HomeMy WebLinkAboutOrdinance 2002-03
ORDINANCE NO. 2002-03
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CREATING A NEW CHAPTER 50 OF THE OCOEE CITY CODE
ENTITLED BUILDER COMPLAINT LOG WHICH RE-ENACTS
THE PROVISIONS OF SECTIONS 51-60 THROUGH 51-66 OF
CHAPTER 51 OF THE OCOEE CITY CODE WHICH HAVE BEEN
REPEALED BY ORDINANCE NO. 2002-02 AS PART OF THE
ADOPTION OF THE FLORIDA BUILDING CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City ofOcoee 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 I, 2002.
WHEREAS, in order to implement the provisions of the Florida Building Code,
the City Commission repealed in its entirety Ocoee City Code Chapter 51, Building
Construction, by approving Ordinance No. 2002-02.
WHEREAS, in order to ensure that the provisions of the former Article II of
Chapter 51 related to a Builder Complaint Log remain in effect within the city, the City
Commission desires to create a new Chapter 50 of the City Code entitled Builder Complaint Log
so as to preserve such provisions within the City Code.
WHEREAS, the provisions of the new Chapter 50 of the City Code are not
similar in nature or content to the language of the Florida Building Code.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
006.243380.1
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 Chapter 166, Florida Statutes.
Section 2.
New Chapter. A new Chapter 50 of the Code of Ordinances of
the City ofOcoee, Florida is hereby adopted as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
Section 3.
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 4.
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 5.
Effective Date. This Ordinance shall become effective on March
I, 2002, unless the Florida Legislature extends the date on which the Florida Building Code will
become effective to a date after March 1, 2002, in which case this Ordinance will become
effective on the same date the Florida Building Code becomes effective.
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006.243380.1
""
PASSED AND ADOPTED this ~day of f~i3~ultR.y, 2002.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY r~.
this li day of ~(~'Y2002.
FOLEY & LARDNER
By: f~{~
City Attorney
006.243380.1
APPROVED:
CITY OF OCOEE, FLOWDA
,;;5-'5~;;:~
S. Scott Vandergrift, Mayor
ADVERTISED February 7, 2002
READ FIRST TIME February 5, 2002
READ SECOND TIME AND ADOPTED
6- It , 2002
UNDER AGEN A ITEM NO. E...8.
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Section 50-I.
Section 50-2.
Section 50-3.
Section 50-4.
Section 50-5.
Section 50-6.
~ 50-1.
EXHIBIT "A"
CHAPTER 50
BUILDER COMPLAINT LOG
Maintenance and availability of log.
Complaint form.
Builder response to complaint form.
Inspection of complaint log.
Removal of complaint forms.
Notice of complaint log.
Maintenance and availability of log.
The Building and Zoning Official shall prepare and maintain the Ocoee Builder
Complaint Log (the "complaint log"). The complaint log shall be housed in the office of the
Building and Zoning Official and shall be made available for public inspection consistent with ~
50-24 of this Chapter. The complaint log shall contain the following paragraph prominently
displayed on its cover:
~ 50-2.
NOTICE
This complaint log is provided and kept as a public service to persons
contemplating the purchase of a home within the City of Ocoee. The accuracy of
the information contained herein has not been verified nor investigated by the
City of Ocoee. The City of Ocoee makes no representations or recommendations
concerning any of the builders that construct homes within the city.
Complaint form.
In order for a complaint to be filed in the complaint log, the complainant must complete a
complaint form prepared by the Building and Zoning Official. Upon return of the complaint form
to the Building and Zoning Official, the document shall be promptly filed in the complaint log in
alphabetical order according to the name of the listed builder.
~ 50-3.
Builder response to complaint form.
Within 10 days of receipt of a complaint form, the Building and Zoning Official shall
send to the listed builder a copy of the complaint form along with a builder response to
complaint form prepared by the Building and Zoning Official. In the event that the builder elects
to complete the builder response to complaint form and return it to the Building and Zoning
Official, the Building and Zoning Official shall promptly file it in the complaint log either
006.243380.1
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attached to or immediately following the corresponding complaint form and provide a copy of
the response to the person who filed the original complaint.
~ 50-4.
Inspection of complaint log.
Except as otherwise provided under the laws of Florida, the complaint log shall be a
public record available for inspection at all reasonable times.
~ 50-5.
Removal of complaint forms.
Provided there have been no complaint forms filed in the complaint log within three (3)
years against a particular builder, all existing complaint forms against that particular builder will
be removed from the complaint log by the Building and Zoning Official.
~ 50-6.
Notice of complaint log.
A. A notice of complaint log sign shall be conspicuously displayed at the following
locations within the corporate limits of the city:
(1) At each office or other structure, whether permanent or temporary,
maintained or utilized by a developer, builder, property owner, real estate
broker, salesperson or other person for the sale of residential dwelling
units or vacant lots on which residential dwelling units are to be
constructed; provided, however, that the foregoing shall not apply to
existing residential structures being utilized for the sale of such residential
structures.
(2) At each sales office located within a residential subdivision.
(3) At the office of every real estate broker.
B. The owner of the property on which the above referenced offices or other
structures are located shall be responsible for compliance with the provisions of
this section. Additionally, as to Subsection A(2) above, the developer of the
residential subdivision shall also be responsible for compliance, and as to
Subsection A(3) above, the real estate broker shall also be responsible for
compliance. All signs shall be displayed in an unobstructed location clearly
visible to persons visiting such office or other structure.
C. The notice of complaint log sign referenced above shall be prepared by and
distributed by the Building and Zoning Official. The sign shall be no smaller than
11 inches by 17 inches, shall disclose where information can be obtained within
the city and shall include such other information as may be determined by the
Building and Zoning Official. It shall be unlawful to change or mutilate a notice
of complaint log sign.
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006.243380.1
D. The Building and Zoning Official shall provide a copy of this Chapter to all
persons seeking a building permit for the construction of a real estate sales office
or an occupational license for real estate sales.
E. The provisions of this Chapter shall be liberally construed in order to effectively
carry out the purposes of this Chapter in the interest of making builder
information available to members of the public.
F. Any person violating any provision of this Chapter shall, upon conviction, be
punished as provided in ~ 1-12 of Chapter 1, General Provisions, Article II, of the
Code of Ordinances of the City of Ocoee. Each day such violation is committed
or permitted to continue shall constitute a separate offense.
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006.243380.1