Fort Walton Beach Ordinance — 1867 - Amends Code for Consistency with LDC — reading text

Ordinance 1567 AN ORDINANCE OF THE CITY COUNCIL OF FORT WALTON BEACH, AMENDING CHAPTERS 2 AND 5, CODE OF ORDINANCES, RESOLVING CONFLICTS AND PROVIDING CONSISTENCY WITH THE LAND DEVELOPMENT CODE REGARDING BOARD MEETINGS AND PUBLIC NUISANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, THAT THE CODE OF ORDINANCES OF THE CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS: Section 1. Authority and Intent A. The authority for enactment of this ordinance is contained in Chapter 166. 021 and other provisions of the Florida Statutes and section 2 of the City Charter. B. The intent of this ordinance is to resolve conflicts and provide consistency resulting from the adoption of Ordinance 1861. Section 2. Amendment of Chapter 2, Administration, of the Code of Ordinances Chapter 2, Administration, of the Code of Ordinances is hereby amended as follows: AND 2. 02. 02 Terms of Members: The appointment of any member of any city agency, authority, board, commission or committee except for the Local Planning Agency. Board of Adjustment, and Code Enforcement Board, shall be for a term of 48 months, which term shall commence at a time to be specified by council at the time of the appointment. The council may, from time to time, establish temporary committees appointed for a specific term. Terms of appointments to newly created city agencies, authorities, boards, commissions or committees may be staggered to provide for continuity. Any appointment for any vacancy on any city agency, authority, board, commission or committee shall fill the unexpired term of the appointment.  F,Mk AND 2.02. 05 Vacancies: Vacancies on any agency, authority, board, commission or committee except for the Local Planning Agency, Board of Adjustment, or Code Enforcement Board shall occur when a member has four unexcused absences within any calendar year. It shall be the duty of the chair of each agency, authority, board, commission or committee, to report to the council a member who has exceeded the maximum absences allowed. The report of the chair, with a certificate of mailing notice to the absentee member, shall constitute evidence that the vacancy has occurred and shall be authorization for the council to appoint another member for the unexpired term. An absence shall be excused only for reasons of death in the immediate family, serious illness, or out -of -town business. AND  I MINIMUM ANDAND 2.2. 1111 MUNICIPALMUNICIPAL PLANNINGPLANNING BOARDBOARD II .... h.... h.... ie.. ie.. bebe establishedestablished aa mufliemuflie ffEiffEi boardboard 2.2. 11.11. 0202 Pem,Pem, eFseFs andand P.-P.- t].-.. t].-.. TheThe ... ... ee palpal planning planning 6.6. havehave thethe fellawin fellawin powerspowers andand dutiesduties undefundef thethe provisionsprovisions ofof thethe LandLand DewlepmeatDewlepmeat Code,Code, dd atherwse atherwse asas planningplanning ageneyageney • • 2)2) prepafeprepafe ofof eauseeause toto bebe pFepaFedpFepaFed thethe eefflpFeheasiveeefflpFeheasive plan,plan, eFeF anyany elementelement ofof PenienPenien thefee€ thefee€ YY  IN l-. NOWOMI HIMHIM MI- 1, 11011,10- VV l . .. ... ........ Vl . -- . .. .. . .-- ....... ... WONWON WON  0 oil IN 11" I' lol NO!  i 1• i .. IYa:IYa: siliil4-siliil4- Section 3. Amendment of Chapter 5, Health and Sanitation, of the Code of Ordinances Chapter 5, Health and Sanitation, of the Code of Ordinances is hereby amended as follows: 5. 04. 02 Nuisance Conditions: A public nuisance includes, but is not limited to, the following actions or omissions: 1) Failure to maintain property in accordance with the standards set forth in this section or Code in general. 2) Accumulation or open storage of trash, debris, litter, garbage, bottles, paper, cans, rags, dead plants or trees, dead or decayed animal matter, fruit, vegetables, offal, tools equipment lawn and garden products buckets containers appliances, household furniture, bticks, concrete, scrap lumber, ef8thee building debris or any other refuse of any nature. AND 5. 06 PROPERTY MAINTENANCE, GENERAL 5 06 01 Purpose: The purpose of this chapter is to establish minimum standards for the maintenance upkeep and appearance of improved or unimproved premises; to minimize impacts of construction and to provide a just equitable and practicable method to preclude: A Residential and commercial buildings structures and premises from causingg nd/ or endangering the life limb health property, safety or welfare of the general public or their occupants; or B Diminished property values: or C Detracting from the appropriate appearance of the residential area, by way of  example: 1 Failure to remove abandoned property, litter or debris: or 2 Failure to cut and/ or remove the accumulation of weeds grass or uncultivated vegetation. 5.06. 02 General Provisions: A Maintenance Equipment systems devices and safeguards required by this chapter or a prior code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this chapter are not intended to provide the basis for removal or abrogation of fire protection or safety systems and devices in existing stmctures Except as otherwise specified herein the owner shall be responsible for the maintenance of buildings, structures and premises. B Existing remedies The provisions in this chapter shall not be construed to abolish covered by this chapter. D Deviation from chapter. Where practical difficulties are prohibitive in carrying out the provisions of this chapter, the building official has the authority to grant modifications for individual cases The modification shall be in compliance with the intent and purpose of this chapter and shall not lessen health life and fire safety requirements The basis for granting modifications shall be recorded and entered in the department files. compliance with all applicable sections of this chapter. No premises or building, or combination shall be used in a manner inconsistent with or in conflict with the requirements of this chapter. F Conflict with other codes The provisions of this chapter shall apply to all buildings structures or premises in existence or built within the city limits or annexed therein Where the provisions of this chapter impose a standard different than that set forth in any other ordinance of the city or under the laws of the state, the most restrictive standard shall prevail. 5. 07 RESIDENTIAL AND COMMERCIAL PROPERTY MAINTENANCE All premises shall be maintained in compliance with the standards in this section. 5. 07.01 Standards for improved property A Foundation The building foundation system shall be adequately maintained and capable of supporting the load for which it was designed. a Wood supports shall be sound and free from insect infestation and rot.  b Metal supports and connections shall be free from rust and the equivalent of new supports. c 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. B Exterior walls Exterior walls of buildings shall be: a Maintained free from holes breaks and loose or rotting materials; and b Maintained weatherproofed and surfaces properly coated as needed to prevent deterioration Decorative features such as cornices belt courses corbels trim wall facings and similar decorative features shall be maintained in good repair with proper anchorage Any graffiti shall be removed or repainted to match existing surfaces. C. Windows. a Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodentproof. b Openings originally designed as windows shall be maintained as windows unless approved by the building official for enclosure The enclosure of a pening blocking the opening with window shall be by either bricking concrete blocks and stuccoing the exterior, or boarding the opening. When boarding is used it shall be of trim fit sealed to prevent water intrusion and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place and be properly maintained D Shutters All shutters shall be maintained in good repair and securely attached to a structure Peeling paint or preservatives is prohibited E Exterior doors Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. F. Exterior doorframes and storefronts. Exterior doorframes and storefronts shall be maintained in good condition All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. G Exterior surface treatment All exterior surfaces including by way of example and not limitation doors and window frames cornices porches decks, trim, balconies fences