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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