Loading...
HomeMy WebLinkAbout02-0051 2 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 · 37 38 ORDINANCE NO. 02-005 AN ORDINANCE AMENDING THE ST. LUCITE COUNTY LAND DEVELOPMENT CODE BY CREATIN(~ SECTION 13.09.00, PROPERTY MAINTENANCE CODE, TO PROVIDE FOR ADOPTION OF CHAPTER 3, jGENERAL REQUIREMENTS, OF THE 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED; BY PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABIMTY; PROVI:)ING APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOI~TION PROVIDING FOR CODIFICATION. BY FOR THE AN AND WHEREAS, the Board of County Commissioners of St. Lucie Co following determination: On August 1, 1990, the Board of County Commis County, Florida, adopted the St. Lucie County Land anty, Florida, has made the sioners of St. Lucie Development Code. ! The Board of County Commissioners has adopted ~ertain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91-03 Mamh 14, 1991 91-09 -i 91-21 November 7, 1991 92-17 ~ 93-01 February 16, 1993 93-03 93-05 May 25, 1993 93-06 93-07 May 25, 1993 94-07 94-18 August 16, 1994 94-21 95-01 January 10, 1995 96-10 97-01 March 4, 1997 97-09 97-23 September 2, 1997 99-01 99-02 April 6, 1999 99-03 99-04 - August 17, 1999 99-05 99-15 - July20, 1999 99-16 -I May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 20, 1999 Ordinance No. 02-005e Final Underline is for addition ~ is for ideletion Page 1 PRINT DATE: 06/25/02 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 99-17 - September7,1999 99-18 November2,1999 00-10 - June 13, 2000 00-11 June 13, 2000 00-12 - June 13,2000 00-13 June 13,2000 01-03 - December18,2001 02-09 March 5,2002 On April 18, 2002, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On May 7, 2002, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on April 26, 2002, On May 21,2002, this Board held a second public hearing on the proposed ordinance, after announcing its intent to hold a hearing at its meeting of may 7, 2002. On June 25, 2002, this Board held a final public healring on the proposed ordinance, after publishing a notice of such hearingi in the Port St. Lucie News and the Tribune on June 14,, 2002. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SECTION 13.09.00 OF THE ST. LUClE COUNTY LAND DEVELOPMENT CODE IS HEREBY CREATED TO READ AS FOLLOWS: Ordinance No. 02-005e Final Underline is for addition ~ is for Ideletion Page 2 PRINT DATE: 06/25/02 ! 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 34 35 36 37' 38 CHAPTER Xlll BUILDING REGULATIONS PUBLIC WORKS CONSTRUCTION MANUAL 13.09.00 ~ EXTERIOR PROPERTY MAINTENANCE CODE 13.09.01 ADOPTED Chapter 3, of the International Property Maintenance Code, 2000 edition, as promulgated by the International Code Council, Inc., is adopted by reference as the Exteriqr Property Maintenance Code of the County, to apply to the unincorporated areas of the County. A c(~py of such code shall be filed in the off ce of the public Works Director and shall be available forlpublic inspection during the regular business ho~urs of such office. 13.09.02 AMENDMENTS/DELETIONS The following sections of Chapter 3, of the International Property Maintenance Code, 2000 edition, are hereby amended in the following respects: Section 301.3 (Vacant structures and land) shall be !amended to read as follows: 301.3 Vacant structures and land. All vacant structures and premises thereof shall be ma sanitary condition as provided herein so as not to adversely affect the public health or safety. In add structure shall take such steps and perform such acts to ti~e to insure that the structure and surrounding I: and sianitaryl and do not present a hazard to adjoinin~ openings, including doors and windows, which are shall be provided with painted exterior-grade plywoodiclosures, matched in color to the structure, unless the same are provided with awnings, storm panels, or other similer commercially available products designed for t~is intended use and installed in a workmanlike manner. intained in a safe1 secure and ~use a blighting problem or tion, the owner of a vacant ts may be required from time roperty remain safe, secure, I property or to the public. All :overed or closed for access Ordinance No. 02-005e Final Underline is for addition .~ is for deletion Page 3 PRINT DATE: 06/25/02 1 2 3 4 § 6 7 8 9 10 11 12 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 $! 32 34 35 36 37 38 39 40 41 2_. Secti~pn 302.5 (Rodent harborage) shall be amended to read as follows: 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall b,= promptly exterminated by approved processes which shall not be injuriou., to human health. After extermination, proper precautions shall be taken to eli~ ninate rodent harborage and prevent reinfestation. For the purposes of this secti( r~, the term "rodent" shall not include squirrels. This section shall not apply to exteri ar property zoned AG-l, AG- 2.5, and AG-5. 302.7 303.2 Ordinance No. 02-005e Final Section 302.7 (Accessory Structure) shall be amen Accelssary Structures. All aqcessory structures, including detached garage maintained structurally sound and in good repair, exc paragraph shall not apply to any bona flde agricultural district and any area zoned AG-l, AG,2.5 or AG-5. Sectic)n 303.2 (Protective treatment) shall be amen( Protective treatment. ed to read as follows: s, fences and walls shall be .=pt that the provisions of this operation in the AR-1 zoninq led to read as follows: All ex~terior surfaces, including but not limited to, do( 's, door and window frames, cornices, porches, trim, balconies, decks and fen~ 9s shall be maintained in a structurally sound and operational condition. ExteriOr wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by paintinq or other protective covering or treatment. Peeling, fla~(ing and chipped paint over a substantial portion of the exterior surface shall be elimir~ated and surfaces repainted. The following sections of Chapter 3, of the International Prop( All siding and masonry joints as well as those between the buildinq envelope and the perir0eter of windows, doors, and skyllghts shall be naintained weather resistant and~ater tight. All metal surfaces subject to rust or corrosion shall be coated to inhibi~t such rust and corrosion and all surfaces w h rust or corrosion shall be stabil!ized and coated to inhibit future rust and corr¢ ~ion. ~rty Maintenance Code, 2000 Underline is for adUition ~ik,~T-hrot~t is for deletion Page 4 PRINT DATE: 06/25/02 1 2 4 § 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 ~4 ~6 37 38 40 41 edition, are hereby deleted from applicability as described iF Section 13.09.01' 1_. Section 302.2 Grading and drainage 2 SectiOn 302.4 Weeds 3 Section 302.6 Exhaust Vents 4_. SectiOn 302.7.1 Gates 5_. SectiOn 302.8 Motor Vehicles 6_. Section 303.14 Insect Screens 7_. Secti~3n 304 Interior Structure 8_. Secti~pn 305 Rubbish and Garbage 9_. SectiOn 306 Extermination 13.09.03 CONFLICTING PROVISIONS WITH OTHER CODI~S OR REGULATIONS OF THE COUNTY In the event that there is a conflict between any regulation cited i~ this Section and any other regulation of the CoL!nty found in the St. Lucie County Land Developmlent Code, St. Lucie Code and Compiled Laws or the Florida Building Code, the stricter of the tw(~ standards shall apply. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorpora~d areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in cohflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict; PART C. SEVERABILITY.' If any portion of this (Prdinance is for any reason held or declared to be~ unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, proper~y, or circumstance. PART D. APPLICABILITY OF ORDINANCE. I This ordinance shall be applicable in the unincorporated area of Si. Lucie County. Ordinance No. 02-005e Final Underline is for ac~dition ~ is foddeletion Page 5 PRINT DATE: 06/25/02 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2§ 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 PART E. FILING WITH THE DEPARTMENT OiF STATE. The Clerk be and is hereby directed forthwith to send a certified copy ct this ordinance to the Bureau of Administrative COde and Laws, Department of state, The Capit(~l, Tallahassee, Florida 3230. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: PART H. Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner Paula Lewis Commissioner John D. Bruhn Commissioner Frannie Hutchinson CODIFICATION. AYE AYE AYE NAY NAY Provisions of this ordinance shall be incorporated in the St. Lucie Cour)ty Code and Compiled'Laws, and the word "ordinance" may be changed to "section", "article", or ot~er appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DUEY ENACTED this 25TM day of BOARD OF COUNTY ST. LUCIE COUNTY, June, 2002 Underline is for addition ~ is for Ideletion Ordinance No. 02-005e Final -"~hairm~ LR Page 6 PRINT DATE: 06/25/02 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DJM 01-O05final(Lndcod01 -H) Ordinance No. 02-005e Final APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underline is for addition ~ is forldeletion Page 7 PRINT DATE: 06/25/02 BOOK 1549 PAGE 2434 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provis~ions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occ~upants of a dwelling unit are respon- sible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. :t~'301.3 Vacant structures and land See Section 13.09.02(A)(1), St. Lucle County Land Development Code SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitatiom All exterior property and promises shall be maintained in a clean, safl~ and sanitary condition. The occu- pant shall keep that part oflthe exterior property which such oc- cupant occupies or controls in a clean and sanitary condition. and mai~'; accumulation E×ce~t:'z=: Ap. proved ~ete.-'.t!on ~re~_s ?_a re_~e_'-'.,e'_'r~ 302.3 Sidewalks and driveways. All sidewalks, walkways, staffs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. (254 mm). All noxious wtreel-~-,dajflM~.--l:~o'~ibited. Weeds shall than tre in ~r'302.5 R_~dent harborage. See Section 113.09.02(A)(2), SL Lucle County Laad Development Code  "~ '. tam grease, smoke_ 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE~ t'~~,--- a~ju~_"~l; Pan, ..... ~'t? b!!c '~"- "~"~',-- ............ ,- - - ~ -- -. ....... ~" cf another t'eftat~. 302.7 Accessory structures. - See Section 13.0~.02(AX3), St. L~cie County Land Development Code and s~g in accordance with~j~e~trf~rnational Bui!d. ing. Code s~uch that the gate will ~~rho~Om a still position 302.7.2 Swin ning pools. Swimming pools shall be main- tained in a cle~ and sanitary co,.ndifio_n, and in good repair. rive or unlicensed motor vehicle~.dralI be parked, kept"o~ ,red on any premises, and noy.~h~le shall at any time be in a ~'~'ef.~ajor disassembJy~t~epair, or in the process of being s' ripped o~tia~ntT. Painting of vehicles is prohibited unless .'o.n.du.~ved spray beoth. Exception: A ~e.~, ,?f any .type is.pe~_.., to.undergo major over~. ~ocly work, provid~such 302.9 Defacemen~t of property. No person shall willfully or wantonly damage4 mutilate or deface any exterior surface of any structure or bt~ilding on any private or public property by placing thereon an~, marking, carving or graffiti. It shall be the re~;ponsibility of the owner to restore said sur- face to an approved state of maintenance and repair. ' SECTION 303 EXTERIOR STRUCTURE 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. ~303.2 Protective .~'eatment. , S~e Section 13.09.02(AX4), Code St. LuclelCounty Land Development iF] 303.3 Premises identification. Buildings shall liave ap- proved address numbers placed in a position to be plainly legi- ble and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numl)crs shall be Arahic numerals or alphabet loiters. Numhcrs shall ben minimu[nof4inches(102 mm) high wilh;t mini mum su'okc width of 0.5 inch (12.7 mm). 3{}3.4 Structural members. Ali strnctural mcmhcrs shall be maintained free from deteriora[ion, and shall be capable of sal~ly supporting the imposed dead and live loads. 303.5 Foundation walls. All foundation walls shall be main- rained plumb and fl-ee from open cracks and breaks and shall be Ikept in such condition so as to prevent the entry of rodents and other pests. 303.6 Exterior walls. All exterior walls shall be t?~ from holes, breaks, and loose or rotting materials; and maintained weathe~roof and properly surface coated where required to prevent deterioration. 303.7 Roofs and drainage. ~e r~f and flashing shall be sound, tight ~d not have def~ ~at admit min. Roof drainage shall be ad~uate to prevent ~pness or deterioration in ~e walls or interior ~on of ~e s~cmre. R~f drains, gutte~ nd downspou~ sh~l be mmn~n~ m g~ repair and fr~ from obs~cfions. Roof wamr sh~l not ~ disch~ed in a man- ner · at crates a public nuis~.. 303.8 Decorative f~tu~. ~ ~mi~, ~lt coupes, co,els, te~ corm ~, w~l facings .~d si~l~ d~rafive f~t~ shall be m~n~n~ in go~ mp~ wi~ pro~r anchorage and in a safe condition. 303.9 Overhang em~io~. ~ Ove~g exte~ions includ- ing, but not ~t~ m'c~opi~, m~u~, sig~, me~ awn- ings, fire escape, s~dpi~s, ~d exhaust duc~ shall be m~n~ned in go~ rep~r ~d ~ pm~rly ~chor~ so ~ to be k~pt in ~ sound con~fion. ~en r~u~, fll ex~s~ suffa~s or metal or w~ shall ~ prot~t~ from the elemen~ and against d~ay or mst by pedo~c application of w~ther-coat- ~ ing mateh~, such ~ p~nt or si~l~ surface ~tment. 303.10 S~i~ays, dec~, porch~ hnd balconi~. Eve~ exte- rior s~ay, d~ porch ~d bal~ny, ~d all appu~enances at~ched thereto, shall ~ mainmin~ s~ctumlly sound, in good repak, wi~ proper anchorage and capable of supposing the imposed loads. 303.11 Chimneys and towers. All Chimneys, cooling towers, smoke smc~, and si~l~ appu~emnces shall ~ maintain~ s~cturally safe and sound, and in~ good repair. Ail exposed surfaces of me~ or wo~ sh~l be pmt~t~ from the elemen~ ~d ag~nst d~ay or mst by ~fi~ic application of weather- coating mater,s, such ~ p~nt or s[~l~ surface ~eatment. 303.12 Handrai~ and guard. Eve~ h~drtil and gu~d shall be fi~ly fasten~ and capable ofsu~o~ing no,ally im~sed loads and shall be maintained in good condition. 303.13 Window, skylight and doo~ frame. Every window, skylight, door and frame shall be kep~ in sound condition, good repair and weather tight. [ 303.13.1 Glazing. All glazing materials shal be maintained free from cracks and holes. 10 GENERALREQUIREMEN/S 303.13.20penable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. s~~~~'o(h'cls "~ch,dcd or uti- li7~d~nanufa~_ ~i~~~l, (:~ clo~g_d~yice~ ~ol-ki n.g ~ondition. ~uir~h~re other ap ed means suchlas air curtains or insect repellent fans 303.15 Doors. Ail exterior doors, door assemblies and hard- ware shall be mainmin~ in good condition. Locks at all en- trances to dwelling uni~4 rooming units and guestrooms shall tightly secure ~e d~n ~ on means o~gmss doors shall be in accordance wi~ S~ti~n 702.3. -- 303.16 Basement hatch~ be maintained to prevent face drainage water. 303.17 Guards for base~ dow that is openable sh~ storm windows or other of rodents. ,ays. Every basement hatchway shall he entrance of rodents, rain and sur- l lent windows. Every basement win- 11 be supplied with rodent shields, ?proved protection against the entry shall be maintained in good repair, stmcturall, "and sanitary condition. Occupants shall keep that vhich they occul~y or control in a clean m ':~ owner .: a structure containing house, a two or more dwellin or two' ca or more shall in a clean cn and the shared or of the struc- tureand exterior .~, 304.2 Structural All members shall be maintained structurall of supporting the i~posed loads. 304.3 Interior surfaces, surfaces, including win- dows andldoors, clean and sanitary conditior~. Peeling, abraded paint shall be repaired, o loose plaster, de- cayed wood, and ,nditions shall be CO ~t~, l balcony, l~ff deck or ott er walking surface shatlx~e main- taim p4;o~ condition a id good repair. 304. ahdrails and guar is. Ever~, handrail and guard s~ll r ? fastened and capal: le of supporting normally impose'Ii, ~ 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® GENERAl,. ['~EQUIREMENTS 304.6 - 306.5 SEC~IO;; ""'- be from any accumulation of rubbish or garbage. 305.2 ~osal of rubbish. Every occupant ofa struc dis rubbish in a clean and sanitary such rabbi: approved containers. 305.2.1 facilities. The cupied approved for rubbish, and ble for the 305.3 Di: dispose of garbage in a such garbage in an approved proved 305.3.1 Garbage shall supply one of l food waste erator unit in dwelling garbage 305.3.2 util :rty and premises, and the interior of every structure, s shall ' oc- containers be responsi- shall manner by placing facility or ap- of every dwelling ical approved incin- to the, an approved leakproof, outside Thc Operator of every provide, and at all times eau approved leakproof containers provided covers for thc storage of such materials until nt infestation. All stmcturc~' i~n' ;-l~"~;s'~;~' ~o- und shall be proml~tly cxlcrrninaled by ap0foved .p_roc.esse.~at will not be injuribus to human healtb,,"afler ex- termination,"xp, roper precautiofls shall be tak. c~to prevent / .... ~306.20w.ner..The OX~er of an5' structur, j~hall be responsible f~'nation wi thin~e stmrturefl~or to renting o~-leasin._.q %./. o_ ........ . ~e-family dwellin?. r M, c, re i~ple occ'~ncy, a room- e x te ri~p r~~ai i u r~-;}-~ n~c't~7 ~ea .occupied. the occ~ *'~" """ m dnation'. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11