ORDINANCE NO. 08-22 AN ORDINANCE OF THE CITY OF SOUTH DAYTONA, VOLUSIA COUNTY, FLORIDA, ADOPTING THE 2006 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND INTERNATIONAL FIRE CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, WITH CERTAIN AMENDMENTS THERETO TO CONFORM TO FLORIDA LAW AND THE CITY'S EXISTING CODE OF ORDINANCES; REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS, AND STRUCTURES TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY, AND FIT FOR OCCUPANCY AND USE; AMENDING SECTION 5-189 AND SECTION 5-215 OF THE CITY OF SOUTH DAYTONA CODE OF ORDINANCES ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND INTERNATIONAL FIRE CODE; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 166.021(3), Florida Statutes, provides, in pertinent part, that "the Legislature recognizes that pursuant to the grant of powers set forth in Section 2(b), Art. VIII of the State Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state legislature may act" except for certain limited matters; and WHEREAS, the City of South Daytona actively participates in the enforcement of regulations relevant to safe, sanitary, and habitable property maintenance and structures; and WHEREAS, under its home rule powers, the City of South Daytona may regulate and govern property maintenance to ensure the well-being of its citizens; and WHEREAS, the City of South Daytona has determined that it is in the best interest of the health, safety, and welfare ofthe citizens, businesses within the City, and patrons of such businesses, to adopt the 2006 International Property Maintenance Code and International Fire Code as published by the International Code Council for the maintenance and control of buildings and structures, with amendments thereto to comply with Chapter 162, Florida Statutes, the Florida Building Code, and the City'S Code of Ordinances; and Page 1 of 6
WHEREAS, the International Property Maintenance Code and International Fire Code are not mandatory for buildings or structures designated as historic when judged to be safe and in the public interest of health, safety, and welfare; and WHEREAS, the City of South Daytona has heretofore adopted the Standard Unsafe Building Abatement Code (SUBAC) and finds it necessary, desirable, and in the public interest and welfare, to amend certain sections of the SUBAC relating to City liens on property in cases of repair or demolition by the City, notices to interested parties when the City deems it necessary to make any repairs or to demolish unsafe property, and requirement that the building, structure, or manmade body of water be completely cleaned of all repair or demolition material. NOTE: Underlined words constitute additions to the City of South Daytona Code of Ordinances, strikethrough constitutes deletions from the original Code of Ordinances, and asterisks (***) indicate an omission from the existing text which is intended to remain unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTH DAYTONA, VOLUSIA COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. Code Provisions Affected. Articles IX, X, and XI---Housing, Dangerous Structures, and Maintenance of Commercial Properties; Article IX, Section 5-189---1997 Standard Housing Code and Section 5-190 Amendments to Standard Housing Code, Article X, Section 5-200-- Prohibited and Section 5-201---Finding and notice requiring correction, Section 5-203---Demolition by City; lien declared, and Section 5-204---Notice oflien; recording; interest, and Article XI, Section 5-215---Unsafe structures, Section 5-216---Conditions constituting public nuisance, Section 5-217-- Minimum standards, and Section 5-218---Retrofit of existing properties. SECTION 2. Adopted. (ill. {hl The 1997 Edition of the Standard Housing Code, and all subsequent revisions thereto, as published by the Southern Building Code Congress International, Inc. of Birmingham, Alabama, are hereby adopted by reference, and, together with the modifications and amendments contained herein, shall be known as the "Housing Code of the City of South Daytona." With the exceptions referenced below, the City hereby adopts the 2006 edition of the International Property Maintenance Code and International Fire Code published by the International Code Council, and incorporates the same by reference as if fully set forth herein. Copies of the International Property Maintenance Code and International Fire Code, 2006 edition, together with this ordinance, are on file in the Office ofthe City Clerk of the City of South Daytona. The following sections of the 2006 edition of the International Property Maintenance Code and International Fire Code are hereby amended as follows: Page 2 of 6
(1) IPMC and!fc, Section 101.1. These regulations shall be known as the Property Maintenance Code (IPC), and International Fire Code (!FC), of the City of South Daytona, hereinafter referred to as "this Code. " (2) IPMC, Section 102.3 and!fc, Section 102.4 entitled "Application of other codes and application of the International Building Code," is hereby amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions ofthe current edition ofthe Florida Building Code, Florida Fuel Gas Code, Florida Plumbing Code, Florida Mechanical Code, Florida Residential Code, Florida Existing Building Code and the National Electrical Code NFP A 70. Nothing in this Code shall be construed to cancel, modify, or set aside any provision of the City of South Davtona 's Consolidated Land Development Regulations. All references to the International Model Codes shall be changed to the equivalent currently adopted edition of the Florida Codes: a. International Building Code is Florida Building Code b. International Plumbing Code is Florida Plumbing Code c. International Mechanical Code is Florida Mechanical Code d. International Fuel Gas Code is Florida Fuel Gas Code e. International Residential Code is Florida Residential Code f. International Existing Building Code is Florida Existing Building Code g. International Electrical Code is National Electrical Code NFP A 70 h. International Fire Code is Florida Fire Prevention Code i. International Zoning Code is City of South Daytona's Consolidated Land Development Regulations. (3) IPMC and!fc, Section 103.1, entitled "General," shall read as follows: The Community Development Department or designee is hereby charged with the primary responsibility of enforcing this Code. (4) IPMC and!fc, Section 103.2, entitled "Appointment," shall read as follows: The Code Official shall be appointed by the City Manager or designee. (5) IPMC, Section 103.5, entitled "Fees," is hereby deleted in its entirety. (6) IPMC, Section 106.2 and!fe, Section 109.2, entitled "Notice of Violation," is hereby deleted in its entirety. (7) IPMC, Section 106.3 and!fc, Section 109.2.3, entitled "Prosecution of Violation," is hereby deleted in its entirety. (8) IPMC, Section 107, entitled "Notices and Order," is hereby deleted in its entirety. Page 3 of 6
(9) IPMC, Section 109, entitled "Emergency Measures," is hereby deleted in its entirety. (10) IPMC, Section 110, entitled "Demolition," is hereby deleted in its entirety. (11) IPMC, Section 111, entitled "Means of Appeal," of this Code is hereby deleted in its entirety. (12) IPMC, Section 201.4 and IFC, Section 201.4, entitled "Terms not Defined," is hereby amended to read as follows: Words not defined herein or in the referenced Florida Codes shall have meanings defined in the Florida Statutes, other documents, manuals, or standards adopted elsewhere in the Code of Ordinances. Words not defined in those documents shall have the meaning stated in the Webster's Ninth New Collegiate Dictionary, as revised. (13) IPMC, Section 302.4, entitled "Weeds," shall read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches. (14) IPMC, Section 304.14, entitled "Insect Screens," shall read as follows: Year-round, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved, tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. (15) IPMC, Section 308.5, entitled "Occupant," is hereby deleted in its entirety. (16) IPMC, Section 404.2, entitled "Minimum room widths," shall be amended to read as follows: A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. For purposes of this Code, "habitable room" does not include space occupied by built-in equipment, including but not limited to wardrobes, cabinets, closets, utility spaces, storage areas, appliances, and other similar areas. Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter fronts and appliances or counter fronts and walls. (17) IPMC, Section 404.4.1, entitled "Room Area," shall read as follows: Every living room shall contain at least 120 square feet, and every bedroom shall contain at least 70 square feet of habitable floor area. Every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of habitable floor area for each occupant. For purposes ofthis subsection, "occupant" is defined as a person 18 years or older. Also, for purposes of this Code, "habitable floor area" does not include space occupied by built-in equipment, including but not limited to built-in Page 4 of 6
wardrobes, cabinets, closets, storage, or appliances, and other similar built-in areas. At the time of the enactment of this Ordinance, dwelling units with bedrooms less than 70 square feet may be occupied by no more than one occupant per substandard sized bedroom. (18) IPMC, Section 404.4.5, entitled "Other requirements," is hereby deleted in its entirety. (19) IPMC, Section 602.3, entitled "Heat Supply," shall read as follows: Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from November 15th to March 15th sufficient to maintain a temperature of not less than 68 degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms. (20) IPMC, Subsection 602.4, entitled "Occupiable Work Spaces," shall read as follows: Indoor occupiable work spaces shall be supplied with heat during the period from November 15 th to March 15 th sufficient to maintain a temperature of not less than 68 degrees Fahrenheit during the period the spaces are occupied. (21) IPMC and!fc, Supplemental Code. The provisions of this Code shall be supplemental to all other codes and other ordinances of the City. SECTION 3. Codification. It is the intent ofthe City Council of the City of South Daytona that the provisions of this Ordinance shall be codified. The codifier is granted broad and liberal authority in codifying the provision of this Ordinance. SECTION 4. Severability. If any section, sentence, phrase, word or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion ofthis Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 5. Conflicts. In any case where a provision of this Ordinance is found to be in conflict with a provision of any other ordinance ofthis City, the provision which establishes the higher standards for the promotion and protection of the health and safety of the people shall prevail. SECTION 8. Effective date. This Ordinance shall become effective immediately upon its passage and adoption. Page 5 of 6
PASSED upon first reading at a regular meeting of the City Council of the City of South Daytona held in the City of South Daytona, Florida, on the.8th..-day of Septanw ' 2008. PASSED AND ADOPTED upon second and final reading at a regular meeting of the City Council ofthe City of South Daytona held in the City of South Daytona, Florida, on the day of,2008. SIGNED: ATTEST: Blaine 0 'Neal, Mayor JOSEPH W. YARBROUGH City Manager APPROVED AS TO FORM: ~ 13. g J/l1 OY;1} SCOTT SIMPSON/'I/'-''' City Attorney Page 6 of 6