100ORDINANCE NO. 100
AN ORDINANCE PROVIDING FOR THE
CONDEMNATION AND REMOVAL BY THE CITY
OF ALL DELAPIDAMED, UNSANITARY AND
UNSAFE BUILDINGS OR STRUCTURES AND
SETTING FORTH THE PROCEDURE TO BE
FOLLOWED AND THE RIGHTS OF THE CITY
AND PARTIES.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGX4ATER,FLORIDA:
Section 1. That it is hereby declared to be unlawful for any
person, firm or corporation owning the same to permit any
building or structures within the City of Edgewater, Florida,
to become delapidated, unsanitary or unsafe.
Section 2. It is the duty of the Building Inspector of the City
of Edgewater to charge the owner or owners of a structure he
claims to be delapidated, unsanitary or unsafe. Such charges
shall be made by a written complaint filed with the City Clerk
setting forth the legal description of the property on which said
building or structures is located, a description of the structure
or building, and the respects in which said building is delapidated,
unsanitary or unsafe, and specifying what repairs, if the building
or structure is capable of being repaired, are needed to place the
same in an undelapidated, sanitary and safe condition,
Section 3. The City Clerk shall give notice to the owner or owners
setting forth the complaint filed by the Building Inspector, and to
any known lienors or persons in possession of the premises.
Section l}. "Notice" shall be given either in person by actual
notice, or by mail, or in the event the owner or lienholders or
persons in actual possession cannot be found, then posting on the
premises a copy of the complaint of the @wilding Inspector shall
be sufficient notice.
Section $. The complaint of the Building Inspector shall be taken
as true and admitted by all parties unless an interested party shall
withiniilrdays from the giving of notice request in writing a
hearing by the City Council. In the event of such a request, the
City Council shall set a date at least 10 days in advance of--EwAat,,
request, and notify the requesting party in writ £ thatima
such hearing. ['
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Section 6, At such hearing, all parties in interest may be heard in
person or by counsel, and the only question to be considered will be
"Are the charges of the Building, Inspector trueV and the finding of
the City Council shall be final. If the question is answered by the
City Council in the negative, no further proceedings shall be had; if
the question be answered in the affirmative, then the owner, lienholder
or other parties in interest shall commence making the necessary repairs,
if the structure or building can be repaired, and complete the necessary
repairs, within 90 days; failure to commence making the necessary repairs
within 20 days shall give the City the right to demolish, tear down and
remove the offending structure, charging the actual cost to the owner,
which cost shall be a lien against the property.
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Section 7, Failure to ask X hearing on the cbmplaint of the Building
Inspector shall give the City the right to proceed as if a hearing had
been held and the question determined in the affirmative,
Section 8, After any structure or building has been demolished or torn
down, and the cost of the same charged to the owner, the cost shall be
final and taken as true unless within 10 days of the notice of the cost
kny interested party shall request a hearing by the City Council, and if
requested, a. hearing shall be granted after 10 days notice to the request.
ing party, and the question to be determined shall be "Is the cost
charged the actual cost?" and the determination of the City Council
shall be final and conclusive• Actual cost includes a reasonable sum
or allowance for the paper work involved in administering this Ordinance,
together with a reasonable allowance for the use and depreciation of
machinery and equipment that may be used.
Section 9. This Ordinance is effective as of this date, and all Ordinances
or parts of Ordinances in conflict herewith be and the same are hereby
repealedg and this Ordinance shall take effect immediately upon its
passage and approval by the Mavor, and is enacted by virtue of the
police power of the City, in order to provide for the public health,
morals and welfare, and by virtue of the Charter of the City and the
laws of the State of Florida.
The above Ordinance was read in full and passed by the vote of the
City Council of the City of Edgewater, Florida, at a regular meeting
on the 9th day of January, A. D. 1956. Upon motion duly me con
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and unanimously carried, the requirement of reading said Ordinance
upon second reading was waived, and the Ordinance was ordered put
upon final passage. Passed by the vote of the City Council of the
City of Edgewater, Florida, at a regular meeting of said Council
held on the 9th day of January, A. D. 1956, and approved as provided
by law, the vote of said Council on roll call being as follows:
Mayor
uouncilman
Approved this of��AD�95,
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