Item 7FAGENDA ITEM # 7F
AUGUST 11, 2008
ORDINANCE NO. 25-(18-40
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, BUILDING
AND BUILDING REGULATIONS, TO PROVIDE CLARITY TO THE
RECENTLY ADOPTED INTERNATIONAL PROPERTY MAIN'T'ENANCE
CODE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City recently adopted the International Property Maintenance Code and
certain clarifications are necessary to provide additional clarity to said Code.
NOW THEREFORE, BE IT ORDAINED BY CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Ordinance No. 25-08-38, adopted by the City on February 25, 2008,
modified Sec. 6-120 of the Code of Ordinances to adopt the International Property Maintenance
Code (IPMC). The following sections of the IPMC are hereby revised:
(a) Section 101.1 Title. Insert: The City of Atlantic Beach
(b) Section 102.3 Application of other codes. Amend to delete International
Building Code, International Fuel Gas Code, International Mechanical Code
and the ICC Electrical Code and replace with State of Florida Building Codes
and the National Electrical Code.
(c) Section 103. Title. Amend to read: Det~aztment of Public Safety and Building
Department
(d) Section 103.1 General. Amend to read: The depaztment of public safety and
building department shall be designated to enforce the provisions of this code.
(e) Section 103.5 Fees. Delete this section.
(f) Section 110.1 General. Delete for a period of two yeazs and replace with 6
months.
(g) Section 110.3 Failure to comply. Add sentence to state: All administrative costs
to the City of Atlantic Beach shall be considered when determining total cost of demolition.
(h) Section 111.1 Application for appeal. Amend to read: Any person directly
affected by a decision of the code official or a notice or order issued under this code shall
have the right to appeal to the Code Enforcement Adjustments and Appeals Boazd, provided
that a written application of appeal is filed within 20 days after the day of the decision notice
or order was served.
(i) Section 302.4 Weeds. In the first sentence, delete "(jurisdiction to insert
AGENDA ITEM # 7F
AUGUST I I, 2008
height in inches)" and substitute 12 inches.
(j) Section 304.14 Insect Screens. In the first sentence, delete "[date] to [date]" and
substitute: March 1 to December 1.
(k) Section 602.3 Heat Supply. In the first sentence, delete "[date] to [date]" and
substitute: November 1 to March 31.
(1) Section 602.4 Occupiable workspaces. In the first sentence, delete "[date]
to [date] and substitute: November 1 to Mazch 31."
SECTION 2. Sec. 6-17(b)(5) of the Code of Ordinances is hereby amended to read as follows:
"(5) .Unsafe building or structures.
a. For the purpose of this code, any building or structure which has any or all
of the conditions or defects hereinafter described shall be deemed a public nuisance and
an unsafe, substandazd, and dangerous building, provided that such conditions or defects
exist to the extent that the life, health, property, or safety of the,,,public or its occupants are
endangered or to the extent that such building, or structure creates a substantive adverse
effect to the surrounding nei boyhood, business environment or property values. Such
structures and buildings shall be abated in accordance with the procedures of the 2006
International Property Maintenance Code.
b. __ Whenever. any door, aisle, passagewa~tairway, or other means of exit is
not of sufficient width or size, or is not so arranged as to provide safe and adequate means
of exit in case of fire organic.
c. Whenever the stress in any materials, member, or portion thereof, due to
all dead and live loads, is more than one and one-half times the working stress allowed in
the Florida Building Code, for new buildings of similaz structure, purpose, or location.
d. Whenever any portion thereof has been damaged by fire. wind, flood, or
b~any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum
requirements of the Florida Building Code, for new buildings of similar purpose, or
location.
e. Whenever anYportion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged, or to collapse and thereby injure persons or damage
ro e
f. Whenever any portion of a building or any member, appurtenance, or
ornamentation on the exterior thereof is not of sui~cient strength or stability, or is not
anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of
AGENDA TTEM # 7F
AUGUST 11, 2008
one-third of that specified in the Florida Building Code far new buildings of similar
structure, pumose, or location without exceeding the working stresses permitted in the
said Florida Building Code for such buildings.
~. Whenever anv portion thereof has wracked warped buckled or settled to
such an extent that walls or other structural portions have materially less resistance to
winds than is required in the case of similar new construction
h. Whenever the building or structure or anv portion thereof is likely to
partially or completely collapse because of:
1. dilapidation, deterioration, or decay
2. faulty construction:
3. the removal, movement, or instability of anv portion of the ground
necessary for the purpose of supporting such buildings
4. the deterioration, decay or inadequacy of its foundation
i. Whenever, for an~eason, the building or structure or any portion
thereof is manifestly unsafe for the purpose for which it is bein used
i. Whenever the exterior walls or other vertical structural members list lean
or buckle to such an extent that a plumb line passing, through the center of grays does
not fall inside the middle one-third of the base.
k. Whenever the building or structure, exclusive of the foundation shows 33
percent or more damage or deterioration of its supporting member or members or 50
percent damage or deterioration of its nonsu~porting members enclosing or outside walls
or coverinss.
1. Whenever the building or structure has been so damaged ~ fire wind or
flood, or has become so dilapidated or deteriorated as to become:
1. an attractive nuisance to children;
2. a harbor for vagrants, criminals, or;
3. as to enable persons to resort thereto for the purpose of committing
unlawful acts.
m. Whenever any buildin~_or_structure has. been constructed, or exists or is
maintained in violation of any specific requirement or prohibition applicable to such
building or structure provided by the building regulations of Atlantic Beach as specified
in the Florida Building Code, or__ International Housing Code relatins to the condition.
location, or structure of buildings.
n. Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances, has any nonsupporting_part, member
or portion less than 33 percent, or in an~supportingpart, member, or portion less than 50
percent of the (1) stren th, (2) fire-resisting_QUalities or characteristics, or (3 weather-
AGENDA ITEM # 7F
AUGUST 1 I, 2008
resistant qualities or characteristics required by law in the case of a newly constructed
bulldinl? of like area, height, and occupancy in the same location
o. Whenever a building or structure used or intended to be used for dwelling
purposes, because of inadeauate maintenance dilapidation decaY_damage faulty
construction, or arrangement, inadequate light air or sanitation facilities or otherwise is
determined by a State of Florida Health Official to be unsanitary unfit for human
habitation, or in such a condition that is likely to cause sickness or disease
p. Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six months so as to constitute such
building or portion thereof an attractive nuisance or hazard to the public
q. Whenever any buildin or structure has been neglected or been allowed to
deteriorate to such an extent that it has a bli htin~ influence on the surrounding
neighborhood. Such condition should be determined by common, reasonable observation
of the building structure's exterior cladding"
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2008.
PASSED by the City Commission on second and final reading this day of
2008.
ATTEST:
DONNA L. BARTLE, CMC JOHN S. MESERVE
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney