Loading...
HomeMy WebLinkAboutOrdinance 637 ORDINANCE NO. 657 Ie AN ORDINANCE RELATING TO THE INCORPORATED AREAS OF THE CITY OF OCOEE, FLORIDA; PROVIDING REGULATIONS TO CONTROL AND REGULATE BUILDING CONTRACTORS AND BUILDING CONSTRUCTION; ESTABLISHING THE SCOPE AND PURPOSE; PROVIDING DEFINITIONS OF TERMS; PROVIDING AN ADMINISTRATIVE OFFICIAL; PROVIDING AUTHORITY TO ENTER BUILDINGS; REQUIRING INVESTIGATION OF COMPLAINTS; PROVIDING FOR THE APPROVAL OF PLANS AND THE MAINTENANCE OF RECORDS OF OFFICE; REQUIRING CONTRACTORS TO HAVE A CERTIFICATE OF COMPETENCY; REQUIRING CON- TRACTORS TO BE BONDED; PROHIBITING FALSE ADVERTISING AND PERMIT- TING FALSE USE OF NAME OR LICENSE; REQUIRING OCCUPATIONAL LICENSE; ESTABLISHING GROUNDS FOR REVOCATION OF CERTIFICATION; REQUIRING INVESTIGATION AND REPORT BY BUILDING INSPECTOR; PROVIDING FOR NOTICE, HEARING AND ACTION BY BOARD; PROVIDING FOR REVIEW OF BOARD'S DECISION; PROVIDING FOR RECERTIFICATION; REQUIRING PERMIT ESTABLISHING QUALIFICATIONS FOR PERSONS APPLYING FOR PERMITS; ESTABLISHING CONDITIONS AND FORMS FOR PERMITS; PROHIBITING TRANS- FER OF PERMITS; ESTABLISHING SCOPE AND EFFECT OF PERMITS; RE- QUIRING POSTING OF PERMIT CARD; ESTABLISHING FEE WHEN WORK COM- MENCED BEFORE OBTAINING PERMIT; ESTABLISHING GROUNDS FOR REVOCATI N OF PERMIT; REQUIRING INSPECTIONS; REQUIRING CORRECTION AND RE- INSPECTION OF VIOLATIONS; REQUIRING CERTIFICATE OF OCCUPANCY; PROVIDING FOR CONDEMNATION OF UNSAFE BUILDINGS: PROVIDING FOR THE APPLICABILITY OF ELECTRIC, PLUMBING AND GAS REQUIRMENTS TO THIS ORDINANCE; PROVIDING FOR PERMIT FEE WHEN OTHER PERMITS REQUIRED; REQUIRING COMPLIANCE WITH ZONING REQUIRMENTS; ADOPTING STANDARDS FOR BUILDING CONSTRUCTION; PROVIDING FOR SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PRESCRIBING PENALTIES FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR ENACTMENT OF RULES AND REGULATIONS BY THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE DATE. . J BE IT ORDAINED BY THE BOARD OF CITY COMMISSIONERS OF OCOEE, FLORIDA: SECTION ONE: AUTHORITY; PURPOSE. This ordinance is enactec under the general Home Rule Power of the City for the purposes of providing necessary regulations to control and regulate building contractors and building construction within Ocoee, Florida. . SECTION TWO: SCOPE: ENFORCEMENT. This ordinance shall apply and be in force and effect within all of the incorporated areas of the City of Ocoee. SECTION THREE: DEFINITIONS. (a) "The Board" - Fire and Building Trades Board. (b) "Person" - Individuals, firms, association, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups and legal entities or combinations thereof. (c) "City of Ocoee" - The incorporated territory of The City of Ocoee, a political subdivisioncofthe State of Florida. (d) "Building" - Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for fifty (50%) percent of its perimeter. (e) "Building Contractor" - Any person who constructs, alters, repairs, remodels, or demolishes any building or has the responsibility therefor. (f) Reference to any office or officer includes any person authorized by law to perform the duties of such office. (g) (h) and vice The singular includes the plural and vice versa. The masculine includes the feminine and neuter versa. SECTION FOUR: ADMINISTRATOR. The Building Official shall be the chief administrative official for the provisions of this ordinance, shall have jurisdiction and control over construction, alteration, repairing, remodeling, or demolition of any structure or building within the city. . SECTION FIVE: AUTHORITY TO ENTER BUILDINGS. Upon proper showing of identification, the building inspector is empowered and authorized to enter into or upon any public or private build- ing or premises during reasonable hours for the purposes of examining or inspecting such building. No owner or occupier of any public or private building or premises shall refuse to permit entry or inspection by a building inspector pursuant to this ordinance. SECTION SIX: INVESTIGATION OF COMPLAINTS. The Building Inspector shall examine all buildings about which a complaint concerning construction, alteration, repairing, remodeling, or demolishing is made and shall upon evidence of an unsafe conditior condemn such building and notify the owner or his agent to make the necessary corrections in accordance with the requirements of this ordinance. Such notice shall be made in writing and specify a time certain for compliance. Any person failing to place the building in a proper and safe condition as instruction by the building inspector within the reasonable time fixed by the Build- ing Inspector shall be in violation of this ordinance. . SECTION SEVEN: APPROVAL OF PLANS: RECORDS OF OFFICE. The Building Department shall examine all plans and specifications filed with it for approval. The Building Official shall issue and sign all notices, certificates, and permits for construction, I alteration, repairing, remodeling, or demolition of any building. The Building Department shall keep a record of all inspections made, complaints received, plans and specifications examined, notices served, fees collected, certificate applications re- ceived, and all other activities performed by this Section. SECTION EIGHT: CERTIFICATE OF COMPETENCY; LICENSE REQUIRED. It shall be a violation of this ordinance for any person to engage in the business of or act in the capacity of a building contractor within The City without first having obtained: (a) a current certificate of competency in the manner provided for herein and (b) an occupational license as provided by law. SECTION NINE: FALSE ADVERTISING PROHIBITED. It shall be a violation of this ordinance for any person, firm, or corporation, other than a certified and licensed building contractor, to expose a sign, "Building Contractor," or use any other advertis- ing pertaining thereto. SECTION TEN: PERMITTING FALSE USE OF LICENSE OR NAME. It shall be a violation of this ordinance for a building contractor to lend his license or to take a permit in his name for the use of any other person or to allow the use of his name directly or indirectly for the purpose of obtaining a permit. SECTION ELEVEN: BUILDING CONTRACTORS CERTIFIED. Any person desiring to engage in the business or act in the capacity of a building contractor within the incorporated areas of the city shall possess a valid and current Orange County or State cer- tificate for the class of contractor required for the type building to be constructed. . SECTION TWELVE: OCCUPATIONAL LICENSE; BOND REQUIRED. No person shall be issued an occupational license or permit to engage in the business or act in the capacity of a building contractor within the city until such person has (a) exhibited a current certificate of competency for the class of contractor for which he seeks an occupational license or permit, and (b) filed with the city licensing authority a duly executed third-party bond for the repective sum of Five Thousand ($5,000.00) Dollars for all classes of contractors. Each bond shall be with a cor- porate surety satisfactory to the~ciJ.b)F with duly certified power of attorney attached and shall be of such form as the Board of City Commissioners may by resolution prescribe. SECTION THIRTEEN: REVOCATION OF CERTIFICATES - GROUNDS. The board shall have the power to revoke or suspend the certifi- cate of competency in any case where one or more of the following grounds shall exist: (a) Misrepresentation of any material fact in the application for a certificate or for a permit. (b) Continued performance of building work in a negligent, incompetent, or unworkmanlike manner. -2- . (c) Engaging in the business or acting in the capacity of a building contractor without a valid occupational license. (d) Contracting in a name other than that registered with the Building Section. (e) Abandonment of any contract for the performance of building work without legal grounds. (f) Diversion of property or funds received pursuant to contract for construction, alteration, repairing, remodeling, or demolition of any building. (g) Departure from the plans and specifications of any building contract or accompanying application for permit without the consent of the party for whom the work is being performed. (h) Misrepresenting the requirements of this chapter regulating building contracting in order to obtain or in- crease the scope of work under any contract. (i) Violation of any provisions of this ordinance. (j) Failing to report to the Building Department or attempting to conceal the violation of any provision of this chapter by any contractor. (k) Allowing any person to do building contracting work under a permit obtained by said certificate holder when said person is not working both under the supervision of said certificate holder and as a regular employee of the con- tractor in whose name the permit is issued. SECTION FOURTEEN. INVESTIGATION AND REPORT BY INSPECTOR. At any time that it shall come to the attention of the Building Department that any of the foregoing grounds for revocation may exist as to any building contractor, it shall be the duty of said Building Department to make a full fact-gathering investi- gation and file with the board a written report thereof together with a statement as to whether or not such grounds do exist. Similarly, the board may of its own motion order the Building Department to make such investigation and report. SECTION FIFTEEN. NOTICE AND HEARING. At any time the report of the Building Department shall show the existence of one or more grounds for revocation or there is filed with the board the complaint of any person alleging the existence of any such grounds, it shall be the duty of the board to order the inspector to serve upon the alleged violator a notice of the alleged grounds for revocation and the time, date, and place of a hearing before the board thereupon, which notice shall be served not less than ten (10) nor more than twenty (20) days prior to said hearing. The alleged violator shall have the right to appear at such hearing, be represented by counsel, produce evidence, and cross-examine witnesses. All witnesses testifying at such hearing shall be sworn to tell the truth. . SECTION SIXTEEN. ACTION BY BOARD. If after such hearing the board shall determine that one or more of the above gounds for revocation exist, it shall enter a written order signed by the chairman revoking or suspending the certificate of the violator. SECTION SEVENTEEN. RE-CERTIFICATION WITHIN ONE (1) YEAR. After revocation no certificate shall again be issued to a person, or the firm or corporation licensed upon said certificate, if such be the case, for a period up to, but not exceeding, one (1) year at the discretion of the board. All permits shall be withheld from the certificate holder and from the firm or corporation responsible for the acts which resulted in the revocation of the certificate. After revocation and at the end of the above-said period of time, a certificate shall be issued only upon appli- cation to the board for re-instatement. SECTION EIGHTEEN. PERMITS REQUIRED. It shall be a violation of this ordinance for any person to do any building construction, -3- repair work, alteration, or remodeling of any building or to demolish any building within the scope of this ordinance without first obtaining a permit therefor from the Building Department. SECTION NINETEEN. CONDITIONS AND FORM FOR ISSUANCE OF PERMIT No permit shall be issued until the fees therefor have been paid to the Building Department and all permits shall be issued in writing upon forms provided therefor by said section. SECTION TWENTY. PERMITS NOT TRANSFERABLE: SUBSEQUENT PERMITS FOR SAME WORK. No permit shall be transferable and the issurance of a permit for certain work shall not preclude the issuance of a subsequent permit for the same work. . SECTION TWENTY-ONE. PERSONS QUALIFIED FOR PERMITS. The following persons shall be qualified to be issued permits: (a) A person who holds a certificate of competency for the work permitted, or his duly authorized agent. (b) Any person who is the bona fide owner of a single family dwelling in which he resides or intends to immediately reside who shall build no more than one house every two years, who shall show proof of ownership, and who shall do all the work himself, except that he may hire one unskilled laborer to assist him under his direction and supervision. SECTION TWENTY-TWO. APPLICATION FOR PERMIT. (a) Application for permit shall be submitted on forms provided by the Building Department and shall be accompanied by a plat plan and such plans and/or specifications as are necessary to describe the work to be done. Such application shall also be accompanied by an application fee to be established and from time to time amended by duly adopted resolution by the Board of City Commissioners. Such fee shall be based on the nature of the work to be performed. (b) Each application for a permit shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other informa- tion as may be required by the Building Department. SECTION TWENTY-THREE. SCOPE AND EFFECT OF PERMITS. The issuance or granting of a permit or approval of plans and speci- fications shall not be deemed or construed to be a permit for/or an approval of any violation of any of the provisions of this ordinance. No permit presuming to give authority to violate or cancel the provisions of this ordinance shall be valid, except so far as the work or use which it authorizes is lawful. The issu- ance of a permit upon plans and specifications shall not prevent the Building Section from thereafter requiring the correction of errors in such plans and specifications, nor from prohibiting the starting or continuance of work thereunder when in violation of this ordinance or of any other provisions of this ordinance. . SECTION TWENTY-FOUR. PERMIT CARD REQUIRED; POSTING. The Building Section shall issue with each permit anotice thereof showing the issuance of a permit, number thereof, date of issu- ance, premises for which issued, and name of the person to whom issued. It shall be unlawful to commence work without first having posted such card in a prominent place upon the premises upon which the work is to be done so that such card may be readily seen from the street upon which such premises face and abut. It shall be a violation of this ordinance for any person to remove or render invisible said card during the progress of work. SECTION TWENTY-FIVE. FEE WHEN WORK COMMENCED DEFORE OBTAIN- ING PERMIT. Any person who shall commence any building contract- ing work without first obtaining a permit therefor shall, if subsequently permitted to obtain a permit, pay the required permit fee; provided, however, that this provision shall not apply to emergency work, but in all such cases a permit must be obtained as soon as practicable. If there is any unreasonable delay in ob- taining such a permit, such penalty fee as may be prescribed by -4- the regulations adopted pursuant hereto shall be charged. The payment of such penalty fee required hereunder shall not pre- clude nor be deemed a substitute for penalties otherwise provided herein for commencing work without first obtaining a permit. . SECTION TWENTY-SIX. EXPIRATION OF PERMITS. Every permit issued by the Building Department under the provisions of this ordinance shall expire by limitation and become null and void if the work authorized thereby is not commenced within ninety (90) days from the date of such permit or if the work authorized by such permit is suspended or abandoned for a period of ninety (90) days at any time after the work is commenced, except for delays where occasioned by Acts of God or other causes beyond its control. Before such work can be commenced or completed, a new permit shall first be obtained therefor upon payment of the fees for the work to be done for an original permit. An extension up to sixty (60) days may be granted in writing upon request of the contractor at the discretion of the Building Department. SECTION TWENTY-SEVEN. REVOCATION OF PERMITS; GROUNDS. All permits issued under this chapter shall be revocable by the Build- ing Official at any stage of the work upon the following grounds: (a) The permit was issued by mistake of law or fact. (b) The permit is for work which violates the provisions of this ordinance. (c) The permit was issued upon misrepresentation by the applicant. (d) The work violates any ordinance of the city. (e) The work is not being performed in accordance with the provisions of this ordinance. (f) The certificate of competency upon which said permit was issued has become invalid by reason of expiration or otherwise. (g) The work is not being performed upon the supervision of the holder of the certificate of competency upon which the same was issued. (h) The work is not being done in accordance with the terms of the permit or the applications upon which the same was issued. . SECTION TWENTY-EIGHT. NOTICE; EFFECT; HEARING. The Building Official shall issue and serve upon the permittee written notice of any permit revocation and the grounds therefor, and it shall be a violation of this ordinance for the permittee or any other person with knowledge of such revocation to continue such work thereafter until said permit is reinstated or a new permit issued. Any person who may be aggrieved by any ruling- or order of the Building Official shall have the right to request by written notice to the board a hearing to be held within ten (10) days in order to resolve the dispute. The petitioner shall have the right to be represented by counsel and to present evidence and cross- examine witnesses, which witnesses shall be sworn to tell the truth. SECTION TWENTY-NINE. REVIEW OF BOARD'S DECISIONS. The Board of City Commissioners shall hear all appeals from decisions of the board, provided that notice of such appeal shall have been given in writing by the person aggrieved to the board and the Board of City Commissioners within thirty (30) days after entry by the board of the disputed decision. If the decision of the board shall be affirmed by the Board of City Commissioners, the person aggrieved may appeal from such order of affirmance to the Circuit Court of the county within thirty (30) days after entry of such order of affirmance, but not thereafter. SECTION THIRTY. EFFECT ON PERMITS OF CERTIFICATE SUSPEN- SION OR REVOCATION. Suspension or revocation of any certificate of competency as provided in this ordinance shall automatically suspend or revoke, as the case may be, any city permitissued to the person whose certificate of competency has been revoked -5- that may have been issued in the city. SECTION THIRTY-ONE. INSPECTIONS REQUIRED. Before issuing a permit, the Building Department may examine any building for which an application has been received to alter, repair, remodel, demolish, or change the occupancy thereof. The Building Depart- ment shall inspect all buildings and structures from time to time, during, and upon completion of the work for which a permit was issued. It shall make a record of every such examination and inspection and of all violations of this ordinance. . SECTION THIRTY-TWO. CERTIFICATE OF OCCUPANCY REQUIRED. No new building shall be occupied and no change in occupancy of a building shall be made until after the Building Department shall have issued a certificate of occupancy therefor. No certificate of occupancy shall be issued until such building complies with the provisions of this ordinance as determined by final inspection by the Building Department. SECTION THIRTY-THREE. CORRECTION AND RE-INSPECTION OF VIOLA- TIONS. In the event the Building Department upon inspection shall find any work not in compliance with this ordinance, the person doing said work shall promptly do everything necessary to bring said work within the requirements of this ordinance. The Building Department shall then, upon notice from such person, re-inspect said work after payment of such re-inspection fee as is establish- ed and from time to time amended by duly adopted resolution by the Board of City Commissioners. SECTION THIRTY-FOUR. FINAL INSPECTIONS. After notice of compliance following the inspection or re-inspection, the person doing the work shall complete the final work and then make a re- quest for final inspection. If the inspector upon final inspect- ion shall find said work not in compliance with the provisions of this ordinance, he shall notify the person doing the work, speci- fying in what particulars said work fails to comply. Sairl person doing the work shall make the same conform to such requirements and request are-inspection. . SECTION THIRTY-FIVE. UNSAFE BUILDINGS. All buildings or structures which are unsafe, unsanitary, or not provided with adequate egress, or which constitute a fire hazard, or are other- wise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of in- adequate maintenance, dilapidation, obsolescence, or abandonment are, severally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitaion or by demolition in accord- ance with the following procedure: (a) Whenever the Building Department shall find any building or structure or portion thereof to be unsafe, as defined in this section, it shall give the owner, agent, or person in control of such building written notice stating the defects thereof. This notice shall require the owner within a stated time to either complete the specified repairs or improvements or to demolish and remove the building or structure or portion thereof. (b) If necessary, such notice shall also require the building, sturcture, or portion thereof to be vacated forth- with and not reoccupied until the specified repairs and improvements are completed, inspected, and approved by the Building Department. The inspector shall cause to be posted at each entrance to such building a notice: "THIS BUILDING IS UNSAFE, AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR." Such notice shall remain posted until the required repairs are made or demolition is com- pleted. It shall be unlawful for any person to remove such notice without written permission of the Building Department or for any person to enter the building except for the pur- pose of making the required repairs or of demolishing the same. (c) The owner, agent or person in control shall have the right, except in cases of emergency, to appeal from the decision of the Building Department to the Board of City -6- Commissioners at a specified time and place to show cause why he should not comply with such notice. (d) In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish and remove said building or structure thereof, or in cases of emergency involving imminent danger to human life or health, the Building Department, after having ascertained the cost, shall cause such building or structure or portion thereof to be demolished, secured, or required to remain vacant. Costs incurred under this subparagraph shall be charged to the owner of the premises involved and shall be collected in the manner provided by law. . SECTION THIRTY-SIX. APPLICABILITY OF ELECTRICAL REGULATIONS. All electrical wiring shall be subject to the provisions of any existing City Electrical Code, and a separate electrical permit shall be required. SECTION THIRTY-SEVEN. APPLICABILITY OF PLUMBING AND GAS REGULATIONS. All piping of potable water, gas supply to equip- ment and final connections, and all gas operated devices or equip- ment shall be subject to the provisions of any existing City Plumbing and Gas Code, and a separate permit shall be required. SECTION THIRTY-EIGHT. PERMIT FEE WHEN OTHER PERMITS REQUIRED. In any case where an installation is subject to an inspection and permit from any of the above-mentioned codes, the cost of that part of the installation for which a permit is issued under said code shall not be included in the building permit which shall be issued by the Building Department. SECTION THIRTY-NINE. COMPLIANCE WITH ZONING REQUIREMENTS. All installations shall conform to setback and other zoning requirements as prescribed by the \City. ' SECTION FORTY. STANDARDS ADOPTED. To the extent not incon- sistent with this ordinance, there is hereby adopted by the City of Ocoee for the purpose of establishing and prescribing rules and regulations for construction, alteration, repairing, remodeling, or demolition of any structure or building within the jurisdiction of the county, those certain standards known as the Southern Standard Building Code, 1973 edition, (1975 revision) as the same now exist or may hereafter be amended. Where there shall exist any inconsistency between the provisions of the Southern Standard Building Code and the provisions of this ordinance, the provisions of this ordinance prevail. . SECTION FORTY-ONE. SEVERABILITY. It is declared to be the Board of City Commissioners' intent that if any section, sub- section, sentence, clause, phrase, or portion of this ordinance is for any reason held or declared to be unconstitutional, inoperativ , or void, such holding or invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass this ordinance without such un- constitutional, invalid, or inoperative part therein, and the re- mainder of this ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part of part had not been included herein. If this ordinance or any provision hereof shall be held inapplicable to any person, group of persons, property, kind of property, or circumstances of set of circum- stances, such holding shall not affect the applicability hereof to any other person, property, or circumstance. SECTION FORTY-TWO. CONSTRUCTION. This ordinance shall be deemed to be cumulative and supplemental and in addition to any other act, law, or ordainance relating to building contractors and building construction under the jurisdiction of the City of Ocoee, Florida; provided, however, that this ordinance supersedes and repeals any existing ordinance or special law or city regula- tion which is in direct, irreconcilable conflict herewith. The provisions of this ordinance shall he libetallYic;onstt:ued in 'order) to effectively carry out the purpose of this ordinance in the interes of the public health, safety, and welfare of the citizens and ... -7- residents of the city. SECTION FORTY-THREE. ENACTMENT OF RULES AND REGULATIONS. The Board of City Commissioners may, by resolution enact reasonable rules and regulations to implement and carry out the provisions of this ordinance; provided, however, that such rules and regula- tions shall be reduced to writing and made a part of record readi- ly available to any person concerned. . SECTION FORTY-FOUR. PENALTY. Any person, firm or corporatio violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 dollars or be imprisoned in the City or County jail for a period not exceeding thirty (30) days or be both so fined and imprisoned. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. SECTION FORTY-FIVE. EFFECTIVE effect immediately upon passage by City of Ocoee, Florida. ENACTED this / <f day of DATE. This ordinance shall take the City Commission of the dd V7 c./~ Y"--J / 1976. CITY OF OCOEE, FLORIDA ~~-',' / /;ttlt~uu MAYOR ATTEST: , ~ (~ S" - ~ CITY ,--CLERK .