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Home My WebLink About2013-013 Enforcement Officer of Minimum Standards Codes - Chapter 108ORDINANCE NO. 2013-013 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 and Zoning Offieial of ch oth p VlJV11J desi nate b sa id O ffieial of th Cit C omm i ss i on 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 and Zoning 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 flew b, ildi a nd struetuf 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 its entirety shall be made to conform to the requirements of the Florida Building Code for ne , buildings and stfuetures Level 3 alterations C. If, in the opinion of the Building and Zoning Official, less than 50% but mofe than 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 Florida Building Code for new buildings and stfuetures to sueh eaten 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 Z oning Off:,.; l of the Gity of Ocoee c h o th e o s d es i gna t e d ,a b sa id Offi b tt rri _ . � ., . � ......, pe r son yr � ° v r.�vii.� u�.�i�iiucc. Git y Commission o f th Git y of Oeo 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 Official 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 Zoning 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 appeals Appeals related to the Minimum Standards Codes shall be filed, in writing, with the Building and Zoning Official 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 and Zoning 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 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. 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 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." 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 7 "� day of a. - :-D)C f X20 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA . l Be ikenberry, City Clerk S. Scott Vandergrift, Maya (SEAL) ADVERTISED �, 20 13 READ FIRST TIM s , 20.13 READ SECOND TIME AND ADOPTED 20 U UND R AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY This ( day of 203. SHUFFIELD, LOWMAN & WILSON By: C