Item 7CAGENDA ITEM # 7C
AUGUST 25, 2008
ORDINANCE NO. 25-08-40
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 MAINTENANCE
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 Properly 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: Building
Department and Code Enforcement Division
(d) Section 103.1 General. Amend to read: The
building department and code enforcement division 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 Cit~of Atlantic Beach shall be considered when determining total cost of demolition.
(h) Section 111.1 Application for appeal. Amend to read: Anx.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 Ad,Lustments and Appeals Board, provided
that a written application of appeal is filed within 20 days after the day, of the decision, notice
or order was served.
AGENDA ITEM # 7C
AUGUST 25, 2008
(i) Section 302.4 Weeds. In the first sentence, delete "(jurisdiction to insert
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 6023 Heat Supply. In the first sentence, delete "[date] to [date]" and
substitute: November 1 to Mauch 31.
(1) Section 602.4 Occupiable workspaces. In the first sentence, delete "[date]
to [date] and substitute: November 1 to March 31 °'
SECTION 2. Sec. 6-17(bx5) of the Code of Ordinances is hereby amended to read as follows:
~5) Unsafe building; or sltruchrres.
a. For the purpose of this code, anv building or structure which has anv or all
of the conditions or defects hereinafter described shall be deemed. a public nuisance and
an unsafe, substandard, and dangerous building,_provided that such conditions or defects
exist to the extent that the life, health, pro , or safety of the public or its occupants are
endangered or to the extent that such building or stn~cture creates a substantive adverse
effect to the surroundin~ithborhood. business environment or property values. Such
sltruchu~es and buildings shall be abated in accordance with the procedures of the 200b
International
b. Whenever any door, aisle, passageway, stairway, or other means of exit is
not of sufficient width or size, or is not so an~an~ as to provide safe and adequate
means of exit in case of fire or panic.
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 similar struchue, purpose, or location.
d. Whenever any portion thereof has been damaged by fire, wind flood, or
by 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 thaw the minimum
reauir+ements of the Florida Building Code. for new buildings of similar purpose, or
location
e. Whenever any portion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged. or to collapse and thereby injure persons or damage
f. Whenever any portion of a building, or anY member, appurtenance, or
ornamentation on the exterior thereof is not of sufficient strength or stability, or is not
anchored. attached. or fastened. in place so as to be capable of resisting a wind pr+esstu~e of
AGENDA ITEM # 7C
AUGUST 25, 2008
one-third of that specified in the Florida Building Code, for new buildings of similar
sltructure,purpose or location without exceeding; the working; stresses permitted in the
said Florida Building Code for such buildings.
~. Whenever any partion thereof has wracked, warped., buckled, or settled to
such an extent that walls err 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 any portion thereof, is likely to
partially or completely collapse because of:
1. dilapidation, deterioration, or decay;
2. faulty construction•
3. the removal, movement, or instabili ~ of any portion of the ground
necessary for the purpose of supportingLsuch building•
4. the deterioration, decay, or inadequacy of its foundation.
i. Whenever for any reason, the building, or structure, or any portion
thereof is manifestly unsafe for the Qur~ose for which it is being used.
j. 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 gravity 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
Qercent damage or deterioration of its nonsupporting members eaclosing.or outside walls
or coverings.
1 Whenever the building`or structure has been ~ damaged by 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 and building or structure has been constructed, or exists or is
maintained in violation of any specific regnirement or prohibition applicable to such
building or structure provided by the building regulations of Atlantic Beach, as specified
in the Florida Building Code, or Internaticmal Housing Code relating to the condition,
location, or structure of buildin
n. Whenever any building or stYVCtture 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 any sugportin~ part, member or portion less than 50
percent of the ~) stren tg~h .,~2) fire-resisting~aualities or characteristics, or f 3) weather-
AGENDA ITEM # 7C
AUGUST 25, 2008
resistant Qualities or cb<aracteristics required by law in the case of a newly constructed
buildinl; of like area, heitzht, and occupancy in the same location.
o. Whenever a building or structure,_used or intended to be used far dwellin
purposes, because of inadequate maintenance dilapidation, decay damage faulty
constroction, or ement, 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 wher>~ver any building or
S1knu~ure is abandoned for a period in excess of six months. so as to constitute such
building or portion thereof az~ attractive nuisance or hazard to the public.
q. Whenever any building or structure has been neglected or been allowed to
deteriorate to such an extent that it has a bli hg u gtuig 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
City Clerk
Approved as to form and correctness:
JOHN S. MESERVE
Mayor, Presiding Officer
ALAN C. JENSEN, ESQUIRE
City Attorney