HomeMy WebLinkAboutOrdinance 93-01
ORDINANCE 93-~
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO MINIMUM STANDARDS FOR BUILDINGS
AND STRUCTURES; CREATING CHAPTER 108 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE TO BE
KNOWN AS THE MINIMUM STANDARDS CODES;
PROVIDING FOR GENERAL PROVISIONS APPLICABLE TO
ALL MINIMUM STANDARDS CODES; PROVIDING
PURPOSES; PROVIDING DEFINITIONS; PROVIDING FOR
APPLICABILITY TO EXISTING STRUCTURES;
PROVIDING FOR ENFORCEMENT AND RIGHT OF ENTRY;
REQUIRING MAINTENANCE OF EXISTING AND NEW
STRUCTURES; PROVIDING FOR ENFORCEMENT
PROCEDURES; ESTABLISHING A MINIMUM STANDARDS
CODE APPEALS BOARD; ESTABLISHING A HOUSING
MINIMUM STANDARDS CODE, INCLUDING PURPOSES,
MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES, MINIMUM REQUIREMENTS FOR
VENTILATION, ELECTRIC LIGHTS AND OUTLETS AND
ELECTRICAL SYSTEMS, GENERAL REQUIREMENTS FOR
EXTERIOR AND INTERIOR STRUCTURES, SANITATION
REQUIREMENTS, APPLICABILITY TO ROOMING HOUSES,
OCCUPANT RESPONSIBILITY, AND LANDOWNER
RESPONSIBILITY FOR MOBILE HOMES; ESTABLISHING
A COMMERCIAL, BUSINESS AND INDUSTRIAL MINIMUM
STANDARDS CODE, INCLUDING PURPOSES, MINIMUM
REQUIREMENTS, AND DUTIES AND RESPONSIBILITIES
OF OWNERS AND OPERATORS; PROVIDING STANDARDS
FOR BUILDINGS, STRUCTURES AND PREMISES
CONSTITUTING PUBLIC NUISANCES OR HAZARDS TO
PUBLIC HEALTH, SAFETY AND WELFARE AND THE
AUTHORITY TO REQUIRE REPAIR, REMOVE, SECURE OR
DEMOLISH SUCH STRUCTURES; PROVIDING FOR
PROCEDURES RELATED TO MAJOR VIOLATIONS;
PROVIDING FOR THE IMPOSITION OF A LIEN ON REAL
PROPERTY IN CONNECTION WITH COSTS AND EXPENSES
INCURRED BY THE CITY TO REPAIR, SECURE, REMOVE
OR DEMOLISH STRUCTURES IN VIOLATION OF THE
MINIMUM STANDARDS CODES; PROVIDING A PROCEDURE
FOR EMERGENCY CITY ACTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. The City commission of the City of Ocoee
has the authority to adopt this Ordinance pursuant to Article VIII
of the Constitution of the state of Florida, Chapter 166, Florida
statutes, and Section C-8.P of Article II of the Charter of the
City of Ocoee.
SECTION TWO. A new Chapter 108 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby adopted as follows:
CHAPTER 108
MINIMUM STANDARDS CODES
ARTICLE I. IN GENERAL
section 108-1. CITATION TO CODE.
This Chapter may be cited and referenced to as the "Minimum
Standards Codes". All references in this Chapter to "this Code"
shall refer to this Minimum Standards Codes established by this
Chapter. The Minimum Standards Codes shall include, but not be
limited to, the Housing Minimum Standards Code established by
Article II hereof and the Commercial, Business and Industrial
Minimum Standards Code established by Article III hereof.
SECTION 108-2. PURPOSES.
The overall purpose of the Minimum Standards Codes is to
protect the public health, safety, and general welfare by
establishing minimum standards governing the maintenance, and
condition of residential, rental, housing, commercial, business and
industrial premises; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make the aforesaid facilities fit for occupancy and
use; to require structural strength, stability, sanitation,
adequate light and ventilation, and safety to life and property
from fire, nuisances and other hazards; to conserve and maintain
the viable housing stock to basic standards essential for occupancy
and use; to minimize the degree to which the economic welfare of
adjacent property is adversely affected or impaired.
SECTION 108-3. DEFINITIONS.
A. Words used in this Chapter shall have their ordinary
dictionary meaning unless otherwise defined herein.
B. Certain words and terms are specifically defined
within this Chapter. Such definitions shall supersede the general
definition or use of the word or term in this section and any other
section where the subject is clearly related. Otherwise, generally
accepted definitions or definitions herein shall prevail.
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C. For the purposes of this Chapter, the following words
and terms shall have the meanings set forth in this Section unless
otherwise indicated by the context:
(1) Abandoned Motor Vehicle - One that is in an
evident state of disrepair or incapable of being moved under its
own power and/or does not have a currently registered license plate
attached to the vehicle.
(2) Accessory structure - A structure, the use of
which is incidental to that of the main building and which is
attached or located on the same premises.
(3) Al ter or Al tera tion
modification in construction or occupancy.
Any
change
or
( 4) Appeals Board - The Minimum Standards Code
Appeals Board created pursuant to section 108-13 of this Chapter.
(5) Basement - That part of a building located
partly or wholly underground.
(6) Building - Any structure built for the support,
shelter, or enclosure of persons, animals, chattels, or property of
any kind, including but not limited to mobile homes, modular
factory-built homes and modular factory-built structures. A
combination of materials to form a construction adapted to
occasional, permanent or continuous occupancy for use for public,
institutional, residence, business or storage purposes.
(7) Building Code - The Building Code of the city
of Ocoee.
(8) Cellar - See basement.
(9) ci ty - The ci ty of Ocoee or its agent as
designated by the Building and Zoning Official charged with the
responsibili ty of enforcing the provisions of the Minimum Standards
Codes.
(10) Code Enforcement Board - The City of Ocoee Code
Enforcement Board established pursuant to Chapter 7 of the Code of
Ordinances of the City of Ocoee.
(11) Deterioration - The condition or appearance of
a building or parts thereof, characterized by holes, breaks, rot,
crumbling, cracking, peeling, rusting or other evidence of physical
decay or neglect, excessive use or lack of maintenance.
(12) Dwelling - Any building which is wholly or
partly used or intended to be used for living or sleeping by human
occupants whether or not such building is occupied or vacant.
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(13) Dwelling unit - Any room or group of rooms
located within a dwelling and forming a single habitable unit for
living, sleeping, cooking and/or eating whether or not such unit is
occupied or vacant.
(14) Enforcement Officer - The enforcement of the
Minimum standards Codes shall be the responsibility of the Building
and Zoning official, or such other person or persons designated by
said Official or the city Commission.
(15) Exposed to public view - Any premises, or any
part thereof, or any building, or any part thereof, which may be
lawfully viewed by the public or any member thereof, from a
sidewalk, street, alleyway, or from any adjoining or neighboring
premises.
(16) Exterior of premises - Those portions of a
building which are exposed to public view and the open space of any
premises outside of any building erected thereon.
(17) Extermination - the control and extermination
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, trapping; or by
any other recognized and legal pest elimination methods.
(18) Family - One or more persons occupying a single
dwelling unit provided that unless the members are related by law,
blood or marriage, no such family shall contain more than five (5)
persons, but further provided that domestic servants employed on
the premises may be housed on the premises without being counted as
a separate or additional family or families.
(19) Fire hazard Anything or any act which
increases or may cause an increase of the hazard or menace of fire
to a greater degree than that customarily recognized as normal by
experts in preventing, suppressing, or extinguishing fire; or which
may obstruct, delay or hinder or may become the cause of an
obstruction, a delay, a hazard or a hindrance to the prevention,
suppression or extinguishment of fire.
(20) Floor area - The sum of the gross horizontal
areas of one (1) or more floors of a building measured from the
exterior faces of exterior walls or from the center line of the
wall separating two (2) attached buildings.
(21) Garbage - All kitchen and table food waste,
animal or vegetative waste that is attendant with or results from
the storage, preparation, cooking or handling of food materials.
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(22) Habitable room - A space in a structure for
living, sleeping, eating or cooking. Bathrooms, toilet
compartments, closets, halls, storage or utility spaces, and
similar areas are not considered habitable space.
(23) Health officer Director of the Health
Department of Orange County, Florida, or such person's designee.
(24) Infestation - The existence in large numbers of
insects, rodents, or other pests so as to render the premises
unpleasant, unsafe or unsanitary.
(25) Major violation - A defect that exists on a
property or structure that is immediately dangerous to the health,
safety or welfare of the occupants, passerbys or persons in
contiguous areaSj a defect that exists that seriously undermines
that component or structural member which renders that component or
member unsafe to use or exist in its present condition.
(26) Minor violation - A defect that exists on a
property or structure that in its present state of disrepair,
deterioration or absence, does not constitute an immediate hazard.
(27) Mixed occupancy - A building used for two or
more occupancies classified in different occupancy groups.
(28) Mobile Home - A movable or portable detached
single-family dwelling designed for and capable of being used for
long-term occupancy, designed to be transported after fabrication
on its own permanent chassis and wheels, arriving at the site
substantially complete.
(29) Modular Factory-built Home - A modular unit
residential building composed of one (1) or more dwelling units, or
habitable rooms or component parts thereof, which is either wholly
manufactured or in substantial part constructed in a central
manufacturing facility.
(30) Multiple Dwelling - Two or more dwelling units
whose occupants are living independently of each other and doing
their own cooking in the said building, and including flats and
apartments.
(31) Nuisance or Public Nuisance - Anyone or
combination of the following:
(i) Any public nuisance known at common law or in
equity jurisprudence or as provided by the
statutes of the state of Florida or ordinances
of the City of Ocoee.
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(ii) Any attractive nuisance which may prove
detrimental to the health or safety of
children and others whether in a building, on
the premises of a building or upon an
unoccupied lot. This includes, but is not
limi ted to: abandoned wells, shafts,
basements, excavations, unused ice boxes,
refrigerators, abandoned motor vehicles and
any structurally unsound fences or structures;
lumber, trash, fences, debris, or vegetation
such as poison ivy, oak or sumac, which may
prove a hazard for inquisitive persons.
Abandoned buildings are attractive nuisances
when they are unsecured or unsecurable and
when by reason of abandonment or neglect they
contain unsound walls or flooring, unsafe
wiring, fire hazards, or other unsafe
conditions as further defined herein. Unsafe
condi tions may include such neglect of
security that opportunities for criminal
activity persist to the danger and detriment
of the neighborhood.
(iii) Physical or unsanitary conditions or
conditions so lacking illumination or
ventilation as to be dangerous to human life
or detrimental to health of persons on or near
the premises where the condition exists;
(iv) Major or minor violations of the Minimum
Standards Codes which cumulatively impact upon
premises to the point whereby conditions
endanger human life or substantially and
detrimentally affect the safety or security of
occupants, nearby occupants or passers-by;
(v) Whatever renders air, food or drink
unwholesome or detrimental to the health of
human beings;
(vi) Fire hazards; and/or
(vii) Anything constituting a "nuisance and menace
to public health, safety and welfare" under
the provisions of section 115-1 of the Ocoee
City Code.
(32) Operator - Any person who has charge, care or
control of premises or a part thereof, whether with or without the
knowledge or consent of the owner.
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(33) OWner - (i) The holder of the title in fee
simple to real property and/or any person in whose name the ad
valorem tax bills for the real property are issued, and/ or (ii)
the holder of the title to a mobile home and/or any person in whose
name the tax bill for such mobile home is issued. In the case of
a mobile home, all references to the "owner" shall include the
persons holding title, whether jointly or severally, to both the
mobile home and the land on which the mobile home is located, which
persons shall be jointly and severally liable under this Chapter.
It shall also mean any person who, alone or jointly or severally
with others:
(i) Shall have legal title to any building,
structure, dwelling, dwelling unit or mobile
home, with or without accompanying actual
possession thereof; or
(ii) Shall have charge, care or control of any
building, structure, dwelling, dwelling unit
or mobile home, as owner, executor, executrix,
administrator, trustee, guardian of the estate
of the owner, mortgagee or vendee in
possession, or assignee of rents, lessee, or
other person, firm or corporation in control
of a building or structure; or their duly
authorized agents. Any such person thus
representing the actual owner shall be bound
to comply with the provisions of this Chapter,
and of rules and regulations adopted pursuant
thereto, to the same extent as if they were
the owner. It is their responsibility to
notify the actual owner of the reported
infractions of these regulations pertaining to
the real and/or personal property which apply
to the owner.
(34) Person An individual, corporation,
governmental agency, business trust, estate, trust, partnership,
association, two or more persons having a joint or common interest,
or any other legal entity.
(35) Plumbing - All of the following supplies,
facilities and equipment: gas pipes, gas burning equipment, water
pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bath tubs, shower baths,
installed clothes washing machines, catch basins, vents and any
other similar supplied fixtures, together with all connections to
water, sewer or gas lines and water pipes and lines; sanitary
drainage or storm drainage facilities, the venting system and the
public or private water supply systems, within or adjacent to any
building, structure, or conveyance; also the practice and materials
used in the installation, maintenance, extension, or alteration of
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stormwater, liquid-waste, or sewerage, and water supply systems of
any premises to their connection with any point of public disposal
or other acceptance terminal.
(36) Premises or Property - A lot, plot or parcel
of land including the buildings or structures thereon.
(37) Public areas - An unoccupied open space
adjoining a building and on the same property, that is maintained
accessible to the public and free of encumbrances that might
interfere with its use by the public.
(38) Public Nuisance - See Nuisance.
(39) Refuse - Any combustible trash, paper, rags,
pasteboards boxes, berry boxes, whole or broken bottles and all
other trash or discharged materials not containing vegetable or
animal matter tending to rapid decay or putrefaction.
(40) Repair - The replacement of existing work with
the same kind of material used in the existing work, not including
additional work that would change the structural safety of the
building, or that would affect or change required exit facilities,
a vital element of an elevator, plumbing, gas piping, wiring or
heating installations, or that would be in violation of a provision
of law or ordinance. The term "Repair" or "Repairs" shall not apply
to any change of construction.
(41) Residential Occupancy - A building in which
sleeping accommodations are provided, and all dormitories, shall be
classified as "Residential Occupancy". Such buildings include,
among others, the following: dwellings, multiple dwellings, lodging
houses, and rooming houses.
(42) Rooming House - A dwelling used, or intended
to be used, for the furnishing of sleeping accommodations for pay
or other considerations to transient or permanent guests.
( 4 3 ) Rooming Unit - Any room or group of rooms
forming a single habitable unit used or intended to be used for
living and sleeping, but not for cooking or eating purposes.
(44) Rubbish - Combustible and noncombustible waste
materials, except garbage.
(45) Sanitary Sewer - Any sanitary sewer owned,
operated and maintained by the City of Ocoee or any other
governmental entity and available for public use for the disposal
of sewage.
structures,
(46) Sewage - water-carried wastes from buildings,
dwellings, residences, business buildings,
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institutions, industrial establishments and other customers of a
sanitary sewer system.
(47) Skirting - A barrier designed specifically to
protect and hide from view the undercarriage, piers, and tie-down
straps of mobile homes and manufactured housing or buildings.
Skirting may also be constructed of natural durable or pressure
treated wood. Natural durable wood is redwood, cedars or black
locust. Approved Skirting shall be a skirting system manufactured
specifically for the purpose of installation on mobile homes and
manufactured housing or buildings' undercarriages. All skirting
shall be installed according to the manufacturer's specifications
and/or applicable City Codes.
(48) Solid Waste - Garbage, refuse, rubbish, yard
trash, clean debris, white goods, construction and demolition
debris, special waste, ashes, sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material
resulting from domestic, industrial, commercial, agricultural or
governmental operations.
(49) Stairway - 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.
(50) Story - That portion of a building included
between the surface of any floor and the surface of the next floor
above it or, if there is no floor above it, then the space between
the floor and the ceiling above it.
(51) Structure - Anything constructed or erected
with a fixed location on the ground or attached to something having
a fixed location on the ground. Among other things, structures
include buildings, mobile homes, modular factory-built homes,
modular factory-built structures, walls, fences, billboards and
poster panels.
(52) Temporary Structure - Any structure to serve
a use temporarily such as a field or sales office or contractor's
office for which a use permit may be granted.
(53) Supplied - Paid for, furnished, or provided by
or under control of, the owner or operator.
(54) ventilation - The process of supplying and
removing air by natural or mechanical means to or from any space.
(55) Violator - Any owner, operator, or legally
responsible person who owns, maintains, or utilizes a structure
and/or owns, maintains or utilizes property in violation of this
Chapter or any other provisions of the Code of Ordinances of the
City of Ocoee. Owners are ultimately responsible for controlling
conditions and uses on their structures and/or property and may not
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by contract or abandonment of the structure and/or property avoid
responsibility and liability as an owner.
(56) Washrooms - Enclosed space containing one or
more sinks, tubs, showers, or basins and which shall also include
toilets, urinals, or fixtures serving similar purposes.
(57) Water Closet compartment - Enclosed space
containing one or more toilets which may also contain one or more
lavatories, urinals and other plumbing fixtures.
(58) weathering - Deterioration, decay or damage
caused by exposure to the elements.
(59) working Order - To perform or operate as
intended by the manufacturer.
(60) Yard - An open space measured horizontally
between a building and the adjoining lot lines or street setback
lines, where applicable, unoccupied and unobstructured by any
portion of a structure from the ground upward.
SECTION 108-4. APPLICABILITY TO EXISTING BUILDINGS AND
STRUCTURES.
The provisions of the Minimum Standards Codes shall apply to
every building or structure irrespective of when said building or
structure was constructed, altered, or repaired. Additionally:
(A) If, within any period of twelve (12) months,
alterations or repairs are made to an existing building or
structure, which, in the opinion of the Building and Zoning
Official, affect more than fifty percent (50%) of such building or
structure, then, such building or structure shall be made to
conform to the requirements of the City of Ocoee Building Code for
new buildings and structures.
(B) If more than fifty percent (50%) of an existing
building or structure is, in the opinion of the Building and Zoning
official, damaged by fire or other casualty, then such building or
structure in its entirety shall be made to conform to the
requirements of the Ocoee Building Code for new buildings and
structures.
(C) If, in the opinion of the Building and Zoning
Official less than fifty percent (50%), but more than twenty-five
percent (25%) of such building or structure is damaged as referred
to in subsection (B) above, then the portions to be altered or
repaired shall be made to conform to the requirements of the Ocoee
Building Code for new buildings and structures to such extent as
the Building and Zoning Official may determine.
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(D) Repairs and alterations not covered by this Section,
restoring a building or structure to its condition previous to
damage or deterioration, or altering it in conformity with the
provisions of the Ocoee Building Code or in which manner as will
not extend or increase an existing nonconformity or hazard, may be
made with the same kind of materials as those of which the building
or structure is constructed.
SECTION 108-5. ENFORCEMENT OFFICER.
The provisions of this Chapter shall be administered by the
Building and Zoning Official of the City of Ocoee or such other
person or persons designated by said Official or by the City
commission of the City of Ocoee. All inspections, regulations,
enforcement and hearings on violations of the provisions of this
Chapter, unless expressly stated to the contrary, shall be under
such person's direction and supervision.
SECTION 108-6. RIGHT OF ENTRY AND INSPECTIONS
In accordance with the requirements of applicable federal or
state law, the enforcement officer, upon presentation of proper
identification to the owner, occupant or agent in charge of such
property, may enter any building, business, industrial premise,
structure, dwelling, apartment, apartment house, or other premises
regulated by the Minimum Standards Codes within the city of Ocoee,
Florida, during all reasonable hours to enforce the Minimum
Standards Codes, except in cases of emergency where extreme hazards
are known to exist which may involve the potential loss of life or
severe property damage, in which case the above limitations shall
not apply. Furthermore, the enforcement officer shall inspect all
aforementioned premises, when directed by the Building and Zoning
Official, prior to the application for City utility Service,
including transfers. Upon written acceptance of a premise, the
utility department may release service.
SECTION 108-7. MAINTENANCE REQUIRED
All buildings or structures, 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 the
Minimum Standards Codes in a building when erected, altered, or
repaired, shall be maintained in good working order.
SECTION 108-8. HIGHER STANDARD TO PREVAIL IN CASE OF CONFLICT
WITH OTHER ORDINANCES OR LAWS
In any case where the provisions of this Chapter imposes a
higher standard than set forth in any other applicable ordinances,
or state or federal laws, then the standard as set forth herein
shall prevail but if the provisions of this Chapter impose a lower
standard than any other applicable ordinances, or state or federal
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law, then the higher standard contained in any such ordinances or
law shall prevail.
SECTION 108-9. REQUIREMENTS NOT COVERED BY CODES
Any requirements, not specifically covered by the Minimum
Standards Codes, but found necessary for the safety, health, and
general welfare of the occupants of any dwelling, shall be
determined by the Building and Zoning Official, or his designee,
subject to appeal to the Appeals Board.
SECTION 108-10. LIABILITY
Any officer or employee, of the City of Ocoee or member of the
Appeals Board or Code Enforcement Board charged with the
enforcement of this Chapter in the discharge of their duties, shall
not thereby render themselves liable personally, and they are
hereby relieved from all personal liability for any damage that may
accrue to persons or property as a result of any act required or
permitted in the discharge of their duties.
SECTION 108-11. ENFORCEMENT OF AND COMPLIANCE WITH OTHER
ORDINANCES
No certification of compliance with this Chapter shall
constitute a defense against any violation of any other ordinance
of the City of Ocoee otherwise applicable to any structure or
premises, nor shall any provision of this Chapter relieve any owner
or operator from complying with other applicable City Ordinances or
prevent any official of the City of Ocoee from enforcing any such
ordinances.
SECTION 108-12. PROCEDURE WHERE VIOLATION IS DISCOVERED
Whenever the enforcing authority determines that there has
been or is a violation, or that there are reasonable grounds to
believe that there has been or is a violation of any provision of
this Chapter, the enforcing authority shall give notice of such
violation or alleged violation to the owner of the property which
is the subject of the notice and to such other person or persons
responsible for the correction thereof under the provisions of this
Chapter, the Code of Ordinances of the City of Ocoee, or other
federal, state or local laws, statutes, ordinances, rules or
regulations. Such notice shall:
(1) Be in writing;
(2) Includes a description of the real estate or
address sufficient for identification;
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(3)
specify the violation(s)
factual description and
required;
by
the
code citation and
remedial action
(4) Include a schedule as to the time allowed for
completion of the required improvements necessary
to bring the building into compliance with the
Minimum Standards Codes.
(5) The written notice referred to above shall be
considered to be adequately delivered by depositing
the notice in the united states Post Office
addressed to such person (s) at his last known
address with postage prepaid thereon, certified
mail, return receipt requested.
(6) The time given to comply with minor violations as
defined in the Minimum Standards Codes shall not
exceed sixty (60) days. The time given to comply
with major violations shall not exceed fifteen (15)
days.
(7) Any violation not corrected in the time and manner
specified in the notice pursuant to this section
may be referred to the Code Enforcement Board or
the Ci ty , at its options, may independently or
concurrently take such other enforcement action as
may be permitted by law, statutes or ordinance.
SECTION 108-13. MINIMUM STANDARDS CODE APPEALS BOARD:
HEARINGS
A. There is hereby created a Minimum Standards Code
Appeals Board. The members of the Appeals Board shall be the City
Engineer, the City Fire Chief and the city Director of Public
Works, or their respective designee. The City Engineer shall be
chairman of the Appeals Board. The Appeals Board shall meet from
time-to-time at the call of the Chairman or the Building and Zoning
Official. The Chairman shall designate a Recording Secretary of
the Appeals Board who shall maintain the permanent records of the
Appeals Board.
B. Any person aggrieved or affected by any decision or
notice of the Building and Zoning Official pertaining to the
Minimum Standards Codes may appeal such notice or decision to the
Minimum Standards Code Appeals Board. Such appeals shall be filed
in writing with the Building and Zoning Official within five (5)
days from the date of order or notice and must contain at least the
following information:
1. Identification of the building or structure
concerned by street address or legal description.
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2. A statement identifying the legal interest of each
appellant.
3. A statement identifying the specific order or
section being appealed and the basis of the appeal.
4. The legal signature of all appellants and their
official mailing address.
Upon receipt of an appeal as set forth above, the Building and
Zoning Off icial Shall request that the Chairman of the Appeals
Board meet to consider such appeal and shall deliver copies of the
appeal to all members of the Appeals Board. The Chairman shall
thereafter schedule a meeting of the Appeals Board and shall fix a
date, time and location for the hearing of the appeal. The hearing
date shall be not more than ten (10) working days from the date the
appeal was filed with the Building and Zoning Official. The
Applicant shall be notified by telephone or written notice of the
time and date of the hearing.
C. Failure of any person to appear at the hearing shall
constitute a waiver of his rights to an additional hearing of the
appeal. The hearing shall offer the appellant reasonable
opportunity to be heard on those matters or issues raised by the
appellant in his written appeal. The appellant may appear at the
hearing in person or through his attorney or other designated
representative.
D. The Appeals Board
amend or dismiss the order or
vote of the Appeals Board.
continuances for good cause.
shall have the authority to uphold,
notice of violation by a majority
The Appeals Board may grant
E. The final decision of the Appeals Board shall be in
writing and shall contain all requirements to be complied with. A
copy of the decision shall be delivered to the appellant either
personally or by mail. The effective date of the Appeals Board's
final decision shall be as stated herein.
F. A permanent record shall be made of all hearings
using the method of recording designated by the Appeals Board.
G. Any appeals of the decision of the Minimum Standards
Code Appeals Board shall be heard by the City Code Enforcement
Board.
ARTICLE II. HOUSING MINIMUM STANDARDS CODE
SECTION 108-14. CITATION
This Article may be cited and referenced to as the "Housing
Minimum Standards Code".
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SECTION 108-15. PURPOSE
The purpose of this Housing Minimum Standards Code is to
protect the public health, safety, and welfare by establishing
minimum standards, governing the maintenance, appearance and living
conditions of housing. Through the sanitation, adequate light and
ventilation, and safety to life and property from fire, nuisances
and other hazards, the viable housing stock shall be conserved and
maintained at least to basic, adequate standards essential to make
housing fit for occupancy and use. This Housing Minimum Standards
Code imposes certain responsibilities and duties upon owners and
operators of property, authorizes inspections and hearings
regarding the conditions on property including repair, vacation,
and demolition of structures or nuisance conditions. This Housing
Minimum Standards Code is hereby declared to be remedial and
essential for the public interest and it is intended that this
Housing Minimum Standards Code be liberally construed to effectuate
the purposes stated herein.
SECTION 108-16. APPLICABILITY
Every building or structure used in whole or in part as a
dwelling unit or as two or more dwelling units, or as rooming or
boarding houses, shall conform to the requirements of this Housing
Minimum Standards Code irrespective of the primary use of such
building or structure, and irrespective of when such building or
structure may have been constructed, altered or repaired.
This Housing Minimum Standards Code establishes minimum
standards for occupancy, and does not replace or modify standards
otherwise established for construction, replacement or repair of
building or structure except such as contrary to and less stringent
than the provisions of this Housing Minimum Standards Code.
No owner or operator shall let for occupancy by any
person any premises, any dwelling, dwelling unit, rooming house,
building or structure which contain major violations as defined in
this Housing Minimum Standards Code.
SECTION 108-17. VIOLATIONS
Procedures for violations of this Housing Minimum
Standards Code shall be as provided generally in Article I of this
Chapter for violations rendering premises unfit for occupancy
and/or subject to demolition and are supplementary as provided in
Article IV of this Chapter.
SECTION 108-18. ADMINISTRATIVE' INSPECTIONS
Administration of and inspections for the purposes of
this Housing Minimum Standards Code are as provided generally in
Article I of this Chapter.
15
SECTION 108-19.
MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES.
No person shall occupy as owner-occupant or let or sublet
to another for occupancy any dwelling or dwelling unit designed or
intended to be used for the purpose of living, sleeping, cooking,
and/or eating therein, nor shall any vacant dwelling building be
permitted to exist which does not comply with the following
requirements:
(A) Sanitary Facilities - Every dwelling unit shall
contain not less than a kitchen sink, lavatory, tub or shower, and
a water closet all in good working condition and properly connected
to an approved water and sewer system. During occupancy, there
shall be provided a safe, adequate and constant supply of potable
water. Every plumbing fixture and water and waste pipe shall be
properly installed and maintained in good sanitary working
condition free from defects, leaks, and obstructions.
(B) Location of Sanitary Facilities All required
plumbing fixtures shall be located within the dwelling unit and be
accessible to the occupants of same. The water closet, tub, or
shower and lavatory shall be located in a room affording privacy to
the user and such room shall have a minimum floor space of 30
square feet with no dimension less than 4 feet. Bathrooms shall be
accessible from habitable rooms, hallways, corridors or other
protected or enclosed areas, not including kitchens or other food
preparation areas.
(C) Hot and Cold Water Supply - Every dwelling unit shall
have connected to the kitchen sink, lavatory, and tub or shower and
adequate supply of both cold and hot water. All water shall be
supplied through an approved distribution system connected to a
potable water supply.
(D) Water Heating Facilities - Every dwelling unit shall
have water heating facilities which are properly installed and
maintained in a safe and good working condition and are 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 or shower at a temperature of not less than 120
degrees Fahrenheit. Such water heating facilities shall be capable
of meeting the requirements of this subsection when the dwelling or
dwelling unit heating facilities required under the provisions of
this Housing Minimum Standards Code are not in operation.
Apartment houses may use a centralized water heating facility
capable of heating an adequate amount of water as required by the
Standard Plumbing Code as accepted and amended by the City of Ocoee
to not less than 120 degrees Fahrenheit.
16
(E) Heating Facilities -
(1) Every dwelling unit shall have heating
facilities which are properly installed, are maintained in
safe and good working conditions, and are capable of safely
and adequately heating all habitable rooms, and bathrooms in
every dwelling unit located therein to a temperature of a
least 68 degree Fahrenheit (20 degrees celsius) at a distance
3 feet above floor level, under average winter conditions.
(2) Where a central heating system is not provided,
each dwelling unit shall be provided with facilities whereby
heating appliances may be connected.
(3) Unvented fuel burning heaters shall be
prohibited except for gas heaters listed for unvented use and
the total input rating of the unvented use and the total input
rating of the unvented heaters is less than 30 BTU per hour
per cubic feet of room content. Unvented fuel burning heaters
shall be prohibited in bedrooms.
(F) Kitchen Facilities Every dwelling unit shall
contain a kitchen equipped with the following minimum facilities:
(1) Food preparation surfaces impervious to water
and free of defects which could trap food or liquid.
(2) Shelving, cabinets or drawers for the storage of
food and cooking and eating utensils, all of which shall be
maintained in good repair.
(3) Freestanding or permanently installed cookstove.
Portable electric cooking equipment shall not fulfill this
requirement. Portable cooking equipment employing flame shall
be prohibited.
(4) Mechanical refrigeration equipment for the
storage of perishable foodstuffs.
Exception: Nothing herein shall preclude a written agreement
between an owner and tenant that the tenant will furnish mechanical
refrigeration equipment and/or a cookstove as required in this
section. It shall be an affirmative defense available to an owner
charged with a violation of this section if such an agreement
exists.
(G) Garbage Disposal Facilities - Every dwelling unit
shall have adequate garbage disposal facilities or garbage storage
containers of a type and location approved by the city.
(H) Fire Protection - A person shall not occupy as owner-
occupancy or let to another for occupancy, any building or
17
structure which does not comply with the applicable provisions of
the fire prevention code of the applicable governing body.
(I) Smoke Detector Systems - Every dwelling unit shall be
provided with an approved listed smoke detector, installed in
accordance with the manufacturer's recommendations and in
accordance with NFPA # 74. When activated, the detector shall
provide an audible alarm. The detector shall be tested in
accordance with and meet the requirements of UL 217, single and
Multiple station Smoke Detectors.
SECTION 108-20. MINIMUM REOUIREMENTS FOR VENTILATION.
(A) ventilation -
(1) Every habitable room shall have at least one
screened window or skylight which can be easily opened, or
such other device as will adequately ventilate the room. The
total of openable window area in every habitable room shall
equal to at least 45% of the minimum window area size or
minimum skylight-type window size, as required, or shall have
other approved equivalent ventilation.
(2) Year round mechanically ventilating conditioned
air systems may be substituted for windows, as required
herein, in rooms other than rooms used for sleeping purposes.
Window type air-conditioning units are not included in this
exception.
(B) Bathroom - Every bathroom shall comply with the light
and ventilation requirements for habitable rooms. No window or
skylight shall be required in adequately ventilated bathrooms
equipped with an approved ventilating system.
SECTION 108-21. MINIMUM REOUIREMENTS FOR ELECTRIC LIGHTS AND
OUTLETS.
(A) Where there is electric service available to the
building structure, every habitable room or space shall contain at
least two separate and remote receptacle outlets (receptacles
rendered inaccessible by appliances fastened in place or by
appliances occupying dedicated space shall not be considered as
these required outlets), and a wall or ceiling lighting outlet
controlled by a wall switch shall be provided. Every hall, water
closet compartment, bathroom, laundry room or furnace room shall
contain at least one ceiling-mounted or wall-mounted lighting
fixture. In addition to the lighting fixture in every bathroom and
laundry room, there shall be provided at least one receptacle
outlet. Any new bathroom receptacle outlet shall have ground-fault
circuit interrupter protection.
18
(B) Every common hall and inside stairway in every
building, other than one-family dwellings, shall be adequately
lighted at all times with an illumination of at least 1 foot candle
intensity at the floor in the darkest portion of the normally
traveled stairs and passageways.
SECTION 108-22. MINIMUM REOUIREMENTS FOR ELECTRICAL SYSTEMS.
Every electrical outlet and fixture, all wiring and
equipment shall be installed, maintained and connected to a source
of electric power in accordance with the provisions of the
electrical code of the authority having jurisdiction.
SECTION 108-23.
GENERAL REQUIREMENTS FOR THE EXTERIOR AND
INTERIOR OF STRUCTURES.
(A) Foundation - The building foundation system shall be
maintained in a safe manner and capable of supporting the load
which normal use may cause to be placed thereon.
(B) Skirting - Existing Skirting shall be maintained free
from broken or missing sections, pieces or cross members. Skirting
shall be securely attached and sized from the ground to the lower
outside perimeter of the structure. All mobile homes moved into the
city shall have the undercarriage, piers and tie-down straps
protected and hid from view by Approved Skirting. Existing mobile
homes shall have Approved Skirting installed by no later than six
months after the adoption of this ordinance.
(C) Replacement Skirting - Replacement or new Skirting
shall be Approved Skirting, and shall be constructed of materials
intended for exterior use and properly sized and mounted to prevent
free access to the crawl space of the structure. Crawl space access
grille or door and ventilation grilles shall be sized according to
local code requirements. All Approved Skirting shall be installed
according to the manufacturer's specifications and/or applicable
provisions of the Ocoee City Code.
(D) Exterior Walls - Every exterior wall shall be free of
holes, breaks, loose or rotting boards or timbers, and any other
conditions which might admit rain, or dampness to the interior
portions of the walls or to the occupied spaces of the building.
All siding material shall be kept in repair.
(E) Roofs -
(1) Roofs shall be structurally sound and maintained
in a safe manner and have no defects which might admit rain or
cause dampness in the walls or interior portion of the
building.
19
(2) All portions, additions or sections of a roof
including, but not limited to: fascia, eaves, soffit,
sheathing, rafter tails, barge rafter, vent screening,
gutters, downspouts, roof jacks, lead or metal flashing, shall
be complete with all trim strips, moldings, brackets, braces
and supports in accordance with common building practices. No
item shall display signs of deterioration, abuse or improper
installation that could be construed to affect the purpose of
that item or cause damage to the immediate area or roof
structure, that could allow dampness or admit rain to the
interior of that building.
(F) Means of Egress - Every dwelling unit shall have
safe, unobstructed means of egress with minimum ceiling height of
7 feet leading to a safe and open space at ground level. stairs
shall have a minimum head room of 6 feet, 8 inches.
(G) stairs, Porches and Appurtenances - Every inside and
outside stair, porch and any appurtenance thereto shall be safe to
use and capable of supporting the load that normal use may cause to
be placed thereon and shall be kept in sound condition and good
repair.
.;' \ "PC!
(H) 'c" t\< ;1/.'"
(I) Windows Every window shall be substantially
weather-tight, watertight and rodent-proof, and shall be kept in
sound working condition and good repair.
(J) windows To Be Glazed - Every window sash shall be
fully supplied with glass window panes or an approved substitute
which are without open cracks or holes.
(K) Window Sash - Window sash shall be properly fitted
and weather-tight within the window frame.
(L) Windows To Be Openable - Every window required for
light and ventilation for habitable rooms shall be capable of being
opened and secured in position by window hardware.
(M) Exterior Doors.
(1) Every exterior door, basement or cellar door and
hatchway shall be substantially weathertight, watertight, and
rodent-proof, and shall be kept in sound working condition and
good repair.
(2) Every exterior door shall be provided with
properly installed hardware that is maintained to insure
reasonable ease of operation to open, close and secure in an
open or closed position, as intended by the manufacturer of
the door and the attached hardware.
20
(N) Exterior Door Frames.
(1) Exterior door frames shall be properly
maintained and shall be affixed with weatherstripping and
thresholds as required to be substantially weathertight,
watertight and rodent and insect restrictive when the door is
in a closed position.
(2) Exterior door jambs, stops, headers and moldings
shall be securely attached to the structure, maintained in
good condition without splitting or deterioration that would
minimize the strength and security of the door in a closed
position.
(0) Screens Dwelling units which do not have a
functioning central air conditioning system shall have screens on
all exterior openable windows and doors used or required for
ventilation. Screens on windows and doors shall be stretched and
fitted and maintained without open rips or tears. Screens on
porches, balconies or other appurtenances shall be maintained in
good repair. Screen enclosures, such as those of swimming pools
shall be maintained in good repair.
(P) Protective Treatment - All exterior wood surfaces,
other than decay resistant woods, shall be protected from the
elements and decay by painting or other protecti ve cover ing or
treatment. All siding shall be weather resistant and water tight.
All masonry joints shall be sufficiently maintained to insure water
and air tightness.
(Q) Accessory Structures - Garages, storage buildings and
all other accessory structures shall be maintained and kept in good
repair and sound structural condition.
(R) Interior Floors, Walls, and Ceilings.
(1) 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.
(2) Every toilet, bathroom and kitchen floor surface
shall be constructed and maintained so as to be substantially
impervious to water and so as to permit such floor to be
easily kept in a clean and sanitary condition.
dwelling
evidence
carrying
(S) Structural Supports - Every structural
shall be maintained structurally sound
of deterioration which would render it
normal loads.
element of the
and show no
incapable of
21
(T) Protective Railings For Interior and Exterior stairs
- Interior and exterior stairs and stairwells more than four risers
high shall have handrails located in accordance with the
requirements of the Ocoee Building Code. Handrails or protective
railings shall be capable of bearing normally imposed loads and be
maintained in good condition.
(U) Interior Doors - Every existing interior door shall
fit reasonably well within its frame and shall be capable of being
opened and closed by being properly and securely attached to jambs,
headers or tracks as intended by the manufacturer of the attachment
hardware.
(V) Interior Door Hardware - Every interior door shall be
provided with proper hardware, securely attached and maintained in
good condition. Hasp lock assemblies are not permitted on the
exterior side of the door of habitable rooms.
(W) Bathroom Doors Privacy of bathrooms shall be
afforded by doors complete with privacy hardware intended by
manufacturer for that purpose.
(X) Minimum Dwelling Space Requirements.
(1) Required Space in Dwelling Unit - Every dwelling
unit shall contain at least 150 square feet of floor space for
the first occupant thereof and at least 100 additional square
feet of floor area per additional occupant. The floor area
shall be calculated on the basis of the total area of all
habitable rooms.
(2) Required Space in Sleeping Rooms - In every
dwelling unit, 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 thereof.
(3) Minimum Ceiling Height - Habitable (space) rooms
other than kitchen, storage rooms and laundry rooms shall have
a ceiling height of not less than 7 foot 6 inches. Hallways,
corridors, bathrooms, water closet rooms and kitchens shall
have a ceiling height of not less than 7 feet measured to
the lowest projection from the ceiling.
(a) If any room in a building has a sloping
ceiling, the prescribed ceiling height for the room is
required in only one-half the room area. No portion of
the room measuring less than 5 feet from the finished
floor to the finished ceiling shall be included in any
computation of the minimum room area.
22
(4) Required Dimension - No habitable room other
than a kitchen shall be less than seven (7) feet in any
horizontal dimension.
(Y) Occupancy of Dwelling unit Below Grade - No basement
or cellar space shall be used as a habitable room or dwelling unit
unless:
(1) The floor and walls are impervious to leakage of
underground and surface runoff water and are insulated against
dampness; and
(2) The total window area in each room is equal to
at least the minimum window area size as required in this
Housing Minimum standards Code; and
(3) Such required minimum window area is located
entirely above the grade of the ground adjoining such window
area; and
(4) The total of openable window area in each room
is equal to at least the minimum as required in this Housing
Minimum Standards Code, except where there is supplied some
other device affording adequate ventilation.
SECTION 108-24. SANITATION REQUIREMENTS.
(A) Sanitation - Every owner of a multiple dwelling shall
be responsible for maintaining in a clean and sanitary condition
the shared or common areas of the dwelling and premises thereof.
(B) Cleanliness - Every owner is responsible to require
every occupant of a dwelling unit to keep in a clean and sanitary
condition that part of the dwelling, dwelling unit and premises
thereof which the tenant occupies or which is provided for his
particular use.
(C) Garbage Disposal - Every owner is responsible to
require every occupant of a dwelling or dwelling unit to dispose of
all garbage and any other organic waste which might provide food
for rodents and all rubbish in a clean and sanitary manner by
placing it in the garbage disposal facilities or garbage or rubbish
storage containers. All garbage disposal facilities or garbage or
rubbish storage containers shall comply with section 143-2 of
Chapter 143 of the Code of Ordinances of the City of Ocoee.
(D) Care of Premises - It shall be unlawful for the owner
or occupant of a residential building, structure, or property to
utilize the premises of such residential property for the open
storage of any abandoned motor vehicle, ice box, refrigerator,
stove, glass, building material, building rubbish or similar items.
It shall be the duty and responsibility of every such owner and
23
occupant to keep the premises of such residential property clean
and to remove from the premises all such abandoned items as listed
above, including but not limited to weeds, dead trees, trash,
garbage,etc., upon notice pursuant to this Chapter.
(E) Extermination - Every occupant of a single dwelling
and every owner of a building or structure containing two or more
dwelling units shall be responsible for the extermination of any
insects, rodents or other pests within the building or premises.
Exception: Extermination of wood-destroying organisms shall, in
all cases, be the sole responsibility of the building owner.
(F) Use and Operation of Supplied Plumbing Fixtures -
Every owner and occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean and sanitary condition and shall be
responsible for the exercise of reasonable care in the proper use
and operation thereof.
SECTION 108-25. ROOMING HOUSES.
(A) Compliance Exceptions - No person shall operate a
rooming house, or shall occupy or let to another for occupancy any
rooming unit in any rooming house, except in compliance with the
provisions of this Article.
(B) License Required - No person shall operate a rooming
house without the required state and local licenses.
(C) Sanitary Facilities - At least one (1) toilet, wash
basin and bathtub or shower, properly connected to a water and
sewer or septic system in good working condition shall be supplied
for each fifteen (15) guests or major portion thereof, including
separate facilities for each sex.
(D) Water Heater Required - Every lavatory basin and
bathtub or shower shall be supplied with hot water at all times.
(E) Required Living Space - Every rooming house shall
contain at least one hundred fifty (150) square feet of floor space
for the first occupant thereof and at least one hundred (100)
additional square feet of floor area per additional occupant. The
floor area shall be calculated on the basis of the total area of
all habitable rooms.
(F) Minimum Floor Area For Sleeping Purposes - Every room
occupied for sleeping purposes by one (1) person shall contain at
least seventy (70) square feet of floor space and every room
occupied for sleeping purposes by more than one person shall
contain at least (50) square feet of floor space for each occupant
thereof.
24
(G) Exit Requirement - Every rooming unit shall have
safe, unobstructed means of egress leading to safe and open space
at ground level, as required by the laws of the governed area of or
of the state.
(H) Sanitary Conditions - The owner and operator of every
rooming house shall be responsible for the sanitary maintenance of
all walls, floors, and ceilings, and for maintenance of a sanitary
condition in every other part of the rooming house; and each shall
be further responsible for the sanitary maintenance of the entire
premises where the entire structure or building is leased or
occupied by the operator.
SECTION 108-26.
OCCUPANT RESPONSIBILITY.
Nothing in
construed to relieve
obligation placed or
ordinance.
this Article shall be interpreted or
any occupant of a dwelling unit from any
required by Federal or State law or City
SECTION 108-27.
LAND OWNER RESPONSIBILITY FOR MOBILE HOMES
with respect to mobile homes, the owner of the mobile
home and the owner of the underlying land on which such mobile home
is located shall be jointly and severally responsible and liable
for compliance of such mobile home with this Housing Minimum
Standards Code.
ARTICLE III. COMMERCIAL, BUSINESS AND INDUSTRIAL MINIMUM
STANDARDS CODE
SECTION 108-28. CITATION.
This Article may be cited and referenced to as the
"Commercial, Business and Industrial Minimum Standards Code".
SECTION 108-29. PURPOSE.
The purpose of this Commercial, Business and Industrial
Minimum standards Code is to protect the public health, safety, and
welfare by establishing minimum standards governing the
maintenance, appearance and condition of commercial, business and
industrial premises; to establish minimum standards governing
utilities, facilities and other physical components and conditions
essential to make the aforesaid facilities and duties upon owners
and operators; to authorize and establish procedures for the
inspection of commercial, business and industrial premises; to fix
penalties for violations of this Commercial, Business and
Industrial Minimum Standards Code, and to provide for the repair,
demolition or vacation of commercial, business or industrial
premises. This Commercial, Business and Industrial Minimum
25
standards Code is hereby declared to be remedial and essential for
the public interest and it is intended that this Article be
liberally construed to effectuate the purposes as stated herein.
SECTION 108-30. APPLICABILITY.
Every commercial, business or industrial establishment
and the premises on which it is situated in the city used or
intended to be used for commercial, business, assembly,
educational, hazardous, institutional, mercantile, storage or
industrial occupancy shall comply with the provisions of this
Commercial, Business and Industrial Minimum Standards Code, whether
or not such building or structure shall have been constructed,
altered or repaired before or after the enactment of this
commercial, Business and Industrial Minimum Standards Code, and
irrespective of any permits or licenses which shall have been
issued for the use or occupancy of the building or structure or
premises for the construction or repair of equipment or facilities
prior to the effecti ve date of this Commercial, Business and
Industrial Minimum Standards Code. This Commercial, Business and
Industrial Minimum Standards Code establishes minimum standards for
the initial and continued occupancy and use of all such buildings
and structures. Where there is mixed occupancy, any commercial,
business or industrial use therein shall be nevertheless regulated
by and subject to the provisions of this Commercial, Business and
Industrial Minimum Standards Code.
SECTION 108-31. VIOLATIONS.
Procedures for violations of this Commercial, Business
and Industrial Minimum Standards Code shall be as provided
generally in Article I of this Chapter. Procedures for violations
rendering premises unfit for occupation and/or subject to
demolition are supplementary as provided in Article IV of this
Chapter.
SECTION 108-32. ADMINISTRATION AND INSPECTIONS.
Administration of and inspections for the purposes of
this Commercial, Business and Industrial Minimum Standards Code are
as provided generally in Article I of this Chapter.
SECTION 108-33. MINIMUM REQUIREMENTS FOR COMMERCIAL, BUSINESS
AND INDUSTRIAL STRUCTURES.
(A) General maintenance of commercial, business and
industrial structures:
(1) The exterior of every structure or accessory
structure (including fences, lighting, signs and storefronts)
shall be maintained in good repair and shall be
26
substantially weathertight, watertight and shall be made
impervious to the adverse effects of weather and be maintained
in sound condition and good repair. All surfaces shall be
maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition
reflective of deterioration or inadequate maintenance to the
end that the basic integrity of the structure may be
preserved, safety and fire hazards may be eliminated, and
adjoining properties and the neighborhood may be protected
from blighting influences;
(2) All reconstruction of walls and sidings shall
conform to the requirements of the Ocoee Building Code and
shall be finished in a manner such that the materials used
will not be of a kind that by their appearance, as determined
by the Building and Zoning Official, will depreciate the
values of neighboring and adjoining premises;
(3) Floors, interior walls and ceilings of every
structure shall be structurally sound and maintained in good
repair;
(4) Floors shall be considered to be structurally
sound and in good repair when capable of safely bearing
imposed loads and shall be maintained at all times in a
condition so as to be smooth, clean, free from excessive
cracks, breaks and other hazards;
(5) Interior walls and ceilings shall be considered
to be in good repair when clean, free from excessive cracks,
breaks, loose plaster and similar conditions. Walls shall be
provided with paint, paper sealing material or other
protective covering so that the said walls and ceilings shall
be kept clean, free of visible foreign matter, sanitary and
well maintained at all times;
(6) All roofs shall have a suitable covering free of
holes, cracks or excessively worn surfaces, which will prevent
the entrance of moisture into the structure and provide
reasonable durability. Roofs shall be maintained in a safe
manner and have no defects which might admit rain or cause
dampness in the walls or interior portion of the structure;
(7) Every lavatory and water closet shall be in good
working condition and properly connected to an approved water
and sewer system, unless otherwise provided by the Ocoee City
Code. Every plumbing fixture and waste pipe shall be
properly installed and maintained in good sanitary working
condition, free from defects, leaks, and obstructions.
Washroom and water closet compartment floors shall be surfaced
with water resistant materials and shall be kept in a dry,
clean and sanitary condition at all times;
27
(8) supporting structural members are to be kept
structurally sound, free of deterioration and capable of
bearing imposed loads safely;
(9) Every washroom and water closet compartment
shall be provided with permanently installed artificial
lighting fixtures with a switch and wallplate so located and
maintained that there is no danger of short circuiting from
water, from other bathroom facilities or from splashing of
water;
(10) All occupied
connected to and be provided
safely insulated conductors
Electrical Code as adopted and
premises shall
with electric
conforming to
amended by the
be properly
power through
the National
City of Ocoee.
(11) All wiring and equipment shall be installed and
maintained in accordance with the requirements of the
authority having jurisdiction. Flexible cords shall not be
permitted as a substitute for the fixed wiring of a structure.
No ceiling or wall fixture shall be used for supplying power
to equipment other than that for which they are designed;
(12) The owner and operator shall each have the duty
and full responsibility of providing approved garbage storage
containers. All garbage storage containers shall comply with
Section 143-2 of Chapter 143 of the Code of Ordinances of the
City of Ocoee;
(13) Inflammable or combustible liquids or other
materials may not be stored on the premises unless they are of
a type approved for storage by the regulations of the City of
Ocoee Fire Department and then only in such quantities and in
such fireproof storage containers as may be prescribed by the
regulations of said department.
(14) Sources of infestation and all nuisance
conditions shall be abated, or they shall be sUbject to
enforcement actions as provided in the Article IV of this
Chapter.
(15) Foundation walls shall be kept structurally
sound, free from defects and damage and capable of bearing
imposed loads safely;
(16) Operating chimneys and all flue and vent
attachments thereto shall be maintained structurally sound,
free from defects and so maintained as to capably perform at
all times the function for which they were designed. Chimneys,
flues, gas vents or other draft producing equipment shall
provide sufficient draft to develop the rated output of the
connected equipment, shall be structurally safe, durable,
28
smoketight and capable of withstanding the action of flue
gasses; and
(17) Exterior porches, landings, balconies, stairs
and fire escapes shall be provided with banisters or railings
properly designed and maintained to minimize the hazard of
falling, and the same and shall be kept structurally sound, in
good repair and free from defects.
(B) signs and Billboards - All permanent signs and
billboards exposed to public view permitted by reason of other
regulations or as a lawful nonconforming use 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 forthwith or put
into a good state of repair. All non-operative or broken
electrical signs shall be repaired or shall, with their supporting
members, be removed forthwith.
(C) Windows - Window panes or an approved substitute
shall be maintained without cracks or holes.
(D) store Fronts and Walls - All store fronts and walls
exposed to public view shall be kept in good repair and shall be
substantially weathertight, watertight and shall be made impervious
to the adverse effects of weather and shall be maintained in sound
condition, and shall not constitute a safety hazard or nuisance. In
the event repairs to a store front become necessary, such repairs
shall be made with the same or similar materials used in the
construction of the store front in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a store
front shall be kept painted, where required, and in good repair.
(E) Awnings and Marquees - Any awning or marquee and its
accompanying structural members which extend over any street,
sidewalk or any other portion of the premises shall be maintained
in good repair and shall not constitute a nuisance or a safety
hazard. In the event such awnings or marquees are not properly
maintained in accordance with the foregoing, they shall, together
with their supporting members, be removed forthwith. In the event
said awnings or marquees are made of cloth or plastic, where exposed
to public view, shall be maintained in good condition and 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) Egress - Every structure shall have such unobstructed
means of egress leading to open space outside of any building or
structure or part thereof, which shall be of a number, size, design
and location meeting local and state building codes, housing
standards, fire code and other applicable requirements.
29
SECTION 108-34.
DUTIES AND RESPONSIBILITIES OF OWNERS AND
OPERATORS OF COKMERCIAL. BUSINESS OR
INDUSTRIAL STRUCTURES.
(A) All parts of the premises under the control of the
owner or operator shall be kept in a clean and satisfactory
condition and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or
unsani tary or which would obstruct the owner or operator from
performing any duty required hereunder or maintaining the premises
in a clean and sanitary condition.
(B) Every owner and operator shall be responsible for the
elimination of infestation in and on the premises subject to his
control.
(C) Every owner and operator shall be responsible for
repairing damage to any part of the premises.
(D) Every owner and operator shall maintain all plumbing
fixtures in a clean and sanitary condition and they shall not
deposit any material in any fixture or sewer system which would
result in stoppage of or damage to the fixture or sewer system.
(E) Where the owner would not otherwise know of a defect
of any facility, utility or equipment required to be furnished
hereunder and the same is defective or inoperable, each operator
affected thereby shall, upon learning of said defect, provide
notice to the owner or person in charge of the premises.
(F) Nothing herein shall be construed to provide a
defense to any owner violating this Commercial, Business and
Industrial Minimum Standards Code. Owners are presumed responsible
for their structures and properties. Owners are ultimately
responsible for controlling conditions and uses on their structures
and property and may not by contract or abandonment of the
structure or property avoid responsibility or liability for
violations of this Commercial, Business and Industrial Minimum
Standards Code. However, in the circumstances def ined in this
section, operators may be held jointly and severally liable, as
well as the owners.
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ARTICLE IV.
BUILDINGS, STRUCTURES AND PREMISES
CONSTITUTING PUBLIC NUISANCES OR HAZARDS
TO PUBLIC HEALTH. SAFETY AND WELFARE:
AUTHORITY TO REOUIRE REPAIR, REMOVE,
SECURE OR DEMOLISH
SECTION 108-35. PUBLIC NUISANCES.
Public nuisances are defined in the definitions of
section 108-3 of this Chapter. When nuisance conditions or hazard
degenerate or cumulatively impact on structures, dwellings, or
other buildings regulated by the Minimum Standards Codes, to the
extent that repair, removal, securing or demolition is necessary
for the public health, safety and welfare, then the Building and
zoning Official or his designee or the Code Enforcement Board are
authorized to order the property owner or city agents to repair,
remove, secure, vacate or demolish such structures according to
procedures outlined herein. These powers are hereby declared to be
remedial and essential for the public interest and it is intended
that such powers be liberally construed to effectuate the purposes
stated herein.
SECTION 108-36. APPLICABILITY.
This Article IV shall apply to all buildings and
structures regulated generally by this Chapter.
SECTION 108-37. ADMINISTRATION AND INSPECTIONS.
Administration of and inspections for the purposes of
this Chapter is as provided generally in Article I of this Chapter.
Additional provisions necessary for the demolition or expedient
abatement of public nuisances are as provided in this Article IV of
this Chapter.
SECTION 108-38. PROCEDURE FOR MAJOR VIOLATIONS GENERALLY.
Procedures for handling major violations shall be
generally as provided in Article I of this Chapter, except that
depending upon the degree of danger to the occupants or public, the
enforcement officer may cause the Notice of Violation to warn the
property owner(s) that failure to cure said major violations may
result in further Code Enforcement Board action to effectuate
necessary repairs, removals, securing or vacating or demolition of
structure(s).
PROCEDURE FOR VACATING OF STRUCTURES OR
PREMISES.
SECTION 108-39.
(A) Notice to Vacate - Whenever the Building and Zoning
Official, or his designee, or the Code Enforcement Board, shall
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declare a building or structure unfit for human occupation and
constituting a nuisance, notice shall be given to the owner and
occupant of such declaration and placarding of the building or
structure as unfit for human occupancy. Such notice shall:
(1) contain all elements required by notices
generally by Article I of this Chapter.
(2) State the time and date by which occupants must
vacate the building or structure.
(3) Said notice shall further state that if such
repairs, reconstruction, alterations, removal, or demolition
are not voluntarily completed within the stated time as set
forth in the notice, the Building and Zoning Official, or his
designee, or the Code Enforcement Board's designee, shall
institute proceedings charging the person or persons, firm,
corporation, or agent with a violation of this Code.
(B) Service of Notice - Service of notice to vacate shall
be as follows:
(1) By delivery to the owner and the occupant by
any of the following means: (i) by personal delivery to the
owner and occupant; (ii) by leaving the notice at the usual
place of abode of the owner and the occupant with a person of
suitable age and discretion; or (iii) by delivery of a letter
by certified or registered mail containing a notice addressed
to the owner and the occupant at their last known address
with postage prepaid thereon; and
(2) By posting for seven (7) days a copy of the
notice in placard form, in a conspicuous place on the premises
to be vacated.
(C) Vacating of Declared Building - Any building or
structure condemned as unfit for human occupancy or occupation, and
so designated and placarded by the Building and Zoning Official, or
his designee or by the designee of the Code Enforcement Board,
shall be vacated immediately after notice of such condemnation has
been given to the owner and the occupant of the building or
structure.
(D) Occupancy of Building - No building which has been
condemned and placarded as unfit for human occupancy or occupation
shall again be used for human occupancy or occupation until
approval is secured from and such placard is removed by the
Building and Zoning Official, or his designee, or the designee of
the Code Enforcement Board. The Building and Zoning Official, or
his designee or the designee of the Code Enforcement Board shall
remove such placard whenever the defect or defects upon which the
condemnation and placarding action were based have been eliminated.
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(E) Removal of Placard or Notice - No person shall deface
or remove the placard from any building or structure which has been
condemned as unfit for human occupation and placarded as such,
except as provided in the preceding subsection.
(F) Penalty for violation of this section - Any person
who violates any provision of this section shall pay a fine not to
exceed two hundred fifty ($250.00) dollars for each day the
violation exists; provided, however, that any person who the
Building and Zoning Official, or his designee, or the Code
Enforcement Board finds to be a repeat violator of any provision of
this section shall pay a fine not to exceed five hundred dollars
($500.00) for each day that the repeat violation exists.
SECTION 108-40.
PROCEDURE FOR CITY WORK OR CONTRACTED
WORK TO REPAIR/SECURE.
In cases involving nuisance or hazardous conditions which
require direct governmental action to abate a serious and
continuing danger to the public or occupants, including attractive
nuisance cases, and where the property owner or operator fails to
heed the notices and enforcement efforts made by the City pursuant
to Article I of this Chapter, but where the emergency nature of the
dangers to the public is not so extreme as to warrant dispensing
with notice to the property owner(s), then the City enforcement
officials shall proceed to:
(A) Comply with the above-outlined procedures for
vacating property, if necessary due to dangerous conditions;
(B) Give notice, which may be combined with the notice to
vacate and/or the Code Enforcement Board Statement of Violation and
Notice of Hearing, which informs the property owner that an order
will be sought from the Code Enforcement Board for City work or
contracted work to repair or secure the property. The notice will
prominently inform the property owner that failure to repair the
property or follow the Code Enforcement Board's orders may result
in City work which shall be charged as a lien against the property.
The notice will describe the condition(s) found by the enforcement
officer to constitute a hazard or nuisance. The notice will
generally inform the property owner of the work or repairs to be
done which will correct the nuisance or hazardous condition(s).
(C) If the owner still fails to cure the condition(s) by
the time set for the Code Enforcement Board hearing pursuant to the
above-detailed notice, then the enforcement officer shall submit
proof at the Code Enforcement Board hearing concerning the
dangerousness of the condition(s) to the public AND the property
owner's inability or unwillingness to cure such dangers, thus
necessitating public action to repair or secure the property. The
Code Enforcement Board may render its order requiring the city to
perform such work as is necessary to secure the property or to
33
render it safe. The order may also require vacating of the property
if such action is necessary and has not already been accomplished.
(D) The enforcement officer shall take such action as has
been authorized by the Code Enforcement Board to secure the
property or render it safe, including the letting of contracts,
pursuant to City purchasing requirements, to repair or remove
dangerous conditions and items; provided, however, that any such
repair work by the City shall be subject to the availability of
funds duly appropriated by the city commission for such purpose.
The owner shall be obligated to reimburse the City for all costs
and expenses incurred by the City in order to secure the property
or render it safe, plus interest thereon at the rate of eighteen
percent (18%) per annum from the date the City incurs such costs
and expenses through the date of paYment thereof. All such costs
and expenses, together with interest and the costs of collection as
hereinafter provided, shall be immediately due and payable to the
City, shall be the personal obligation of the property owner and
shall become a continuing lien upon the real property which is the
subject of such proceeding. Any subsequent or new owner of such
real property shall take title subject to such obligations to the
City. An owner may not escape liability for such paYment by
abandonment of the real property. If such obligation to the City
remains unpaid for a period of sixty (60) days from the date the
city incurred such costs and expenses, then the city may take any
action deemed necessary in order to collect the monies owed to the
City, including, but not limited to retaining the services of a
collection agency or attorney, initiating legal proceedings for the
collection thereof, recording a Notice of Lien as hereinafter
provided, and/or foreclosing same in the same fashion as mortgage
liens are foreclosed. To give the public notice of the sums due to
the City, the City Finance Manager may (but shall not be obligated
to) record a Notice of Lien in the Public Records of Orange County,
Florida, stating the description of the real property which is the
subject of the action, the name of the owner of the real property
and the amount then due and owing to the City.
(E) In the event the City is required to enforce this
section as provided above, then the City shall be entitled to
recover from the Owner all costs and expenses incurred, including
but not limited to its reasonable attorneys' fees, paralegal fees
and other costs and expenses, whether incurred prior to, during or
subsequent to court proceedings or on appeal.
(F) Liens for such City contracted work shall be co-equal
with all state, county and municipal taxes and shall be superior in
dignity to all other liens, titles and claims until paid.
(G) Nothing in this section shall be construed to require
City work to be done or to imply a duty by the City to fix
conditions which are the legal responsibility of the owner(s) of
the property. This section is supplementary to ci ty and Code
34
Enforcement Board authority to order the property owner to remedy
nuisance conditions and is not intended to mandate that any
financial obligations be incurred by the city.
SECTION 108-41.
PROCEDURE FOR CITY OR CITY CONTRACTED
DEMOLITION.
Due to a variety of reasons, including but not limited to
abandonment, neglect, inadequate property management, or
obsolescence, the condition(s) constituting a danger or nuisance to
the public cannot be made safe. Factors evidencing a determination
that a property cannot be made safe may include, but not be limited
to: a history of unsecured or unsecurable, dangerous conditions: a
history demonstrating the property owner's failure to exercise
reasonable control over the property to keep it secure or safe: a
history showing that the property has become an attractive nuisance
to children or transients; a history showing a proliferation of
criminal activity due to dilapidated conditions and lack of
management and control over the premises; a history showing that
notwi thstanding the reasonable efforts of enforcement personnel
and/ or the Code Enforcement Board, the property remains in a
condition which is imminently dangerous to the public health,
safety and welfare. In such cases the enforcement official shall:
(A) Proceed with Notice to Vacate, if such has not
already been accomplished;
(B) Include with Notice to Vacate and statement of
Violation/Notice of Hearing, a statement which fairly informs the
property owner(s) and tenant(s) that the hearing before the Code
Enforcement Board may result in an order requiring the property
owner or City to demolish the structure(s) on the property with any
costs therefor being assessed against the property and constituting
a lien thereon.
(C)
not only upon
served upon
determined by
Such notice of requested demolition shall be served
the property owner(s) of record, but shall also be
mortgage holders and lienholders of record as
a legally valid property records search.
(D) The notice of requested demolition shall describe the
condition(s) found by the enforcement officer.
(E) At the Code Enforcement Board hearing the enforcement
official, shall present evidence showing the dangerousness of the
condition(s) to the public AND the property owner's inability or
unwillingness to cure such dangers, and the history according to
the above-detailed factors showing that the property is
unsecurable or has not been made safe. The Code Enforcement Board
may render its order requiring the owner or city to demolish, or
cause to be demolished, the structure(s) which have been
accomplished. If the Code Enforcement Board determines that an
35
order requiring repairs by the property owner through City work is
appropriate, the Code Enforcement Board shall specify what repairs
are necessary in order to make the property safe, and by what date
said repairs are to be accomplished.
(F) The premises shall be kept posted with the notice to
vacate and persons violating the notice to vacate may be referred
for prosecution pursuant to section 1-12 of the Code of Ordinances
of the city.
(G) The enforcement officer shall take such action as has
been authorized by the Code Enforcement Board to demolish the
structure(s) or render the premises safe, including the letting of
a contract for the demolition of the structure (s); provided,
however, that any such demolition work by the City shall be subject
to the availability of funds duly appropriated by the city
Commission for such purpose. The owner shall be obligated to
reimburse the City for all costs and expenses incurred by the City
in order to demolish the structure (s) on the property, plus
interest thereon at the rate of eighteen percent (18%) per annum
from the date the city incurs such costs and expenses through the
date of paYment thereof. All such costs and expenses, together
with interest and the costs of collection as hereinafter provided,
shall be immediately due and payable to the city, shall be the
personal obligation of the property owner and shall become a
continuing lien upon the real property which is the subject of such
proceeding. Any subsequent or new owner of such real property
shall take title subj ect to such obligations to the City. An owner
may not escape liability for such paYment by abandonment of the
real property. If such obligation to the City remains unpaid for
a period of sixty (60) days from the date the City incurred such
costs and expenses, then the City may take any action deemed
necessary in order to collect the monies owed to the City,
including, but not limited to retaining the services of a
collection agency or attorney, initiating legal proceedings for the
collection thereof, recording a Notice of Lien as hereinafter
provided, and/or foreclosing same in the same fashion as mortgage
liens are foreclosed. To give the pUblic notice of the sums due to
the City, the City Finance Manager may (but shall not be obligated
to) record a Notice of Lien in the Public Records of Orange County,
Florida, stating the description of the real property which is the
subject of the action, the name of the owner of the real property
and the amount then due and owing to the City.
(H) In the event the City is required to enforce this
Section as provided above, then the city shall be entitled to
recover from the Owner all costs and expenses incurred, including
but not limited to its reasonable attorneys' fees, paralegal fees
and other costs and expenses, whether incurred prior to, during or
subsequent to court proceedings or on appeal.
36
(I) Liens for such city contracted work shall be co-equal
with all state, county and municipal taxes and shall be superior in
dignity to all other liens, titles and claims until paid.
SECTION 108-42. PROCEDURE FOR EMERGENCY CITY ACTION.
In cases involving extreme life-safety hazards which
require emergency action on the part of the City to render the
premises safe from such public safety hazards, the Building and
Zoning Official, or his designee, shall cause the necessary
repairs, removals, or demolitions to be done to abate the safety
hazards. The property owner shall be given notice as immediately as
possible regarding such work, and the fixing of a lien therefor,
however, this notice shall not be 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(s) shall have an
opportunity to contest the determination to do the emergency work
and the charges therefor, upon appeal of such determination within
five (5) days to the Appeals Board. When the city work includes
demolition of building(s) and/or structure(s), the City shall use
its best efforts to give notice to mortgage and lienholders of
record to the extent that the mailing addresses of such mortgage
and lienholders are disclosed in the public records.
SECTION THREE. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portion hereto.
SECTION FOUR. CODIFICATION.
It is the intention of the city Commission of the City
that the provisions of this ordinance shall become and be made a
part of the Code of Ordinances of the City; and that sections of
this ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter", "section", "article", or
such other appropriate word or phrase in order to accomplish such
intentions; and regardless of whether such inclusion in the code is
accomplished, sections of this ordinance may be renumbered or
relettered and the correction of typographical errors which do not
affect the intent may be authorized by the City Manager, without
need of public hearing, by filing a corrected or recodified copy of
the same with the City Clerk.
37
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this It r{ day of Ft;-8e.U.AtL( , 1993.
APPROVED:
CITY OF OCOEE.' FL>>RIDA
~ $'~- UL
Clerk S. Scott Vandergrift,
ATTEST:
(SEAL)
ADVERTISED t "BR.u~~'l 4- , 1993
READ FIRST TIME t:'~P,R.UM\."l 2. , 1993
READ SECOND TIME AND ADOPTED
_FEBRUAil'1' llo , 1993.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
AP~ROVib~S TO FO~~,LEGALITY
thlS day of ~Jb1J'1 ' 1993.
:::EY l:J~ ~
City Attorney
APPROVED BY THE OCOEE CITY
COMKISSION AT THE ABOVE-
REFERENCED MEETING UNDER
UNDER AGENDA ITEM NO. ~
~
A:\MINIMUM.NEW 1218/931 FLOPPY I DPB:jed
38