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Palm Springs |
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Code of Ordinances |
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Chapter 10. BUILDINGS AND BUILDING REGULATIONS |
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Article I. IN GENERAL |
§ 10-29. Abatement of unsafe buildings.
(a)
Purpose. This section is hereby declared to be remedial in nature. The purpose of this section is to secure the public health, safety and welfare by ensuring that all buildings and structures within the village are structurally sound and that such premises provide adequate egress, sanitation, light and ventilation for the protection of life and property and are free from fire and other hazards incidental to their construction, alteration, use and occupancy.
(b)
Scope. The provisions of this section shall apply to all unsafe buildings and structures, as herein defined, and shall apply equally to new and existing conditions.
(c)
Definitions.
Building. Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. The term building, as used herein, shall include any building, structure, or portion thereof.
Interested parties. Interested parties mean the owner, as determined by the records of the Palm Beach County Tax Collector, the occupant of the building, and any other person or entity having a legal or equitable interest in the building, including but not limited to, any mortgage holders, judgment holders or other lien holders of record.
Unsafe building. An unsafe building means any building that endangers the life, health, property or safety of the general public and has any of the following conditions:
(1)
Any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic.
(2)
Any means of egress or portion thereof, such as but not limited to fire doors, closing devices and fire resistive ratings, is in disrepair or in a dilapidated or non-working condition such that the means of egress could be rendered unsafe in case of fire or panic.
(3)
The stress in any material, member, or portion thereof, due to all imposed loads, including dead loads, exceeds the working stresses allowed in the Florida Building Code for new buildings, which was in effect at the time of the issuance of the certificate of occupancy or completion.
(4)
A building thereof has been damaged to the extent that the structural integrity of the building is less than it was prior to the damage and is less than the minimum requirement established by the Florida Building Code for new buildings, which was in effect at the time of the issuance of the certificate of occupancy or completion.
(5)
Any exterior appendage or portion of a building is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Florida Building Code for new buildings, which was in effect at the time of the issuance of the certificate of occupancy or completion.
(6)
Any building is manifestly unsafe for any reason or is unsanitary for the purpose for which it is being used.
(7)
Any building as a result of decay, deterioration or dilapidation, is likely to fully or partially collapse.
(8)
Any building that has been constructed or maintained in violation of a specific requirement of the Florida Building Code or of a village, county or state law.
(9)
Any building is in such a condition as to constitute a public nuisance.
(10)
Any building is unsafe, unsanitary, or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to the existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.
(11)
Any building which lacks illumination, ventilation or sanitary facilities adequate to protect the health or safety of the occupants or the public.
(d)
Enforcement. The provisions of this section shall be enforced by the building official unless otherwise stated herein.
(e)
Right of entry for inspection.
(1)
The building official or his/her authorized designee, in accordance with the provisions of this subsection, may enter any building or premises at all reasonable times to make an inspection or enforce any of the provisions of this section. In cases of emergencies or exigent circumstances where extreme hazards are known to exist, the building official may enter the building at any time.
(2)
When attempting to enter a building that is occupied, the building official or his/her authorized designee shall first identify him or herself, display proper credentials and request entry. If the building is unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge of the building and request entry. If entry is refused, or if the owner or other persons having charge of an unoccupied building cannot be located, the building official shall have recourse to every remedy provided by law to secure entry, including but not limited to, an inspection warrant.
(3)
When the building official or his/her authorized designee shall have obtained permission to enter, secured an inspection warrant, or obtained another remedy provided by law to secure entry, no person shall fail, after proper credentials are displayed, to promptly permit entry into the building by the building official or his/her authorized designee for the purpose of inspection and examination pursuant to this section. Any person violating this section may be prosecuted within the limits of the law.
(f)
Inspection. The building official shall inspect, or cause to be inspected, any building which is or may be unsafe. After the building official has inspected or caused to be inspected a building and has determined that such building is unsafe, he/she shall initiate proceedings to cause the abatement of the unsafe condition by repair, vacation or demolition, or any combination thereof.
(g)
Emergency action. If the building official or designee finds that a building is likely to fully or partially collapse, posing an immediate hazard to life or to the safety of the general public, the building shall be deemed an emergency and ordered demolished immediately by the building official by affidavit attesting to the unsafe condition and by letter of authorization by the village manager. Prior to such demolition, notice shall be given to the owner of record and to any other interested party by hand delivery or, if hand delivery is not reasonably possible, by posting the property and by mailing the notice by regular mail and certified mail, return receipt requested. Proof of posting and mailing shall be by affidavit of the person posting and mailing the notice, which affidavit shall include a copy of the notice posted and mailed and the date of mailing and the date and places of its posting. Notice so posted may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail. In any event, such notice shall include the affidavit of the building official and shall give the owner of the property five business days to deliver a written request for a hearing to the building official. Notice shall be deemed received upon hand delivery or, if not hand delivered, upon the date the return receipt was signed. If the notice could not be hand delivered and the signed return receipt is not received within ten days of mailing, the notice shall be deemed received ten days after it is first posted.
(h)
Written notice of violation. Whenever the building official has determined that such building is unsafe, the building official shall prepare a written notice of violation to the owner of record and all interested parties as follows:
(1)
The notice of violation shall contain, but not be limited to, the following or substantially similar information:
a.
The street address and legal description or property control number of the property on which the unsafe building is located.
b.
A statement indicating the building has been declared unsafe by the building official and a summary of the conditions that led to the building official's determination.
c.
A statement advising that if the following required action as determined by the building official is not commenced within or completed by the time specified, the building will be ordered vacated and posted to prevent further occupancy until the work is completed.
1.
If the building is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within 30 days and continued to completion within such time as the building official determines.
2.
If the building is to be vacated, the notice shall indicate the time within which vacation is to be completed.
3.
If the building is to be demolished, the notice shall require that all required permits for demolition be secured and that the demolition be completed within such time as determined reasonable by the building official.
d.
State that if the building is not brought into compliance in accordance with the notice or a hearing is not timely requested, a notice of pending administrative action may be recorded in the public records.
e.
State that the building official may cause the work to be done and after such repair, reconstruction, alteration, removal or demolition by or on behalf of the building official, the village may record a special assessment lien against the owner in accordance with this section to recover the costs incurred by the village in performing the work.
f.
State that if the property owner or other interested party wishes to: (1) contest in whole or in part the material allegations in the notice; (2) assert that the time period as set forth in the notice poses an undue hardship; (3) assert that the true intent and meaning of the code has been misconstrued or misinterpreted; or (4) make any other argument, the parties have a right to a hearing. Any request for a hearing must be made in writing and received by the building official or designee within 15 days after the notice of violation is received, as described in subsection (i) below, or the right to hearing is waived.
(2)
If the building is not brought into compliance in accordance with the notice or a hearing is not timely requested, a notice of pending administrative action shall be recorded with the county clerk of court and shall be served upon the property owner and other interested party as indicated below and contain the name of the property owner, the specific violations of the Village Code that are applicable to the property, the property address and legal description. This notice shall remain until such time as the conditions rendering the building unsafe have been abated. At such time, the building official shall file a new notice indicating that corrective action has been taken and the building is no longer unsafe based upon the previously noticed conditions.
(i)
Service of notice of violation and notice of pending administrative action. The notice shall be served either personally or by certified mail, postage pre-paid, return receipt requested, to each owner at the address as it appears in the official public records and to all other known interested parties. If addresses are not available on any person required to be served the notice, the notice addressed to such person shall be mailed to the address of the building or structure involved in the proceedings. The failure of any person to receive proper notice as described herein, other than the owner of record, shall not invalidate any proceedings under this section. Service by certified or registered mail as herein described shall be effective on the date the notice was received as indicated on the return receipt. In the event the certified mail is unclaimed or refused or the return receipt is not otherwise returned within 21 days of mailing or there is no mailing address for an interested party, the notice shall be posted at the property and village hall for ten days; the notice shall be re-sent by first class mail documented by a properly executed proof of mailing and posting or affidavit confirming the first class mailing and posting; and a notice of condemnation shall be published once a week for four consecutive weeks in a newspaper of general circulation within the village. For properties that are published and posted, the notice shall be deemed received the day the notice was last published or ten days after the notice was first posted, whichever is later. Notice by publication and posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as set forth above. Evidence that an attempt has been made to hand deliver or mail notice as provided above, together with proof of publication and posting as provided above, shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the owner or interested party actually received such notice.
(j)
Placard posted. In addition to complying with the above, a notice shall be posted at each exit and entrance to the building or structure and shall essentially state:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. PURSUANT TO VILLAGE OF PALM SPRINGS CODE SECTION 10-29(J), IT IS UNLAWFUL FOR ANY PERSON TO ENTER, OCCUPY OR RESIDE IN THIS BUILDING AND VIOLATORS WILL BE SUBJECT TO ARREST BY LAW ENFORCEMENT OFFICERS.
Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person to remove such notice without written permission of the building official, or for any person to enter the building except for the purpose of making the required repairs or of demolishing the same. Any violation of this provision shall be prosecuted as a misdemeanor of the second degree and punished by a fine of not more than $500.00 and/or imprisonment in the county jail for not more than 60 days. Each day of violation shall be considered a separate offense.
(k)
Hearing.
(1)
The village council shall appoint a special magistrate to conduct all hearings contemplated by this section. In the alternative, the special magistrate appointed to hear code enforcement hearings may be used to conduct these administrative hearings. The special magistrate shall serve at the pleasure of the village council and may be removed by the village council at any time, with or without cause.
(2)
Any interested party entitled to notice may request a hearing before the special magistrate. Such request must be made in writing and received by the building official within 15 days from the date of service along with any required filing fee and must contain, at a minimum, the following:
a.
Identification of the building by street address;
b.
Legal interest of the person requesting the hearing;
c.
Statement identifying the order or Code section being challenged;
d.
Statement detailing the issues on which he or she desires to be heard; and
e.
The legal signature of the person requesting the hearing, his or her telephone number and mailing address.
Upon timely receipt of the written request, the building official or designee shall schedule a hearing before the special magistrate as soon as is practical. Written notice of the date, time and location of the hearing shall be delivered personally or mailed certified mail, return receipt requested, to the interested party requesting the hearing, or to his or her attorney of record, at the address provided on the written request for hearing.
(3)
A hearing before the special magistrate shall offer the property owner and other interested parties a reasonable opportunity to be heard on any matter or issue that is relevant to the proceeding. The property owner or interested parties may appear at the hearing in person or through an attorney or other designated representative. Failure of any person to appear at any hearing scheduled in accordance with this section shall constitute a waiver of that person's right to a hearing.
(4)
The special magistrate may obtain the issuance and service of subpoenas for the attendance of witnesses or the production of evidence at the hearings. Subpoenas may be issued by the special magistrate at the request of any party involved in the hearing.
(5)
All testimony shall be under oath and shall be recorded. The formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(l)
Implementation.
(1)
If no hearing is timely requested as set forth above, the building official may take action to repair or reconstruct the building or to cause the building to be boarded and secured or to cause the building to be removed or demolished if required by the notice, or any combination thereof.
(2)
If a hearing is requested, and the special magistrate determines:
a.
That the condition exists as set forth in the notice of violation, and that the remedial action required in the notice has not been voluntarily completed by the property owner, or other legally interested party, the special magistrate shall issue a written order authorizing the building official to vacate, board and secure, repair or reconstruct the building or to cause the building to be removed or demolished, or any combination thereof. After this order is entered, the building official shall record in the public records, the notice of pending administrative action in accordance with subsection (h)(2) above.
b.
That the condition, as set forth in the notice of violation does not exist or has been corrected as required by the notice of violation, the notice of violation shall be dismissed by written order of the Special Magistrate.
(3)
The building official may, upon written request of the property owner, grant an extension of time as the building official may determine to be reasonable to complete the required remedial action. If the extensions of time, in total, exceed 120 days, the special magistrate, without further public hearing, must also approve the extension for it to be effective.
(m)
Appeal. An aggrieved party, including the village, may appeal a final order of the special magistrate by filing a petition for writ of certiorari with the circuit court. Said appeal must be filed within 30 days from the effective date of the special magistrate's written order.
(n)
Interference. No person shall obstruct or interfere with the implementation of any action required by the final notice of the building official or the special magistrate. Any person found interfering or obstructing such actions shall be prosecuted to the extent provided for by law.
(o)
Performance of work. The repair or demolition of an unsafe building as required in the notice by the building official or the final decision by the special magistrate shall be performed in an expeditious and workmanlike manner in accordance with the requirements of the Village Code and all other applicable codes and accepted engineering practice standards.
(p)
Recovery of costs.
(1)
Whenever a building or structure is boarded and secured, repaired or demolished in accordance with the provisions of this code and the cost of such boarding and securing, repair or demolition is borne by the village, all costs incurred by the village, including but not limited to, the cost incurred in the compliance of the unsafe building, searching of the public records or title work to determine the record owners and interested parties in serving the notice as specified above, costs of publication and the costs of service and postage, and any other cost or fee attributable to the unsafe building, shall be assessed to the owner of the affected land or premises and shall become a lien against such land or premises as provided in this section.
(2)
The building official shall certify the costs borne by the village, as described above, and shall serve such invoice upon the property owner by regular mail. This invoice is a demand for payment from the property owner.
(q)
Lien created.
(1)
If the owner fails to make payment within 30 days from the date of the demand for payment, the amount of the certified costs shall be reported to the village council in the form of a resolution assessing the costs against the real property upon which such costs were incurred, as a special assessment equal in rank and dignity with taxes and other non-ad valorem assessments and superior in dignity to all other liens, mortgages, judgments, encumbrances, titles, and claims, until paid. Such assessment shall be recorded in the public records.
(2)
Said assessment shall bear interest at the current legal rate of interest per annum as provided by law and shall constitute a lien upon the land from the date of the assessment and shall be collectible in the same manner as liens for taxes and special assessments and with the same attorney's fee, penalties for default in payment, and under the same provisions as to sale and forfeiture.
(3)
Collection of such assessments, with such interest and with a reasonable attorney's fee, may also be made by the village council by proceedings in a court of competent jurisdiction to foreclose the lien of the assessment in the manner in which a lien for mortgages is foreclosed under the laws of the state and it shall be lawful to join in any complaint for foreclosure any one or more lots or parcels of land, by whomever owned, if assessed under the provisions of this section.
(4)
Property subject to lien may be redeemed at any time prior to sale by its owner by paying the total amount due under the corresponding assessment lien including interest, court costs, advertising costs and reasonable attorney's fees.
(5)
The village may choose to use the uniform method to collect such non-ad valorem assessments as authorized under F.S. § 197.3632, as amended from time to time, or in the same manner as assessments for other nuisances as set forth in this chapter.
(r)
Authority to expend funds. Nothing contained herein shall require the village council to appropriate or expend any funds to carry out the purpose of this section. The authority granted herein is permissive and shall not be construed to impose an obligation on the building official or the village to condemn any building or structure.
(s)
Emergency powers. Nothing herein precludes exercise of emergency powers otherwise available in the face of imminent threat to public safety.
(t)
Provisions supplemental and in addition to other powers. The provisions of this section shall not be deemed to repeal or modify any village ordinance or provision of the Village Code relating to the condemning of buildings and structures but the provisions herein shall be supplemental and in addition to the powers that may be exercised by the village council, its officers and employees.
(Ord. No. 2014-41, § 2, 1-18-2015)