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HomeMy WebLinkAboutDocumentation_Regular_Tab 8D_10/12/1995 ,l. ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA AMENDING CHAPTER 6, BUILDINGS AND BUILDING REGULATIONS, AT ARTICLE II, BUILDINGS, BY PROVIDING THAT ALL EXISTING SECTIONS OF THIS ARTICLE BE INCLUDED UNDER DIVISION 1 TO BE ENTITLED "STANDARD BUILDING CODE;" PROVIDING FOR AN ENTIRELY NEW DIVISION 2 WHICH SHALL BE ENTITLED "MINIMUM PROPERTY STANDARDS" WHICH SHALL INCLUDE DEFINITIONS, MAINTENANCE AND APPEARANCE STANDARDS FOR ALL STRUCTURES, COLOR, APPEARANCE OF EXTERIOR OF PREMISES, GENERAL MAINTENANCE, RESPONSIBILITIES OF OWNERS AND OPERATORS, AND INSPECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING_AN EFFECTIVE DATE. WHEREAS, the Village Council of the Village of Tequesta desires to establish uniform minimum standards for color, paint and landscaping of occupancies and maintenance of\ dwelling units as well as other structures within the Village corporate limits in order to eliminate blighting influences; and WHEREAS, the Village Council believes that the adoption or • minimum color, paint and landscape standards will assist in preserving the quality of life within the Village and will be in the best interests 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 6, Buildings and Building.Regulations, of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II, Buildings, by including the existing section under the heading "Division 1" which shall be entitled "Standard Building Code" . SECTION 2 . Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II, Buildings, by the adoption of an entirely new Division 2 which shall be entitled "Minimum Property Standards" and which shall read as follows: "Division 2 . MINIMUM PROPERTY STANDARDS Sec. . Purpose and Scope. The purpose of this code is . to establish uniform minimum standards for the occupancy and maintenance of \dwellings and other structures located in the. Village of Tequesta. The objective of these codes is to improve, preserve and maintain the buildings and structures of the Village and to eliminate blighting influences wherever possible. Every building or structure in the Village that is subject to the provisions of this code shall conform to the requirements of this code regardless of when the building or structure may have been constructed, altered or repaired. This code does not replace or modify standards of other codes or ordinances regulating the construction, replacement or repair of buildings or unsafe structures, but shall operate in conjunction with the Standard Building Codes and all other technical codes as adopted by ordinance. Sec. . Definitions. The following definitions shall apply in the interpretations and enforcement of this Division: 1. Accessory Structure - see definition as set forth in Appendix A, Section IV, of the Code of Ordinances. 2 . Building - see definition as set forth in Appendix A, Section IV, of the Code of Ordinances. 3. Blighting influence - any physical condition of property maintenance which directly or indirectly causes a reduction in the value of surrounding properties. 4 . Deficiency - a condition of deterioration that is not in violation of this code; however, such condition can be expected to become a violation within a short period of time. 5. Deterioration - 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, neglect or lack of maintenance. Y 6. Dilapidated - a condition of structural disrepair or deterioration to the extent requiring rehabilitation, reconstruction or demolition. 7. Director - the Department Head of the Department supervising the Village of Tequesta's Code Enforcement Division, or his authorized agent, charged with enforcing code regulations. 8 . Dwelling - any building which is wholly or partially used or intended to be used for living, sleeping, cooking, eating, and sanitation, providing that temporary housing as hereinafter defined shall not be regarded as a dwelling. 9. Dwelling unit - see definition as set forth in Appendix A, Section IV, of the Code of Ordinances. 10. Good state of repair - structure which is safe and habitable for its ordinary and intended use; the materials used therein or any fixture related thereto must be sound, stable and performing the function for which intended. 11. Infestation - the presence of insects, rodents, vermin or other pests. 12 . Occupant - any person living, sleeping, cooking, eating in or having actual possession of a dwelling, dwelling unit, hotel unit, rooming unit. 13 . Operator - any person who has charge, care or control of a building or structure, or part thereof, which is subject to this code. 14. Owner - any person who alone or jointly has legal title to any building or structure, or part thereof, which is subject to this code. 15. Person - any individual, firm, corporation, association, partnership, or other legal entity. 16. Plumbing - includes all of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal unit, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machine, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines and water pipes and line utilized in conjunction with air- conditioning equipment. 17. Structure - a combination of materials, whether fixed or portable, forming a construction, including but not limited to, all buildings, dwellings, pools, fences, and enclosures. YI Sec. Maintenance and appearance standards for all structures. A. The owner and operator of all real properties within the Village shall maintain the exterior of the premises in such a manner to conform with all Village codes and ordinances, to avoid blighting influences on neighboring properties, and to avoid the creation of hazards to public health, safety and welfare. Properties shall be maintained in accordance with the following standards: 1. The exterior of all premises and every structure thereon, including all parts of the structure and appurtenances where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing or other holes or breaks. All screened enclosures shall be properly fitted and maintained. All other surfaces shall be maintained free of broken glass, crumbling stone, brick or stucco, or other conditions reflective of deterioration ,or inadequate maintenance. 2 . All surfaces requiring paint or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti and with uniform colors, void of any evidence of deterioration. B. Property failing to meet the standards in Paragraph A will be considered "deficient. " A blighting influence on the surrounding neighborhood in violation of this code exists when a deficiency or combination of deficiencies represents more than twenty five percent (25%) of the area of any wall or roof or paved surface as viewed from any single vantage point off the property. C. Except as herein provided, the entire yard where exposed to public view must landscaped. Height shall conform with all applicable Village ordinances. Play areas, gardens, flower beds, driveways, walks, etc. , not intended to have vegetative cover should be clearly defined and maintained free of uncultivated growth. Yards not utilizing vegetative cover must utilize a material that meets all Village codes, and such material must be maintained free of uncultivated growth. Property not meeting these standards will be considered deficient. A blighting influence on the surrounding neighborhood in violation of this section will exist if more than thirty-three percent (33%) of the yard area visible from any single vantage point off the property is deficient. Sec. Color The color of all buildings, dwellings and other structures within the Village must be consistent with the community character of the Village of Tequesta. Colors must be compatible with the buildings and structures with which they are visually related and may not be visually excessively dissimilar to the color of other buildings or structures within two hundred (200) feet in all directions. Fluorescent colors are prohibited. A. Principal building color Principal building color refers to the predominant color application to all walls of the principal building and associated accessory structures. Only one principal building color may be used on each structure. A second color may be used to accent architectural features and/or trim. B. Trim color Trim constitutes an important part of a building or structure. Trim color refers to the color application to any or all building trim elements such as eaves, soffits, overhangs, cornices, friezes, fascias, windows, sills, brackets, and gutters. Trim colors must be consistent with or complimentary to the principal building color. Care should be exercised in selecting a trim color that will not overpower or dominate the building or structure. Sec. . Appearance of exterior of premises. The exterior of buildings and structures shall be maintained so that their appearance shall not constitute a blighting factor upon adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood, including but not limited to the following: 1. Premises shall be kept landscaped and maintained, and lawns, hedges and bushes shall be kept trimmed or maintained. 2. All landscaped areas within the Village shall be maintained to keep all landscaping alive and in its living condition. 3. Painted buildings or structures shall not be allowed to deteriorate or peel to the degree that the deterioration or peeling is visible from any single vantage point off the property. 4. All buildings, structures and walls exposed to public view shall be kept in a good state of repair. Sec. General maintenance. The exterior of every building or structure shall be maintained in a good state of repair and all surfaces thereof shall be painted or whitewashed where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of graffiti, broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. . Sec. Responsibilities of Owners and Operators. The owner of a structure shall be responsible for maintaining the minimum standards required by this chapter. Specifically, the owner and or operator is responsible: 1. For keeping all parts of the premises under his control in a clean and safe condition, and preventing any acts which would render other parts of the premises unclean, unsanitary or unsafe or which would obstruct the owner/operator from performing any duty required by this chapter. 2 . For eliminating infestation of pests in and on the premises subject to his control. 3. For maintaining all plumbing fixtures in a clean and sanitary condition and preventing the deposit of any material in any fixture or sewer which would result in stoppage of or damage to the fixtures or sewer system. Sec. . Inspection. A. The Tequesta Code Enforcement Department, through its code inspectors, is hereby authorized to inspect from time to time all dwellings, hotels, rooming houses and commercial, industrial and institutional structures that are subject to the minimum property standards of this chapter. When a code inspector is required to enter onto private premises to make an inspection, he/she shall do so with the consent of the owner, operator, lessee or occupant. In the event that consent to enter the premises is withheld, the code inspector may make application to the proper court for an order allowing access to the premises. B. Inspection of all buildings or structures shall be made during reasonable hours. If the Director has cause to believe an immediate threat exists to the health, welfare or safety of persons in or about any building or structure, he may direct that an inspection be made at anytime. " SECTION 3. Each and every other provision of Chapter 6, Buildings and Building Regulations, of the Code of Ordinances of the Village of Tequesta shall remain in full force and effect as previously enacted. Section 4. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7. ' EffectiverDate. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered ' by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION 1 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1995. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\13153ORD\MINIMUM.ORD