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45-85 ORDINANCE NO. 45-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS AND CONSTRUCTION" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING ARTICLE XIII, "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS", AND ENACT- ING A NEW ARTICLE XIII, "ELIMINATION OR REPAIR OF UNSAFE BUILDINGS"; PROVIDING APPLICABLE CODES; PROVIDING THAT THIS ARTICLE SHALL BE CONSTRUED AS BEING REMEDIAL; PROVIDING DEFINITIONS INCLUDING THE STANDARDS FOR AN UNSAFE BUILDING; DESIGNATING AN ENFORCEMENT OFFICER; PROVIDING FOR THE NONLIABILITY OF ENFORCEMENT PER- SONNEL; AUTHORIZING INSPECTIONS, INITIATING ABATEMENT; REQUIRING THE MAINTENANCE OF EXISTING BUILDINGS; PROVIDING PROCEDURES FOR DECLARING BUILDINGS UNSAFE INCLUDING NOTICE REQUIREMENTS; REQUIRING THE POSTING OF PREMISES TO BE VACATED; PROVIDING FOR THE RECORDING OF THE NOTICE OF UNSAFE BUILDING WHERE REPAIRS ARE NOT MADE IN ACCORDANCE WITH THE REQUIREMENTS OF THE BUILDING OFFICIAL; PROVIDING STANDARDS FOR DETERMINING THE APPROPRIATE ACTION TO BE TAKEN BY THE BUILDING OFFICIAL; PROVIDING STANDARDS FOR COMPLIANCE WITH CURRENT BUILDING AND FIRE CODES; PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS ARTICLE; PROVIDING THAT THE REMEDIES AND PROCEDURES OF THIS SECTION ARE NOT EXCLUSIVE; DESIGNATING THE BOARD OF CONSTRUCTION APPEALS TO MAKE THE FINAL INTERPRETATION OF THE PROVISIONS OF THIS ARTICLE; REQUIRING THE BOARD TO KEEP DETAILED RECORDS OF ITS PROCEEDINGS; PROVIDING PROCEDURES FOR THE BOARD; SETTING FORTH THE CRITERIA FOR APPEALING TO THE BOARD OF CONSTRUCTION APPEALS; DECLARING THAT FAILURE TO ATTEND THE BOARD HEARING SHALL CONSTITUTE A WAIVER OF THE RIGHT TO APPEAL; SETTING FORTH THE SCOPE OF THE HEARINGS; STAYING THE ORDER OF THE BUILDING OFFICIAL OTHER THAN THE NOTICE TO VACATE DURING THE PENDENCY OF AN APPEAL; PROVIDING RULES OF PROCEDURE BEFORE THE BOARD FOR AN APPEAL; PROVIDING GUIDELINES FOR IMPLEMENTING A FINAL ORDER OF THE BUILDING OFFICIAL OR THE BOARD OF CONSTRUCTION APPEALS INCLUDING PROCEDURES FOR ORDERING THE DEMOLI- TION OR VACATION OF THE BUILDING; PROVIDING FOR THE RECOVERY OF COST OF ABATING THE UNSAFE CONDITION INCLUDING THE ASSESSMENT OF A LIEN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 9, "Buildings and Construction", Article XIII, "Elimination or repair of unsafe buildings~, of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby repealed. Section 2. That Chapter 9, "Buildings and Construction", of the Code of Ordinances of the City of Delray Beach, Florida, be amended by enacting a new Article XIII, "Elimination or repair of unsafe buildings" to read as follows: ARTICLE XIII. ELIMINATION OR REPAIR OF UNSAFE BUILDING. Sec. 9-461. Application of article. (A) Except as such are inconsistent with the provisions of this article, all building codes and building requirements adopted by this Chapter as well as those codes adopted in Chapter 11, "Fire Protection and Prevention", Article II, "Fire Prevention", hereby adopted and incorporated as fully as if set forth at length herein and the provisions therein shall be controlling in the use, maintenance, and occupancy of all buildings and structures within the jurisdiction of the City of Delray Beach. Amendments to any of the above codes or code sections which are adopted by the city shall be considered amendments hereto. (B) This article shall apply to all unsafe buildings and structures, as herein defined and shall apply equally to new and existing conditions. To the extent that the provisions of this article are inconsistent with any codes adopted herein and any ordinances pertaining to the elimination or repair of unsafe buildings, this article shall supersede such codes and ordinances. Sec. 9-462. Article remedial. This article is hereby declared to be remedial and shall be construed to secure the beneficial integests and purposes thereof which are public safety, health and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises. Sec. 9-463. Definitions. For the purpose of this article, certain abbreviations, terms, phrases, words and their derivatives shall be construed as set forth in this section. Words not defined herein shall have the meanings stated in the Standard Building Code, Standard Mechan- ical Code, Standard Plumbing Code, Standard Gas Code, or Standard Fire Prevention Code, as said codes have been amended by the city. (1) Applicable governing body means the city. (2) Approved means approved by the building official. (3) Building means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind which has enclos- ing walls for fifty percent (50%) or more of its perimeter or any structure with a roof. The term "building" shall be construed as if followed by the words "or part thereof." For the purpose of this article each portion of a building separated from other portions by a fire wall shall be considered as a separate building. Building shall also include a structure which at one time qualified as a building or a structure which was partially constructed in a manner such that it would have qualified as a building if completed as determined by the building official under this definition but which has been damaged so that it no longer has enclosing wails for fifty percent (50%) of its perimeter. (4) Building official is the chief building official who is charged with the administration and enforcement of this article, or the duly authorized representative(s) of the chief building official. (5) Codes: Wherever reference is made in this article to any code, the meaning will be that conveyed by the particular code as amended by the city. (6) Cost of alterations or repairs means the estimated cost of repairs or alterations if done by a professional contractor, duly licensed to effect such repairs or alterations, as determined by the building official using generally accepted practices for estimating such cost; provided that the building official may delegate such estimation to a person determined by him to be qualified to estimate such cost. 2 ORD. NO. 45-85 (7) Department means the building department charged with the enforcement of this article. (8) Fire official or inspector means the person designated by the chief of the fire department as an inspector pursuant to section 11-20, "Establish- ment, duties of bureau of fire prevention". (9) Legally cognizable interest shall refer to the interest of an owner, tenant, and a person or entity having a recorded lien on the subject real property as shown by a title search conducted within fifteen (15) days prior to the date notices are sent. (10) Office of the recorder is the Recorder of Deeds of the County of Palm Beach, Florida. (11) Owner is any person, agent, firm or corporation having a fee simple legal or equitable interest in the property. (12) Structure is that which is built or constructed. (13) Unsafe building means any building or structure that has any of the following conditions, such that the life, health, property or safety of the general public, its occupant(s), or others are endangered: (a) Whenever 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. (b) Whenever any means of egress or portion thereof, such as but not limited to, fire doors, closing devices, or fire resistance ratings, are in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic. (c) Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load, exceeds the working stresses allowed in the Standard Building Code for new buildings. (d) Whenever a building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum require- ment established by the Standard Building Code for new buildings. (e) Whenever any exterior appendages or portion of a building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Standard Building Code for new buildings. (f) Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used. (g) Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. (h) Whenever any building, structure or portion thereof has been con- structed or maintained in violation of a specific requirement of the Standard Codes or of the city. (i) Whenever any building, structure or portion thereof is in such a condition as to constitute a public nuisance. 3 ORD. NO. 45-85 (j) Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which con- stitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsoles- cence or abandonment. (k) Whenever a requirement necessary for the strength or stability of an existing or proposed building or structure, or for the safety or health of the occupants thereof, not specifically covered by this article, as determined by the building official, in accord with the standards set forth herein and in the Codes adopted by reference in section 9-463, is determined to be lacking or deficient. (14) Valuation or value, as applied to a building means the assessed value of the structure as determined by the Palm Beach County Tax Assessor. Sec. 9-464. Enforcement officer designated. The provisions of this article shall be enforced by the building official. The building official may call upon the fire official to aid in the enforcement of the provisions of this article. Sec. 9-465~ Liability of enforcement personnel. Any officer or employee, or member of a board, charged with the enforcement of this article acting for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this article shall be defended by the city attorney or special counsel retained by the city council, until the final termination of the proceedings, providing the individuals acted within the scope of his/her authority. Sec. 9-466. Inspection, actions authorized; initiating abatement. The building official, the fire official and other authorized representatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this article. After the building official or his designee has inspected a building, structure or portion thereof and determined such building structure or portion thereof is unsafe he may initial proceedings to abate the unsafe condition. Sec. 9-467. Maintenance. Ail buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Standard Building Code in a building when erected, altered or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings and structures. Sec. 9-468. Procedures in declaration of unsafe building; notice required; contents; service. (A) The building official in con]unction with the city attorney shall cause a title search to be made of the affected property to determine the names of all persons having an interest in the property. The building official shall then prepare and issue a notice of unsafe building directed to the owner of record and all persons having an legally cognizable interest in the building or structure. The notice shall contain, but not be limited to, the following information as shown by a title search and all known tenants: 4 ORD. NO. 45-85 (1) The street address and legal description of the building, structure or premise, as disclosed by the title search. (2) A statement indicating that the building or structure has been declared unsafe by the building official, and a detailed report documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this article. (3) The action required to be taken as determined by the building official. (a) Under section 9-471 the notice shall require that all necessary permits be secured and the work commenced within sixty (60) days and continued to completion within such time as the building official determines. The notice shall also set forth the provisions of section 9-472 of this article. (b) If the building or structure is to be vacated, the notice shall indicate the time within which vacation is to be completed. (c) If emergency action was taken by the building official under section 9-471(4), the notice shall state the emergency action taken and any costs incurred. (4) The notice shall also state what action shall be taken in by the city in the event that repairs are not made in accordance with the directions of the building official. The building official may in such a case bring the matter before the Code Enforcement Board and/or order the building to be vacated or demolished in accordance with standards of 9-471. (5) A statement advising that any person having a legally cognizable interest in the property may appeal the finding of the building official to the board of construction appeals and that such appeal shall be in writing in the form specified in section 9-477 and shall be filed with the building official within thirty (30) days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an administrative hearing. (B) The notice and all attachments thereto shall be served upon the owner(s) of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the building official to serve any person herein required to be served other than the owner(s) of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him. (C) The notice shall be served either personally or by a dual service of certified or registered mail, return receipt requested, and postage paid first class mail to each person required to receive notice at the address as it appears on the official public records or such other address as is known by the building official to be the address of the record owner(s). 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. Notice to tenants shall be by posting the premises. The failure of any person to receive notice, other than the owner(s) of record, shall not invalidate any proceedings under this article. 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. Where notice is not received by certified or registered mail or personally, the notice shall be effective the date of first class mailing as described herein. (D) Proof of service of the notice shall be by written declaration indicating the date, time and manner in which service was made (and signed by the person served where applicable), or by the return receipt when notice is served by certified or registered mail. Refusal of the recipient of service to sign for receipt of service shall 5 ORD. NO. 45-85 not affect proof of service. If service or signing is refused, the person effecting service shall note such on the affidavit. Sec. 9-469. Posting of premises for vacating or demolishing. In addition to the notice requirements of section 9-468(B), every notice to vacate and/or demolish shall be posted at each exit and entrance to the building or structure and shall state: UNSAFE BUILDING DO NOT OCCUPY It shall be a violation of the Code of Ordinances of the City of Delray Beach to occupy this building or to remove or deface this notice. BUILDING OFFICIAL CITY OF DELRAY BEACH, FLORIDA Such notice shall remain posted until the required repairs are made or demoli- tion is completed. It shall be unlawful for any person, firm or corporation or their agents 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 same. Sec. 9-470. Recording of notice. If the remedial action required under section 9-468 is not complied with nor an appeal filed within the allotted time, the building official shall file in the Public Records of Palm Beach County an affidavit describing the property and certifying that the building or structure is unsafe and that the owner(s) of record has been served. A copy of such affidavit shall be served either personally or by first class mail, postage prepaid, to each person entitled to notice in accordance with the provisions of Section 9-468. This affidavit shall remain on file until such time as the conditions rendering the building or structure unsafe have been abated. At such time, the building official shall file a new affidavit indicating that corrective action has been taken and the building or structure is no longer unsafe as a result of those conditions specified in the subject notice served pursuant to section 9-468. Sec. 9-471. Standards for determining action to be taken by building official. The following action shall be taken by the building official when ordering the repair, vacation or demolition of an unsafe building or structure: (1) The building shall be ordered repaired in accordance with Section 9-475 or may be demolished at the option of the owner. (2) If the building or structure poses an immediate hazard to life or to the safety of the occupants or users thereof, or the public, or if occupied to the property of others, it shall be ordered vacated. Additionally where the building is not repaired in the time permitted, it may be ordered vacated to protect the public or the occupant(s). (3) The building may be ordered demolished when the condition of the structure is sufficiently unsanitary or unsafe so the building has been or may be ordered vacated, and where the required repairs have not been made within the time permitted by the notice or by the order of the Board of Construction Appeals, and where the continued existence of the structure poses a hazard to the health or safety of the public. If the 6 ORD. NO. 45-85 building is to be demolished in accordance with this subsection, the City may proceed under sections 9-482 and 9-483 without further appeal. (4) In certain cases where the chief building official, based upon his own experience and knowledge, or upon the advice of fire officials may determine that an immediate peril exists and that certain preventative action must be taken immediately and without notice to prevent injury or destruction of property, the building official may order preventative actions which may include but shall not be limited to immediately vacating the property or erecting barricades, and the city may assess the costs of such an action as a lien upon the property in accordance with this article. An appeal based upon this emergency action is proper as to any costs incurred under section 9-477. Sec. 9-472. Requirements for alterations, additions or repairs. (A) Subject to the provisions in part (C), alteration, repair or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of this code, provided that the alteration, repair or rehabilitation work conforms to the requirement of the code for new construction. However, if an existing building is damaged by fire or otherwise requires repairs in excess of fifty percent (50%) of its assessed value, the entire building shall be made to conform to the current building and zoning regulations for new buildings. Additionally, any structure containing a non-conforming use must comply with zoning regulations if the required repairs exceed ten percent (10%) of the assessed value of the structure. (B) Additions to existing buildings must be made in conformity with current building codes. However, the existing structure need not be modified to comply with current building codes except where the addition involves the replacement or recon- struction of materials in the original structure or otherwise affects the safety or materials in the original structure. Any reconstruction or materials to be repaired shall conform with current building codes. (C) Whenever more than twenty-five percent (25%) of the roof covering is replaced within a twelve month period the entire roof covering shall be made to conform with the requirements of the code for new buildings. (D) Repairs, alterations, and additions may not be made so as to extend or increase an existing non-conformity or hazard. Sec. 9-473. Violations, penalties; providing for independent judicial proceeding. Any person or his agent, who shall violate a provision of this article or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or shall have erected, constructed, altered, repaired, moved or demolished a building or structure in violation of a detailed statement or drawing submitted and approved pursuant to the authority of the building official or the board of construction appeals, may be prosecuted and punished in accor- dance with section 1-6 or Chapter 2, "Administration", Article VI, ~Codes Enforce- ment'', of this Code. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation as provided herein is committed or continued. The administration may alternatively seek enforcement in a court of competent jurisdiction. All remedies and procedures in this article are not exclusive and shall not prevent the city from instigating an independent legal action in a court of competent jurisdiction. Sec. 9-474. Board of construction appeals to make final interpretations. The board of construction appeals of the city shall make the final interpre- tations of the provisions of this article. 7 ORD. NO. 45-85 Sec. 9-475. Records of board. The secretary of the board of construction appeals shall make a detailed record of its proceedings relating to the elimination or repair of unsafe buildings, which shall set forth the reasons for its decisions, the vote of each member participating therein, the absence of a member and any failure of a member to vote. Sec. 9-476. Procedures of board; meetings; conflict of interest. The board of construction appeals shall adopt rules and regulations for its own procedures not inconsistent with the provisions of this article. The board shall hear an appeal under this article within thirty (30) days after notice of such has been received. Appeals may be continued or postponed by stipulation of the parties or by order of the board or chairperson. A member of the board of construction appeals shall not act in a case in which he has a personal interest. Sec. 9-477. Appeals authorized; form. (A) Any person entitled to service in accordance with the provisions of section 9-468 may appeal any action of the building official under this article to the board of construction appeals. The request for an appeal must contain at least the following information: (1) Identification of the building or structure concerned by street address or legal description. (2) A statement identifying the legal interest of each appellant. (3) A statement identifying the specific order or section being appealed. (4) A statement detailing the issues on which the appellant desires to be heard. (5) The legal signature of all appellants and their official mailing address. (B) Upon receipt of an appeal, the board shall as soon as practicable fix a date, time and location for the hearing of the appeal. The hearing date shall not be more than thirty (30) days from the date the appeal was filed with the building official. (C) Waiver of Appeal. All appeals must be filed within thirty (30) days from the date of service of the notice. Failure to appeal within that time period shall consti- tute a waiver and shall make the decision of the building official a final order. Sec. 9-478. Failure to appear at hearing. Failure of any person to appear at the hearing set by the board without leave of the board of construction appeals shall constitute a waiver of his right to an administrative hearing on the notice, provided that the board of construction appeals may, for good cause shown, excuse such failure. Sec. 9-479. Scope of hearing. The hearing shall offer the appellant reasonable opportunity to be heard on only those specific matters or issues raised by the appellant in his appeal. Other persons having a legally cognizable interest in the property may be heard, at the board's discretion, on only those matters or issues raised by the appellant on his appeal and only to the extent that they affect the legally cognizable right of the person seeking to intervene in the appeal. 8 ORD. NO. 45-85 The appellant or other person with a legally cognizable interest may appear at the hearing in person or through his attorney or other designated representative. The board in hearing appeals under this article shall determine whether the decision(s) of the building official as to the unsafe condition of the structure and/or the remedial action required, is appropriate under the guidelines of this article and with regard to emergency actions as permitted in section 9-471(4) whether the costs incurred were reasonably related to the action required. Sec. 9-480. Staying of notice under appeal. Except for a vacation order issued in accordance with section 9-473(2), enforcement of any notice issued by the building official under the provisions of this article shall be held in abeyance during the appeal period as well as the course of an appeal. In the event that vacation was ordered pursuant to section 9-473(2), the building official shall certify in writing as soon as practicable after notice of appeal has been filed that, in his opinion, a stay of enforcement of an order to vacate issued pursuant to section 9-471(2),. would cause imminent peril to the life or safety of natural persons, or the property of persons other than the appellant. The certification shall set forth in detail those conditions causing such peril. An appellant desiring to challenge the vacation ordered may request an emergency hearing. Said hearing shall be held within seventy-two (72) hours of the appellant's request. Sec. 9-481. Rules of procedure for hearing appeals. (A) REPORTING: (1) A permanent record shall be made of all hearings and proceedings. The method of recording shall be designated by the board. (2) A transcript of the proceedings of all hearings shall, upon payment of the prescribed fees, be made available to any person on request. (B) REASONABLE DISPATCH. The board shall proceed with reasonable dispatch to conclude any matter before it, with due regard to the convenience and necessity of the parties involved. (C) FORM OF NOTICE: (1) The hearing notice shall include but not be limited to the following information: (a) The date, time, and place of the hearing; (b) The legal description or address of the subject property; (c) A statement that persons may be represented by counsel; and, (d) A statement that appellants may present all relevant testimony. (2) The hearing notice shall be served personally or mailed as required in section 9-468 at least fifteen (15) days prior to the hearing date. (D) PROCEDURES FOR HEARING: (1) The board may grant continuance for good cause. (2) When the hearing is scheduled, the board shall: (a) Hear from the city administration as to: (i) The notice given and all attachments thereto. 9 ORD. NO. 45-85 (ii) Proof of service of notice on the owner of record and any person determined from the official public records to have a legal interest in the property. (iii) Time of posting the order to vacate, if any, and location of notice on the building or structure. (iv) The particulars of the defects and conditions determined to have rendered the building or structure unsafe under the provision of this article, with photographs. (v) The recommended corrective action to be taken with costs of such action and the reasons for the recommendation. (vi) Corrective action, if any, undertaken. (b) Hear from other interested parties present (in accordance with section 9-479). (3) Evidence. (a) The hearing shall not be required to be conducted in accor- dance with the technical rules relating to evidence and testi- mony. (b) In any proceedings under this article any member of the board or shall have the power to administer oaths and affirmations and to certify official acts. (c)Oral evidence shall be taken only on oath or affirmation. (d) Hearsay evidence may be used for the purpose of supplement- ing or explaining any direct evidence. The further use of hearsay evidence shall be limited to that which would be admissible in civil court. (e) Relevant evidence shall be admitted if it is the type on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil courts. (4) Inspections. The board may inspect any building, structure or premise involved in the appeal during the course of the hearing, provided the following are complied with: (a) Notice of such inspection is given to the parties prior to making the inspection, and (b) The parties are allowed to be present during the inspection, and (c) The inspector shall state for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom. (5) Board member not hearing evidence. When an appeal is heard before the board itself, any member who did not hear the evidence presented shall not vote or take part in the decision. (6) The board may be provided independent counsel to advise it during the course of an appeal. (E) DECISION OF THE BOARD. The board if requested, shall determine whether the finding of the building official that the building is unsafe is proper under the guidelines of this article, and whether the corrective action required is necessary to render the building safe under the guidelines of this article. In cases where demoli- tion can be required, if the ordered repairs are not made, the board shall, if requested, determine whether the continued existence of the unrepalred structure presents a threat to the health, safety or welfare of the public such that demolition is proper. The board may uphold the determination of the building official, may send the matter back for further investigation and review by the building official, or may make a finding that the condition complained of by the building official does not render the building unsafe within the guidelines of this article, and/or that the corrective action 10 ORD. NO. 45-85 required by the building official is beyond what is required under this article to render the building safe during an extension period granted. The board shall issue its decision within fifteen (15) days of the conclusion of the hearing. The decision shall be in writing and shall set forth the evidence pre- sented and the findings of the board. The effective date of the board's final decision shall be the date of the decision. The board may only grant one extension of the time specified for making repairs and that extension may not exceed ninety (90) days. The board may require the appellant to take actions to ensure the safety of the public or occupants. (F) RECOURSE. If the appellant or the city is aggrieved by the decision of the board, nothing in this article shall be construed to deprive him or the city of seeking redress in a court of competent jurisdiction. Said appeal must be filed within thirty (30) days from the effective date of the board's final decision and shall consti- tute a stay of any enforcement by the building official, except any order to vacate which was unappealed or upheld by the board. Sec. 9-482. Implementation. (A) Failure to respond. Any person who, after the order of the building official or the decision of the board becomes final, fails or refuses to act in accord with the direction of such order shall be in violation of this article and may be prosecuted as provided in Chapter 2, "Administration", Article VI, "Code Enforcement", or section 1-6 of this Code of Ordinances or the City may seek relief through a court of competent jurisdiction. (B) Additionally, where persons fail to comply with the final order of building official or the board of construction appeals, the building official may require the building to be vacated or demolished as provided in 9-471. In such cases, the building official shall send a notice to all persons who are to receive notice under 9-468 stating: (1) That the building or structure had been determined to be unsafe by a final order of the (building official, board of construction appeals). (2) That compliance was not effected as required. (3) That all persons having a legally cognizable interest have been notified that the failure to make the required repairs might result in an order to vacate and/or demolish the building. (4) That the building may be vacated at this time, if it had not already been vacated. (5) In appropriate cases, advising that the building shall be demolished, and stating the date of demolition. (Fifteen (15) days' notice of demolition must be given excepting cases of immediate peril. ) (6) That costs of effecting compliance shall be charged against the property. (C) The building official shall also execute an affidavit to be included with the notice of demolition which shall state that the continued existence of the structure creates a danger to the health, safety or welfare of the public, the reasons therefor, and the factual support for those reasons. (D) The cost of effecting compliance, including the cost of demolition shall be a charge against the property as provided in section 9-483 of this article. (E) Any monies received from the sale of real property pursuant to foreclosure of a lien or from over and above the cost incurred in abating the unsafe condition under this article, shall be paid to the owner of record or other persons lawfully entitled thereto. 11 ORD. NO. 45-85 (F) EXtension of time. The building official shall have the authority to approve one or more extensions of time which he determines to be reasonably required to complete the repairs or demolition. The extensions shall only be granted where the building official determines that a good faith effort is being made to correct the unsafe condition, and that the extensions will not unreasonably endanger the public. (G) Interference. No person shall obstruct or interfere with the implementation of any action required by the final notice of the building official or the board. Any person found interfering or obstructing such actions shall be in violation of this article and shall be prosecuted as provided in Chapter 2, "Administration", Article VI, "Codes Enforcement" or in section 1-6 of this Code of Ordinances. (H) 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 board shall be performed in an expeditious and workmanlike manner in accordance with the require- ments of this article and all other applicable codes and accepted engineering practice standards. Sec. 9-483. Recovery of cost of demolition; liens. (A) Whenever any person fails or refuses to respond to or comply with the order of the building official or the board or if the building official is required to take emergency actions as described in section 9-471(4), and compliance with the provisions of this article or said order is effected by the city, the city administration is hereby authorized and directed to keep an accurate account of all expenses incurred, and based upon same issue a certificate determining and certifying the reasonable cost involved for such work with respect to each parcel of property. The city adminis- tration is also authorized to add to such costs a ten percent (10%) administrative charge to cover the expense of administering the work performed, overhead and other contin- gent expenses. (B) As soon as possible after the abatement action has been completed, and except in cases where compliance is enforced through the code enforcement board, the cost shall be reported by the city manager to the city council. Thereupon the city council shall, by resolution, assess such cost against the parcel. Such resolution shall describe the land and show the cost against the parcel. Such resolution shall describe the land and show the cost of or effecting compliance, whether by demolition and removal or otherwise, actually incurred by the city with reference thereto and the ten percent (10%) administrative expenses. The assessment shall also include costs of collection and reasonable attorney fees, and the assessments shall be legal, valid and binding obligations against the subject property. The resolution shall become effective thirty (30) days from the date of adoption, and the assessment contained therein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment, after which interest shall accrue at the rate of six percent (6%) per annum on any unpaid portion. (C) The city clerk shall send a notice of the assessment resolution, along with a copy of the resolution, to the last known address of those persons, other than tenants, entitled to notice under section 9-468(A). Delivery shalI be personal or by certified mall, postage prepaid, return receipt requested. In the event that such assessment remains unpaid after thirty (30) days of the sending of such notice, the city clerk shall cause to be recorded in the Official Records of Palm Beach County, Florida, against those properties for which payment in full has not been received an affidavit certifying: (1) that a resolution assessing such costs to the subject property was passed by the city council, (2) the amount remaining unpaid, (3) the date such resolution was passed and the number of such resolution, (4) that the assessment remains unpaid as of the date of the affidavit, (5) that interest in the amount of six percent (6%) of the unpaid balance shall accrue, and (6) that the affidavit is recorded by the city clerk pursuant to Chapter 9, Article XIII, "Elimination or Repair of Unsafe Buildings", of the Code of Ordinances of the City of Delray Beach. In the event payment in full with interest accrued is received, the city clerk shall cause a satisfaction for such to be recorded. Said notice of the assessment resolution shall be in substantially the following form where there has been an appeal to the board of construction appeals: 12 ORD. NO. 45-85 NOTICE OF ASSESSMENT Date TO: ADDRESS: PROPERTY: You, as the record owner of, or holder of an interest in, the above-described property are hereby advised that a cost of by resolution of the City Council of the City of Delray Beach, Florida, dated , 19 , has been levied against the above-described property. The costs were incurred as a result of a nuisance abatement action regarding the above-described property. You were given written notice on that the building official has determined that a building located on the aboVe-described property was unsafe. You were advised in that notice of the action to be taken to remedy that unsafe condition and of the time within which the remedial action was required to be taken. You failed to appeal the decision of the building official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining appeal. You have also failed to take the corrective action required by the notice of the building official. You appealed the decision of the building official to the Board of Construction Appeals. You were given written notification on that the decision of the building official was and that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above-described property on at a cost of which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost shall be recorded on the Official Records of Palm Beach County, Florida against the above-described property. Copy of all notices referred to in this notice are available in the office of the building official. BY ORDER OF THE CITY COUNCIL. City Clerk (D) Such assessments together with interest shall be enforceable by the city as provided by the general and special laws of the state. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent juris- diction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 13 ORD. NO. 45-85 Section 4. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 14th day of May , 198__5. MAYOR i -~ ATTEST: City ~tCl'er k First Reading Apr±l 22t 1985 Second Reading May 14, 1985 14 ORD. NO. 45-85