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HomeMy WebLinkAboutOrdinance_02-20_6/11/2020 ORDINANCE NO. 02-20 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS. ARTICLE V. PROPERTY MAINTENANCE. SECTION 14-121. INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED. TO PROVIDE APPLICABLE CONFLICTS AND ENFORCEMENT CLAUSES AND TO READOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE IN PART; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 14 SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE,AND FOR OTHER PURPOSES. WHEREAS, in 2003, the Village adopted the most current edition of the International Property Maintenance Code ("IPMC") to ensure that structures and dwellings within the Village are occupied and maintained in a manner that safeguards public health, safety and welfare; and WHEREAS,there are particular sections within the Village-adopted edition of the IPMC that duplicate, conflict with, or otherwise fail to conform with existing regulations within Village Code or the Florida Building Code; and WHEREAS, the Village Council desires to repeal the adoption of the IPMC in its entirety and re-adopt only relevant and applicable portions of the IPMC, to ensure that all locally incorporated sections of the IPMC conform with and are subordinate to Village and state regulations; and WHEREAS, the Village Council believes these revisions will be in the best interest, and will promote the health, safety and welfare of the citizens of the Village of Tequesta. NOW,THEREFORE,BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA, THAT: Section 1: Chapter 14. Buildings and Building Regulations. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article V. Property Maintenance. Section 14-121. International Property Maintenance Code adopted. to provide applicable conflicts and enforcement clauses and to re-adopt only relevant and applicable portions of the IPMC,to ensure 1 that all locally incorporated sections of the IPMC conform with and are subordinate to Village and state regulations,providing that Chapter 14. Article V. Section 14-121 shall read hereafter as follows: Sec. 14-121. -International Property Maintenance Code adopted. The most current edition of the International Property Maintenance Code, of which copies have been and are now filed in the office of the building official of the village, is hereby adopted and incorporated in part within Appendix B, and from the date on which this section shall take effect, those incorporated provisions of the International Property Maintenance Code therein shall be controlling in the area of jurisdiction of the village. However. in the event of a conflict between those incorporated provisions of the International Property Maintenance Code and the village code and/or the Florida Building Code the village code and/or Florida Building Code shall apply. All enforcement of incorporated provisions of the International Property Maintenance Code shall be enforced in accordance with Chapter 2 Article IV of the village code and Chapter 162 Florida Statutes. The village hereby adopts and incorporates the following provisions of the most current edition of the International Property Maintenance Code• ha ter Section Subsections CHAPTER L —SCOPE Section 101. —General. Subsection 101.1 Title. AND APPLICATION fin Subsection 101.4 Severability. art Section 108. —Unsafe Subsection 108.1 General. structures and equipment. Subsection 108.1.1 Unsafe structures. Subsection 108.1.2 Unsafe equipment. Subsection 108.1.3 Structure unfit for human occupancy. Subsection 108.1.4 Unlawful structure. Subsection 108.1.5 Dangerous structure or premises. Subsection 108.2 Closing of vacant structures. Subsection 108.3 Notice. Subsection 108.4 Placarding. Subsection 108.4.1 Placard removal. Subsection 108.5 Prohibited occupancy. 2 Subsection 108.6 Abatement methods. Section 109.— Subsection 109.1 Imminent danger. Emergency measures. Subsection 109.2 Temporary safeguards. Subsection 109.3 Closink streets. Subsection 109.4 Emergency repairs. Section 110. — Subsection 110.1. General. Demolition. Subsection 110.3. Failure to comply. CHAPTER 3. - Section 301. —General. rall subpart GENERAL Section 302.—Exterior Subsection 302.1. Sanitation. REQUIREMENTS fin property areas. Subsection 302.2. Grading and PXjt drainage. Subsection 302.3. Sidewalks and driveways. Subsection 302.5. Rodent harborage. Subsection 302.6. Exhaust vents. Subsection 302.7. Accessory Structure. Subsection 302.9. Defacement of property. Section 303. — Subsection 303.1 Swimming pools. Swimming pools, spas and hot tubs. Section 304. —Exterior Subsection 304.1. General. structure. Subsection 304.2. Protective treatment. Subsection 304.4. Structural members. Subsection 304.5. Foundation walls. Subsection 304.6. Exterior walls. Subsection 304.7. Roofs and drainage. Subsection 304.8. Decorative features. Subsection 304.9. Overhang extensions. Subsection 304.10. Stairways, decks. porches and balconies. Subsection 304.11. Chimneys and towers. Subsection 304.12. Handrails and u Subsection 304.13. Widows. skylights and door frames. [with all subpartsl Subsection 304.14. Insect screens. Subsection 304.19, Gates. Section 306. — Subsection 306.1. General. Component serviceabilit . Section 308. —Rubbish [all subpartsl and garbage. 3 CHAPTER 4. - LIGHT. Section 404. - Occupancy fall subpartsl VENTILATION AND limitations. OCCUPANCY LIMITATIONS fin partl The village expressly does not adopt the following provisions of the most current edition of the International Property Maintenance Code: Cha ter Section Subsections CHAPTER L—SCOPE Section 101. — General. Subsection 101.2 Scope. AND APPLICATION fin Subsection 101.3 Intent art Section 102. — fall subpartsl Applicability. Section 103. — fall subpartsl Department of property maintenance inspection. Section 104. -Duties and fall subpartsl powers of the code official. Section 105. —Approval. fall subpartsl Section 106. — fall subpartsl Violations. Section 107. —Notices fall subpartsl and orders. Section 107. —Notices fall subpartsl and orders. Section 108. —Unsafe Subsection 108.2.1 Authority to structures and equipment disconnect service utilities. Subsection 108.7 Record. Section 109. - Subsection 109.5 Costs of emergency Emergency measures. repairs. Subsection 109.6 Hearing. Section 110. - Subsection 110.2 Notices and orders. Demolition. Subsection 110.4 Salva a materials. Section 111. -Means of fall subpartsl Section 112. —Stop work fall subpartsl order. CHAPTER 2.— DEFINITIONSfin its entiret CHAPTER 3. - Section 302. -Exterior Subsection 302.4 Weeds. GENERAL property-areas. Subsection 302.8 Motor vehicles. REQUIREMENTS fin Section 303. - Swimming Subsection 303.2 Enclosures. 4 part] pools, spas and hot tubs. Section 304. -Exterior Subsection 304.1.1 Unsafe conditions. structure. Subsection 304.3 Premises identification. Subsection 304.15 Doors. Subsection 304.16 Basement hatchways. Subsection 304.17 Guards for basement windows. Subsection 304.18 Building security. fall subparts] Section 305. -Interior fall subparts] structure. Section 306.— Subsection 306.1.1 Unsafe conditions. Component serviceability. Section 307. - Handrails fall subparts] and guardrails. Section 309. -Pest fall subparts] elimination. CHAPTER 4. - LIGHT. Section 401. - General. fall subparts] VENTILATION AND Section 402. - Li ht. fall subparts] OCCUPANCY Section 403. - [all subparts] LIMITATIONS fin part] Ventilation. CHAPTER 5. — PLUMBING FACILITIES AND FIXTURE REQUIREMENTS entiret CHAPTER 6. — MECHANICAL AND ELECTRICAL REQUIREMENTS entiret CHAPTER 7. —FIRE SAFETY REQUIREMENTS entiret CHAPTER 8.— REFERENCED STANDARDS [entirety] APPENDIX A- BOARDING STANDARD [entirety] 5 Section 2: Each and every other Section and Subsection of Chapter 14. Buildings and Building Regulations. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. 6 APPENDIX B -INTERNATIONAL PROPERTY MAINTENANCE CODE In each code development cycle, proposed changes to this code are considered at the Committee Action Hearings by the International Property Maintenance Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the proposed changes. Proposed changes to a code section having a number beginning with a letter in brackets are considered by a different code development committee. For example,proposed changes to code sections that have the letter [F] in front of them(e.g., [F] 704.1) are considered by the International Fire Code Development Committee at the Committee Action Hearings. The content of sections in this code that begin with a letter designation is maintained by another code development committee in accordance with the following: [A] =Administrative Code Development Committee; [F] =International Fire Code Development Committee; [P] =International Plumbing Code Development Committee; [BE] =IBC—Egress Code Development Committee; and [BG]=IBC—General Code Development Committee. CHAPTER 1. - SCOPE AND APPLICATION Section 101. - General. [A]10 1.1 Title. These regulations shall be known as the International Property Maintenance Code of Tequesta, Florida, hereinafter referred to as "this code." [A]101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Section 108. -Unsafe structures and equipment. 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life,health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation,that partial or complete col lapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator,moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that 1 such equipment is a hazard to life, health,property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation , illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure.An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle,passageway,stairway,exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure,or part of the building or structure,because of dilapidation, deterioration, decay, faulty construction,the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 2 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation , mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or dis ease. 10. Any building or structure, because of a lack of sufficient or proper fire-resistance- rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse,the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the time specified in the order,the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section,notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner's authorized agent or the person or persons responsible for the structure or equipment. in accordance with Section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply with the notice provisions within the time given,the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises , operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 3 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner's authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant of a building,premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair,rehabilitation, demolition or other approved corrective action. Section 109. -Emergency measures. 109.1 Imminent danger. When, in the opinion of the code official,there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment,the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure,making the required repairs,removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards.Notwithstanding other provisions of this code,whenever, in the opinion of the code official,there is imminent danger due to an unsafe condition,the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety,the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section,the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. Section 110. -Demolition. 110.1 General. The code official shall order the owner or owner's authorized agent of any premises upon which is located any structure, which in the code official's or owner's authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous,unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure,to demolish and remove such structure; or if such structure is capable of being made safe by repairs,to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where 4 there has been a cessation of normal construction of any structure for a period of more than two years,the code official shall order the owner or owner's authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. 110.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with a demolition order within the time prescribed,the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. CHAPTER 3. - GENERAL REQUIREMENTS User note:About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas, as well as the interior and exterior elements of the structure, that are intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building's structural and weather-resistance performance. Specifically, Chapter 3 contains criteria for the maintenance of building components; vacant structures and land; the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; extermination of insects and rodents; access barriers to swimming pools, spas and hot tubs; vehicle storage and owner/occupant responsibilities. Section 301. - General. 301.1 Scope. The provisions 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 maintain 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 that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Section 302. -Exterior property areas. 302.1 Sanitation.Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage.Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. 5 Exception:Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks,walkways, stairs, driveways,parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found,they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination,proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor,hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. Section 303. - Swimming pools, spas and hot tubs. 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. Section 304. -Exterior structure. 304.1 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. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permit ted where approved by the code official. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices,porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 6 304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to pre vent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound,tight and not have defects that admit rain. Roof drain age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. Cornices, belt courses, corbels,terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. Overhang extensions including,but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck,porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE] , every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured,packaged or stored shall be supplied with approved 7 tightly fitting screens of minimum 16 mesh per inch(16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.19 Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. Section 306. - Component serviceability. 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Section 308. -Rubbish and garbage. 308.1 Accumulation of rubbish or garbage.Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators.Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. 8 CHAPTER 4. -LIGHT,VENTILATION AND OCCUPANCY LIMITATIONS Section 404. - Occupancy limitations. 404.1 Privacy.Dwelling units,hotel units, housekeeping units,rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet(2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet(914 mm) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights.Habitable spaces , hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet(2134 mm). Exceptions: 1. In one-and two-family dwellings,beams or girders spaced not less than 4 feet(1219 mm) on center and projecting not greater than 6 inches(152 mm)below the required ceiling height. 2. Basement rooms in one-and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm)with a minimum clear height of 6 feet 4 inches(1932 mm)under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet(1524 mm) shall be included. 404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain not less than 120 square feet(11.2 m 2) and every bedroom shall contain not less than 70 square feet(6.5 M2) and every bedroom occupied by more than one person shall contain not less than 50 square feet(4.6 m 2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms.Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. 9 404.4.5 Other requirements.Bedrooms shall comply with the applicable provisions of this code including,but not limited to,the light, ventilation , room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5;the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET i SPACE 1-2 occupants 3-5 occupants 6 or more occupants Living room _b 120 120 150 Dining room a,b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot=0.0929 m 2 a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit.Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet(11.2 m 2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m 2 ). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m 2). These required areas shall be exclusive of the areas required by Items 2 and 3. 10 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. Spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store,prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. (Ord.No. 580, § 2, 8-12-2003; Ord.No. 5-12, § 1, 5-10-2012) 11 A ORDINANCE Date 2-20 6/11/2020 Upon Second Reading Motion Council Member Frank D'Ambra Second Vice-Mayor Kyle Stone FOR AGAINST ABSENT CONFLICT Mayor Abigail Brennan ❑x ❑ ❑ ❑ Vice-Mayor Kyle Stone ❑x ❑ ❑ ❑ Council Member Laurie Brandon ❑x ❑ ❑ ❑ Council Member Frank D'Ambra ❑x ❑ ❑ ❑ Council Member Bruce Prince ❑ ❑ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Aigail renna ATTEST: Lori McWilliams, MMC Village Clerk SEAL :D= INCORpORArED:'