§ 7-24. Amendments to the 2009 edition of the International Property Maintenance Code  


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  • The 2009 edition of the International Property Maintenance Code as amended and supplemented from time to time, is amended by the city as follows:

    (1) The word "code official" is replaced throughout with "city manager or her designee".

    (2) Subsection 101.1 Title is amended to read as follows:

    These regulations shall be known as the Property Maintenance Code of the City of Haines City, hereinafter referred to as "this code".

    (3) Subsection 102.3 Application of other codes is amended to read as follows:

    Repairs, additions, or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the current Florida Building Code. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the City of Haines City Land Development Regulations.

    (4) Subsections 103.1, 103.2 and 103.3 are deleted.

    (5) Any reference to the "department of property maintenance inspection" is replaced with "code enforcement division".

    (6) Subsection 103.5 Fees is amended to read as follows:

    The fee for activities and services performed by the code enforcement division in carrying out its responsibilities under this code are $150.00. This fee shall be in addition to any fines imposed by the special master.

    (7) Subsection 104.3 Right of entry is amended to read as follows:

    Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the city manager or her designee has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the city manager or her designee is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the city manager or her designee shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the city manager or her designee shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the city manager or her designee shall have recourse to the remedies provided by law to secure entry. In cases of emergency or exigent circumstances where the city manager or her designee believe extreme hazards exist, the city manager or her designee may enter the structure or premises at any time.

    (8) Subsection 106.3 "Prosecution of violation is amended to read as follows:

    106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the city manager or her designee shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be assessed against the property.

    (9) Subsection 106.4 Violation penalties is amended to read as follows:

    Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted as set forth in Chapter 162 of the Florida Statutes and chapter 1 of the code of ordinances.

    (10) Subsection 107.2 Form is amended to read as follows:

    Such notice prescribed in Section 107.1 shall be in accordance with all of the following:

    1. Be in writing.

    2. Include a description of the real estate sufficient for identification.

    3. Include a statement of the violation or violations and why the notice is being issued.

    4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.

    5. Inform the property owner that he or she may obtain a hearing before the special master on the limited issue of whether the determination of the city manager or her designee that there has been a violation of the code.

    6. Include a statement that all costs and expenses incurred by the city in connection with the demolition and not timely paid by the property owner will be assessed against the property.

    (11) Subsection 107.5 Penalties is amended to read as follows:

    Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4, in chapter 162 of the Florida Statutes, and in accordance with any other applicable and available civil and criminal penalties.

    (12) Subsection 108.2 Closing of vacant structures is amended to read as follows:

    If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the city manager or her designee is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the city manager or her designee shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be assessed against the property.

    (13) Subsection 110.3 Failure to comply is amended to read as follows:

    If the owner of a premises fails to comply with a demolition order within the time prescribed, the city manager or her designee shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be assessed against the property.

    (14) All of the subsections in Section 111 Means of Appeal (111.1—111.8) are deleted and replaced by the following:

    111.1 Appeal. Any person directly affected by a decision of the city manager or her designee or a notice or order issued under this code shall have the right to appeal to the special master, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Appeal of any decision of the special master will be to the Tenth Judicial Circuit Court of Florida.

    (15) Subsection 112.4 Failure to comply is amended to read as follows:

    Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250.00 dollars or more than $500.00 dollars.

    (16) Subsection 302.4 Weeds is amended to read as follows:

    All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this terms shall not include cultivated flowers and gardens.

    Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 or any other applicable code provision. Upon failure to comply with the notice of violation, any duly authorized employee of the city or contractor hired by the city shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

    (17) Subsection 304.14 Insect screens is amended to read as follows:

    Every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self closing device in good working condition.

    (18) Subsection 602.3 Heat supply is amended to read as follows:

    Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period of December 1 to March 1 to maintain a temperature of 65°F (18°C) in all habitable rooms, bathrooms, and toilet rooms.

    (19) Subsection 602.4 Occupiable workspaces is amended to read as follows:

    Indoor occupiable workspaces shall be supplied with heat during the period from December 1 to March 1 to maintain a temperature of not less than 65°F (18°C) during the period the spaces are occupied.

(Ord. No. 10-1366, § 2, 5-20-10)

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Ord. No. 10-1366, § 2, adopted May 20, 2010, repealed § 7-24 and enacted a new section as set out herein. The former § 7-24 pertained to violations and penalties and derived from § 7-2.2 of the 1962 Code; and Ord. No. 542, § 2, adopted Feb. 23, 1978.