Chapter 518 JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE*

 

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Part 1. General Provisions

Subpart A. Title and Scope

Sec. 518.101. Title.

Sec. 518.102. Legislative intent and findings.

Sec. 518.103. Applicability.

Sec. 518.104. Saving clause.

Sec. 518.105. Authority to interpret; and to make, alter and repeal rules.

Subpart B. Definitions

Sec. 518.111. Definitions.

Subpart C. Enforcement Authority

Sec. 518.121. Enforcement Officer.

Sec. 518.122. Inspections.

Sec. 518.123. Right of entry; notice of inspection.

Sec. 518.124. Records.

Sec. 518.125. Restrictions on employees.

Sec. 518.126. Liability.

Subpart D. Violations

Sec. 518.131. Violation notices.

Sec. 518.132. Form and service of notice.

Sec. 518.133. Enforcement alternatives.

Sec. 518.134. Judicial proceedings.

Sec. 518.135. Vacating of declared building.

Sec. 518.136. Unlawful to occupy.

Sec. 518.137. Unlawful to remove placard.

Sec. 518.138. Unlawful to provide utility service.

Sec. 518.139. Unlawful to rent, lease or occupy.

Sec. 518.140. Unlawful to fail to provide notice to renters, lessees and purchasers of substandard property.

Sec. 518.141. Unlawful to refuse or restrict lawful entry.

Sec. 518.142. Access by owner or operator.

Subpart E. Collection, Settlement and Establishment of Rates and Charges

Sec. 518.145. Collection and settlement of nuisance abatement and demolition liens.

Sec. 518.146. Schedule of rates and charges.

Subpart F. Emergencies

Sec. 518.151. Emergencies.

Sec. 518.152. Lien against property.

Subpart G. Property Acquisitions

Sec. 518.161. Responsibility of property acquisitions.

Part 2. Improved or Unimproved Lots and Exterior Conditions of Residential and Commercial Properties

Sec. 518.201. Legislative intent and findings.

Sec. 518.202. Conditions prohibited and declared public nuisances; penalty.

Sec. 518.203. Junk and abandoned vehicle parking or storage prohibited.

Sec. 518.204. Failure to comply with order; penalties.

Sec. 518.205. Notice.

Sec. 518.206. Removal of junk and abandoned vehicles.

Sec. 518.207. Hearing.

Sec. 518.208. Termination of public nuisance.

Sec. 518.209. Lien for costs of termination, Nuisance Abatement Lien Record and notice.

Sec. 518.210. Finality and priority of lien.

Sec. 518.211. Payment and enforcement of lien and interest thereon.

Part 3. Unsafe Buildings and Structures

Sec. 518.301. Legislative intent and findings.

Sec. 518.302. Notice to owner.

Sec. 518.303. Hearing.

Sec. 518.304. Abatement by city.

Sec. 518.305. Notice of pending lien.

Sec. 518.306. Lien for costs of termination, Demolition Lien Record and notice.

Sec. 518.307. Finality and priority of lien.

Sec. 518.308. Payment and enforcement of demolition lien and interest thereon.

Sec. 518.309. Failure to comply with order unlawful; penalties.

Sec. 518.310. Permitted repairs.

Sec. 518.311. Closing streets, sidewalks, and other places.

Sec. 518.312. Junk and derelict property.

Sec. 518.313. Transfer of title.

 

Part 4. Property Standards

Subpart A. General

Sec. 518.401. Intent.

Sec. 518.402. Applicability.

Sec. 518.403. Compliance standards/permitted repairs.

Sec. 518.404. Vacant substandard property.

Sec. 518.405. Unlawful to fail to comply with order.

Subpart B. Minimum Conditions

Sec. 518.411. Applicability.

Sec. 518.412. Maintenance.

Sec. 518.413. Sanitation.

Sec. 518.414. Animal facilities.

Sec. 518.415. Accessory structures and fences.

Sec. 518.416. Stacking of materials.

Sec. 518.417. Plumbing facilities exterior.

Sec. 518.418. Septic tanks, grease traps and excavations.

Sec. 518.419. Foundation, walls and roof.

Sec. 518.420. Interior structure--Residential.

Sec. 518.421. Space, occupancy and maintenance requirements--Residential.

Sec. 518.422. Exterior structure--Commercial.

Sec. 518.423. Emergency egress in residential buildings.

Subpart C. Rooming Houses and Rooming Units

Sec. 518.431. Rooming houses and rooming units--General.

Subpart D. Mobile Homes

Sec. 518.441. Mobile homes--General.

Subpart E. Responsibilities of Owners and Occupants

Sec. 518.451. Responsibilities of owners and occupants.

Subpart F. Declaration of Unfitness for Human Occupancy

Sec. 518.461. Intent.

Sec. 518.462. Structures unfit for human occupancy.

Sec. 518.463. Notice.

Sec. 518.464. Posting of placard.

Sec. 518.465. Form of notice to owner.

Sec. 518.466. Form of notice to vacate.

Sec. 518.467. Service of notice to vacate upon occupant.

Sec. 518.468. Unlawful to occupy vacated property.

Sec. 518.469. Occupancy of building prohibited.

Sec. 518.470. Recovery of costs.

Subpart G. Appeals and Variances

Sec. 518.471. Appeals and variances.

Sec. 518.472. Forms for filing appeal or request for variance.

Part 5. Jacksonville Downtown Property Maintenance Code

Part I. Administration

Subpart A. Title and Scope

Sec. 518.500. Title.

Sec. 518.501. Construction with Remainder of Chapter 518, Ordinance Code.

Sec. 518.502. Part 5 as Remedial Legislation.

Sec. 518.503. Applicability.

Sec. 518.504. Maintenance.

Subpart B. Definitions

Sec. 518.510. Definitions.

Subpart C. Violations, Notices and Liability

Sec. 518.522. Vacant Substandard Buildings.

Sec. 518.523. Recording of Violation Notice.

Sec. 518.524. Notices and Orders Binding.

Sec. 518.525. Liability.

Subpart D. Severability, Saving Clause

Sec. 518.540. Severability.

Part II. Minimum Standards for Maintenance

Subpart A. Exterior Premises

Sec. 518.550. Hazards and Nuisances.

Sec. 518.551. Maintenance of Exterior Property Areas.

Subpart B. Exterior Structures

Sec. 518.560. Maintenance of Structure Exteriors.

Addendum A Rates and Fees

Addendum B Prosecution Penalties

 

PART 1. GENERAL PROVISIONS


SUBPART A. TITLE AND SCOPE


Sec. 518.101. Title.

The provisions embraced within the Parts, Subparts and Sections of this Chapter shall constitute, be known and be cited as the Jacksonville Property Safety and Maintenance Code.

(Ord. 96-458-297, § 1)


Sec. 518.102. Legislative intent and findings.

(a) The city finds and declares that there is a need to consolidate all existing Municipal Code provisions related to property safety and maintenance into one Chapter of the Ordinance Code; to assign the responsibility for the enforcement of the safety and maintenance provisions of this Chapter to the Municipal Code Compliance Division of the Environmental and Compliance Department; and to assign the functions of settlement, collection and inventorying of liens to the Administration and Finance Department and the Real Estate Division of the city's Public Works Department. There is also a need to create a uniform enforcement system for the violation of this Chapter of the Ordinance Code and to provide for minimum safety and maintenance standards for all commercial and residential properties within the City of Jacksonville.

(b) The city finds and declares public nuisances those conditions that endanger the public health and welfare or safety of the community; and it is within its police powers to declare any condition that endangers the general health, welfare and safety of the inhabitants a public nuisance, and the city is empowered to prevent, abate, and remove nuisances, to include not only the abating of an unsafe and unsanitary condition, but also the destruction and removal of any unsafe structure. The city further finds and declares that the abatement of the public nuisances provides a special benefit to the property in the form of added use and enjoyment which further enhances the value of the property. Therefore the debt associated with the city's action is a special assessment.

(c) There is a need to create a mechanism to bring most abandoned properties into productivity. Abandoned properties constitute a burden on city's resources and a waste of valuable city's assets. The city has concluded that the rehabilitation of abandoned or neglected properties is an important city objective.

(Ord. 96-458-297, § 1)


Sec. 518.103. Applicability.

(a) This Chapter shall apply to every building and portion thereof, and appurtenance thereto, and the premises on which it is situated, used or intended to be used, whether for commercial, business, institutional, industrial, multifamily or residential.

(b) This Chapter will also apply to any improved or unimproved lot or tract of land, notwithstanding its use, located within the City of Jacksonville.

(c) Every portion of a building and premises thereof shall conform to the requirements of the specific Part of this Chapter irrespective of the primary use of the building and irrespective of when the building may have been constructed, altered or repaired.

(d) This Chapter establishes certain minimum standards for the initial and continued occupancy, use and maintenance of all commercial, business, institutional, industrial, multifamily and single family residential buildings and structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of such buildings and structures, the premises, or the equipment or facilities maintained in the buildings or structures or on the premises. Where a provision of this Chapter is found to be in conflict with another applicable code or regulation, the provision that establishes the higher standard, as determined by the Chief, or the Building Codes Adjustment Board, shall prevail.

(Ord. 96-458-297, § 1)


Sec. 518.104. Saving clause.

This Code shall not affect violations of any other ordinance, code or regulation of the city existing prior to its adoption. The violations shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.

(Ord. 96-458-297, § 1)


Sec. 518.105. Authority to interpret; and to make, alter and repeal rules.

The Chief is authorized to interpret this Chapter and to make, alter and repeal rules in conformity to this Chapter he deems necessary to implement the requirements hereof, subject to the appeal process specified herein. All rules and interpretations shall be in writing and kept on file in the Chief's office.

(Ord. 96-458-297, § 1)


SUBPART B. DEFINITIONS


Sec. 518.111. Definitions.

In this Code, unless the context otherwise requires, the following terms or words listed in alphabetical order herein shall have the meaning contained below.

Words not defined in this Section shall be as defined in the building code or, if not defined in the building code, shall have their ordinarily accepted meanings.

Abandoned vehicle means a vehicle that does not bear a license plate, or if the displayed license plate is invalid, unless said vehicle is stored within a completely enclosed building or unless it is stored on a bona fide sales lot or an automobile storage yard or automobile wrecking yard, as those two terms are defined in Section 656.1601, Ordinance Code, which:

(a) Threatens or endangers public safety or welfare;

(b) Creates a blighting influence upon the neighborhood where the vehicle rests; or

(c) Is, or may reasonably become, infested or inhabited by rodents, vermin or animals, or may furnish a breeding place for rodents, vermin or animals.

Alter or alteration means a change or modification in construction or occupancy.

Apartment means a room or a suite of rooms occupied or which is intended or designed to be occupied as the residence of one individual, family or household for housekeeping purposes.

Apartment house means a building which is designed, built, rented, leased, let or hired out to be occupied or which actually is occupied as the residence of more than two families living independently of each other and doing their own cooking in the building, and shall include flats and apartments.

Approved means:

(a) Approved by the state or city official having jurisdiction by law with respect to the subject.

(b) Approved by the Chief of Property Safety or by a person designated by him to exercise this approval authority, in all other cases.

Area, as applied to the dimensions of a building, means the maximum horizontal projected area of the building at grade.

Attic story means a story situated wholly or partly in the roof and so designated, arranged or built as to be used for business, storage or habitation.

Basement means a story of a building or structure having one-half or more of its clear height below grade.

Blight, blighting influence or blighting factor means either: that which endangers life or property by fire or other causes or that which substantially impairs or arrests property values or the sound growth of the county or city and is a menace to the public health, safety, morals, or welfare in its present condition and use. This may include, but not be limited to, the following factors:

(a) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;

(b) Unsanitary or unsafe conditions;

(c) Deterioration of site or other improvements;

(d) Tax or special assessment delinquency exceeding the fair value of the land; and

(e) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area.

(f) Dilapidation of real or personal property.

Building or structure means that which is built or constructed, an edifice of any kind, or any piece of work artificially built or composed of parts joined together in some form. The terms 'building' or 'structure' shall be construed as if followed by the words 'or part thereof.' Accessory buildings, canopy, shelving, rack, and each and every type of portable equipment shall be considered buildings or structures within the meaning of the definition.

Chief shall mean Chief of Property Safety and such employees to whom shared authority has been delegated.

Deterioration shall mean the condition or appearance of a building or structure, characterized by holes, breaks, rot, crumbling, cracking, spalling, peeling, rusting, or other evidence of physical decay or neglect, excessive use, or lack of maintenance.

Dock shall mean a structure of wood, masonry or metal that extends from a shoreline over water and/or navigable waterways.

Dwelling means a building or mobile home which is wholly or partly used or intended to be used for living or sleeping by human occupants, whether or not the building is actually occupied or vacant; provided, that temporary housing, as defined in this Section shall not be regarded as a dwelling.

Dwelling unit means a room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

Emergency action means that action necessary to abate a condition posing an immediate threat to life or property within or relating to a building or structure.

Enforcement Officer shall mean the Chief of Property Safety or his duly authorized representative.

Existing building means a building, apartment house or rooming house, irrespective of when the building was constructed, altered or repaired.

Exit corridor means a corridor or passageway used as an integral part of the exit system. That portion of a corridor or passageway which exceeds the allowable distance of travel to an exit becomes an exit corridor or exit passageway.

Exit passageway means an enclosed hallway or corridor connecting a required exit to a street or other open space at ground level.

Exposed to public view shall mean any premises, or open space, or any part thereof, or any building or structure that may be lawfully viewed by any member of the public from a sidewalk, street, alleyway, or from any adjoining or neighboring premises.

Exterior premises shall mean those portions of a building or structure that are exposed to public view, and the open space of any premises outside of any building or structure erected thereon.

Extermination means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by using another recognized and legal pest elimination methods approved by the Chief.

Family means one individual living alone or two or more individuals living together, whether related to each other by birth or not, and having common housekeeping facilities.

Floor area means the area included within the surrounding walls of a building, exclusive of vent shafts and courts.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Grade, with reference to a building, means:

(a) When the curb level has been established, the mean elevation of the curb level opposite those walls that are located on or parallel with and within 15 feet of street lines.

(b) When the curb level has not been established, or all the walls of the building are more than 15 feet from the street lines, the average of the finished ground level at the center of all walls of a building.

Good state of repair shall mean and be a standard of maintenance that renders a building safe, serviceable, habitable, and possessed of a neat and orderly appearance.

Good working condition shall mean the item is fully operable for the use for which it was intended.

Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage space.

Historic district means a geographically definable area, urban or rural, (as designated by the appropriate federal, state or local authority) possessing a significant concentration, linkage or continuity of sites, buildings, structures, objects or areas, which are united by past events or aesthetically by plan or physical development, or a district may also be comprised of individual resources which are separated geographically, but are thematically linked by association or history.

Historic landmark means a specific object, site or building designated as historic by law.

Infestation means the presence, within or around a dwelling, of insects, rodents or other pests.

Inner court means an open unoccupied space bounded by the walls of the building, but located within the exterior walls of the building.

Inoperable when referring to a vehicle means incapable of being immediately driven, moved or pulled in the manner for which it was intended or designed.

Junk vehicle means an inoperable vehicle which:

(a) Threatens or endangers public safety or welfare;

(b) Creates a blighting influence upon the neighborhood where the vehicle rests; or

(c) Is, or may reasonably become, infested or inhabited by rodents, vermin or animals, or may furnish a breeding place for rodents, vermin or animals.

Junk vehicle removal means to physically remove a junk vehicle from private property by authorized wrecker service licensed to do business in the city.

Mobile home means a detached vehicular, portable structure built on a chassis, which is designed and used as a single-family dwelling unit and is constructed to be transported after fabrication on its own wheels upon streets or highways.

Multiple dwelling: See apartment house.

Multifamily residential building or structure shall mean a residential building or structure not used, or intended to be used, as a single-family residence.

Nuisance means any one or combination of the following:

(a) Any public nuisance known at common law or in equity jurisprudence or as provided by statute, administrative rule, or ordinances of the city, including this Chapter;

(b) Any attractive nuisance which may prove detrimental to health or safety;

(c) Physical conditions dangerous to human life or property, or detrimental to health, or detrimental to property values, or which tend to degrade the appearance of a neighborhood;

(d) Conditions relating to private or public property which impede the free passage of persons on a public or private sidewalk, or which impede ingress or egress to property; or which impede safe passage of vehicles on a public alley or street;

(e) Fire hazards.

Openable area means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator means a person who has charge, care or control of a building in which dwelling units or rooming units are let.

Ordinary minimum winter conditions means the temperature 20° Fahrenheit above the lowest recorded temperature for the previous 15-year period.

Owner means:

(a) The holder of the title in fee simple, whether a single person, a group of persons or one or more companies, associations or corporations whose name or names show in the records of the Property Appraiser.

(b) A person who alone or jointly or severally with others:

(1) Has legal title to a dwelling unit, with or without accompanying actual possession thereof.

(2) Has charge, care or control of a dwelling or dwelling unit, as owner or as personal representative, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, lessee or other person, firm or corporation in control of a building.

(3) The duly authorized agent of any of the foregoing.

Physical value means the actual cost of replacement of a building or structure with similar materials erected in a manner similar to the original construction.

Plumbing means the practice, materials and fixtures used in the installation, maintenance, and alteration of all piping, fixtures, appliances and appurtenances in connection with sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to a building, structure, or conveyance; and also the practice and materials used in the installation, maintenance, extension or alteration of stormwater, liquid-waste or sewerage and water supply systems of a premises to their connection with a point of public disposal or other acceptable terminal.

Premises shall mean building, structure and the grounds thereon situated.

Private property means real property not owned or used by a governmental body in the city but does not include a place licensed under Part 2, Chapter 185 and permitted under the Zoning Code to be used as a junk yard.

Property shall mean land and whatever is erected or growing upon, placed on, or affixed thereto.

Protective railings means handrails on an enclosed stairway and handrails and balusters on an unenclosed stairway, porch or other appurtenance.

Public area means an unoccupied open space adjoining a building and on the same property that is permanently maintained so as to be accessible to the Fire Operations Division or Rescue Division and free of all encumbrances that might interfere with its use by the Fire Operations Division or Rescue Division.

Repair means the replacement of existing work, in a workmanlike manner, with the same kind of material used in the existing work, not including additional work that would:

(a) Change the structural safety of the building.

(b) Affect or change required exit facilities or a vital element of an elevator, plumbing, gas piping, wiring or heating installation.

(c) Be in violation of the law.

The term repair shall not apply to a change of construction.

Required means required by some provision of this Code.

Residential occupancy buildings include buildings in which families live or in which sleeping accommodations are provided, and also includes dormitories. Residential occupancy buildings include dwellings, multiple dwellings and lodging houses.

Rooming house means a dwelling containing one or more rooming units or one or more dormitory rooms.

Rooming unit means a room or group of rooms forming a single habitable unit which is used or intended to be used for living and sleeping but not for cooking or eating purposes.

Rubbish means combustible and noncombustible waste materials, except garbage, and includes the residue from the burning of wood, coal, coke and other combustible material; paper, rags, cartons, boxes, wood excelsior, rubber and leather; tree branches and yard trimmings; tin cans, metals, mineral matter, glass and crockery; and dust.

Smoke detector means a device which detects visible or invisible particles of combustion. A single-station alarm device is an assembly incorporating a detector and an alarm sounding device in one unit, operated from a power supply either in the unit or obtained at the point of installation.

Stairway means one or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one story to another in a building or structure.

Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

Structure means that which is built or constructed, an edifice or building of any kind or a piece of work artificially built up or composed of parts joined together in some definite manner.

Substandard dwelling or structure means a dwelling, dwelling unit, multiple dwelling, apartment, apartment house or another space used or intended to be used as a habitable living space in a building or structure which does not meet the basic minimum requirements of this Chapter for the use.

Supplied means paid for, furnished or provided by or under the control of the owner or operator.

Temporary housing means a tent, trailer or structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to a utility system on the same premises for more than 30 consecutive days.

Unsafe building or unsafe structure includes the following buildings and structures:

(a) Those whose walls or other structural members sag, list, lean or buckle to such an extent that they are in danger of collapse.

(b) Those with structural members which are overloaded, or which have insufficient strength to be safe for the purpose used.

(c) Those damaged by fire, wind, deterioration, or other causes to such an extent that they are dangerous to the general health or safety of the occupants or the public.

(d) Those which are vacant and unguarded and open at doors or windows or which otherwise provide unrestricted access to the interior.

(e) Those having light, air or sanitation facilities which are inadequate to protect the general health or safety of the occupants.

(f) Those not having exits or fire protection required by the building code or the fire prevention code.

(g) Those having any piece, part or attachment which is so insecurely fixed as to be in danger of falling or being dislodged by the elements so that it may injure any person or property.

(h) Those which are in violation of the minimum housing code, building codes, electrical code or plumbing code of the city.

(i) Those of unfinished construction for which the building permit has expired.

(j) Those which constitute a fire or windstorm hazard.

(k) Those which have become or are so dilapidated, decayed, unsafe or unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those persons living therein.

(l) The remains, debris, walls, chimney or floors of or left from a building or structure which has partially or completely collapsed, fallen or been torn down.

(m) Any abandoned swimming pool, excavation or any septic tank which threatens or endangers the health, safety or welfare of the public.

Vehicle when used in this Chapter means a motor vehicle, travel trailer, and other vehicles required by the state to be licensed, which also included buses, mopeds, motorcycles, trucks, semi-tractors and/or trailers, go-carts, golf carts, and campers. This definition shall not include mobile or manufactured homes.

Ventilation means the process of supplying and removing air by natural or mechanical means to or from a space.

Yard means an open unoccupied space on the same lot with a building.

Whenever the word apartment, apartment house, dwelling, dwelling unit, rooming house, rooming unit or premises is used in this Code, it shall be construed as though it was followed by the words 'or a part thereof.'

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 1; Ord. 2002-1106-E, § 1)


SUBPART C. ENFORCEMENT AUTHORITY


Sec. 518.121. Enforcement Officer.

(a) It shall be the duty and responsibility of the Chief to enforce the provisions of this Chapter. The Chief is authorized to interpret this Chapter and to promulgate such rules in conformity to this Chapter as he deems necessary to implement the requirements and intent hereof, subject to the appeal process provided in Parts Two, Three and Four. The Chief is authorized to delegate to subordinate employees any authority and duty under this Chapter and such delegated employees shall have full authority to act in behalf of the Chief. All delegation of authority and duty shall be consistent with the qualifications required in the approved job descriptions of subordinates.

(b) The Director of Administration and Finance or his/her authorized representative shall be responsible for the development and continuous update of a uniform city lien inventory system, collection, settlement, write-off, and extinguishment of any special assessment lien under this Chapter. The Director of the Administration and Finance or his/her authorized representative and the Real Estate Officer shall be responsible for the administration of the Trust Funds as provided herein.

(c) The Director of Administration and Finance shall prescribe procedures for the collection, settlement and extinguishment of liens consistent with the provisions of this Chapter.

(Ord. 96-458-297, § 1)


Sec. 518.122. Inspections.

(a) The Chief, upon belief that a violation of this Chapter exists, may make an inspection to determine the conditions of a building, structure or premises in the interest of safeguarding the health, safety and general welfare of the public.

(b) If all or part of any building, structure or premises, or equipment or facilities thereof, shall be found by the Chief to be in such unsafe condition as to be in violation of Part 3 of this Chapter, he/she may condemn the same pursuant to this Chapter.

(c) The Chief may, upon request from a property owner or his duly authorized agent and upon payment of the inspection fee provided herein, make or cause to be made an advisory inspection of property owned by the requesting owner when the inspection is deemed, in the Chief's opinion, to be in the city's best interest. An advisory inspection shall not result in a notice of a violation except in cases where the inspection reveals conditions which constitute an immediate and serious threat to health or safety. Advisory inspections may not be made in lieu of regular complaint inspections or scheduled areawide inspections.

(d) Upon inspection of a dwelling or dwelling unit and a determination that the dwelling or dwelling unit is in compliance with the requirements of this Chapter, the Chief shall issue to the owner or the owner's agent a certificate of compliance. The Chief shall insert the following disclaimer in each certificate of compliance: This certificate of compliance states that the within described dwelling or dwelling unit is in compliance with the requirements of the Jacksonville Property Safety and Maintenance Code as of the date of inspection stated hereon. The City of Jacksonville does not warrant or guarantee that the dwelling or dwelling unit will be in compliance with the requirements of the Jacksonville Safety and Maintenance Code at any time subsequent to the date of inspection or that there are defects (hidden or otherwise) in the dwelling or dwelling unit which have not been uncovered in said inspection. The Chief has the authority to reinspect the dwelling at a time thereafter based upon either probable cause or complaint. At the time of a reinspection, if the Chief determines that a violation of this Code exists, he shall issue a notice of violation to the owner or occupant thereof, as appropriate, and the certificate of compliance shall become null and void.

(Ord. 96-458-297, § 1)


Sec. 518.123. Right of entry; notice of inspection.

(a) The Chief is authorized to enter any building, structure or premises at any reasonable time for the purpose of performing his duties under this Chapter. A reasonable time shall be deemed to be between the hours of 8:00 a.m. and 9:00 p.m., Monday through Saturday. If any owner, occupant or other person in charge of a building, structure or premises subject to the provisions of this Code refuses, impedes, inhibits, interferes with, restricts or obstructs lawful entry or access to any part of the building, structure or premises where an inspection authorized by this Chapter is sought, the Chief may seek an inspection warrant pursuant to Florida Law.

(b) At the time of inspection, the Chief shall properly identify himself and shall advise the occupant of his right to refuse entry to the nonpublic areas of the building, structure or premises. He shall further advise the occupant that an inspection warrant may be obtained if entry is refused.

(c) The Chief shall develop appropriate documents by which to serve notice in an area in which he intends to carry out a scheduled area wide inspection program. These documents shall include a notice to be delivered to each household or owner which shall include the following:

(1) A summary of the requirements of this Chapter for which an inspection is being made to determine compliance therewith.

(2) A statement advising the occupant or owner that entry for the purpose of inspection may be denied.

(3) A statement that a notice of violation issued pursuant to the inspection may be appealed to the city's Code Enforcement Board.

(d) At the time of inspection, the Chief or his authorized representative shall properly identify himself and shall advise the occupant or owner verbally of all the provisions of subsection (a) of this Section which were required to be included in the notice. Where the inspection is based upon a complaint or probable cause, a written notice of intent under this Section shall not be required.

(e) In cases of emergency where extreme hazards are known to exist which may involve the loss of life or severe property damage, the limitations of this Section shall not apply.

(f) The Chief, or his authorized representative, shall have the right of entry upon real property while in the discharge of his duties in removing, terminating or abating a public nuisance under this Chapter.

(Ord. 96-458-297, § 1)


Sec. 518.124. Records.

(a) The Chief shall keep, or cause to be kept, a record of the business done, inspections made and notices issued by the Property Safety Division.

(b) The Real Estate Officer shall keep records of any liens settled or extinguished under this Chapter.

(Ord. 96-458-297, § 1)


Sec. 518.125. Restrictions on employees.

No employee connected with the Property Safety Division or the Real Estate Division shall be financially interested in the furnishing of labor, material or appliances for the repair, alteration or maintenance of a building which may be required by this Chapter or in the making of plans or specifications therefor, unless he/she is the owner of the building. Notwithstanding the preceding, no employee connected with the Property Safety Division shall inspect in their official capacity any building in which he/she has either an ownership interest or has done repair work within the last year.

(Ord. 96-458-297, § 1)


Sec. 518.126. Liability.

An officer or employee of the city or a member of the city's Code Enforcement Board, any of whom is charged with the enforcement of this Chapter in the discharge of his duties, shall not thereby render himself personally liable and he/she is hereby relieved from all personal liability for damage that may accrue to persons or property as a result of an act required or in the discharge of his duties. A suit brought against an officer, employee or member permitted because of this Chapter shall be defended by the General Counsel until the final termination of the proceedings.

(Ord. 96-458-297, § 1)


SUBPART D. VIOLATIONS


Sec. 518.131. Violation notices.

Whenever the Chief determines that any building, structure or premises fails to meet the requirements set forth in this Chapter or in applicable rules promulgated pursuant to this Chapter, he/she shall issue a notice setting forth the alleged violations and advising the owner or other responsible party, as appropriate, that such violation must be corrected within a specified reasonable time.

(Ord. 96-458-297, § 1)


Sec. 518.132. Form and service of notice.

Notices of violation issued pursuant to this Chapter shall:

(a) Be in writing;

(b) Describe the building, structure or premises where the violations are alleged to exist or to have been committed, with sufficient specificity to identify both the place and the violations;

(c) Set forth the alleged violations of this Chapter or the applicable rules promulgated pursuant to this Chapter;

(d) Provide a reasonable time, not less than 24 hours, for the correction of any alleged violation;

(e) Include a statement that the owner and/or other responsible party shall be subject to the penalties provided in this Chapter in the event that the violations are not remedied within the time specified; and

(f) Be served upon the owner, owner's agent, or other responsible party, as appropriate, of the building, structure or premises personally or by certified mail addressed to the last known mailing address of the owner or other responsible party, or of the agent of the owner or other responsible party, as shown in the public records. Failure to give any notice as required by this Chapter to other persons included within the definition of the term 'owner,' as defined in Section 518.111, shall in no way affect the notice to the owner so notified. If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon the unfound person or persons by posting a notice in or about the building, structure or premises described in the notice or by causing such notice to be published in a daily newspaper of general circulation in the city once a week for three successive weeks.

(g) Be served in such other manner as authorized by law.

(Ord. 96-458-297, § 1)


Sec. 518.133. Enforcement alternatives.

(a) The provisions of this Chapter shall be enforced by any available method under law or equity, and shall not necessarily be limited to the specific procedures or methods specified under this Chapter.

(b) Violations of the provisions of this Chapter can be prosecuted through any administrative board with authority to impose administrative fines and civil penalties, for violations of the provisions of this Chapter or through any supplemental method established under the Ordinance Code, Florida Statutes, or common law.

(c) The Chief is authorized to issue a citation, a summons, or a notice to appear in County Court for a violation of this Chapter, provided the fine does not exceed $500.00 or the imprisonment does not exceed 60 days in a county detention facility or other facility as authorized by law. In the event the Chief decides to prosecute any violation of the provisions of this Chapter through the County Court, he/she shall request and be provided with legal assistance from the Office of General counsel. The appropriate legal representative shall have the final decision as to whether the violation shall be prosecuted. The penalties for the violations of the provisions of this Chapter shall be specified in Addendum 'B' to this Chapter.

(d) The city shall have the right to utilize any available method to obtain restitution for the cost of abating a nuisance under this Chapter to include, but not necessarily limited to, foreclosure of the lien, placing the special assessment on the tax roll pursuant to the uniform method of collecting nonad valorem assessment, or holding the property owner personally responsible for the cost of abating the nuisance on his property.

(e) Notwithstanding the above, the city shall also be authorized to obtain the assistance of the courts to remove, terminate or abate a public nuisance. In such cases, the Chief shall request and obtain legal representation from the Office of General Counsel, to commence and maintain the necessary action in the appropriate court to assist the Chief in carrying out its responsibilities under this Chapter. The action may encompass any or all of the following proceedings:

(1) To make application for an injunction or restraining order, whether temporary or permanent, to prevent a person from maintaining any of the conditions declared under this Chapter to be nuisances.

(2) To enjoin and abate the nuisance.

(3) To compel the performance of any act specifically required of any person to remove, terminate or abate a public nuisance.

(4) To authorize the city to remove the nuisance with city personnel or through a private contractor and to place a special assessment lien for the cost of removing the nuisance.

(Ord. 96-458-297, § 1)


Sec. 518.134. Judicial proceedings.

(a) Whenever, in the judgment of the Chief, it is necessary to obtain the assistance of the courts to remove, terminate or abate a public nuisance, and in all cases wherein the person in possession of the property whereon is located the public nuisance sought to be removed, terminated or abated has refused the Chief entry upon the property, he shall request the Office of General Counsel, to commence and maintain the necessary action in the appropriate court to assist the Division in carrying out its responsibilities under this Chapter. The action may encompass any or all of the following proceedings:

(1) To make application for an injunction or restraining order, whether temporary or permanent, to prevent a person from maintaining or continuing to maintain any of the conditions declared public nuisances under this Chapter.

(2) To enjoin and abate the public nuisances declared under this Chapter.

(3) To compel the performance of any act specifically required of any person to remove, terminate or abate a public nuisance.

(4) To empower the Chief or his designated representative to enter upon property whereon a public nuisance exists or is maintained for the purpose of removing, terminating or abating the nuisance and to prevent the person in possession of the property from interfering with the Chief while exercising this power in accordance with the court's order.

(b) The judicial remedies authorized to be sought by this Section are in addition to the power of the Chief to terminate public nuisances. The Chief shall, as much as possible, terminate public nuisances without recourse to the courts.

(c) Whenever the Chief shall have contracted with a private contractor to terminate a public nuisance the remedies herein authorized to be sought for the Chief may be sought for the Chief on behalf of the private contractor, to the extent they are necessary to enable the private contractor to terminate the public nuisance.

(Ord. 96-458-297, § 1)


Sec. 518.135. Vacating of declared building.

Any building or structure declared unsafe and so designated and placarded by the Chief, shall be vacated within 30 days after notice of condemnation has been given by the Chief to the owner and occupant of the building or structure.

(Ord. 96-458-297, § 1)


Sec. 518.136. Unlawful to occupy.

It shall be unlawful to occupy or cause to be occupied any building or structure which has been condemned pursuant to this Chapter until such building or structure has been made to comply in every respect with the order and notice of violation issued pursuant to the condemnation.

(Ord. 96-458-297, § 1)


Sec. 518.137. Unlawful to remove placard.

It shall be unlawful for a person to deface or remove the placard from a building or structure placarded pursuant to this Part, except by written authorization from the Chief.

(Ord. 96-458-297, § 1)


Sec. 518.138. Unlawful to provide utility service.

It shall be unlawful for any person, by act or omission, to cause utility service to continue or to be reconnected to a property which remains in violation of this Chapter after a notice of violation has been issued when such continuance or reconnection of utility service involves a change in occupancy, or reoccupancy, of the property. Notwithstanding, the Chief may authorize temporary utility service for the purpose of repairing or altering a property to bring it into compliance with this Chapter. Notification of noncompliance and temporary authorization for utility service shall be in writing or through computer communication with utility companies. Any inspections required for authorization of utility service shall be special service inspections and subject to a fee per the fee schedule provided herein.

(Ord. 96-458-297, § 1)


Sec. 518.139. Unlawful to rent, lease or occupy.

It shall be unlawful for any owner, lessor or landlord, or any agent for any owner, lessor or landlord, to cause or permit the occupancy of any vacant property which has been cited for violations of this Chapter and which remains in violation, unless given prior written approval by the Chief.

(Ord. 96-458-297, § 1)


Sec. 518.140. Unlawful to fail to provide notice to renters, lessees and purchasers of substandard property.

It shall be unlawful for any person who sells, leases or rents a property or premises with respect to which a violation notice has been issued pursuant to this Chapter, and which remains in violation of this Chapter, to fail to tender a copy of the violation notice to the prospective purchaser, lessee or renter of such property prior to the time any interest in the property passes to the purchaser, lessee or renter.

(Ord. 96-458-297, § 1)


Sec. 518.141. Unlawful to refuse or restrict lawful entry.

It shall be unlawful for any person to refuse, impede, inhibit, interfere with, restrict or obstruct lawful entry or access to any part of a property or premises where an inspection authorized by this Chapter is sought.

(Ord. 96-458-297, § 1)


Sec. 518.142. Access by owner or operator.

Every occupant of a property subject to regulation by this Chapter shall give the owner or operator thereof, or his agent or employee, lawful access to any part of the premises, at reasonable times, for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Chapter. It shall be unlawful to refuse such access.

(Ord. 96-458-297, § 1)


SUBPART E. COLLECTION, SETTLEMENT AND ESTABLISHMENT OF RATES AND CHARGES


Sec. 518.145. Collection and settlement of nuisance abatement and demolition liens.

(a) The Director of Administration and Finance shall prepare a system of inventory control, record billing, collection, settlement, write-off and extinguishment of all nuisance abatement, demolition, code enforcement or any other type of city lien. The inventory system shall contain, but not be limited, to the following information:

(1) Invoice number;

(2) Real Estate number of the property as described in the Property Appraiser's and Tax Collector's records;

(3) Location of the property;

(4) Owner of the property;

(5) Time the lien was placed;

(6) Amount of the lien;

(7) Lien number;

(8) Address of property owner.

(b) The Director of Administration and Finance or his/her authorized representative shall be authorized to use whatever means are available under this Chapter or law to collect the unpaid liens. Collection methods shall include, but not necessarily be limited to:

(1) Foreclosure of the lien, including methods set forth in F.S. Ch. 173;

(2) Placing the unpaid lien on the nonad valorem tax assessment roll pursuant to F.S. § 197.3635;

(3) Filing a lawsuit against the property owner for the value of the lien;

(4) Referring the lien to a collection agency;

(5) Referring the uncollected lien to outside counsel when the General Counsel's Office has authorized such procedure.

(c) The Director of Administration and Finance, with the concurrence of the Real Estate Officer shall be authorized to settle any lien for less than its face amount on following the procedures set forth in Part 3, Chapter 112, for settlement of claims and suits.

(d) In exceptional circumstances, when the property has been abandoned, is heavily encumbered with liens and constitutes a blighting influence, the Director of Administration and Finance, with the concurrence of the Real Estate Officer, shall be authorized to extinguish the lien in consideration for the rehabilitation of the property to conform with the minimum standards of this Chapter. The extinguishment of the lien shall in no circumstance take effect until the property has been rehabilitated to the satisfaction of the Chief.

(Ord. 96-458-297, § 1; Ord. 2003-379-E, § 1)


Sec. 518.146. Schedule of rates and charges.

(a) The Chief shall, from time to time, cause to be prepared a current schedule of rates, charges and costs that may be assessed by the city using its own equipment and personnel for abatement of public nuisances as provided in this Chapter and shall ensure that the schedule of charges be incorporated as an Addendum 'A' to this Chapter.

(b) In addition to the actual cost of remedying the violation or abating the nuisance, the city may also assess a charge to cover administrative expenses incurred in securing and monitoring the services of a private contractor to abate the nuisance and all other expenses associated with the abating of the nuisance. Such administrative charges shall be reviewed on a yearly basis and submitted to the City Council for approval.

(Ord. 96-458-297, § 1)


SUBPART F. EMERGENCIES


Sec. 518.151. Emergencies.

(a) Notwithstanding any other requirements of this Chapter, when, in the opinion of the Chief, an emergency exists which requires immediate action to protect the health, safety or general welfare of the public or occupants of a property, the Chief shall take that action which he deems appropriate to abate the conditions which threaten the health, safety or general welfare of the public or occupants. The action may require the purchase of materials and labor adequate to render the property temporarily safe. When temporary measures are inadequate, the property may be demolished provided notice procedures prescribed in this Section have been instituted. In these cases, the Chief may order repairs to be made and the occupants to vacate the property immediately, as the case may be.

(b) Whenever the Chief finds that a property constitutes a hazard to the health, safety or general welfare of the occupants or public, and deems it appropriate to declare that an emergency exists, he/she shall be authorized to enter the premises and take whatever action is appropriate to correct the condition. In such event, the Chief shall be authorized to enter the premises, with or without notice or permission of the occupant or owner.

(c) The property owner shall be given notice as immediately as possible regarding such work, and the fixing of the lien therefor, however, this notice shall not cause for holding up city work to abate any extreme and imminent public safety hazard. Whether or not the notice is sent prior, during, or after the city work, the notice shall state that the property owner shall have an opportunity to contest the determination to do the emergency work and the charges therefor, upon appeal of such determination within 30 days to the Building Codes Adjustment Board. When the city work includes demolition of structure(s), the notice shall also include mortgage and lienholders.

(Ord. 96-458-297, § 1)


Sec. 518.152. Lien against property.

The entire cost of the repair, demolition or clearance of the site under the emergency action shall be a special assessment lien as provided in Part Three of this Chapter. The Chief shall follow the lien procedures stated in Sections 518.305 and 518.306 when abating a public nuisance under an emergency action.

(Ord. 96-458-297, § 1)


SUBPART G. PROPERTY ACQUISITIONS


Sec. 518.161. Responsibility of property acquisitions.

(a) The Real Estate Officer and the Director of Administration and Finance shall be authorized to utilize and administer budgeted or appropriated funds for the purpose of purchasing properties in the 'Tax Collector's available land,' maintenance of city's properties acquired through any method specified in this Chapter (including those which escheat to the city upon being in the list of available lands for the maximum time allowed by law) and for abatement of public nuisances as approved by the Director of Administration and Finance and the Real Estate Officer.

(b) Acquisition of properties shall be performed under the following circumstances:

(1) Interested person has entered into a contract with the city for the rehabilitation of the property in accordance with the minimum standards specified in this Chapter.

(2) The person interested in rehabilitating the property has provided evidence of available funds for the rehabilitation of the property in the form of a loan commitment from a financial institution or private party.

(3) The interested person has agreed to pay the cost of city's acquisition of the property in a period not to exceed ten years, at a yearly interest to be determined by the Director of Administration and Finance.

(c) In the event the conditions stated in subsection (a) have been met, the Real Estate Officer, with the approval of the Director of Administration and Finance shall purchase the property in the 'Tax Collector's Land Available' for the minimum bid price and deed the property to interested party, subject to a first mortgage for the amount of the acquisition cost.

(d) The Real Estate Officer, with the approval of the Director of Administration and Finance, shall also be authorized to settle or extinguish any demolition or nuisance abatement lien in the acquired property in consideration for the rehabilitation of the property. The extinguishment or settlement of the lien shall not be effective until the property has been completely rehabilitated.

(Ord. 96-458-297, § 1)

 


 

 

PART 2. IMPROVED OR UNIMPROVED LOTS AND EXTERIOR CONDITIONS OF RESIDENTIAL AND COMMERCIAL PROPERTIES

Sec. 518.201. Legislative intent and findings.

The accumulation of underbrush, weeds, rubbish, trash and grass as well as the creation of pools, ponds or other bodies of water or structures which endangers the public health, welfare or safety of the community, constitutes a nuisance and the city acting through the Chief shall have the authority to abate the same in the manner hereinafter provided. The abatement of such nuisance enhances the value of the property, involves furnishing of vital services and constitutes a special assessment.

(Ord. 96-458-297, § 1)


Sec. 518.202. Conditions prohibited and declared public nuisances; penalty.

The following described conditions occurring or being upon any lot, tract or parcel of land improved or unimproved, within 100 feet of any improved property on which there exists a building, structure or other premises occupied by people within the city, or on any lot or parcel of land irrespective of its distance from any structure when the Chief determines on a case by case basis, to the extent and in the manner that the lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety or welfare, or may reasonably cause disease, are each hereby prohibited and declared to be a public nuisance:

(1) An excessive accumulation or untended growth or weeds, grass, underbrush or undergrowth, or other noxious vegetation (but not including trees, plants or other vegetation protected by state law).

(2) A building, structure, premises or other place which provides uncontrolled breeding places, protection or shelter for rodents, vermin or other pests.

(3) A wholly or partially manmade pool, pond or other body of water, which tends to produce disease vectors, biting insects, pests or the like. In addition, in the case of swimming pools, water quality and clarity may be declared a threat to or endangerment of public health and safety when the clarity of the pool water is such that the main drain grate is not completely visible to a person standing on the pool deck, or the recirculation system or disinfection feeding equipment is missing or not functioning.

(4) An obstruction or diversion of the natural or artificial flow of water, whether by dams, blocks or other means, which tends to produce or results in the stagnation of water, except for the filling or excavation of land located in or bordering on navigable waters of the state, if the activities are then regulated by F.S. Ch. 253, Chapter 654, Ordinance Code or other applicable laws.

(5) Garbage, trash, rubbish or debris.

(6) Junk or abandoned vehicles.

(7) An unsafe or unsanitary condition not included within the meaning of the other terms as used herein which endangers the public health, welfare or safety of the community.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2; Ord. 2002-1106-E, § 2; Ord. 2002-1301-E, § 1)


 

Sec. 518.203. Junk and abandoned vehicle parking or storage prohibited.

No person in charge or control of any property within the city whether as owner, tenant, occupant, lessee or otherwise, shall allow any junk or abandoned vehicle to remain on any private or public property within the city longer than 15 days; and no person shall leave any such vehicle on any property within the city for a longer time than 15 days; except that this article shall not apply to a vehicle on the premises of a business enterprise licensed and operated in a lawful place and manner, to repair vehicles with current license or those places where active restoration is taking place and both activities are taking place within a closed building.

(Ord. 98-496-E, § 2; Ord. 2002-1106-E, § 3)


Sec. 518.204. Failure to comply with order; penalties.

A person who violates or procures or acquiesces in a violation of the provisions of this Part, or a person who fails to comply with an order issued pursuant to this Part by the Chief or the Building Codes Adjustment Board, shall, upon conviction thereof, be guilty of a class C offense. A separate offense shall be deemed committed for each 15 days that a violation of this Chapter continues. The penalties for each type of offense shall be contained in Addendum 'B' to this Chapter.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2)


Sec. 518.205. Notice.

(a) Whenever the Chief finds any one or more of the conditions set forth in Section 518.202 to exist, he/she shall cause a notice to be posted on the property upon which the public nuisance exists. The posted notice shall state:

(1) A description of the public nuisance.

(2) The time period allowed for termination.

(3) The time period allowed for a written petition for an appeal to the Building Codes Adjustment Board.

(4) That termination of the public nuisance by the city shall cause a special assessment and lien for the total costs thereof to be placed on the property.

(5) That the owner, custodian, agent, lessee, trustee or occupant of the property is subject to prosecution for violation of Chapter 518 of the property.

(6) That the person is subject to prosecution for violation of Chapter 518 of the Ordinance Code.

(7) That the city, notwithstanding the above, reserves the right to proceed with an action foreclosing the lien placed against the property upon which the nuisance existed, to hold the owner of the property personally liable for the cost of correcting the offending condition, or/and to place the lien on the Tax Collector's roll for collection purposes.

(b) The mailing of the notice shall be sufficient proof thereof, and the delivery or service of notice shall be equivalent to mailing. For the purpose of notice requirements to a property owner, the owner shall be deemed to be the owner recorded on the current tax records in the office of the Property Appraiser. If the mailing address of the person is not known to the Chief or the records do not reveal a change of ownership of the property involved or the property is unoccupied, the posted notice on the property shall constitute sufficient notice to the owner, custodian, agent, lessee, trustee or occupant thereof and no additional notice shall be required for any action hereunder.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2)


 

Sec. 518.206. Removal of junk and abandoned vehicles.

Junk and abandoned vehicles remaining on property beyond the time limits specified in this Chapter shall be removed by private contract, taken to an authorized storage location and then stored and disposed of in accordance with state law.

(Ord. 98-496-E, § 2; Ord. 2002-1106-E, § 4)


Sec. 518.207. Hearing.

Within 15 days after the date of mailing the notice as provided in Section 518.205, or the delivery, service or posting thereof, as the case may be, the owner, custodian, agent, lessee, trustee or occupant of the property involved, not including junk or abandoned vehicles, shall have the right to make written petition for a hearing before the Building Codes Adjustment Board. Thereafter, the Board shall promptly arrange a time for the hearing and provide appropriate notice thereof to the petitioner, who may appear to show:

(a) That the public nuisance does not exist or why the public nuisance does not threaten or endanger the public health, welfare or safety.

(b) Why the public nuisance cannot be terminated within 15 days.

(c) Why the public nuisance should not be removed, terminated and abated by the city and a special assessment and lien placed on the property.

At the hearing, the city and the petitioner may introduce witnesses as deemed necessary.

When the public nuisance involves a junk or abandoned vehicle, the hearing provisions specified in Section 670.106, Ordinance Code shall apply.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2; Ord. 2002-1106-E, § 5)


Sec. 518.208. Termination of public nuisances.

If the public nuisance is not terminated by the person within 15 days from the date of notice, or if a hearing has not been requested pursuant to Section 518.207, Ordinance Code, or within the time period established by the Board or Special Master, as provided in Section 670.106, Ordinance Code, if the Board or Special Master orders removal, termination or abatement thereof, the Chief shall either refer the case to the Municipal Code Enforcement Board as a violation of this Chapter, or cause the condition to be terminated by the city; provided, that, when a public nuisance is of a magnitude or degree that the city's equipment and personnel cannot safely or completely terminate it, the Chief may contract with a private contractor to terminate it on behalf of the city.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2; Ord. 2002-1106-E, § 6)


Sec. 518.209. Lien for costs of termination, Nuisance Abatement Lien Record and notice.

The total expense, including administrative costs, incurred by the city in causing a public nuisance to be terminated under this Chapter shall be a special assessment and lien upon the property upon which the public nuisance was terminated. The Chief shall have a nuisance abatement cost statement and invoice thereof prepared. The Chief may, at his discretion, mail the invoice or furnish to the Tax Collector the statement and invoice. The Tax Collector, shall:

(a) Upon receipt of the statement, cause the lien to be entered in a record which shall be prepared and kept for that purpose and kept open for public inspection during reasonable office hours in the office of the Tax Collector, labeled Nuisance Abatement Lien Record, showing the amount of the cost, the date of completion of the work and a legal description of the property and real estate appraiser number upon which the lien is placed.

(b) Upon the entry of the lien in the Nuisance Abatement Lien Record, cause a copy of the lien statement and invoice, if provided by the Chief, to be mailed to the owner, custodian, agent, lessee, trustee or occupant of the property and a notice of assessment and lien to be published one time in a daily newspaper regularly published and in general circulation in the city, which notice shall show the nature of the assessment and lien, the amount thereof and a legal description of the property affected thereby.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2)


Sec. 518.210. Finality and priority of lien.

The lien shall be effective and final against the real property upon which the work has been done from the time of entry in the Nuisance Abatement Lien Record. Liens in the Nuisance Abatement Lien Record shall take priority as of the time of entry therein. Any lien granted pursuant to this Chapter shall be enforceable and continue in full force for 20 years after the date the lien is entered into the Nuisance Abatement Lien Record or discharged by payment.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2)


Sec. 518.211. Payment and enforcement of lien and interest thereon.

A lien provided for in this Chapter may be paid within 180 days after the publication of the notice of assessment and lien as provided in Section 518.208 without interest. Thereafter, the amount of the lien, including administrative costs and cost of publication of notice of assessment and lien, together with interest at the rate of 12 percent per annum commencing from the date of filing of the lien, and costs of collection, shall be a lien against the property and shall be collected and enforceable in the same manner as is provided by law for the enforcement of other taxes or special assessment liens levied upon the property. Such nuisance abatement liens shall be prior in dignity to all other liens or encumbrances of any kind against the property, except the liens of the state, county and city for taxes, which shall be of equal dignity with the special assessment lien for nuisance abatement.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2)


PART 3. UNSAFE BUILDINGS AND STRUCTURES


Sec. 518.301. Legislative intent and findings.

The city declares every unsafe building or structure, as defined under Section 518.111, to be a public nuisance and subject to regulation. The city pursuant to authority granted by law is empowered to make regulations and take actions to promote the general health, welfare and safety of the inhabitants and to present, abate and remove nuisances, to regulate the erection of buildings and all other structures, to compel the owner to provide and maintain fire escapes and other safety features, and to provide fire districts or zones and building zones; and to prohibit, regulate or suppress, or provide for the destruction and removal of any building or other structure which may be or become dangerous or detrimental to the public.

(Ord. 96-458-297, § 1)


Sec. 518.302. Notice to owner.

(a) Whenever the Chief finds any building or structure to be unsafe, he/she shall serve notice of such finding upon the owner, owner's agent, lessee, mortgagee and occupant as provided in this Section and shall order such unsafe building or structure, or portion thereof, to be made safe by repair or restoration or to be demolished and removed. The notice and order shall be written and shall include:

(1) The street address, if any, of the unsafe structure and a legal description of the property upon which the unsafe structure is located;

(2) A description of the building or structure or portion thereof deemed unsafe;

(3) A statement of the particulars in which the building or structure or portion thereof is unsafe;

(4) A reasonable time, to be not less than 30 days or the date set for a hearing whichever shall first occur, for compliance with the order;

(5) A statement that the city shall have the right to demolish the building or structure without further notice if the offending conditions are not remedied within the time required;

(6) That any repairs or demolition performed by the city shall cause a special assessment and lien to be placed for the total costs thereof and administrative fee.

(7) A statement that the owner shall be subject to penalties provided in this Chapter if the offending conditions arc not remedied within the time required; and

(8) That the city, notwithstanding the above, reserves the right to proceed with an action foreclosing the lien placed against the property upon which the nuisance existed, to hold the owner of the, property personally liable for the cost of correcting the offending condition, or placing the lien on the tax rolls for collections purposes.

(9) A statement of the right of appeal as provided in this Chapter.

(b) The notice and order required by this Section shall be mailed by certified mail to each owner, lessee, occupant and mortgagee of the structure as shown by the public records of Duval County, and shall also be mailed to the owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll. A notice containing as a minimum the following shall be posted upon the building or structure or conspicuously displayed upon the premises to which it relates:

CONDEMNED

This building or structure is unsafe and subject to being demolished pursuant to notice and order from the Property Safety Division. The owner is subject to prosecution for failure to comply with such notice and order. It is unlawful to mutilate or remove this notice until such notice and order is complied with.

(c) If one or more persons to whom the notice required by this Section is addressed cannot be found after diligent effort to do so, service may be made upon the unfound person or persons by causing the notice to be published, in a daily newspaper of general circulation published in the city, once a week for three consecutive weeks.

(d) Notwithstanding the requirements of subsections (a), (b) and (c) of this Section, whenever the Chief determines that a violation of this Chapter exists and the violation is dangerous enough to require immediate action, or the violation is not dangerous enough to require condemnation of the entire structure or premises, the Chief may serve upon the person or persons responsible for the violation a written notice or order in the form of a citation which sets forth the nature of the violation charged or the action ordered, the Sections of the Ordinance Code violated or authorizing the order, the date delivered and specifying the time within which the citation must be complied with.

(Ord. 96-458-297, § 1)


Sec. 518.303. Hearing.

Within 15 days after the date of mailing the notice as provided in Section 518.302 or the delivery, service or posting thereof, as the case may be, the owner, custodian, agent, lessee, trustee or occupant of the property involved shall have the right to make written petition for a hearing before the Building Codes Adjustment Board. Thereafter, the Board shall promptly arrange a time for the hearing and provide appropriate notice thereof to the petitioner, who may appear to show:

(a) That the structure is not unsafe or why the public nuisance does not threaten or endanger the public health, welfare or safety.

(b) Why the public nuisance cannot be terminated within the time specified in the notice.

(c) Why the public nuisance should not be removed, terminated and abated by the city and a special assessment and lien placed on the property.

At the hearing, the city and the petitioner may introduce witnesses as deemed necessary.

(Ord. 96-458-297, § 1)


Sec. 518.304. Abatement by city.

In the event the unsafe structure is not demolished or the repair or other work is not performed within the time and as required by the Chief or the Building Codes Adjustment Board, the Chief shall cause the demolition or repair or other work, including, but not limited to, boarding to be performed by independent contractors, city employees, or such other qualified means as available. The Chief may also initiate prosecution for violation of this Chapter. The Chief may temporarily defer demolition or repair work when it is in the best interest of the city to do so. Such deferral shall be documented in the property file explaining the reasons for the deferral. Furthermore, no historic landmark or contributing structure which lies within an historic district (as designated by the appropriate federal, state or local authority) and which has been declared unsafe, except those structures which have been defined to be unsafe pursuant to Section 518.111 (unsafe building or unsafe structure) (c), (k), (l) or (m), shall be demolished by the city until the Chief has received approval of such proposed demolition from the Jacksonville Historic Preservation Commission (Commission), pursuant to Section 307.113, Ordinance Code.

(Ord. 96-458-297, § 1)


Sec. 518.305. Notice of pending lien.

At the time the Chief authorizes the demolition, repair or other work to proceed, he/she shall cause a notice of pending lien to be filed in the public records of Duval County. The notice of pending lien shall indicate that the city is proceeding with work pursuant to this Chapter and will claim a lien against the property described in the notice. The notice of pending lien shall contain a legal description of the property against which the lien will be claimed, the name of the owner and the amount of the lien to be claimed. The Chief is authorized to execute and file notices and to cancel them of record upon payment of the lien. The purpose of the filing of the notice of pending lien is to furnish public notice of the pendency of a lien under this Chapter, but the validity of any lien claimed by the city shall not be affected by the failure to file a notice of pending lien with respect thereto.

(Ord. 96-458-297, § 1)


Sec. 518.306. Lien for costs of termination, Demolition Lien Record and notice.

The total expense, including administrative fee and title search, incurred by the city in causing a public nuisance to be terminated under this Chapter shall be a special assessment and lien upon the property upon which the public nuisance was terminated. The Chief shall have a statement of cost and invoice thereof prepared. The Chief may, at his discretion, mail the invoice or furnish to the Tax Collector the statement and invoice. The Tax Collector, shall, upon receipt of the statement:

(a) Cause the lien to be entered in a record which shall be prepared and kept for that purpose and kept open for public inspection during reasonable office hours in the office of the Tax Collector, labeled Demolition Lien Record, showing the amount of the cost, the date, of completion of the work and a legal description of the property and real estate appraiser number upon which the lied is placed.

(b) Upon the entry of the lien in the Demolition Lien Record, cause a copy of the lien statement and invoice, if provided by the Chief, to be mailed to the owner, custodian, agent, lessee, trustee or occupant of the property and a notice of assessment and lien to be published one time in a daily newspaper regularly published and in general circulation in the city, which notice shall show the nature of the assessment and lien, the amount thereof and a legal description of the property affected thereby.

(c) The owner or mortgagee or lessee of record of the real property affected by a notice of assessment and lien shall have the right, at any time within 30 days after the publication of the notice, to present to the Chief a sworn petition stating his interest in the property and alleging that, in the opinion of the petitioner, the amount of the lien exceeds the actual cost incurred by the city or is otherwise erroneously entered and to be heard upon such petition. If it shall appear to the Chief from a consideration of the petition and inquiry into the facts that the cost as entered is erroneously stated or exceeds the actual cost incurred by the city, then the Chief shall certify these findings to the Director of Administration and Finance. After receiving this certification, the Director of Administration and Finance shall cause the entry of the notice of assessment and lien in the Demolition Lien Record to be corrected by the Tax Collector and shall fix such amount to be charged against the real property as may be just and proper; and the amount as fixed shall stand as the amount of such lien.

(d) In all cases where no petition shall have been filed as herein provided within the 30 days after the publication of the notice by the Tax Collector, the cost of work as entered in the Demolition Lien Record shall become a fixed lien on the real property. The lien shall be effective against the real property upon which the work has been done from the time of the entry in the Demolition Lien Record, and shall not become final until the amount thereof has been fixed as aforesaid. Liens in the Demolition Lien Record shall be superior to all other liens except liens for taxes, and other special assessment liens imposed by the city.

(Ord. 96-458-297, § 1)


Sec. 518.307. Finality and priority of lien.

The lien shall be effective and final against the real property upon which the work has been done from the time of entry in the Demolition Lien Record. Liens in the Demolition Lien Record shall take priority as of the time of entry therein. Any lien granted pursuant to this Chapter of the Ordinance Code shall be enforceable and continue in full force for 20 years after the date the line is entered into the Demolition Lien Record or discharged by payment.

(Ord. 96-458-297, § 1)


Sec. 518.308. Payment and enforcement of demolition lien and interest thereon.

A lien provided for in this Chapter may be paid within 180 days after the publication of the notice of assessment and lien as provided in Section 518.307 without interest. Thereafter, the amount of the lien, including administrative costs and cost of publication of notice of assessment and lien, together with interest at the rate of 12 percent per annum commencing from the date of filing of the lien, and costs of collection, shall be a lien against the property and shall be collected and enforceable in the same manner as is provided by law for the enforcement of other taxes or special assessment lien levied upon the property. Such demolition liens shall be prior in dignity to all other liens or encumbrances of any kind against the property, except the liens of the state, county and city for taxes, which shall be of equal dignity with the special assessment lien provided herein.

(Ord. 96-458-297, § 1)


Sec. 518.309. Failure to comply with order unlawful; penalties.

A person who violates or procures or acquiesces in a violation of the provisions of this Part or a person who fails to comply with an order issued pursuant to this Part by the Chief or the Building Codes Adjustment Board shall, upon conviction thereof, be guilty of a class D offense. A separate offense shall be deemed to have been committed for each 15 days that a violation of this Chapter continues.

(Ord. 96-458-297, § 1)


Sec. 518.310. Permitted repairs.

(a) When a building or structure has been cited for being in violation of this Part the violator may:

(1) Provide temporary repairs by securing and sealing the property provided such action will eliminate or cure all unsafe elements and will not constitute a blighting influenced as defined under Section 518.111(9).

(2) Repair the unsafe elements cited by the Chief.

(b) If the violator chooses to provide temporary repairs by securing and sealing the property, as stated hereinafter, he/she shall notify and obtain approval from the Chief for the temporary repairs. The Chief, when approving temporary repairs in the form of securing and sealing, shall state a reasonable time in which permanent repairs shall be made to the property. If permanent repairs are not made within the stipulated time, the Chief can cite the property for being in violation of this Part and take the necessary action to abate the nuisance.

(c) An unsafe building or structure, or part thereof, may be repaired and restored, but if the damage or cost of reconstruction or restoration as evidenced by the bid of a contractor licensed to do business in the city is in excess of 50 percent of the just value of the building or structure, as this term is defined by statute for Property Appraisers, such building or structure, if reconstructed or restored, shall be made to conform in all respects to requirements of the Chapters or ordinances of the city applicable to new buildings or structures.

(d) When a building or structure is unoccupied and is unsafe because it is vacant, unguarded and open at doors or windows, or otherwise provides access to the interior, the Chief may approve the temporary securing of the building or structure. Materials or methods for securing the building or structure shall be as follows:

(1) Windows and doors shall be repaired or replaced, closed and locked to prevent unauthorized entry. Other openings shall be sealed with solid sheathing, consisting of one-inch boards or minimum 1/2-inch exterior grade plywood or equivalent, securely nailed in place with 8d nails and painted a similar color as the main structure; or

(2) Windows, doors and other openings shall be secured by covering same with solid sheathing consisting of one-inch boards or minimum 1/2-inch exterior grade plywood or equivalent, securely nailed in place with minimum 8d nails and painted a similar color as the main structure. Where there is no frame or where the frame is loose or defective, a subframe of two by four-inch lumber shall be provided to secure the sheathing.

(3) The Chief may approve alternatives to the above methods, providing the alternatives are equivalent to the above in strength.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2)


Sec. 518.311. Closing streets, sidewalks, and other places.

The Chief may (with notice to traffic engineer), when necessary to perform his duties under this Chapter or to insure the public safety, temporarily close sidewalks and streets or portions thereof, and buildings, structures and places adjacent thereto, and prohibit them from being used. The safety code enforcement personnel shall be exempt from the parking regulations of the city when engaged in the inspection of structures or abatement of unsafe conditions pursuant to this Chapter.

(Ord. 96-458-297, § 1)


Sec. 518.312. Junk and derelict property.

It shall be unlawful to allow the accumulation of junk, trash, debris and other derelict property on premises where a structure has been declared unsafe pursuant to this Chapter, and the Chief may have such items removed along with the structure.

(Ord. 96-458-297, § 1)


Sec. 518.313. Transfer of title.

When title to property which has been declared condemned pursuant to this Chapter is transferred to a new owner or owners, the seller or owner conveying title to the property shall tender a copy of the notice of condemnation to the new owner, or shall otherwise notify the new owner of the city's condemnation action and that records of such condemnation are on file in the office of the city's Property Safety Division. As long as a notice of pending lien is filed pursuant to Section 154.108 prior to the transfer of property, failure of the seller or owner of the property to so notify the new owner shall not serve as an estoppel against the city, nor shall it serve as a defense by the new owner or owners against any action taken by the city in furtherance of correcting the unsafe conditions, including demolition, other work or prosecutions pursuant to this Chapter.

(Ord. 96-458-297, § 1)


PART 4. PROPERTY STANDARDS


SUBPART A. GENERAL


Sec. 518.401. Intent.

The intent of this Part is to establish minimum safety and maintenance standards applicable to all real estate property within Duval County, Florida.

(Ord. 96-458-297, § 1)


Sec. 518.402. Applicability.

Every building, structure and portion thereof, and appurtenance thereto, and the premises in which it is situated, used or intended to be used for any purpose, being it commercial, residential, industrial, multifamily institutional or other shall be constructed and maintained to comply with the provisions of this Chapter, whether or not the structure shall have been constructed, altered or repaired before or after the adoption of this Chapter, irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or premises, and notwithstanding any which shall have been issued for the construction or repair of the structure, or for the permit installation or repair of the equipment or facilities prior to the effective date of this Chapter.

(Ord. 96-458-297, § 1)


Sec. 518.403. Compliance standards/permitted repairs.

(a) All new property constructed subsequent to the approval of this Chapter must comply with all provisions of this Part.

(b) Existing properties cited for being in violation of this Part and Part 3 of this Chapter shall be repaired and brought into compliance in accordance with Section 518.310 or as stated hereinafter.

(c) If the violation or noncompliance is due to a condition other than safety, and the property does not constitute a hazard to the community, the Chief may grant the owner or occupant a reasonable time, not to exceed 36 months from the date the violation was issued to correct the condition. The Chief may grant further extensions upon such request and reasonable justification.

(d) If the violator chooses to provide temporary repairs by securing and sealing the property, he/she shall notify and obtain approval from the Chief of the temporary repairs. The Chief, when approving temporary repairs in the form of securing and sealing, shall state a reasonable time in which permanent repairs shall be made to the property. If permanent repairs are not made within the stipulated time, the Chief can cite the property for being in violation of this Part.

(e) If, within any period of 12 months, alterations or repairs costing in excess of 50 percent of the physical value of the building at the time the first repairs are commenced are made to an existing building, the building shall be made to conform to the requirements of the building code for new buildings.

(f) If an existing building is damaged by fire or otherwise in excess of 50 percent of the physical value of the building before the damage is repaired, it shall be made to conform to the requirements of the building code for new buildings.

(g) If the cost of the alterations or repairs or the amount of the damage is more than 25 percent but not more than 50 percent of the then physical value of the building, the portions to be altered or repaired shall be made to conform to the requirements of the building code of new buildings to the extent determined by the Chief.

(h) Repairs and alterations, not covered by the preceding subsections of this Section, restoring a building to its condition previous to damage or deterioration or altering it in conformity with the building code or in such manner as will not extend or increase an existing nonconformity or hazard may be made with the same kinds of materials as those of which the building is constructed.

(Ord. 96-458-297, § 1)


Sec. 518.404. Vacant substandard property.

Vacant properties found to be in violation of this Part may be placarded as such and required to remain vacant until brought into compliance with the provisions of this Part. In no case shall a structure be allowed to remain boarded in excess of 36 months after being boarded pursuant to this Chapter, except as provided herein. The Chief may approve a vacant building for occupancy pending repairs when such action is deemed by him/her to be in the best interest of the city.

(Ord. 96-458-297, § 1)


 

Sec. 518.405. Unlawful to fail to comply with order.

(a) It shall be unlawful for a person to violate a provision of this Part or to fail to comply with an order issued by the Chief or the Building Codes Adjustment Board pursuant to the provisions of this Part. A separate offense shall be deemed to have been committed for each 15 days that a violation of this Part continues.

(b) A person who violates or procures or acquiesces in a violation of the provisions of this Part or a person who fails to comply with an order issued pursuant to this Part by the Chief or the Building Codes Adjustment Board shall, upon conviction thereof, be guilty of a class C offense. A separate offense shall be deemed to have been committed for each 15 days that a violation of this Part continues.

(Ord. 96-458-297, § 1)


SUBPART B. MINIMUM CONDITIONS


Sec. 518.411. Applicability.

The provisions of this Subpart shall govern the minimum conditions of property. Every building or structure, shall comply with the general requirements contained in this Subpart.

(Ord. 96-458-297, § 1)


Sec. 518.412. Maintenance.

All properties, both existing and new, and all parts thereof shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Chapter in a property when erected, altered or repaired shall be maintained in good working order. The owner or his agent shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this Chapter. The tenant shall be responsible for the maintenance of properties to the extent set out in this Chapter.

(a) Maintenance of property. Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stairs, porch and appurtenance thereto shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. A piece, part or attachment of a structure which is so insecurely fixed as to be in danger of falling or being dislodged by the elements so that it may injure a person or property shall be properly secured, removed or replaced. Every inside and outside stair or step shall have uniform risers and uniform treads.

(b) Maintenance of facilities and equipment. Every plumbing fixture and pipe, every chimney, flue and smoke pipe and every other facility, piece of equipment or utility which is present in a property or which is required by Chapter shall be constructed, installed and maintained in conformity with the appropriate laws of the city and the state.

(c) Cleanliness and sanitation. All structural facilities shall be maintained in a clean and sanitary condition by the occupant so as not to breed insects and rodents or produce dangerous or offensive gases or odors. Flaking, lifting or peeling paint and other defective or deteriorated wall, ceiling or floor covering materials shall be removed. Defective, deteriorated or unsanitary walls, ceilings or floors shall be restored to a condition which will permit them to be maintained in a sanitary condition.

(d) Plumbing fixtures. In properties used for human occupancy, water lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order, shall be kept free from obstructions, leaks and defects and shall be capable of performing the function for which they are designed. Water supply inlets to fixtures shall be installed and maintained in such a manner that back flow or cross connection will not be possible. Repairs and installations shall be made in accordance with the Building Chapter.

(e) Plumbing systems. In properties used for human occupancy, every plumbing stack and every water, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards. Cross connections between two or more water supplies are prohibited, unless the Duval County Public Health Unit has certified the water supplies involved to be of good, potable quality. All repairs and installations shall be made in accordance with the Building Chapter.

(f) Heating equipment. Every space-heating, cooking and water-heating device located in a property shall be properly installed, connected and maintained and shall be capable of performing the function for which it was designed.

(g) Venting of heating equipment. Every combustion-type space heating and waterheating device located in a property shall either be vented to the outside atmosphere in an approved manner, or if of an approved unvented design, be equipped with an Oxygen Depletion Sensing System (ODS) designed to shut off the unit before the oxygen level in the room goes below 18 percent.

(h) Electrical outlets and fixtures. Every electrical outlet and fixture, as required in this Chapter, shall be installed, maintained and connected to the source of electric power.

(Ord. 96-458-297, § 1)


Sec. 518.413. Sanitation.

(a) Residential. All exterior property areas shall be maintained in a clean and sanitary condition, free from any accumulation of trash, rubbish, garbage or other refuse. The premises of residential property shall not be used for open storage of such items as stoves, glass, building material, building rubbish, junk vehicles, or junk or derelict property. It shall also be the duty and responsibility of every owner or occupant, as applicable, to remove dead trees from the premises.

(b) Commercial. The exterior property areas of properties regulated by this Chapter shall be kept free of all nuisances, and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:

(1) Brush, weeds, broken glass and accumulations of filth, garbage, trash, refuse, debris and inoperative machinery;

(2) Dead and dying trees and limbs;

(3) Loose and overhanging objects which by reason of location above ground level constitute a danger of falling on persons or personal property in the vicinity thereof;

(4) Holes, excavations, breaks, projections, obstructions, and excretions of pets and other animals on walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to or used by persons on the premises;

(5) Sources of infestation by insects or rodents;

(6) Existing walkways and steps of concrete or other suitable paving materials shall be provided and maintained in safe condition for access; and

(7) No portion of a public sidewalk, alley or street shall be obstructed by any means or used for the storage or display of goods, material or equipment so as to constitute a nuisance as defined herein and in no case without a permit issued by the Property Safety Division. Such permit shall be waived for government recognized public events.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2)


Sec. 518.414. Animal facilities.

The proximity of animal facilities on the property shall be as required by the Zoning Code. Animals and pets shall not be kept in a property or on a premises in such a manner as to create an unsanitary condition or to constitute a public nuisance.

(Ord. 96-458-297, § 1)


Sec. 518.415. Accessory structures and fences.

(a) Accessory structures. Accessory structures existing or provided by the owner, agent or occupant on the premises of a property shall be structurally sound and be maintained in good repair or the structures shall be removed from the premises. The exterior of the structures shall be made weather-resistant through the use of decay-resistant materials or the use of paint or other preservatives.

(b) Fences. All fences on property covered by this Chapter shall be kept in good repair, free from accident hazards, and shall be protected by paint, preservative or other weather-resistant material. Fences constructed of noncorrosive metals or decay-resistant species of wood such as cypress and cedar are not required to be painted.

(Ord. 96-458-297, § 1)


Sec. 518.416. Stacking of materials.

In the event that occupancy usages result in temporary stacking or piling of materials, the materials shall be so arranged as to prohibit the creation of a rodent or insect harborage area.

(Ord. 96-458-297, § 1)


Sec. 518.417. Plumbing facilities exterior.

Every plumbing fixture, water pipe, waste pipe and drain in, to or from an accessory structure or elsewhere on the premises shall be maintained in a sanitary and mechanically sound working condition.

(Ord. 96-458-297, § 1)


Sec. 518.418. Septic tanks, grease traps and excavations.

Every septic tank, grease trap or similar installation shall be maintained in a sound condition and shall, at all times, be covered in an approved manner. Similarly, no open hole, pit, tank or excavation of any kind shall be permitted to exist unless it is protected in an approved manner.

(Ord. 96-458-297, § 1)


Sec. 518.419. Foundation, walls and roof.

Every property shall have a foundation, floor, enclosing walls and roof, all soundly constructed. Every foundation, exterior wall, roof and other exterior surfaces shall be maintained in a good state of repair and shall be kept in such condition as to exclude rodents and rain or dampness.

(a) Foundations. The foundation elements shall adequately support the building at all points.

(b) Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other condition which might admit rodents, rain or dampness to the interior portions of the walls or to the occupied spaces of the property.

(c) Roof. The roof shall be structurally sound and tight and shall have no defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building.

(d) Stairs and porches. Every outside stair, every porch and every appurtenance attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair.

(e) Handrails. Structurally sound handrails shall be provided on steps containing five risers or more. If the steps are not enclosed, handrails and balusters spaced approximately six inches apart shall be provided. Porches or balconies located more than three feet higher than the adjacent area shall have structurally sound protective handrails approximately 36 inches high and, if the porch or balcony is unenclosed, balusters spaced approximately six inches apart shall also be provided. Alternate systems providing at least the same degree of protection, if approved by the Chief, shall be acceptable.

(f) Windows, doors and hatchways. Every windows, exterior door and hatchway or similar device shall be rodent proof and reasonably watertight and weather tight, and shall be kept in sound condition and good repair.

(1) Windows to be glazed. Every window sash shall be fully supplied with securely fitting glass window panes or an approved substitute which are without open cracks or holes.

(2) Windows to be tight. Every window sash shall be in good condition and fit reasonably tightly within its frame.

(3) Windows to be openable. Every window required for ventilation by this Chapter shall be capable of being easily opened and held in position by window hardware.

(4) Door and door hardware. Every exterior door, door hinge and door latch shall be maintained in good condition.

(5) Doors to fit in frame. All exterior doors, including swinging, sliding, and folding shall be constructed so that the space between the lower edge of the door and the threshold shall not exceed 3/8 of an inch and so that the space between Sections of folding and sliding doors, when closed, shall not exceed 3/8 of an inch. Every exterior door, when closed, shall fit reasonably well within its frame.

(6) Window and door frames to fit in wall. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as reasonably possible and to substantially exclude wind from entering the dwelling.

(7) Basement hatchways. Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the property.

(8) Exit doors. Every door available as an exit shall be provided with a locking device and shall be capable of being opened from the inside easily.

(9) Screening. Guards and screens shall be supplied for protection against rodents and insects in accordance with the following requirements:

(i) Every basement or cellar window which is openable shall be supplied with erosion-resistant, rodent proof shields of not less than N°22 U.S. gauge perforated steel sheets, N° B&S gauge aluminum or N°16 U.S. gauge expanded metal or wire mesh screens, with not more than 1/2-inch mesh openings; or with other material affording equivalent protection against the entry of rodents, including storm windows.

(ii) Every window or other outside opening used for ventilation purposes shall be supplied with a screen of not less than 16 mesh an inch on a removable frame. Buildings containing air conditioning equipment which is capable of adequately cooling and ventilating the building are not required to have screens on windows or other openings used for ventilation.

(g) Protective treatment. All unprotected exterior wood and metal surfaces, other than decay-resistant woods and noncorrosive metals, shall be reasonably protected from the elements and decay.

(h) Reserved.

(i) Structural members. The supporting structural members of every property shall be maintained in a structurally sound condition, showing no evidence of deterioration or damage which would render them incapable of carrying the loads imposed upon them.

(j) Garbage and rubbish storage facilities. Every property shall be supplied with approved containers and covers for storage of garbage and rubbish. The owner, occupant, operator or agent in control of the property shall be responsible for the removal of garbage and rubbish, as provided in this Chapter.

(k) Means of egress. Every structure shall have an approved means of egress, with minimum head room of six feet, six inches, leading to a safe and open space at ground level. Every story above the second story shall have not less than two safe, unobstructed means of egress from each story, appropriately marked, leading to a safe and open space at ground level.

(l) Light and ventilation--minimum requirements. No person shall occupy or let to another for occupancy a structure which does not comply with the requirements of this Chapter with respect to light and ventilation.

(1) Natural light and ventilation. Except as provided in subsection (l)(2) of this Section, every habitable room shall be provided with natural light and ventilation by one or more windows facing directly to the outdoors. The aggregate area of approved glazing materials in the windows and skylights shall be equal to not less than ten percent of the floor area of the room served thereby and, where the only provision for natural light and ventilation is by a skylight, the glazed area of the skylight shall be equal to not less than 15 percent of the floor area of the room served thereby. Whenever walls or other portions of structures face a window of the room and the light-obstructing structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, the obstructed window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum window area. Windows and skylights required for natural light and ventilation shall have a minimum aggregate openable area of not less than 45 percent of the required aggregate window area.

(2) Alcoves and artificial light and mechanical ventilation.

(i) An alcove opening off a habitable room shall not be required to be separately lighted and ventilated if the opening between the main room and the alcove has an area equal to not less than 50 percent of the floor area of the alcove and the floor area of the alcove is added to that of the main room to determine the total window area required for the main room.

(ii) Natural light and ventilation shall not be required in rooms equipped with artificial lighting by electricity and an approved year-round mechanical ventilating system.

(3) Bathroom. Every bathroom shall comply with the light and ventilation requirements for other rooms, except that no window or skylight shall be required in bathrooms equipped with an approved mechanical ventilation system and artificial lighting.

(Ord. 96-458-297, § 1; Ord. No. 2003-620-E, § 4)


 

Sec. 518.420. Interior structure--Residential.

No person shall occupy or let to another for occupancy a dwelling, multiple dwelling, dwelling unit, rooming house or rooming unit for the purpose of living therein which does not comply with the requirements of this Subpart with respect to the interior structure.

(a) Freedom from dampness. In every dwelling, multiple dwelling, dwelling unit, rooming house and rooming unit, cellars, basements, crawl spaces and every floor, walls and ceiling shall be maintained reasonably free from dampness.

(b) Interior floors, walls and ceilings. Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(c) Interior stairs and railings. All interior stairs of every structure used for human habitation shall be maintained in sound condition and good repair. Treads and risers that evidence excessive wear or are broken, warped or loose shall be replaced. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

(d) Handrails. Structurally sound handrails shall be provided on steps containing five or more risers. If steps are not enclosed, handrails with balusters spaced approximately six inches apart shall be provided. Porches or balconies located more than three feet higher than the adjacent area shall have structurally sound protective handrails approximately 36 inches high and, if the porch or balcony is unenclosed, balusters spaced approximately six inches apart shall also be provided. Alternate systems providing at least the same degree of protection, if approved by the Chief, shall be acceptable.

(e) Bathroom and kitchen floors. Every water closet compartment, bathroom, laundry room and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to cater and so as to permit the floor to be easily kept in a clean and sanitary condition.

(f) Sanitation. The interior of every dwelling and multiple [dwelling] used for human habitation shall be maintained in a clean and sanitary condition, free from any accumulation of filth, rubbish or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities.

(g) Insect and rodent harborages. Buildings used for human habitation shall be kept free from insect and rodent harborages such as accumulated rubbish, boxes, rags or other similar materials which may provide a harborage and shall be kept free from insect and rodent infestation. Where an infestation or harborage is found, it shall be promptly eliminated by acceptable processes.

(h) Illumination. Sufficient windows, sky lights and electrical lighting fixtures shall be provided so as to furnish adequate illumination for the intended use or occupancy of the building. Illumination of at least five foot candle power shall be provided in all passageways and stairways at all times the buildings is occupied. Levels of illumination shall be measured at the floor or stair tread level.

(Ord. 96-458-297, § 1)


Sec. 518.421. Space, occupancy and maintenance requirements--Residential.

No person shall occupy or let to another for occupancy a dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of this Chapter with respect to basic facilities.

(a) Water closet. Within the main enclosing walls of every dwelling unit there shall be a nonhabitable room which affords privacy to a person within the room and which is equipped with a flush water closet in good working condition. The water closet shall be:

(1) Equipped with easily cleanable surfaces;

(2) Connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly; and

(3) Connected to an approved sewer system or an approved septic tank installation.

(b) Lavatory. Within the main enclosing walls of every dwelling unit there shall be a lavatory sink. The lavatory sink may be in the same room as the flush water closet or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which the water closet is located. The lavatory sink shall be in good working condition and properly connected to:

(1) A potable water supply which is approved by the Duval County Public Health Unit and which provides at all times an adequate amount of heated and unheated running water under pressure; and

(2) An approved sewer system or an approved septic tank installation.

(c) Bathtub or shower. Within the main enclosing walls of every dwelling unit there shall be a room which affords privacy to a person within the room and which is equipped with a bathtub or shower in good working condition. The bathtub or shower may be in the same room as the flush water closet or in another room and shall be properly connected to:

(1) A water supply system which is approved by the Duval County Public Health Unit and which provides at all times an adequate amount of heated and unheated running water under pressure; and

(2) An approved sewer system or an approved septic tank installation.

(d) Kitchen. Every dwelling unit shall have a room or portion of a room in which food may be prepared or cooked, which shall have adequate circulation area and which shall be equipped with a kitchen sink in good working condition and properly connected to:

(1) A potable water supply which is approved by the Duval County Public Health Unit and which provides at all times an adequate amount of heated and unheated running water under pressure; and

(2) An approved sewer system or an approved septic tank installation.

(e) Waste water from laundry devices. Waste water from every device used for laundering clothes shall be properly drained.

(f) Water-heating facilities. Every dwelling unit shall be supplied with water-heating facilities which are installed in an approved manner, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with hot water under this Section. Water-heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar unit at a temperature of not less than 120°F at any time needed. Water-heating facilities shall be provided with a properly installed pressure-temperature venting device.

(g) Heating facilities. Every dwelling, dwelling unit and rooming unit shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms and bathrooms located therein to a temperature of at least 65°F at a distance three feet above floor level under ordinary minimum winter conditions.

(h) Operation of heating and water heating facilities. Every heating or water-heating facility shall be installed and shall operate in accordance with the requirements of the building code and the fire prevention code.

(i) Privacy. Access to or egress from each dwelling unit shall be provided without passing through another dwelling or dwelling unit.

(j) Locking devices. No person shall let to another for occupancy a dwelling or dwelling unit unless all exterior doors of the dwelling unit are equipped with safe and properly functioning locking devices. The locking devices shall be capable of being easily opened from the inside.

(k) Minimum ceiling heights. The ceiling height of a habitable room shall be at least seven feet, except that in a habitable room under a sloping ceiling, at least one-half of the room shall have a ceiling height of at least seven feet and the floor area of that part of the room where the ceiling height is less than seven feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining maximum permissible occupancy.

(l) Required space in dwelling units. The maximum occupancy of a dwelling unit shall not exceed the following requirements:

(1) One hundred fifty square feet of floor space for the first occupant and at least 100 square feet of floor space for every additional occupant. The floor space shall be calculated on the basis of total habitable room area.

(2) The total number of occupants shall not exceed two times the number of habitable rooms in the dwelling unit.

(m) Required space in sleeping rooms. In every dwelling unit of two or more rooms every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant.

(n) Access limitation of dwelling unit to commercial uses. No habitable room, bathroom or water closet compartment which is accessory to a dwelling or rooming house shall open directly into or shall be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room or similar room used for public purposes. Home occupations permitted under the Zoning Code are excluded from this requirement.

(o) Location of bath. A bathroom or water closet compartment shall not be used as the only passageway to a habitable room, hall, basement or cellar or to the exterior of the dwelling.

(p) Electrical system and artificial light--minimum requirements.

(1) General.

(i) All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used, installed and connected to a source of electric power in accordance with the building code.

(ii) Where the determination is made, upon examination of the existing electrical service supply, that the electrical service supply is obsolete or is being used in a manner constituting a hazard to life and property, the following standards shall be used for determining the adequacy of the service supply and main disconnect switch:

TABLE INSET:

 


Total Number of
Lighting and
Electrical
Outlets


Capacity of Main
Service
Supply and Main
Disconnect Switch


0--24


60 amp service


25--50


100 amp service

(iii) Notwithstanding the standards of subsection (b) of this Section, the minimum capacity of the service and the main disconnect switch shall be sufficient to adequately carry the total load required in accordance with the building code.

(2) Electrical lights and receptacles required. Every dwelling shall be wired for electricity and every habitable room shall be provided with not less than two separate floor or wall-type duplex electric receptacles. Every habitable room shall be provided with not less than one ceiling or wall-type electric lighting fixture or, in lieu thereof, with a duplex electric receptacle located near the entrance door to the room, the receptacle being in addition to those otherwise required for habitable rooms. Every bathroom, laundry room, furnace room, corridor and hallway shall be provided with not less than one ceiling or wall-type electric lighting fixture. Each receptacle and lighting fixture shall be properly installed and maintained in good and safe working condition and shall be connected to the source of electricity in a safe manner.

(3) Light in public halls and stairways. Every public hall and stairway in every multiple dwelling and rooming house containing three or more units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than two units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.

(q) Fire safety--minimum requirements. No person shall occupy or let to another for occupancy a dwelling, dwelling unit or rooming unit which does not comply with the applicable provisions of the fire prevention code and the additional requirements contained in this Subpart for safety from fire.

(1) Storage of flammable liquids prohibited. No dwelling unit or rooming unit shall be located within a building containing an establishment handling, dispensing or storing flammable liquids with a flash point of 100°F or lower.

(2) Cooking and heating equipment. All cooking and heating equipment, components and accessories and every heating, cooking and water-heating device shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health and accident hazards. Installations and repairs shall be made in accordance with the building code or other laws of the city applicable thereto. Portable cooking or heating equipment employing flame is prohibited, except on a temporary basis during power failures or in times of natural disaster.

(3) Construction and materials. All construction and materials, ways and means of egress and installation and use of equipment shall conform with the appropriate laws and regulations of the city and the state dealing with fire protection.

(4) Fire warning equipment. At least one smoke detector (which may be a single-station alarm device) shall be installed on each floor of a dwelling, dwelling unit or rooming unit. The detector shall operate from an alternating current source, a monitored battery or a combination alternating-current/battery-power source. Detectors shall conform to the following standards:

(i) A smoke detector shall be located outside bedrooms in a hallway or space communicating thereto and on or near the ceiling and shall be installed in accordance with the manufacturer's instructions. Dwelling units and rooming units having bedrooms separated by any one or a combination of common-use areas, such as a kitchen, dining room, living room or family room (but not a bathroom or utility room) shall have at least two smoke detectors.

(ii) Every smoke-detecting device shall cause the operation of an alarm signaling device or devices which shall be clearly audible in all bedrooms with all intervening doors closed. Alarm sounding devices shall be rated not less then 85 decibels at ten feet.

(iii) Detectors requiring a light source for operation shall have an audible trouble signal on failure of the light source, but the failure shall not cause an alarm. Detectors not requiring a light source for operation shall have either a visible light to indicate operability or an audible trouble signal. Audible trouble signals shall be designed to operate at least every minute for seven consecutive days.

(Ord. 96-458-297, § 1)

Sec. 518.422. Exterior structure--Commercial.

No person shall occupy or let to another for occupancy property which does not comply with the requirements of this Subpart with respect to the exterior structure.

(a) Windows/stock storage. All windows exposed to public view shall be kept clean and free of marks or foreign substances except when necessary in the course of changing displays. Storage of materials, stock or inventory shall be prohibited in window display areas or other areas ordinarily exposed to public view unless such areas are first screened from the public view by drapes, Venetian blinds or other permanent rendering of the windows opaque to the public view. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair. Nothing herein shall be construed to prohibit window displays which are attractive, neat, orderly and in keeping with community standards.

(b) All permanent signs and billboards permitted by reason of other regulations or as lawful nonconforming use, and exposed to public view, shall be maintained in good repairs. Any signs which have excessively weathered, faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or, if legally allowed, put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed.

(c) All outdoor salvage yards shall be screened from surrounding property as required by the Zoning Code. Such screening shall be maintained in a good condition and free from deterioration.

(d) Air conditioning equipment shall be equipped with proper devices for the prevention of condensate drainage upon sidewalks, other walkways or other areas. Where mechanical ventilation is used, the ventilating duct which is on the exterior wall shall not be located closer than six feet from a window located in an adjoining building.

(e) Inflammable or combustible liquids or other materials may not be stored on the premises unless they are a type approved for storage by the fire code and then only in such quantities and in such fireproof storage containers as may be prescribed by the fire code.

(f) Hallways shall provide adequate, safe and unobstructed circulation from offices, sales rooms, work rooms, storage rooms, and other spaces to various means of exit.

(g) All premises shall be properly connected to electric power through safely insulated conductors conforming to the National Electrical Code.

(h) All wiring or cables shall be properly affixed or attached to the structure, and kept in a good state of repair. No loose cords or loose extension lines in excess of six feet in length shall be permitted and no ceiling or wall fixture shall be used for supply and power to equipment other than that for which they are designed. Every electrical circuit in rooms containing plumbing pipes or fixtures shall be equipped with at least one ground fault interrupter receptacle.

(i) Buildings where people work shall have a minimum of one water closet and one wash basin supplied with potable running water per floor, available to all employees, located in an enclosed room conveniently accessible to the employees.

(j) Buildings wherein food is served to the public shall provide sanitary facilities available to patrons in accordance with the requirements of the health code and all other applicable Chapters and statutes.

(k) All toilet rooms shall be fully enclosed and with a door capable of being locked so as to provide privacy for the user.

(l) Each toilet room shall be provided with toilet paper, soap and individual towels or other means of drying.

(m) Wash room and water closet compartment floors shall be surfaced with water-resistant materials and floors; walls and ceilings shall be kept in a dry, clean and sanitary condition at all times.

(n) Every wash room and water closet compartment shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained that there is no danger from short-circuiting from water or plumbing.

(o) All toilet rooms shall be provided with natural or mechanical ventilation and lighting.

(p) All fire warning or prevention equipment required by the building code shall be properly installed and in good working condition.

(Ord. 96-458-297, § 1)


Sec. 518.423. Emergency egress in residential buildings.

(a) Metal bars, grills, grates or similar devices covering means of egress from a residential building, including, without limitation, windows and doors, which would otherwise impede emergency rescue must be installed according to the requirements of the Florida Building Code regulations for emergency escape and rescue openings. In addition, the security bars may be installed provided:

(1) A permit, at a minimal builder's permit fee, is obtained from the building official; and

(2) The installation is inspected and approved by the building official or his designated representative.

(b) License and insurance. Contractors who install metal bars, grills, grates or similar devices shall have a business license as a burglar bar installer and shall carry public liability insurance in the amount of $100,000.00 and property damage insurance in the amount of $25,000.00, or a single amount of $125,000.00 for both public liability and property damage.

(c) Class D offense. Anyone violating this Section shall be guilty of a class D offense.

(Ord. 2003-485-E, § 1)


SUBPART C. ROOMING HOUSES AND ROOMING UNITS


Sec. 518.431. Rooming houses and rooming units--General.

Every person who operates a rooming house or who occupies or lets to another for occupancy a rooming unit in a rooming house shall comply with the requirements of this Part and with every other Section of this Chapter that is not in conflict with this Part. Every rooming unit shall comply with all the requirements of thin Chapter pertaining to a habitable room, except as otherwise provided in this Part.

(a) Water closet and bath facilities. At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the Duval County Public Health Unit and in good working condition, shall be supplied for each four rooms or fraction thereof within a rooming house; provided that:

(1) In a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half of the required number of water closets.

(2) The facilities required by this Section shall be so located within the dwelling as to be reasonably accessible to all persons sharing the facilities and from a common hall or passageway on the floor they serve.

(3) Every lavatory basin and bathtub or shower shall be supplied with heated and unheated water under pressure at all times.

(b) Minimum floor area for sleeping purposes. Every rooming unit occupied for sleeping purposes shall contain at least 110 square feet of habitable floor area for the first occupant and at least 50 square feet of habitable floor area for each additional occupant, except that in no case shall the total number of occupants exceed two times the number of habitable rooms in the rooming unit. Every rooming unit shall also contain at least four square feet of closet space for each occupant with an unobstructed height of at least five feet. If the required closet space is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy. In a dormitory room, the required closet or closet space may be provided in another portion of the rooming house.

(c) Bed linens and towels. The operator of every rooming house shall supply bed linens and towels therein at least once each week and prior to the letting of a room to another occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

(d) Shades, drapes, etc. Every window of every rooming unit shall be supplied with shades, draw drapes or other devices or material which, when properly used, will afford privacy to the occupant of the rooming unit.

(e) Certain cooking prohibited. Cooking in dormitory rooms and rooming units is prohibited.

(f) Locks. Access doors to rooming units, water closet rooms and bathrooms shall have properly functioning locks to ensure privacy.

(g) Private ingress and egress. Access to or egress from each rooming unit shall be provided without passing through another rooming unit or dwelling unit.

(h) Sanitary conditions. The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for the sanitary maintenance of every other part of the rooming house. The operator shall be further responsible for the sanitary maintenance of the entire premises where the structure or building within which the rooming house is contained is owned, leased or occupied by the operator, otherwise, the owner shall be responsible.

(i) Sanitary facilities. Every water closet, flush urinal, lavatory basin and bathtub or shower required by Section 518.502 shall be located within the main enclosing walls of the rooming house and within a room or rooms which:

(1) Afford privacy and are separate from the habitable rooms.

(2) Are accessible from a common hall and without going outside the rooming house or through another room therein.

(Ord. 96-458-297, § 1)


 

SUBPART D. MOBILE HOMES


Sec. 518.441. Mobile homes--General.

No person shall occupy or let to another for occupancy a mobile home which does not comply with the requirements of this Part and all other provisions of this Chapter not in conflict herewith.

(a) Installation standards. Mobile homes shall be installed with foundations and anchoring systems adequate to safely sustain wind loads and in accordance with the most current regulations of the state.

(b) Plumbing systems, generally. The interior plumbing systems in mobile homes shall comply with F.S. Ch. 320. Exterior plumbing systems serving mobile homes shall comply with Chapter 332, the applicable regulations of the state and this Part.

(c) Sanitary drainage. The sanitary drainage system serving each mobile home shall include:

(1) A sewer connection not less than four inches in diameter which extends not less than three inches nor more than six inches above ground level.

(2) A sewer inlet equipped with a gas and water-tight seal when connected to the mobile home and a gas-tight seal plug for use when not so connected.

(d) Water supply. The water supply system serving each mobile home shall include:

(1) A separate water service with piping not less than 3/4 inch in diameter complying with Section 332.1306.

(2) A back-pressure or reduced-pressure-principle back flow preventer installed on the branch service line to the mobile home at or near the mobile home service connection. The preventer shall be full-sized, shall be designed and maintained to close drip tight at a reduced pressure not less than one nor more than five pounds for each square inch and be of an approved type identified by the manufacturer's name and model number and certified by a nationally recognized testing agency to comply with the requirements of this subsection.

(3) A separate manual shut-off valve installed on the supply side of the required backflow preventive device.

(Ord. 96-458-297, § 1)


SUBPART E. RESPONSIBILITIES OF OWNERS AND OCCUPANTS


Sec. 518.451. Responsibilities of owners and occupants.

Owners and occupants shall bear responsibility under this Chapter as set forth in this Part unless there exists a valid contract between the owner and an occupant which apportions these responsibilities in a manner different from the manner prescribed herein. Nothing in this Part shall be construed to abrogate or nullify any such contract. Owners and occupants of dwellings or multiple dwellings and owners and occupants of rooming houses or commercial property shall be responsible for maintenance thereof as provided in this Part.

(a) Cleanliness. No owner or other person shall occupy or let to another person for occupancy a property unless it and the premises are clean, sanitary, fit for occupancy and comply with all applicable requirements of the city and the state.

(b) Responsibility of owner. Every owner of a property containing two or more units and every owner of a rooming house or mobile home business park shall maintain the shared or public areas of the property and premises thereof in a clean and sanitary condition.

(c) Responsibility of occupant. Every occupant of a property shall maintain that part or those parts of the property and premises thereof that he occupies and controls in a clean and sanitary condition.

(d) Disposal of rubbish. Every occupant of a property shall store and dispose of all his rubbish in a clean, sanitary and safe manner.

(1) Disposal of garbage. Every occupant of a property shall store and dispose of all his garbage and other organic waste which might provide food for insects or rodents in a clean, sanitary and safe manner. Rodent-resistant, insect-resistant and water-resistant refuse containers shall be used for storage pending collection.

(i) Garbage storage facilities. Every owner of a property containing five or more units shall supply facilities or refuse containers for the sanitary and safe storage and disposal of rubbish and garbage. In the case of one, two, three or four units, it shall be the responsibility of the occupant to furnish the facilities or refuse containers.

(ii) Approved garbage storage containers or garbage disposal facilities shall be provided and maintained for the disposal of garbage at every occupied property. Provisions shall be made for regular pickup and disposal.

(iii) Approved garbage storage containers or garbage disposal facilities on commercial properties shall be screened from public view where space permits.

(e) Screens. Every owner of a property shall be responsible for providing and hanging screens whenever they are required under the provisions of this Chapter; provided, that once installed, if the occupant removes or damages the screens, maintenance or replacement of the screens becomes the responsibility of the occupant.

(f) Extermination of insects and rodents. Every occupant of a property containing a single unit shall be responsible for the extermination of insects, other than wood-destroying insects, and rats on the premises; and every occupant of a property containing more than one unit shall be responsible for extermination within his unit and the portions of the premises he controls. Notwithstanding the requirements of the preceding sentence, whenever infestation is caused by the failure of the owner to maintain a structure in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in the shared or public parts of a structure containing two or more units, extermination therein shall be the responsibility of the owner.

(1) Rodent harborages--single-unit. No owner or occupant of a structure shall accumulate rubbish, boxes, rags, lumber, scrap metal or other materials in such a manner that may provide a rat harborage in or about the structure.

(2) Rodent harborages--multiple unit. No owner of a multiple unit structure shall accumulate or permit the accumulation of rubbish, boxes, rags, lumber, scrap metal or other materials in such a manner that may provide a rat harborage in or about the shared or public areas of the structure.

(3) Attraction of insects and rodents. No owner or occupant of a structure shall store, place or allow to accumulate materials that attract insects or rodents and create an unsanitary condition.

(g) Care of fixtures. Every occupant of a property shall keep all supplied fixtures and facilities therein in a clean and sanitary condition, and shall be responsible for the exercise of reasonable care in the proper use and operation thereof, and, except for occupants of rooming houses or boarding houses, shall be responsible for the maintenance of all smoke detectors therein. Every owner of a rooming house or boarding house shall be responsible for the maintenance of all smoke detectors therein.

(h) Care of premises. No owner or occupant of a property shall utilize the premises of the property for the open storage of junk, nondriveable motorized vehicles or derelict property, building rubbish or debris or similar items. It shall be the duty and responsibility of every owner or occupant to keep the premises of property clean and to remove from the premises all junk, nondriveable motorized vehicles, derelict property, building rubbish, debris or similar items.

(i) Heating facilities. Except where there is a written agreement between the owner and an occupant providing for some other arrangement, the owner of every dwelling and multiple dwelling shall be responsible for the installation and maintenance of heating facilities required by this Chapter. In every case, the owner shall be responsible for providing sufficient chimneys, flues, gas vents or electrical facilities for the connection of heating appliances.

(j) Person other than occupant in control of heat. From October 1 until April 30, where the control of the heat supplied to a property is the responsibility of a person other than the occupant. a temperature of at least 65°F at a distance of 36 inches above the floor level shall be available to the occupant in all usable rooms, bathrooms and water closet compartments.

(k) Weeds, grass and other flora. Occupants of property containing no more than two units shall be responsible for keeping the premises free from the excessive growth of weeds, grass and other flora, except where there is a written agreement between the owner and an occupant providing for some other arrangement. The owner shall be responsible for keeping the premises free from the excessive growth of weeds, grass and other flora in multiple units, vacant units or rooming houses.

(l) Standing water. The owner of a property shall be responsible for grading the premises to prevent standing water.

(Ord. 96-458-297, § 1)


SUBPART F. DECLARATION OF UNFITNESS FOR HUMAN OCCUPANCY


Sec. 518.461. Intent.

Property intended or used for human occupancy may be condemned as unsafe structures or buildings or as unfit for human occupancy as herein provided.

(Ord. 96-458-297, § 1)


Sec. 518.462. Structures unfit for human occupancy.

Whenever the Chief finds that a property constitutes a hazard to the health, safety or general welfare of the occupants or the public and fails to comply with the minimum provisions of this Chapter but has not yet reached such a state of complete disrepair as to be condemned as an unsafe building or structure under this Chapter, he may declare the property as unfit for human occupancy and order it to be vacated.

(Ord. 96-458-297, § 1)


Sec. 518.463. Notice.

Notice of the declaration of a building as being unfit for human occupancy and notice to vacate shall be served as provided in Subpart E.

(Ord. 96-458-297, § 1)


Sec. 518.464. Posting of placard.

A property declared as unfit for human occupancy shall be posted with a placard by the Chief. The placard shall include, as a minimum, the following:

(a) The word condemned;

(b) The condemning authority;

(c) The authority under which the notice is issued;

(d) An order that the property, when vacated, must remain vacant until the provisions of the order are complied with and the order to vacate is withdrawn;

(e) The date that the placard is posted;

(f) A statement of the penalty for defacing or removing the placard.

(Ord. 96-458-297, § 1)


Sec. 518.465. Form of notice to owner.

Whenever the Chief has declared a property to be unfit for human occupancy, he shall give notice to the owner of this declaration and placarding in the manner specified in this Chapter. The notice shall:

(a) Be in writing;

(b) Include a description of the property sufficient for identification;

(c) Include a statement that the premises have been found by the Property Safety Division to be unfit for human occupancy and that a placard containing this declaration has been posted on the premises;

(d) State the time within which the occupants must vacate the unit, and each unit if more than one unit is involved;

(e) State the conditions alleged to exist that make the unit or units unfit for human occupancy;

(f) Provide a reasonable time for the correction of the violation.

(Ord. 96-458-297, § 1)


Sec. 518.466. Form of notice to vacate.

Whenever the Chief has declared a property to be unfit human occupancy, he shall give notice to each occupant to vacate the property. The notice shall:

(a) Be in writing;

(b) Include an identification of the premises to be vacated;

(c) Specify the time within which the premises shall be vacated;

(d) Include a statement that the premises have been found by the Property Safety Division unfit for human occupancy;

(e) Include a statement that the owner and/or occupants shall be subject to the penalties provided in this Chapter in the event the premises are not vacated within the time specified.

(Ord. 96-458-297, § 1)


Sec. 518.467. Service of notice to vacate upon occupant.

Service of a notice to vacate shall be any of the following methods:

(a) By delivery to the occupant personally or by leaving the notice at the usual place of abode of the occupant with a member of the family 15 years of age or older.

(b) By certified or registered mail addressed to the occupant.

(c) By posting a copy of the notice in a conspicuous place on the premises to be vacated.

(Ord. 96-458-297, § 1)


Sec. 518.468. Unlawful to occupy vacated property.

A property which has been declared and placarded as unfit for human occupancy by the Chief shall be vacated within the time required. An owner or operator who allows a person to occupy a property which has been declared and placarded by the Chief as unfit for human occupancy shall be subject to the penalties specified in this Chapter.

(Ord. 96-458-297, § 1)


Sec. 518.469. Occupancy of building prohibited.

No property which has been declared and placarded as unfit for human occupancy shall thereafter be used for human occupancy until a certificate of compliance therefor has been issued by the Chief.

(Ord. 96-458-297, § 1)


Sec. 518.470. Recovery of costs.

Notwithstanding the availability or imposition of civil or criminal penalties, whenever the Chief has declared a property to be unfit for human occupancy and ordered it to be vacated, the City may institute an action in a court of competent jurisdiction to recover, to the fullest extent permitted by law, its costs associated with the declaration of unfitness for human occupancy, including, but not limited to, expenses for relocation of tenants of the vacated property.

(Ord. 2003-1304-E, § 1)


SUBPART G. APPEALS AND VARIANCES


Sec. 518.471. Appeals and variances.

Where either it is alleged that there is error in an order, requirement, decision or determination made by the Chief in the enforcement of this Chapter or a variance to this Chapter is sought which will not be contrary to the public interest because, owing to special conditions, a literal enforcement of the provisions of this Chapter would result in unnecessary and undue hardship, then an appeal of request for a variance may be made to the Building Codes Adjustment Board as provided in Chapter 56 and as follows:

(a) An appeal or request for variance from this Chapter shall be filed with the Board within 30 days of receipt of notice of violation or of the receipt of another written requirement of the Chief.

(b) The filing of an appeal or request for variance shall stay all administrative proceedings in furtherance of the matter appealed until a final determination has been made by the Building Codes Adjustment Board on the matter; provided, that the time during which the matter is pending before the Board shall not be considered as a part of the time given in the notice or other requirement by the Chief to perform an action which is the subject of the appeal or request for a variance.

(Ord. 96-458-297, § 1)

Sec. 518.472. Forms for filing appeal or request for variance.

The Chief shall provide, upon request, appropriate forms for the filing of an appeal or request for variance under this Chapter.

 

PART 5. JACKSONVILLE DOWNTOWN PROPERTY MAINTENANCE CODE


PART I. ADMINISTRATION


Subpart A. Title and Scope


Sec. 518.500. Title.

The provisions embraced within the Parts, Subparts and Sections of this Part shall constitute, be known and be cited as the Jacksonville Downtown Property Maintenance Code.

(Ord. 2003-614-E, § 1)


Sec. 518.501. Construction with Remainder of Chapter 518, Ordinance Code.

This Part shall operate as supplemental regulations and standards to the remainder of Chapter 518, Ordinance Code, relating to those buildings, structures and premises located in Downtown Jacksonville, as that term is defined in Section 518.510, below. To the extent that this Part is in conflict with, or creates a more stringent regulation or standard than the remainder of Chapter 518, Ordinance Code, this Part shall govern. To the extent that the remainder of Chapter 518, Ordinance Code regulates, addresses, or restricts a particular area, aspect or issue that is not addressed by this Part, then that provision in Chapter 518, Ordinance Code shall govern.

(Ord. 2003-614-E, § 1)


Sec. 518.502. Part 5 as Remedial Legislation.

This Part is hereby declared to be remedial, and shall be construed to ensure regular maintenance and improvement to certain buildings and structures; to safeguard against blight and preserve property values and community standards; to establish minimum maintenance standards to safeguard life, limb, health, safety, property, and the public welfare; to assist in the continued revitalization of Downtown Jacksonville; and to attract new businesses and promote the public interest in continued development, all in the best interest of the citizens of the City of Jacksonville.

(Ord. 2003-614-E, § 1)


Sec. 518.503. Applicability.

(a) Every building, structure and portion thereof, and appurtenance thereto, and the premises on which it is situated, located in Downtown Jacksonville, used or intended to be used for commercial, business, institutional, single and multi-family residential or industrial purposes shall be constructed and maintained to comply with the provisions of this Part, whether or not the structure shall have been constructed, altered or repaired before or after the adoption of this Part, irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structures or premises, and notwithstanding any permit which shall have been issued for the construction or repair of the structure, or for the installation or repair of equipment or facilities prior to the effective date of this Part.

(b) This Part establishes certain minimum standards for the initial and continued occupancy, use and maintenance of all commercial, business, institutional, single and multi-family residential or industrial buildings and structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of such buildings and structures, the premises, or the equipment or facilities contained in the buildings or structures or on the premises. In addition to Section 518.501, above, where a provision of this Part is found to be in conflict with another applicable code or regulation, the provision that establishes the higher standard, as determined by the Chief, or the Building Codes Adjustment Board, shall prevail.

(Ord. 2003-614-E, § 1)


Sec. 518.504. Maintenance.

All buildings, structures and premises regulated by this Part, both existing and new, and all parts thereof, shall be maintained in a safe, sanitary and good condition, and so as not to constitute a blighting influence on the City nor an element leading to the progressive deterioration of the Section of Downtown Jacksonville in which they are situated. All devices or safeguards required by applicable codes when the building or structure was erected, altered or repaired shall be maintained in good working order. For purposes of this Part, owners and occupants shall be equally responsible for the maintenance of buildings, structures and exterior premises as required by this Part whether or not such responsibility has been assigned to and accepted by another party.

(Ord. 2003-614-E, § 1)


Subpart B. Definitions


Sec. 518.510. Definitions.

Those definitions specified in Section 518.111, Ordinance Code shall apply in this Part unless specified below or unless the context otherwise requires:

(a) Building Code shall mean Title VIII, Subtitle A, Ordinance Code, as it currently exists and as it may be amended from time to time.

(b) Downtown or Downtown Jacksonville shall mean the Downtown Development Authority jurisdictional boundary, as it currently exists and as it may be amended from time to time.

(c) Person shall include an individual, a partnership, a joint venture, a corporation, an association, and any other organization recognized as an entity by the laws of the State of Florida.

(d) Required shall mean required by some provision of this Part or another applicable code.

(e) Sidewalk Special Event shall mean an event which is taking place or is proposed to be taking place on a sidewalk in the Downtown area that is not associated with and sponsored by a business or property located within the City block where the event is being held. Sidewalk Special events shall include, but not be limited to farmers' markets, arts and crafts fairs, cultural festivals, and expositions.

(f) Zoning Code shall mean Chapter 656, Ordinance Code, including all Subparts, amendments or changes.

(Ord. 2003-614-E, § 1)


Subpart C. Violations, Notices and Liability


Sec. 518.522. Vacant Substandard Buildings.

Vacant buildings found to be in violation of this Part may be placarded as such and required to remain vacant until brought into compliance with the provisions of this Part. Provided, the Chief may approve a vacant building for occupancy pending repairs when such action is deemed by him to be in the best interest of the City. The reason for such approval must be documented in the property file.

(Ord. 2003-614-E, § 1)


Sec. 518.523. Recording of Violation Notice.

Whenever the violations specified in a violation notice have not been corrected within the time specified in the notice, the Chief may record a copy of such violation notice, or other appropriate instrument, in the public records of Duval County indicating that violations of this Part exist upon the property involved. The recording of such violation notice or other appropriate instrument as herein provided shall constitute constructive notice to any subsequent purchasers, transferees, grantees, mortgagees, lessees, lienors and all persons having, claiming or acquiring any interest in the property described herein, or affected thereby.

(Ord. 2003-614-E, § 1)


Sec. 518.524. Notices and Orders Binding.

A notice or order issued by the Chief pursuant to the provisions of this Part shall not be diminished, cancelled or in any way affected by the conveyance of the title to any real property, building or other structure. A person who acquires such an interest while a building, structure or premises is subject to a notice or order issued under this Part shall comply with that notice or order to the same extent as if he had held his interest at the time the notice or order was issued. Upon request, the Chief shall provide all persons acquiring such interest with copies of records pertaining to all notices and orders previously served and issued with respect to the real property, building or other structure or premises conveyed at the expense of the person requesting the copies.

(Ord. 2003-614-E, § 1)


Sec. 518.525. Liability.

The owner of a building, structure or premises where anything in violation of this Part shall be placed or shall exist, and any architect, builder, contractor, agent or other person who has knowingly assisted in the commission of such violation, shall each be separately guilty of an offense and upon conviction shall be punished as provided by law. Each day upon which a violation occurs shall be considered a separate violation under this Part.

(Ord. 2003-614-E, § 1)


Subpart D. Severability, Saving Clause


Sec. 518.540. Severability.

If any Part, Section, subsection or other portion of this Part or any application thereof to any person or circumstances is declared to be void, unconstitutional or invalid for any reason, such Part, Section, subsection or other portion, or the proscribed application thereof, shall be severable and the remaining provisions of this Part and all applications thereof not having been declared void, unconstitutional or invalid shall remain in full force and effect. The Council declares that no invalid or proscribed provision or application was an inducement to the enactment of this Part and that it would have enacted this Part regardless of the invalid or proscribed provision or application.

(Ord. 2003-614-E, § 1)


 

PART II. MINIMUM STANDARDS FOR MAINTENANCE


Subpart A. Exterior Premises


Sec. 518.550. Hazards and Nuisances.

The exterior property areas of structures regulated by this Part shall be kept free of all nuisances, and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises, and free of unsanitary conditions, and any of the forgoing shall be promptly removed and abated by the owner or occupant. It shall be the duty of the owner or operator to notify the City of the existence of any hazards or nuisances on the public right-of way. It shall be the duty of the owner or occupant to keep the premises free of hazards, which include, but are not limited to the following:

(a) Brush, weeds, broken glass and accumulations of filth, garbage, trash, refuse, debris and inoperative machinery;

(b) Dead and dying trees and limbs;

(c) Loose and overhanging objects which by reason of location above ground level constitute a danger of falling on persons or personal property in the vicinity thereof;

(d) Holes, excavations, breaks, projections, obstructions, and excretions of pets, other animals, and humans on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to or used by persons on the premises;

(e) Sources of infestation by insects or rodents.

(Ord. 2003-614-E, § 1)


Sec. 518.551. Maintenance of Exterior Property Areas.

Exterior property areas shall be maintained so that their appearance shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood. As a minimum:

(a) Lawns, hedges and shrubbery shall be kept neatly trimmed;

(b) All permanent signs and billboards permitted by reason of other regulations or as a lawful nonconforming use, and exposed to public view, shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or, if legally allowed, put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed;

(c) All outdoor salvage yards shall be screened from surrounding property as required by the Zoning Code. Such screening shall be maintained in a good condition free from deterioration or other blighting conditions;

(d) Approved garbage dumpsters or garbage disposal facilities, screened from public view with a site-tight fence, shall be provided and maintained for the disposal of garbage at every occupied structure. The owner and/or occupant shall provide for regular pickup and disposal. All owners and/or occupants shall provide, upon request by the City, proof of service for solid waste disposal.

(e) For those structures or locations not required to utilize trash collection procedures as outlined in the Zoning Code, the owner or occupant shall place all garbage meant for disposal in a garbage can, which shall be purchased from the City. These garbage cans shall be kept inside the structure or premises at all times except during collection times, which shall be established by the City's Solid Waste and Resource Management Department. The owner or occupant shall not place the garbage can outside for more than one hour before each scheduled collection time and shall not leave the garbage can outside for longer than one hour after the can has been emptied. When the garbage can is placed outside the structure or premises for emptying, the owner or occupant of the structure or premises shall place the garbage can close to the street so as not to interfere with the pedestrian use of the sidewalk. Unless otherwise approved by the City's Solid Waste and Resource Management Department, the garbage can(s) shall be placed directly outside the structure or premises that generates the garbage. There shall be no bags or other 'loose' garbage placed on the sidewalk or street for disposal, unless otherwise approved by the City's Solid Waste and Resource Management Department, which may approve other disposal options if a particular structure or premises is unable to comply with this requirement.

(f) Off-street parking shall be governed by the provisions of the Zoning Code.

(g) Walkways, steps of concrete or other suitable paving materials, and ramps, as required, shall be provided and maintained in good condition for access to entrance, parking areas, and other regular routes of pedestrian travel;

(h) Sidewalks in the public right-of-way shall be structurally maintained in accordance with Chapter 740, Ordinance Code, however, it shall be the responsibility of the property owner or occupant to keep the sidewalk areas in front of their property clean, sanitary and free from litter, grime, grease or debris.

(i) Vehicular entrances from the street shall be provided with suitable curb cuts;

(j) No portion of a public sidewalk, alley or street shall be used for the storage or display of goods, material or equipment so as to constitute a Nuisance as defined in Section 518.111, Ordinance Code, above. Sidewalk cafs shall be governed by the provisions of Part Eight of Section 250, Ordinance Code;

(k) For Sidewalk Special Events, as defined herein, no portion of a public sidewalk, alley or street shall be used for the storage or display of goods, material or equipment so as to constitute a Nuisance as defined in Section 518.111, Ordinance Code, above, and in no case without a permit issued by the appropriate City authority.

(Ord. 2003-614-E, § 1)


Subpart B. Exterior Structures


Sec. 518.560. Maintenance of Structure Exteriors.

The exterior of all structures regulated by this Part shall be maintained in good condition and appearance, and as a minimum:

(a) All windows exposed to public view shall be kept clean and free of marks or foreign substances except when necessary in the course of changing displays. Storage of materials, stock or inventory shall be prohibited in window display areas or other areas ordinarily exposed to public view unless said areas are first screened from the public view by drapes, venetian blinds or other permanent cover, rendering the windows opaque to the public view. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair. Nothing herein shall be construed to prohibit window displays which are attractive, neat, orderly and in keeping with community standards;

(b) All walls and other portions of buildings and structures exposed to public view shall be kept in a good state of repair and painted, whitewashed or finished in such other manner as to present a clean, neat and attractive appearance. Goods, material or equipment displayed or stored elsewhere on the premises shall be enclosed in a 90 percent sight-tight enclosure;

(c) Except for 'For Rent' or 'For Sale' signs, any temporary sign or other paper advertising that is glued or otherwise attached to a window or windows, or otherwise exposed to public view shall comply with the provisions of Part 13 of Chapter 656 governing temporary signs;

(d) All graffiti shall be removed within 72 hours.

(e) Any awning or marquis or its accompanying structural members which extend over any street, sidewalk or any other portion of the premises shall be maintained in a good state of repair. In the event said awnings or marquis are made of cloth, metal, plastic or another similar material, said material, where exposed to public view, shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain;

(f) All exterior appurtenances or accessory structures or portions of buildings which are in a deteriorated condition not economically repairable shall be removed;

(g) Chimneys and flue and vent attachments which are not safe, durable, smoke-tight and capable of withstanding the action of flue gasses shall be repaired, replaced or removed;

(h) Exterior porches, landings, balconies, stairs and fire escapes shall be structurally sound and kept in good repair and shall be properly provided with proper banisters or railings;

(i) All roofs shall have an approved covering free of holes, cracks or excessively worn surfaces, which will prevent the entrance of moisture into the structure and provide reasonable durability. Metal roofs showing signs of corrosion shall be painted with an approved product, applied in accordance with the manufacturer's specifications;

(j) A balustrade shall be installed and maintained in good repair on the open side of a balcony, porch, landing, stairwell and stairway, constructed in accordance with the Building Code.

(k) Where repairs are undertaken to that part of a building which abuts a public street, the repairs shall be made with the same or similar type materials as used in the original construction, where possible. Any deviation or substitution must be approved by the Downtown Development Authority, Design Review Committee or its staff. Such repairs shall be made in a workmanlike manner so as to permanently repair the damaged area or areas;

(l) All reconstruction of walls and sidings shall conform to the requirements of the Building Code and shall be finished in a manner such that the materials used will not be of a kind that by their appearance, under prevailing appraisal practices and standards, will depreciate the values of neighboring and adjoining premises.

(m) All ground floor windows shall be maintained with glass or translucent material so as to present the appearance of being glassed. Broken or missing window or door glass shall be repaired or replaced. It shall not be permitted to replace the glass with plywood, or other nontranslucent materials except on an emergency basis. Boarding of ground floor windows for longer than one week shall be prohibited. Any requests for deviation or substitution from these requirements must be approved by the Downtown Development Authority, Design Review Committee, or its staff, within 15 days of citation or other notice by the City of a violation.

(n) All second floor and higher windows, if boarding is required, shall be painted black to maintain the appearance of the rhythm of openings on the structure. Any requests for deviation or substitution must be approved by the Downtown Development Authority, Design Review Committee within 15 days of citation or other notice by the City of a violation. If windows are eliminated on a building, they shall be closed in with construction that is the same type as the construction used in the exterior of the building.

(o) Any streetscape beautification or vegetative improvements over and above that which is provided by the City shall be the responsibility of the property owner or occupant to maintain. No street beautification efforts shall constitute a hazard or nuisance.

(Ord. 2003-614-E, § 1)
 

  • ADDENDUM A

RATES AND FEES
Demolition Fees
The fees contained within this Section are subject to the Annual Review of Fees provision found in Section 106.112, Ordinance Code.

a) Administrative fee $265
b)  Title search and postage cost Based on city's costs
c)  Reinspect cost Based on city's costs
d)  Abatement cost Based on bid or city's costs
e)  Cost of publication Based on actual cost
       Nuisance Abatement Fees
a) Administrative fee $106
b) Title search and postage cost Based on city's costs
c)  Reinspect cost Based on city's costs
d)  Abatement cost Based on bid or city's costs
e)  Cost of publication Based on actual cost
f)  First repeated violation fee $184
g)  Second repeated violation fee $174
h) Third repeated violation fee $175
i)  Fourth and subsequent violation fee $185

 

Maintenance Code Special Service Inspection $515
(Ord. 96-458-297, § 1; Ord. 2010-216-E, § 8) 

 

  • ADDENDUM B
PROSECUTION PENALTIES
The penalty provisions and classes of offenses found in Chapter 609, Schedule "A1" are hereby adopted as the penalty provisions of this Chapter.
(Ord. 96-458-297, § 1; Ord. 2007-286-E, § 5)