HomeMy WebLinkAboutOrdinance 2002-04
ORDINANCE NO. 2002-04
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CHAPTER 108 OF THE OCOEE CITY CODE
ENTITLED MINIMUM STANDARDS CODES TO CONFORM TO
THE REQUIREMENTS OF THE FLORIDA BUILDING CODE AS
INCORPORATED, WITH LOCAL AMENDMENTS, INTO THE
OCOEE CITY CODE BY THE ADOPTION OF ORDINANCE NO.
2002-02; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to conform with
the provisions of Part VII, Chapter 553, Florida Statutes, which mandates that all local
governments implement and enforce the provisions of a statewide uniform building code entitled
the Florida Building Code no later than March 1, 2002.
WHEREAS, in order to implement the provisions and conform to the language of
the Florida Building Code, it is necessary for the City Commission to amend Chapter 108 of the
Ocoee City Code entitled Minimum Standards Codes.
WHEREAS, in the case of any conflict between the provisions of the newly
amended Chapter 108 and the Florida Building Code, the Florida Building Code shall take
precedence.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1.
Authoritv. The City Commission of the City ofOcoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapters 166 and 553, Florida Statutes.
Section 2.
Recitals and Findin2s. The purpose of the city amending Chapter
108 of the Code of Ordinances is to comply with the provisions of Part VII, Chapter 553, Florida
006.243338.2
Statutes. The provisions of the amended Chapter 108 are local in nature and are to be construed
in relation to other provisions of the Code of Ordinances.
Section 3.
Amendment. Chapter 108 of the Code of Ordinances of the City
of Ocoee, Florida, is hereby amended to read as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE
MADE A PART HEREOF.
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 on March
1, 2002, unless the Florida Legislature extends the date on which the Florida Building Code will
become effective to a date after March I, 2002, in which case this Ordinance will become
effective on the same date the Florida Building Code becomes effective.
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006.243338.2
ATTEST:
PASSED AND ADOPTED this ~ day of FE ~ ~ U~k.1, 2002.
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY C.I.
this.Ii day of 1TI1(\)t\ly,2002.
::Lbr1rNE~
City Attorney
006.243338.2
APPROVED:
CITY OF OCOEE, FLORIDA
__-5~# dizif
S. Scott Vandergrift, Mayor 't/
ADVERTISED February 7, 2002
READ FIRST TIME February 5, 2002
READ SECOND TIME AND ADOPTED
S6B flAA-~~<1 ,2002
UNDER AGE DA ITEM NO. 7[. c..
3
EXHIBIT "A"
ChaR.t~r.l08; MINiMTINrSTANDARrig~~ODES
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ARTICLE I, General Provisions
~ 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.
~ 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; and to minimize the degree to which the economic welfare of adjacent
property is adversely affected or impaired.
~ 108-3. Definitions and word usage.
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.
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:
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.
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.
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ALTER or AL TERA nON -- Any change or modification in construction or occupancy.
APPEALS BOARD -- The Minimum Standards Code Appeals Board created pursuant to
S 108-13 of this chapter.
BASEMENT -- That part of a building located partly or wholly underground.
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.
BUILDING CODE -- The Building Code of the City ofOcoee Florida Building Code and
Chapter 51 of the Code of Ordinances of the City ofOcoee.
CELLAR -- See "basement."
CITY -- The City of Ocoee or its agent as designated by the Building and Zoning Official
charged with the responsibility of enforcing the provisions of the Minimum Standards
Codes.
CODE ENFORCEMENT BOARD -- The City of Ocoee Code Enforcement Board
established pursuant to Chapter 7 of the Code of Ordinances of the City ofOcoee.
DETERIORA nON -- 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.
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.
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.
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.
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 or alleyway or from any adjoining or neighboring premises.
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.
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EXTERMINA nON -- 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 or trapping; or by any other
recognized and legal pest elimination methods.
F AMIL Y -- One (1) 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."
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.
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.
GARBAGE -- All kitchen and table food waste or animal or vegetative waste that is
attendant with or results from the storage, preparation, cooking or handling of food
materials.
HABIT ABLE 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."
HEAL TH OFFICER -- Director of the Health Department of Orange County, Florida, or
such person's designee.
INFEST A nON -- The existence in large numbers of insects, rodents or other pests so as
to render the premises unpleasant, unsafe or unsanitary.
MAJOR VIOLA nON -- 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 areas; 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.
MINOR VIOLA nON -- 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.
MIXED OCCUPANCY -- A building used for two (2) or more occupancies classified in
different occupancy groups.
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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 and arriving at the site substantially
complete.
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.
MUL TIPLE DWELLING -- Two (2) or more dwelling units whose occupants are living
independently of each other and doing their own cooking in said building and including
flats and apartments.
NUISANCE OR PUBLIC NUISANCE -- Anyone (1) or combination of the following:
(1) 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.
(2) 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 limited 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 conditions may
include such neglect of security that opportunities for criminal activity persist to the
danger and detriment of the neighborhood.
(3) 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.
(4) 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 passersby.
(5) Whatever renders air, food or drink unwholesome or detrimental to the health of human
beings.
(6) Fire hazards.
(7) Anything constituting a nuisance and menace to public health, safety and welfare under
the provisions of S 115-1 of the Ocoee City Code.
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OPERA TOR -- 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.
OWNER:
(1) 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
(2) 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:
(a) Shall have legal title to any building, structure, dwelling, dwelling unit or mobile
home, with or without accompanying actual possession thereof; or
(b) 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."
PERSON -- An individual, corporation, governmental agency, business trust, estate, trust,
partnership, association, two (2) or more persons having a joint or common interest or
any other legal entity.
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, bathtubs, 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 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.
PREMISES or PROPERTY -- A lot, plot or parcel of land, including the buildings or
structures thereon.
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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.
PUBLIC NUISANCE -- See "nuisance."
REFUSE -- Any combustible trash, paper, rags, pasteboard 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.
REP AIR -- 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.
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.
ROOMING HOUSE -- A dwelling used or intended to be used for the furnishing of
sleeping accommodations for payor other considerations to transient or permanent
guests.
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.
RUBBISH -- Combustible and noncombustible waste materials, except garbage.
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.
SEWAGE -- Water-carried wastes from buildings, structures, dwellings, residences,
business buildings, institutions, industrial establishments and other customers of a
sanitary sewer system.
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.
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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.
STAIRWAY -- One (1) 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.
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.
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.
SUPPLIED -- Paid for, furnished or provided by or under control of the owner or
operator.
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.
VENTILATION -- The process of supplying and removing air by natural or mechanical
means to or from any space.
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 or the
Florida Building Code. as applicable. Owners are ultimately responsible for controlling
conditions and uses on their structures and/or property and may not by contract or
abandonment of the structure and/or property avoid responsibility and liability as an
owner.
WASHROOMS -- Enclosed space containing one (1) or more sinks, tubs, showers or
basins and which shall also include toilets, urinals or fixtures serving similar purposes.
WATER CLOSET COMPARTMENT -- Enclosed space containing one (1) or more
toilets which may also contain one (1) or more lavatories, urinals and other plumbing
fixtures.
WEATHERING -- Deterioration, decay or damage caused by exposure to the elements.
WORKING ORDER -- To perform or operate as intended by the manufacturer.
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YARD -- An open space measured horizontally between a building and the adjoining lot
lines or street setback lines, where applicable, unoccupied and unobstructed by any
portion of a structure from the ground upward.
~ 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
Gede Florida 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 G€eee
Building Code Florida 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 Florida Building Code for new
buildings and structures to such extent as the Building and Zoning Official may
determine.
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 Florida 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.
~ 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.
~ 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 premises, structure, dwelling, apartment,
apartment house or other premises regulated by the Minimum Standards Codes within the City
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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 premises, the utility department may release
service.
~ 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.
~ 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 law, then the higher standard contained in any such ordinances or
law shall prevail.
~ 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.
~ 108-10. Liability.
Any officer or employee of the City ofOcoee 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.
~ 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 ofOcoee from enforcing any such
ordinances.
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~ 108-12.
Procedure where violation is discovered.
A. 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 ofOcoee or other federal, state or
local laws, statutes, ordinances, rules or regulations. Such notice shall:
(1) Be in writing.
(2) Include a description of the real estate or address sufficient for identification.
(3) Specify the violation(s) by code citation and factual description and the remedial action
required.
(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.
B. 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.
C. 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.
D. 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 city, at its options,
may independently or concurrently take such other enforcement action as may be
permitted by law, statutes or ordinance.
~ 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. Filing of appeal; hearing to be set.
(1) 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, unless the issue appealed relates to a
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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 Appeals, as provided in Chapter 51 of the Code. 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:
(a) Identification of the building or structure concerned by street address or legal
description.
(b) A statement identifying the legal interest of each appellant.
(c) A statement identifying the specific order or section being appealed and the basis
of the appeal.
(d) The legal signature of all appellants and their official mailing address.
(2) Upon receipt of an appeal as set forth above, the Building and Zoning Official 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 shall have the authority to uphold, amend or dismiss the order or
notice of violation by a majority vote of the Appeals Board. The Appeals Board may
grant continuances for good cause.
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.
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ARTICLE II, Housing Minimum Standards Code
~ 108-14. Citation.
This Article may be cited and referenced as the "Housing Minimum Standards Code."
~ 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.
~ 108-16. Applicability.
A. Every building or structure used in whole or in part as a dwelling unit or as two (2) or
more dwelling units, or as rooming houses or boardinghouses 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.
B. 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 buildings or structures except such as contrary to and less
stringent than the provisions of this Housing Minimum Standards Code.
C. 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.
~ 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.
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~ 108-18. Administration and inspections.
Administration of and inspections for the purposes of this Housing Minimum Standards Code
are as provided generally in Article I of this Chapter.
~ 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 the 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 thirty (30) square feet with no dimension less
than four (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 an 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 one hundred twenty degrees Fahrenheit (1200 F.). 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
one hundred t\venty degrees Fahrenheit (1200 F.) Florida Building Code.
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
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heating all habitable rooms and bathrooms in every dwelling unit located therein to a
temperature of a least sixty-eight degrees Fahrenheit (680 F.) [twenty degrees Celsius
(200 C.)] at a distance three (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 thirty (30) Btu's per hour per cubic feet of room content.
Unvented fuel-burning heaters shall be prohibited in bedrooms.
F. Kitchen facilities.
(1) Every dwelling unit shall contain a kitchen equipped with the following minimum
facilities:
(a) Food preparation surfaces impervious to water and free of defects which could
trap food or liquid.
(b) Shelving, cabinets or drawers for the storage of food and cooking and eating
utensils, all of which shall be maintained in good repair.
(c) Freestanding or permanently installed cookstove. Portable electric cooking
equipment shall not fulfill this requirement. Portable cooking equipment
employing flame shall be prohibited.
(d) Mechanical refrigeration equipment for the storage of perishable foodstuffs.
(2) 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 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 NFP A #74. When activated, the detector shall provide an audible alarm.
The detector shall be tested in accordance with and meet the requirements ofUL 217,
Single and Multiple Station Smoke Detectors.
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~ 108-20. Minimum requirements for ventilation.
A. Ventilation.
(1) Every habitable room shall have at least one (1) 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 be equal to at least forty-five percent
(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.
~ 108-21. Minimum requirements 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 (2) 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 (1)
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 (1) receptacle
outlet. Any new bathroom receptacle outlet shall have ground-fault circuit interrupter
protection.
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 one (1)
footcandle intensity at the floor in the darkest portion of the normally traveled stairs and
passageways.
~ 108-22. Minimum requirements 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 Florida Building Code.
~ 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.
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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 (6) months after the adoption of this Chapter.
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 Florida Building Code and Chapter 51 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.
(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
and 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 seven (7) feet leading to a safe and open space at ground
level. Stairs shall have a minimum head room of six (6) feet, eight (8) inches.
G. Stairs, porches and appurtenances. Every inside and outside stair or 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.
H. (Reserved)
I. Windows. Every window shall be substantially weathertight, watertight and rodentproof
and shall be kept in sound working condition and good repair.
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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 weathertight 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 rodentproof 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 ensure 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.
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 and maintained in good condition without splitting or deterioration that would
minimize the strength and security of the door in a closed position.
O. 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 protective covering or
treatment. All siding shall be weather-resistant and watertight. All masonry joints shall be
sufficiently maintained to ensure water- and airtightness.
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.
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(1) Every floor, interior wall and ceiling shall be substantially rodentproof, 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.
S. Structural supports. Every structural element of the dwelling shall be maintained
structurally sound and show no evidence of deterioration which would render it incapable
of carrying normal loads.
T. Protective railings for interior and exterior stairs. Interior and exterior stairs and
stairwells more than four (4) risers high shall have handrails located in accordance with
the requirements of the Ocoee Building Code Florida 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 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.
(2) Required space in sleeping rooms. In every dwelling unit, every room occupied for
sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of
floor space, and every room occupied for sleeping purposes by more than one (1)
occupant shall contain at least fifty (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 seven (7) feet, six (6) inches.
Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling
height of not less than seven (7) feet measured to the lowest projection from the ceiling.
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(a) If any room in a building has a sloping ceiling, the prescribed ceiling height for
the room is required in only one-half (1/2) the room area. No portion of the room
measuring less than five (5) feet from the finished floor to the finished ceiling
shall be included in any computation of the minimum room area.
(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;
(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;
(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.
~ 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 S 143-2 of Chapter
143 of the Code of Ordinances of the City ofOcoee.
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 occupant to keep the premises of such residential property clean and to
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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 (2) 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.
~ 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 (1) person shall contain at least
fifty (50) square feet of floor space for each occupant thereof.
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
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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.
~ 108-26. Occupant responsibility.
Nothing in this Article shall be interpreted or construed to relieve any occupant of a dwelling
unit from any obligation placed or required by federal or state law or city ordinance.
~ 108-27. Landowner 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
~ 108-28. Citation.
This Article may be cited and referenced to as the "Commercial, Business and Industrial
Minimum Standards Code."
~ 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 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.
~ 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
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to the effective 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.
~ 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.
~ 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.
~ 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 substantially weathertight
and 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 G€eee
Building Code Florida 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 and free from excessive cracks, breaks and other hazards.
(5) Interior walls and ceilings shall be considered to be in good repair when clean and free
from excessive cracks, breaks, loose plaster and similar conditions. Walls shall be
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provided with paint, paper sealing material or other protective covering so that 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 and the Florida Building 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.
(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 premises shall be properly connected to and be provided with electric power
through safely insulated conductors conforming to the National Electrical Code Florida
Building Code as adopted and amended by the 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
S 143-2 of Chapter 143 of the Code of Ordinances of the City ofOcoee.
(13) Flammable 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 subj ect
to enforcement actions as provided in the Article IV of this Chapter.
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(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 and shall be structurally safe, durable, smoketight and capable of
withstanding the action of flue gasses.
(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 nonoperative 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 and 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 that 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 that 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 that said awnings or marquees are made of cloth or plastic, where
exposed to public view, they 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,
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design and location meeting local and state building codes, housing standards, fire code
and other applicable requirements.
~ 108-34. Duties and responsibilities of owners and operators of commercial, 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 unsanitary 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 defined in this section, operators may be held jointly and severally liable,
as well as the owners.
ARTICLE IV, Public Nuisances or Hazards to Public Health, Safety and Welfare;
Enforcement
~ 108-35. Public nuisances.
Public nuisances are defined in the definitions of S 108-3 of this Chapter. When nuisance
conditions or hazards 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
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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.
~ 108-36. Applicability.
This Article IV shall apply to all buildings and structures regulated generally by this Chapter.
~ 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.
~ 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).
~ 108-39. Procedure for vacating of structures or premises; penalties for offenses.
A. Notice to vacate. Whenever the Building and Zoning Official or his designee or the Code
Enforcement Board shall 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) 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:
(a) By personal delivery to the owner and occupant;
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(b) 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
(c) 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.
(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.
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 dollars ($250) 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) for
each day that the repeat violation exists.
~ 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.
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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 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 moneys 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 the 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.
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E. In the event that 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 coequal 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 city and Code 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.
~ 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, notwithstanding 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 ofviolationlnotice 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. Such notice of requested demolition shall be served not only upon the property owner(s)
of record but shall also be served upon mortgage holders and lienholders of record as
determined by 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-
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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 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 S 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 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 moneys 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 the 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 that 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.
I. Liens for such city contracted work shall be coequal with all state, county and municipal
taxes and shall be superior in dignity to all other liens, titles and claims until paid.
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~ 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 ofbuilding(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.
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