[HISTORY: Adopted by the Town Council of the Town of Zolfo Springs 9-8-2003
by Ord. No. 2003-06. Amendments noted where applicable.]
This chapter shall be known as the "Unsafe Building Ordinance."
It is the purpose and intent of the Town Council of Zolfo Springs, Florida,
to a establish a program of regulation of unsafe housing to protect the public
from injuries and property damage which the Council finds can occur due to
lack of maintenance of buildings, storm-blown debris, and entry into the premises
by children and others. It is the purpose and intent of the Council to eliminate
the blighting influences caused by such buildings and the detracting effect
such unsafe and deteriorating buildings have on the property value of others
and to the character of the Town in general. It is the purpose and intent
of the Town to incorporate the most recent version of the Standard Unsafe
Building Abatement Code, and implement the provisions therein, except for
certain administrative modifications provided herein.
The Town hereby adopts the Standard Unsafe Building Abatement Code,
currently in its 1985 edition, as published and amended from time to time
by the Southern Building Code Congress International, Inc. (hereinafter the
"code"), with the exception of Chapters 4, 5 and 7 and §§ 105
and 302, as provided herein.
A.
Section 105. Section 105 of the code, "Board of Adjustment
and Appeal," is hereby deleted from the adopted code, and the following shall
be inserted in its place:
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105 INTERPRETATION OF THIS CODE
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Final interpretation of this code shall be made by the Code Enforcement
Board (either the Town's or other government's pursuant to interlocal agreement),
Special Master, or state court of competent jurisdiction, the choice of which
shall be solely the Town's.
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B.
Section 302. Section 302 of the code, "Notice," is hereby
deleted from the adopted code, and the following shall be inserted in its
place:
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302 NOTICE
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The building official shall prepare and issue a notice of unsafe building
directed to the owner of record of the building or structure. The notice and
procedures for effecting notice shall comply with F.S. Ch. 162 as an ordinance
violation.
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C.
Chapters 4, 5 and 7 deleted and replaced by Chapter 162
and other lawful alternatives. Chapters 4, 5 and 7 of the code are deleted
in their entirety, and the following Chapter 4 shall be inserted in their
place:
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CHAPTER 4
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ENFORCEMENT
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4.1.
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The provisions of this code shall be enforced pursuant to Town code
enforcement ordinances, F.S. Ch. 162, or any other lawful alternatives, including,
without limitation, declaratory relief and temporary and permanent mandatory
and prohibitory injunctions through action in a court of competent jurisdiction.
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4.2.
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The Town shall be entitled to, and shall seek compensation for, any
costs of repair or demolition, as well as attorney fees and costs, including
appellate fees and costs, pursuant to the provisions of Chapter 162 and any
other statutes or applicable law.
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4.3.
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4.4.
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In addition to administrative and civil penalties provided by law and
Town code enforcement ordinances,[2] willful violation of this chapter shall be a misdemeanor, punishable
by imprisonment for up to 60 days.
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All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict. Code enforcement ordinances[1] shall not be deemed in conflict but shall be deemed amended by
this chapter to incorporate the enforcement and fines included in this chapter
to the extent that such amendment is lawful.
