. notwithstandinq the violations occur at different locations.
Sec. 10-343. Code Enforcement Board ("CEB")
(a) The City hereby establishes a citation-fine code compliance process for the enforcement of its various
codes. The Code Enforcement Board (CEB) shall have the power to impose administrative costs. fines
and various non-criminal. 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. Nothinq in this Article shall prohibit or limit the City from enforcinq the laws. Codes of
Ordinances and Statutes in force in the City bv any other means available. The provisions of this Article
are merelv an additional means of obtaininq compliance.
(b) The Code Enforcement Board shall have the power to:
1. Adopt rules for the conduct of hearinqs.
2. Hold hearinqs and assess fines aqainst violators of the various codes of the City.
3. Subpoena alleqed violators and witnesses to the hearinq. Subpoenas may be served bv
any law enforcement officer of the City or as otherwise permitted bv law.
4. Subpoena evidence to the hearinqs.
5. Take testimony under oath.
6. Issue orders havinq the force of law to command whatever steps are
necessary to brinq a violation into compliance with City codes or ordinances. However.
any orders that require the City to expend money or directs City emplovees to perform
work. i.e.. demolition or repair of a structure must be approved bv the City Manaqer or City
Council before becominq effective.
Sec. 10-344. Enforcement Procedures
(a) It shall be the dutv of the code compliance officer to investiqate complaints of violations of City codes
and to initiate enforcement proceedinqs relative thereto. The CEB shall not have any independent
authority to conduct their investiqation of such complaints or to initiate enforcement proceedinqs.
(b) Except as provided in Sub-Sections (e) and (f) of this Section. if a violation of a code is found. the
code compliance officer shall notify the violator bv issuinq a notice of violation in accordance with the
requirements of Section 1 0-345(a). If. upon reasonable investiqation. a code compliance officer has
56
reasonable cause to believe the violation continues to exist beyond the time specified for correction in
the notice. the code compliance officer shall issue a citation to the violator in accordance with the
requirements of Section 1 0-345( c ).
(c) The violator may elect to pay the fine set forth in the citation at any time prior to the hearinq. If the
violator elects to pay the fine prior to the hearinq. it will be deemed as an admission of the commission
of the violation and an order may be issued by the Board to that effect. If the violator does not pay the
fine set forth in the citation prior to the hearinq. the matter will be heard before the Board. Further. if a
violator fails to appear at the hearinq to contest the violation. the violator shall be deemed to have
waived his or her riqht to contest the violation. If the violation is corrected 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 Board even if the violation has been corrected prior to the hearinq.
(d) 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 compliance officer has determined that the
violation has been corrected.
(e) If a repeat violation is found. the code compliance officer shall notify the violator and advise him or
her of the nature of the repeat violation. but is not required to qive the violator a reasonable time to
correct the repeat violation. The code compliance officer shall. upon notifvinq the violator of a repeat
violation. issue a citation to the violator in accordance with the requirements of Section 10-345(c). The
violator may elect to pay the fine at any time prior to the hearinq. However. the case may be presented
to the Board even if the repeat violation has been corrected prior to the hearinq and the Board may
determine and impose. as costs aqainst the violator. reasonable enforcement fees incurred by the City.
The repeat violator may choose to waive his or her riqhts to this hearinq and pay said costs as
determined by the Board. The Board shall also have the authority to levy a per day fine beqinninq on the
day that the violation was first observed by the code compliance officer.
(f) If a code compliance officer has a reason to believe a violation presents a serious threat to the public
health. safety and welfare or if the violation is irreparable or irreversible in nature. a code compliance
officer shall make a reasonable effort to notify the violator of the same and may immediately issue a
citation and schedule the matter for a hearinq before the Board.
(q) If the owner of property which is subiect to enforcement proceedinq before the Board transfers
ownership of such property between the time the notice of violation was served and the time of the
hearinq before the Board. such owner shall:
1. Disclose. in writinq. the existence and the nature of the proceedinq to the prospective
transferee.
2. Deliver to the prospective transferee a copy of the notices. citations, and other materials
relatinq to the code enforcement proceedinq received by the transferor.
3. Disclose. in writinq. 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 proceedinq.
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4. File a notice with the code compliance 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 (5) days after the date of transfer.
(h) 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 hearinq before the Board. the
proceedinq shall not be dismissed. but the new owner shall be provided a reasonable period of time to
correct the violation before the hearinq is held.
(i) Each day that a violation exists shall constitute a separate violation for the purpose of assessinq a
fine bv the Board.
(j) All fines imposed pursuant to this Article shall be paid to the City throuqh its Finance Department and
shall be paid bv cash or check with coins only beinq accepted for any amounts which may require
chanqe to pay the exact amount.
Sec. 10-345. Notice of Violations; Repeat Violators; Citations
(a) Notice of Violation. Prior to issuinq a citation. a code compliance 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 qive the violator a reasonable time to correct the violation. Such reasonable time
period shall be no more than thirty (30) days. However. a fire safety inspector as that term is defined in
Section 633.052. Florida Statutes. shall provide the violator a minimum time period of forty-five (45)
days to correct the violation except for maior structural chanqes. which may be corrected within an
extended adequate period of time. A safety violation as per Florida Fire Prevention Code may be
ordered to comply in less than forty-five (45) days
(b) Repeat Violators. A code compliance officer does not have to provide a repeat violator with a
reasonable time period to correct a repeat violation prior to issuinq 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 compliance officer shall be in the form prescribed by the City
and shall contain:
1. The date and time of issuance of the citation.
2. The name and address of the person. if known. to whom the citation is issued.
3. The date and time the violation was first observed.
4. The Section of the code that has been violated and a description of the nature of the
violation.
5. The applicable civil fine as prescribed in Section 10-348.
6. The necessary corrective action.
7. The name. work phone number and work address of the code compliance officer.
58
8. That it is the responsibility of the person to contact the City for an inspection when the
violation is corrected and that the violation will be deemed to be in existence until the code
compliance 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 Board and the
date. time. and place that said hearinQ will be conducted.
11. A conspicuous statement that if the person fails to appear at the hearinq to contest the
violation. the person shall be deemed to have waived his or her riQht to contest the
violation and that. in such case. an order may be entered aqainst the person for an
amount UP to the maximum civil fine in accordance with Section 10-348.
Cd) After issuinQ a citation to an alleQed violator. the code compliance officer shall deposit the oriqinal
citation in a file for the Board and shall deposit one COpy thereof with the City's Finance Director.
Sec. 10-346. Conduct of HearinQ
(a) Hearinqs shall be held once a month. but may be held more or less often as the demand
necessitates. Minutes shall be kept of all hearinQs and all such hearinQs shall be open to the public. The
City Manaqer or his desiQnee shall provide clerical and administrative personnel as may be reasonably
required for the proper performance of his or her duties. At any hearinQ. the Board may continue any
matter to a future hearinq date.
(b) Each case before the Board shall be presented by a code compliance officer. a member of the City
administrative staff. the City Attorney, any Assistant City Attorney or any special counsel. If the City
prevails in prosecutinQ a case before the Board. it shall be entitled to recover all costs incurred in
prosecutinQ said case and such costs may be added to the fine and become part of any lien authorized
under Section 10-347.
Cc) The Board shall proceed to hear the cases on the aqenda for the respective hearinq. 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 qovern all proceedinqs.
Cd) At the hearinq. the Board shall advise the alleQed violator of the Section of the code of which he or
she is accused of violatinQ and the nature of the violation. The Board shall first seek to determine
whether or not the alleQed violator admits the violation. If the alleqed violator admits the violation. the
Board 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 alleQed violator denies that a violation has occurred. the
Board shall hear first from the City and any City witnesses and evidence. and the alleQed violator shall
have the riqht to cross-examine City witnesses. At the close of the presentation of the City's case
aQainst the alleQed violator. the alleqed 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
59
riqht to cross-examine the alleqed violator and his or her witnesses. The City shall have the burden of
provinq the violation by a preponderance of the evidence.
(e) At the conclusion of the hearinq, the Board shall issue findinqs of fact based on the evidence of
record and conclusions of law, and shall issue an order affordinq the proper relief consistent with the
powers qranted 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 alonq 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 assiqns if the violation
concerns real property and the findinqs therein shall be bindinq upon the violator and. if the violation
concerns real property. any subsequent purchasers. successors in interest or assiqns. If an order is
recorded and the order is complied with by the date specified in the order, the City shall record an order
acknowledqinq compliance of the code violation and satisfaction of the fine. A hearinq is not required for
the issuance of such an order acknowledqinq compliance.
Sec. 10-347. Administrative Fines and Liens
(a) Order imposina fine. The Board, upon notification by a code compliance officer that a previous order
of a Board has not been complied with by the prescribed time or upon findinq 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 Board for compliance: or in the case of a repeat
violation, for each day the repeat violation continues to exist. beqinninq with the date the repeat violation
is found to have occurred by the code compliance officer. Further. if the violation is a violation described
in Section 10-344m, the Board shall notify the City Manaqer or City Council, which may authorize and
make all reasonable repairs that are required to brinq the property into compliance, and the reasonable
cost of those repairs may be charqed aqainst the violator alonq with any fine imposed pursuant to this
Article. Makinq such repairs does not create a continuinq obliqation on the part of the City to make
further repairs or to maintain the property and does not create any liability aqainst the City for any
damaqes to the property if such repairs were completed in qood faith. If a findinq of a violation or a
repeat violation has been made as provided in this part, a hearinq shall not be necessary for issuance of
the order imposinq the fine. If, after due notice and hearinq, the Board finds a violation to be irreparable
or irreversible in nature. the Board mav order the violator to pav a fine as specified in Subsection (b).
(b) Amount of administrative fine. The Board may impose the applicable civil fine prescribed in Section
10-348 of this Article or may determine and impose a fine up to the maximum amount described in this
subparaqraph as provided below:
1. A fine imposed pursuant to this Section shall not exceed two hundred fifty throo dollars
($25JO.00) per day for the first violation and shall not exceed five hundred dollars
($500.00) per day for a repeat violation and, in addition thereto. may include all costs of
repairs pursuant to Subsection (a) of this Section. However, if the Board finds the violation
to be irreparable or irreversible in nature. it may impose a fine not to exceed five thousand
dollars ($5.000.00) per violation.
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2. In determininq the amount of the fine. if any. the Board shall consider the followinq factors:
a. The qravitv of the violation:
b. Anv actions taken bv the violator to correct the violation: and
c. Anv previous violations committed bv the violator.
3. Each day a violation exists shall constitute a separate violation for the
purpose of assessinq such a fine.
(c) Reduction of the fine. Once a violation has been brouqht into compliance. the Board may reduce any
fine imposed pursuant to this Article.
(d) Lien for unpaid fine. A certified copy of the order imposinq a fine or a fine plus repair costs. may be
recorded in the public records of Volusia County and shall thereafter constitute a lien aqainst the land on
which the violation exists and upon any other real or personal property owned bv the violator. Upon
petition to the circuit court. such order may be enforced in the same manner as a court iudqment bv the
sheriffs of this State. includinq execution and levv aqainst the personal property of the violator. but such
order shall not be deemed to be a court iudqment except for enforcement purposes. A fine imposed
pursuant to this Section shall continue to accrue until the violator comes into compliance or until
iudqment is rendered in a suit to foreclose on a lien filed pursuant to this Article. whichever occurs first.
A lien arisinq from a fine imposed pursuant to this Section runs in favor of the City and the City Manaqer
may authorize the execution of a satisfaction and release of lien entered pursuant to this Article. After
three (3) months from the filinq of any such lien which remains unpaid. the City may authorize the City
Attornev to foreclose on the lien or to sue to recover a money iudqment 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.
Soc10 97.(d) (e)Fee for lien inauirv/report. A fee shall be charqed per parcel of property for searchinq
the City's official records and producinq a City lien inquiry/report. Said fee shall be established and
modified from time to time as needed bv 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 reasonablv
ascertainable bv search of the City's official records. The form of the report shall be in the manner
prescribed bv the City Manaqer or his/her desiqnee. A copy of the report shall be filed with the finance
department.
(Ord. No. 99-0-14. Pt. A. 5-3-99: Ord. No. 2002-0-19. Pt. A. 11-18-02)
Sec. 10-348. Classification of Violations and a Schedule of Civil Fines. Penalties and/or Costs
The Citv of Edqewater hereby authorizes and provides for classifications of violations and a schedule of
correspondinq civil fines. penalties and/or costs to be established and modified from time to time. as
needed bv resolution of the City Council.
Sec. 10-349. Notices
(a) All notices required bv this Article shall be provided to the alleqed violation bv (i) certified mail. return
receipt requested to the address listed in the tax assessor's office for tax notices. or (ii) bv hand delivery
61
by the sheriff or other law enforcement office. or code compliance officer. or (iii) by leavinq the notice at
the violator's usual place of residence with any person residinq therein who is above fifteen (15) years of
aqe and informinq such person of the contents of the notice; or (iv) in the case of commercial property.
leavinq the notice with the manaqer or other person in charqe. Further. in the event notice is provided by
certified mail. return receipt requested and acceptance of such notice is refused or is returned to the
City. and additional notice is provided usinq the same address by reqular U. S. mail delivery and said
additional notice is not returned to the City. a rebuttable presumption shall arise that the violator has
received notice of the violation.
(b) In addition to providinq notice as set forth in Sub-Section (a) notice may also be served by
publication or postinq. as follows:
1. Such notice shall be published once durinq each week for four (4) consecutive weeks (four
(4) publications beinq sufficient) in a newspaper of qeneral circulation in Volusia County.
The newspaper shall meet such requirements as are prescribed under Chapter 50. Florida
Statutes. for leqal and official advertisements. Proof of publication shall be made as
provided in Sections 50.041 and 50.051. Florida Statutes.
2. In lieu of publication as described in paraqraph (b)(1). such notice may be posted for at
least ten (10) days in at least two (2) locations. one of which shall be the property upon
which the violation is alleqed to exist and the other of which shall be at City Hall. Proof of
postinq shall be by affidavit of the person postinq the notice. which affidavit shall include a
copy of the notice posted and the date and places of its postinq.
3. Notice by publication or postinq may run concurrently with. or may follow. an attempt
or attempts to provide notice by hand delivery or by mail as required under Sub-Section (a).
Evidence that an attempt has been made to hand deliver or mail notice as provided in sub-
section (a). toqether with proof of publication or requirements of this Section havinq been
met. without reqard to whether or not the alleqed violator actually received such notice.
(c) The provisions of this Section shall not apply to the enforcement. pursuant to Sections 553.79 and
553.80. Florida Statutes. as amended from time to time. of the buildinq codes adopted pursuant to
Section 553.73. Florida Statutes. as they apply to construction. provided that a buildinq permit is either
not required or has been issued. For purpose of this Section. buildinq codes mean only those codes
adopted pursuant to Section 533.73. Florida Statutes.
Sec. 10-350. Appeals
Except as otherwise provided herein. an aqqrieved party. includinq the City. may appeal a final
administrative order of the Board bv certiorari to the Circuit Court of Volusia Countv. Such an appeal
shall not be a hearinq de novo but shall be limited to appellate review of the record created before the
Board. An appeal shall be filed within thirty (30) days for the execution of the order to be appealed.
62
See. 10-351. Duration of Lien
No lien provided bv this Article shall continue for a period lonqer than twenty (20) years after the
certified copy of an order imposinq a fine has been recorded. unless within that time an action to
foreclose on the lien is commenced in a court of competent iurisdiction. In an action to foreclose on a
lien. the City is entitled to recover all costs. includinq its reasonable attorney's fee. that it incurs in the
foreclosure. The City shall be entitled to collect all costs incurred in recordinq and satisfvinq a valid lien.
Sees. 10-352.-10-360. Reserved
63