Town of Zolfo Springs, FL
Hardee County
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Table of Contents
Table of Contents
[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:
105 INTERPRETATION OF THIS CODE
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.
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:
302 NOTICE
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.
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:
CHAPTER 4
ENFORCEMENT
4.1.
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.
4.2.
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.
4.3.
This chapter is subject to enforcement as a civil infraction pursuant to Chapter 8, Code Enforcement, of the Code of the Town of Zolfo Springs.[1]
4.4.
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See Ch. 8, Code Enforcement.
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.
[1]
Editor's Note: See Ch. 8, Code Enforcement.