§ 8-2. International Property Maintenance Code.

(a)

The town council hereby adopts the 2009 International Property Maintenance Code, as published by the International Code Council, and as amended and supplemented from time to time, with some local modifications, which are reflected in this section as the town's property maintenance code and the governing law relative to structures and premises in the town.

(b)

Chapter 1 of the 2009 edition of the International Property Maintenance Code (IPMC), as amended and supplemented from time to time, is modified by the town as follows:

International Property Maintenance Code — any reference to code official anywhere in the code shall be read as code enforcement officer .

Subsection 101.1 "Title" is amended to read as follows: These regulations shall be known as the Property Maintenance Code of the Town of Lake Hamilton, hereinafter referred to as "this code."

Subsection 102.3 "Application of other codes" is amended to read as follows: Repairs, additions, or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the current Florida Building Code. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Town of Lake Hamilton Land Development Regulations.

Section 103 is entitled "Code Enforcement."

Subsection 103.1 shall read as follows:

General. The office of code enforcement is hereby created and the person in charge thereof shall be known as the code enforcement officer, who shall be the code official as that term may be used in this section.

Subsection 103.2 shall read as follows:

Appointment. The code enforcement officer shall be appointed by the town council.

Subsection 103.3 is deleted.

Subsection 103.5 "Fees" is amended to read as follows: The fee for activities and services performed by the town in carrying out its responsibilities under this code shall be as established from time to time by resolution of the town council. This fee shall be in addition to any fines imposed by the code enforcement board or a special master.

Subsection 104.3 "Right of entry" is amended to read as follows: Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code enforcement officer or his designee has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code enforcement officer or his designee is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code; provided that if such structure or premises is occupied the code enforcement officer or his designee shall present credentials to occupant and request entry. If such structure or premises is unoccupied, the code enforcement officer or his designee shall first make a reasonable effort to locate the owner or the person having charge or control of the structure or premises and request entry. If entry is refused, the code enforcement officer or his designee shall have recourse to the remedies provided by law to secure entry. In cases of emergency or exigent circumstances or when the code enforcement officer or his designee believes extreme hazards exist, the code enforcement officer or his designee may enter the structure or premises at any time.

Subsection 106.3 "Prosecution of violation" is amended to read as follows: Any person failing to comply with a notice of violation or order served in accordance with section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code enforcement officer or his designee shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be assessed against the property.

Subsection 106.4 "Violation penalties" is amended to read as follows: Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted as set forth in F.S. ch. 162 and section 1-8 of the Code of Ordinances of the Town of Lake Hamilton.

Subsection 107.2 "Form" is amended to read as follows:

Such notice prescribed in section 107.1 shall be in accordance with all of the following:

1.

Be in writing.

2.

Include a description of the real estate sufficient for identification.

3.

Include a statement of the violation or violations and why the notice is being issued.

4.

Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.

5.

Inform the property owner that he may obtain a hearing before the code enforcement board on the limited issue of whether the determination of the code enforcement officer that there has been a violation of this code.

6.

Inform the owner of the right to appeal.

7.

Include a statement that all costs and expenses incurred by the town in connection with the demolition and not timely paid by the property owner will be assessed against the property, and inform the property owner of the town's right to file a lien against the property.

Subsection 107.5 "Penalties" is amended to read as follows: Penalties for noncompliance with orders and notices shall be as set forth in section 106.4, in F.S. ch. 162 and in accordance with any other applicable and available civil and criminal penalties.

All of the subsections in section 111 "Means of Appeal" (111.1—111.8) are deleted and replaced by the following:

111.1 Application for Appeal. Any person directly affected by a decision of the code enforcement officer or his designee or a notice or order issued under this code shall have the right to appeal to the code enforcement board or to a special master, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. Appeal of any decision of the code enforcement board or a special master will be to the Tenth Judicial Circuit Court of Florida.

Subsection 112.4 "Failure to comply" is amended to read as follows: Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250.00 or more than $500.00.

(c)

Chapter 3 of the 2009 edition of the IPMC, as amended and supplemented from time to time, is modified by the town as follows:

Subsection 302.4 "Weeds" is amended to read as follows: All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with section 106.3 or any other applicable code provision. Upon failure to comply with the notice of violation, any duly authorized employee of the town or contractor hired by the town shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and all the reasonable costs of such removal shall be paid by the owner or agent responsible for the property.

Subsection 304.14 "Insect screens" is amended to read as follows: 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 tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.

(d)

Chapter 6 of the 2009 edition of the IPMC, as amended and supplemented from time to time, is modified by the town as follows:

Subsection 602.3 "Heat supply" is amended to read as follows: Every owner and operator of any building who rents, leases or lets one or more dwellings units, rooming units, dormitories or guestrooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period of December 1 to March 1 to maintain a temperature of 65;deg;F (18;deg;C) in all habitable rooms, bathrooms, and toilet rooms.

Subsection 602.4 "Occupiable workspaces" is amended to read as follows: Indoor occupiable workspaces shall be supplied with heat during the period from December 1 to March 1 to maintain a temperature of not less than 65;deg;F (18;deg;C) during the period the spaces are occupied.

(Ord. No. 2011-04, §§ 1—3, 6-7-2011)