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Home My WebLink AboutItem #18 First Reading of Ordinance to Amend Chapter 108 of the Code of Ordinances of Ocoee to Authorze the City Mgr as the Enforcement Officer to Carry Out the Functions of Enforcing Minimum Standards for Residential and Commercial PropertiesCenter of Good L i`!h NCO, AGENDA ITEM COVER SHEET Meeting Date: August 20, 2013 Item # I .� Reviewed By: Contact Name: Al Butler, Support Services Department Director: Contact Number: 407- 905 -3100, ext. 1543 City Manager: Subject: Amend Chapter 108 of the Code of Ordinances of the City of Ocoee to authorize the City Manager or his designee as the Enforcement Officer to carry out the functions of enforcing minimum standards for residential and commercial properties within the city limits. Background Summary: As currently enacted, Chapter 108 of the City Code designates the Building and Zoning Official as the person with the responsibility to enforce the Minimum Standards Codes of the City. With the creation of the Support Services Department and other personnel changes, the city needs flexibility in assigning the responsibility for this duty. Accordingly, staff has developed a set of minor modifications to the current chapter to allow the City Manager to designate the person most suitable to serve as the Enforcement Officer, making appropriate changes in such designation as the situation warrants. Responsibilities that continue to be appropriate for the Building Official and /or the Code Enforcement Board, such as determining whether a structure should be condemned as being unfit for human occupation, remain assigned to those persons. In addition to providing flexibility in assigning the Enforcement Officer position, the proposed amendments modify the title of Building and Zoning Official to Building Official in order to correctly reference the scope of the position today, with zoning responsibilities being assigned to the Planning Division. The amendments also bring the language into line with the current edition of the Florida Building Code relative to the classification system for levels of alteration recognized in the Code. Issue: Should the City Commission amend Chapter 108 of the Code of Ordinances of the City of Ocoee to provide flexibility in the designation of the Enforcement Officer responsible for enforcement of the Minimum Standards Codes of the City of Ocoee and updating the title of the Building Official? Recommendations The Support Services and Development Services departments recommend that the City Commission adopt the proposed amendments to Chapter 108, and that these changes become effective 10 days after passage and adoption of the related ordinance. Attachments: Ordinance amending Chapter 108, Sections 108 -3 through 108 -42, of the Code of Ordinances of the City of Ocoee. Financial Impact: There is no financial impact to the City as a result of adopting the proposed ordinance. Type of Item: (please mark with an 'Y) Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by Development Services Reviewed by N/A N/A N/A N/A 2 ORDINANCE NO. 2013- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REVISING CHAPTER 108 OF THE CITY CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee adopted Ordinance 93 -01 establishing Chapter 108 of the Code of Ordinances of the City of Ocoee, which was subsequently amended by that body when it adopted Ordinance 2002 -04; and WHEREAS, revisions to that ordinance are needed to improve the implementation provision of the chapter; and WHEREAS, the City desires to provide a coordinated process for determining and assigning addresses. NOW, THEREFORE, BE IT ENACTED BY THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Chapter 108 of the Code of Ordinances of the City of Ocoee Code Florida is hereby revised as follows: § 108 -3. — Definitions and word usage. 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: ENFORCEMENT OFFICER — The enforcement of the Minimum Standards Codes shall be the responsibility of the Building an Zoning Offieia ^ eh other per a - City Manager of the City of Ocoee or his designee unless otherwise noted in this chapter § 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 12 months, alterations or repairs are made to an existing building or structure, which, in the opinion of the Building ^Ra Z011ing Official, affect more than 50% of such building or structure, then such building or structure shall be made to conform to the requirements of the Florida Building Code for new building an d s*..,,,.*,, Level 3 alterations B. If more than 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 shall be made to conform to the requirements of the Florida Building Code for new buildi and stfuctures Level 3 alterations C. If, in the opinion of the Building and Zoning Official, less than 50% bait fRor -e tha 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 Florida Building Code for new buildings and stnuettir°° to s e e xtent Level 1, 2, or 3 alterations, as the Building and Zoning Official may determine. § 108 -5. — Enforcement officer. The provisions of this chapter shall be administered by the Building and Zoni Offieial of the Gity of Oeoee or sueh other pefson or- per-sons designated by said Official or- by44+e Gity Commission of the City of Oeeee Enforcement Officer 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 3. Sections 108 -6 through 108 -42 of Chapter 108 of the Code of Ordinances of the City of Ocoee Code Florida are hereby revised by replacing each reference to the "Building and Zoning Official" with "Enforcement Officer" except for the following instances: a. Subsection 108 -13. B(1), which is hereby amended to read, "Any person aggrieved or affected by any decision of the Building and Zoning Offiei l Enforcement Officer pertaining to the Minimum Standards Codes may appeal such notice or decision to the Minimum Standards Code Appeals Board, unless the issued repealed relates to a decision of the Building and Zening Official with respect to the Florida Building Code, in which case any such appeal shall be made to the City Construction Board of Adjustment and Appeal, as provided in Chapter 51 of the Code. Such app eals Appeals related to the Minimum Standards Codes shall be filed, in writing, with the Building and Z on i ng Offi c ial Enforcement Officer within five days from the date of order or notice and must contain at least the following information:...." b. Subsection 108 -39. A, which is hereby amended to read, "Notice to Vacate. Whenever the Building ana.g Official or his designee or the Code Enforcement Board shall declare a building or structure to be 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:..." c. Subsection 108 -39. C, which is hereby amended to read, "Vacating of declared building. Any building or structure condemned as unfit for human occupancy or occupation and so designated and placarded by the Building ara 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. Subsection 108 -39. D, which is hereby amended to read, "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 ana.g Official or his designee or the designee of the Code Enforcement Board. The Building anate 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." SECTION 4. 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 a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. 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 same with the City Clerk. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 1 20 APPROVED: ATTEST: Beth Eikenberry, City Clerk CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor (SEAL) ADVERTISED , 20_ READ FIRST TIME , 20_ READ SECOND TIME AND ADOPTED , 20_ UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY This day of , 20 SHUFFIELD, LOWMAN & WILSON City Attorney