82-94 ORDINANCE NO. 82-94
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ARTICLE 7.8,
"UNSAFE BUILDINGS OR STRUCTURES", IN ITS ENTIRETY,
AND ENACTING A NEW ARTICLE 7.8, "UNSAFE BUILDINGS OR
STRUCTURES", TO PROVIDE FOR RULES AND REGULATIONS
CONCERNING THE PROTECTION OF CITIZENS FROM UNSAFE
BUILDINGS OR STRUCTURES; ESTABLISHING REQUIREMENTS
AND PROCEDURES; PROVIDING A SAVINGS CLAUSE, GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach enacted
the Land Development Regulations on September 25, 1990; and
WHEREAS, as part of the adoption of the Land Development
Regulations, Chapter 165 was repealed and Article 7.8 was enacted; and
WHEREAS, the current Article 7.8 contains references to Chapter 165
which need to be revised; and
WHEREAS, certain procedures and notice requirements regarding
unsafe buildings are required to be adopted.
NOW, THEREFORE, be it ordained by the City Commission of the City
of Delray Beach as follows:
Section 1. That Article 7.8, "Unsafe Buildings or Structures", of
the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, is hereby repealed in its entirety, and a new Article
7.8, "Unsafe Buildings or Structures", is hereby enacted to read as
follows:
7.8.1 APPLICATION.
(A) Except as inconsistent with the provisions of this
chapter, all building codes and building requirements adopted by
this title as well as those codes adopted in Section 96.16, are
hereby adopted and incorporated as fully as if set out 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. Amendments to any of the above codes
or c~de sections which are adopted by the city shall be considered
amendments hereto.
(B) This chapter shall apply to all unsafe buildings and
structures, as defined in Section 7.8.2 of this chapter and shall
apply equally to new and existing conditions. To the extent that
the provisions of this chapter are inconsistent with any codes
adopted herein and any ordinances pertaining to the elimination or
repair of unsafe buildings, this chapter shall supersede those
codes and ordinances.
7.8.2 DEFINITIONS
(A) For the purpose of this chapter, the following defini-
tions shall apply unless the context clearly indicates or requires
a different meaning.
(B) Words not defined herein shall have the meanings stated
in the Standard Building Code, Standard Mechanical Code, Standard
Plumbing Code, Standard Gas Code, Standard Fire Codes (as adopted
in 96.16), as those codes have been adopted and/or amended by the
city or other applicable codes duly adopted and/or amended by the
city.
"APPLICABLE GOVERNING BODY." The City of Delray Beach.
"APPROVED." Approved by the Chief Building Official or his
designee.
"BUILDING." Any structure built for the support, shelter, or
enclosure of persons, animals, chattels, or property of any kind
which has enclosing walls for 50% or more of its perimeter. The
term "BUILDING" shall be construed as if followed by the words "or
parts thereof." For the purpose of this chapter, 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 was partially constructed in a manner such that
it would have qualified as a "BUILDING" if completed but which has
been damaged or left incomplete so that it no longer has enclosing
walls for 50% of its perimeter.
"BUILDING OFFICIAL." The Chief Building Official who is
charged with the administration and enforcement of this chapter, or
the duly authorized designee of the Chief Building Official.
"CODES." Wherever reference is made in this chapter to any
code, the meaning will be that conveyed by that particular code as
amended by the city or if not specifically named, to the codes
mentioned in section 7.8.2(B) above.
"COST OF ALTERATIONS OR REPAIRS." The estimated cost of
repairs or alterations if done by a professional contractor, duly
licensed and hired to effect those repairs or alterations, as
determined by the Chief Building Official or his designee using
generally accepted practices for estimating cost.
2 Ord. No. 82-94
"~". The Community Improvement Department charged
with the enforcement of this chapter.
"~". In a state of decay or disrepair due to a
lack of maintenance and upkeep; deteriorated due to lack of adherence
to standard codes.
"FIRE OFFICIAL OR INSPECTOR". Building Inspectors, Fire
Inspectors, Code Enforcement Officers, Engineers, etc., employed by
the City and whose regular job functions include inspecting buildings,
structures, properties, etc.
"LEGALLY COGNIZABLE INTEREST". The interest of an owner,
tenant, person or entity having a recorded lien on the subject real
property as shown by a title search conducted within thirty (30) days
prior to the date of Notice of Unsafe Building/Structure.
"QFFICE OF THE RECORDER". The Recorder of deeds of a
county.
"OWNER". Any person, agent, firm or corporation having a
fee simple legal or equitable interest in the property.
"STRUCTURE" Anything which is built, erected or
Constructed. This definition includes, among other things, docks,
dolphins, piers, boat lifts, fences, posts, buildings (see above),
walls, pilings, signs, canopies, tents, stairs, stoops, awnings,
slabs, asphalt or concrete driveways, poles, septic tanks, and other
items as determined by the Chief Building Official.
"UNSAFE BUILDING OR STRUCTURE". Any building or structure
that has any of the following conditione, such that the life, health,
property or safety of the general public, building or structure
occupants, or any others are endangered:
(1) Whenever any means of egress or required egress or
portion thereof is blocked, partially blocked, not of adequate size or
not arranged or provided to provide a safe and unobstructed path of
travel to the outside in case of fire or panic.
(2) Whenever required fire doors, fire protection
equipment, means of egress, closing devices, or fire resistance rating
materials are in disrepair, in a dilapidated or nonworking condition
or installed incorrectly or are inadequate.
(3) Whenever the stress in any member of a building or
structure or portion thereof, due to all imposed loads, including dead
load, exceeds the working stress allowed in the Standard Building Code
for new buildings.
- 3 - Ord. No. 82-94
(4) Whenever a building, structure, or portion thereof
has been damaged by fire, flood, earthquake, wind, or any other
cause to the extent that the structural integrity of the building
or structure is less than it was prior to the damage and is less
than the minimum requirement established by the Standard Building
Code for new buildings.
(5) Whenever any exterior appendage 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.
(6) Whenever, for any reason, a building, structure, or
portion thereof is in a dilapidated condition due to lack of
maintenance or is manifestly unsafe or unsanitary for the purpose
for which it is actually being used or for the purpose for which it
was designed to be used.
(7) Whenever any building, structure, or portion
thereof, as a result of decay, deterioration, dilapidation or any
other reason is likely to fully or partially collapse.
(8) Whenever any building, structure, or portion thereof
has been constructed or maintained in violation of a specific
requirement of the standard codes of the city.
(9) Whenever any building, structure, or portion thereof
is in a condition as to constitute a public nuisance such as, but
not limited to, being left open and unattended, or being abandoned
by its owners, or lacks security to prevent.entry, or is without
operational, electrical, water or sewer service, or lacks security
to prevent entry or is left partially complete, but not guarded or
not adequately guarded against unauthorized entry.
(10) Whenever any building, structure, or portion thereof
is unsafe, unsanitary, not provided with adequate egress, or which
constitutes a fire or health 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, obsolescence, or abandonment.
(11) Whenever a requirement is lacking and which is
necessary for the strength or stability of an existing or proposed
building or structure, or for the safety or health of the occupants
thereof, such as, but not limited to, hot and cold water supply and
electricity, and even if not specifically covered by this chapter
or other codes, as deter~ined by the Chief Building Official, in
accord with the standards set forth herein.
4 Ord. No. 82-94
7.8.3 MAINTENANCE OF BUILDINGS OR STRUCTURES REQUIRED;
RESPONSIBILITY.
All buildings or structures, both existing and new, and all
parts thereof, including all materials, fixtures or appliances
installed therein shall be maintained in a safe, secure and
sanitary condition. All policies, procedures, requirements and
safeguards which are required by the Standard Building Code, Life
Safety Code, Fire Prevention Code or Standard Housing Code and/or
any other applicable codes adopted by the City, or as may be
amended from time to time, in a building when erected, altered,
repaired, moved or occupied, shall be maintained in good working
order. The owner, or his designated agent, shall be responsible
for the maintenance of buildings and structures.
7.8.4 REQUIREMENTS FOR ALTERATIONS, ADDITIONS, OR REPAIRS.
(A) Subject to the provisions of Paragraph (C) of this
subsection, alteration, repair, or rehabilitation work may be made
to an existing building or structure without requiring the entire
building or structure to comply with all the requirements of this
code, provided that the alteration, repair, or rehabilitation work
conforms to the requirements of the code for new construction.
However, if an existing building or structure is damaged by fire or
otherwise requires repairs in excess of 50% of its replacement cost
as proven by independent appraisal, the entire building or
structure shall be made to conform to all current codes and Land
Development Regulations for new buildings and current land use
regulations. Additionally, any buildings or structure containing a
nonconforming use must comply with current Land Development
Regulations if required repairs exceed 10% of the replacement cost
of the structure or building as determined as noted above.
(B) Additions to existing buildings must be made in con-
formity with current codes. However, existing buildings or
structures need not be modified to comply with current codes except
where the addition involves replacement or reconstruction of
materials in the original 'structure or otherwise affects the safety
or materials in the original structure. Any reconstruction or
replacement materials or related repairs shall conform with current
codes.
-(C) Whenever more than 25% of a roof covering is replaced
within a 12 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 nonconformity or hazard.
5 Ord. No.82-94
7.8.5 CHAPTER REMEDIAL.
This chapter is declared to be remedial and shall be construed
to secure the beneficial interests and purposes thereof which are
public safety, health, and general welfare through structural
strength, stability, security, maintenance, sanitation, adequate
light and ventilation, electrical power, hot and cold water
supplies and safety to life and property from fire, health and
other hazards incident to the construction, security, moving,
alteration, repair, removal, demolition, use, and occupancy of bui-
ldings or structures.
7.8.6 ENFORCEMENT OFFICER DESIGNATED.
The provisions of this chapter shall be enforced by the Chief
Building Official and/or his designee. The Chief Building Official
or his designee may utilize the Fire Department, Code Enforcement
Division, Environmental Services, etc. to aid in the enforcement of
the provisions of this chapter.
7.8.7 LIABILITY OF ENFORCEMENT PERSONNEL.
Any officer or employee, or member of a board, charged with
the enforcement of this chapter acting for the city in the
discharge of their duties, shall not thereby render themselves
personally liable, and are 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 their
duties. Any suit brought against any officer or employee because
of an act performed in the enforcement of any provision of this
chapter shall be defended by the City Attorney or Special Counsel
retained by the City Commission, until the final termination of the
proceedings, providing the individual acted within the scope of his
authority.
7.8.8 AUTHORITY TO MAKE INSPECTIONS; INITIATING ABATEMENT.
(A) The Chief Building Official or his designee, Building
Inspectors, Code Enforcement Officers, Fire Department Officials,
etc. are authorized to make any inspections and recommend any
actions to the Chief Building Official or his designee as may be
required to enforce the provisions of this chapter.
(B) After the Chief Building Official or his designee has
determined that a building, structure, or portion thereof is
unsafe, he may initiate proceedings to abate the unsafe conditions.
6 Ord. No.82-94
7.8.9 INVESTIGATION; NOTICE.
(A) The Chief Building Official or his designee 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 Chief
Building Official or his designee shall then prepare and issue a
Notice of Unsafe Building/Structure directed to the owner of record
and all persons having a legal interest in the property, including
all known tenants. The notice shall contain, but not be limited
to, the following information:
(1) The street address and legal description of the
building, structure, or premise, as disclosed by the title search
and/or County or City records.
(2) A statement indicating that the building or
structure has been declared unsafe by the Chief Building Official
or his designee and a detailed report documenting the conditions
determined to have rendered the building or structure or portion
thereof unsafe under the provisions of this chapter.
(3) The action required to be taken as determined by the
Chief Building Official or his designee.
(a) The notice shall require that all necessary
permits be secured and the repair work be commenced within 60 days
from the date of service of the Notice of Unsafe Building/
Structure, and continued to completion within 6 months from the
date the permits are available for issuance. The notice shall also
set forth the provisions of Section 7.8.4 of this chapter.
(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 Chief
Building Official or his designee pursuant to 7.8.12(C), the notice
shall state the emergency action taken and any costs incurred.
(4) The notice shall state what action shall be taken by
the city in the event that repairs are not made in accordance with
the directions in the Notice of Unsafe Building/Structure. The
Chief Building Official or his designee may in that case bring the
matter before the Code Enforcement Board or order the building to
be vacated and demolished or boarded up in accordance with the
standards set forth in Section 7.8.12 of this chapter.
(5) A statement advising that any person having a legal
interest in the property may appeal the finding of the Chief
Building Official or his designee to the Board of Construction
Appeals and that the appeal shall be in writing in the form
7 Ord. No. 82-94
specified in Sections 7.8.14 and 7.8.16 of this chapter, and must
be received by the Chief Building Official or his designee no later
than thirty (30) days from the date of service of the Notice of
Unsafe Building/Structure and that failure to deliver an appeal in
the correct form in the time specified will constitute a waiver of
all rights to an administrative hearing.
(B) The Notice of Unsafe Building/Structure and all attach-
ments thereto shall be served upon the owners of record and posted
on the property in conspicuous locations. A copy of the Notice and
all attachments thereto shall also be served on any person deter-
mined from a title search to have a legal interest in the property.
(C) The Notice of Unsafe Building/Structure shall be served
either personally or by 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 in official public records as disclosed by a title search
and a review of County tax roll records or any other address as is
known by the Chief Building Official or his designee to be the
address of those required to receive service or address of those
authorized to receive service. If addresses are not available for
any persons, firms, companies, corporations, etc. required to be
served, except owners of record, after reasonable efforts are made
to determine such address(es), the notice to those persons, firms,
companies, corporations, etc. shall be mailed by first class mail
to the address of the building or structure involved in the
proceedings. Notice to tenants shall be by posting the premises
and shall be effective on the date of such posting. The failure of
any person to receive notice, other than the owner(s) of record,
shall not invalidate any proceedings under this chapter. Service
by certified or registered mail, return receipt, 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 above. In those cases
where the address of the actual owner(s) of record can not be
determined after reasonable efforts are made to locate such
address(es), notice to such owner(s) of record may be given by one
advertisement of a "Notice of Unsafe Building/Structure" in a
newspaper of general circulation in the county where the affected
building or structure is located. In the case of advertisement of
a Notice of Unsafe Building/Structure, the service date shall be
the publication date.
7.8.10 POSTING OF PREMISES FOR VACATING OR DEMOLISHING.
(A) In addition to the above notice requirements, Unsafe
Building/Structure notices shall be posted at or near each exit
8 Ord. No. 82-94
and/or entrance to the effected building or structure and shall
contain:
UNSAFE BUILDING/STRUCTURE DO NOT ENTER OR OCCUPY
It is a violation of Land Development Regulations of the City
of Delray Beach to enter or occupy this building/structure or to
remove or deface this notice without written permission from the
Chief Building Official.
The notice shall be signed and dated by the Chief Building
Official or his designee.
(B) This notice shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful
for any person, firm, or corporation or their agents to remove the
notice or to enter or occupy this building/structure without prior
written permission of the Chief Building Official or his designee.
7.8.11 RECORDING OF AFFIDAVIT I, AFFIDAVIT III.
If the remedial action required under Section 7.8.12 of this
chapter is not commenced within 60 days from the date of service of
the Notice of Unsafe Building/Structure on the owner of record, the
Chief Building Official or his designee shall file in the public
records of the county Affidavit I describing the property and
certifying that the building or structure is unsafe and that the
owner of record has been served. This affidavit shall remain on
file until the conditiohs rendering the building or structure
unsafe have been abated or corrected and inspected by the Chief
Building Official or his designee. When the unsafe conditions are
abated or corrected and inspected, the Chief Building Official or
his designee shall file Affidavit III in the public records
indicating that the building or structure is no longer unsafe as a
result of those conditions specified in the subject notice pursuant
to Section 7.8.12 of this chapter.
7.8.12 STANDARDS FOR DETERMINING ACTION TO BE TAKEN BY BUILDING
OFFICIAL.
The following actions shall be taken by the Chief Building
Official or his designee when ordering the repair, vacation,
demolition or boarding up of an unsafe building or structure or
portion thereof:
(A) If the building or structure poses an immediate hazard to
the life or to the safety of the occupant or user thereof, or to
the neighborhood, or to the public, or to the property of others,
it shall be ordered immediately vacated. Additionally, where.the
building is not repaired in the time permitted, it will be ordered
9 Ord. No. 82-94
vacated and demolished, in accordance with the general guidelines
in this section.
(B) The building or structure will be ordered demolished when
the condition of the building structure or portion thereof is
sufficiently unsanitary, unsafe, unsecure, unguarded or detrimental
to neighboring properties due to lack of completion, upkeep or
exterior maintenance and where the required repairs are not
performed within the time prescribed in the Notice of Unsafe
Building/Structure or by 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 or the occupants or
users of the effected building or to the property of others. This
applies even if the building is secured against entry and where the
building is sufficiently damaged, unsound, unsafe, unsanitary or
detrimental to property values in the vicinity due to incomplete
condition or lack of maintenance and upkeep.
(C) In certain cases where the Chief Building Official or his
designee, based upon his own experience and knowledge, or upon the
advice of fire officials, determines that an immediate peril exists
and that certain preventative action must be taken immediately
without notice or .title search to prevent injury to occupants,
neighbors or the public or destruction of the property of neighbors
or the public, the Chief Building Official or his designee may
order immediate preventative actions which may include, but shall
not be limited to, vacating the property, demolition, erecting
fences or other barricades, boarding up, ordering the disconnection
of power and water supplies and the City may assess the costs of
such action as a lien upon the property in accordance with this
chapter. In the aforementioned cases, a Notice of Unsafe
Building/Structure shall be served after preventative action is
taken in the same manner as when action is taken after service. An
appeal to the Board of Construction Appeals based upon an emergency
action is proper only as it relates to costs incurred by the City,
providing such appeal is received in the form prescribed by
Sections 7.8.9, 7.8.14, and 7.8.16, and is received by the Chief
Building Official no later than 30 days after service of the Notice
of Unsafe Building/Structure.
(D) The Chief Building Official or his designee shall have
the authority to approve one extension of time to complete repairs
to m~ke a building or structure safe or to complete demolition.
Such extension shall not exceed 60 days from the original
expiration date for repair or demolition. The extension shall only
be granted where the Chief Building Official or his designee
determines that a good faith effort is being made to correct the
unsafe condition, and that the extension will not unreasonably end-
anger the public. The building official may require that premises
10 Ord. No. 82-94
be guarded by fencing, barricading or other means until all repairs
are made or demolition is completed.
7.8.13 PROCEDURAL MATTERS, BOARD OF CONSTRUCTION APPEALS.
(A) COMPOSITION.
The Board of Construction Appeals shall consist of nine
members appointed by the City Commission. The membership shall be
comprised of two general contractors, one master plumber, one
architect, one master electrician, one air conditioning contractor,
one sign contractor, one real estate broker or insurance agent, and
one professional engineer.
(B) .QUALIFICATIONS.
Ail members shall reside in or have their principal
place of business in the city. All members shall have actual previous
experience in their respective trade or profession deemed sufficient
by the City Commission.
(C) TERMS OF OFFICE; REMOVAL; VACANCIES.
The members of the initial Board of Construction
APpeals shall serve for the following terms: Three members for one
year, three members for two years, and three members for three years.
As the terms of the initial board members expire, the City Commission
shall appoint a member to fill each vacancy for a term of two years.
Any member of the Board of Construction Appeals may be removed from
office by a majority vote of the Commission. Any vacancy occurring
during the unexpired term of office of any Board member should be
filled by the City Commission for the unexpired term within 60 days
after the vacancy occurs; provided further, that no member may serve
more than two successive terms on this Board.
(D) ORGANIZATION, RECORDS.
(1) The Board of Construction Appeals shall elect a
Chairperson and Vice-Chairperson and other officers as may be
necessary from among its members. Terms of all officers shall be for
one year.
(2) The Chief Building Official shall serve as
secretary to the Board but shall have no vote. The secretary shall
make a record of all proceedings of the Board. The Chief Building
Official shall be permitted to designate a staff member to serve in
his stead.
11 Ord. No. 82-94
(3) If a person or persons decide(s) to appeal to a
court of competent jurisdiction any decision made by the Board of
Construction Appeals, with respect to any matter considered before
the Board, such person (s) will need a record of the proceedings,
and for such purpose, such person(s) may need to ensure that a
verbatim record or transcription of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based. The City does not provide such a verbatim record or
transcription.
(E) MEETINGS; QUORUM, VOTE REQUIRED.
(1) The Board of Construction Appeals shall hold not
less than four regular meetings each fiscal year.
(2) Meetings shall be called by the Chairperson of the
Board and in his absence by the Vice-Chairperson of the Board. The
secretary of the Board may also call meetings of his own volition.
(3) All minutes of Board meetings shall be public
records except those portions which are of a confidential nature.
All minutes and records of the Board shall be kept in the office of
the Chief Building Official, or in another location as the Chief
Building Official may designate.
(4) Five voting members of the Board shall constitute a
quorum at any meeting. No action of the Board shall be taken on
any matter except upon the concurring vote of not less than five
members of the Board.
(F) COMPENSATION.
Members of the Board -of Construction Appeals shall serve
without compensation but shall be entitled to reimbursement for
necessary expenses incurred in the performance of their official
duties upon approval by the Commission.
(G) PROMULGATING RULES, EXAMINING WITNESSES.
The Board of Construction Appeals may make rules and
regulations consistent with the general policies of this
subchapter, as it may deem necessary to carry out the provisions of
this-subchapter, these rules and regulations to be subject to the
approval of the Commission. The Board shall have the power to
subpoena witnesses and administer oaths in accordance with
established law pertaining to the actions.
(H) CONFLICT OF INTEREST.
A member of the Board of Construction Appeals shall not act in
a case in which he has a personal interest.
12 Ord. No. 82-94
7.8.14 APPEALS, GENERALLY; BOARD OF CONSTRUCTION APPEALS.
(A) Appeals to the Board of Construction Appeals may be taken
by any person aggrieved, or by any officer or bureau of the
governing body of the city, affected by any decision of the Chief
Building Official concerning interpretation, administration, or
enforcement of the following provisions of the Land Development
Regulations:
(1) Building Regulations: Article 7.1 except
Sections 7.1.5 through 7.1.7
(2) Gas Code: Article 7.3
(3) Mechanical Code: Article 7.5
(4) Plumbing Code: Article 7.6
(5) Electrical Code: Article 7.2
(6) Housing Code: Article 7.4
(7) Unsafe Building/Structure: Article 7.8
(8) Moving Buildings: Article 7.10
(B) It is the intent of this subchapter that all questions of
interpretation, administration, and enforcement shall first be
presented to the Chief Building Official. Questions shall be
presented to the Board of Construction Appeals only as an appeal of
the Chief Building Official's determination. Appeals shall be
filed in writing via certified U.S. Mail return receipt requested,
and received by the Chief Building Official no later than 30 days
after receipt of a written decision from the Chief Building
Official except as specified in 7.8.9. The form of the appeal is
as specified in 7.8.16. The Chief Building Official shall forth-
with transmit to the Board all papers constituting the record on
which the appeal is based.
7.8.15 DECISIONS, GENERALLY.
In exercising its powers, the Board of Construction Appeals,
so long as the action is in conformity with the terms of existing
ordinances, may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination appealed from
and may make the order, requirement, decision, or determination as
should be made, and to that end shall have powers of the Chief
Building Official from whom the appeal is taken.
13 Ord. No. 82-94
7.8.16 APPEALS, AUTHORIZED FORM.
(A) For all authorized matters other than Unsafe
Building/Structure, any person or persons who have an interest
adversely impacted by the Chief Building Official's decision may
file an appeal.
(B) For Unsafe Building/Structures, any person entitled to
service in accordance with the provisions of Section 7.8.9 may
appeal any action of the Chief Building Official or his designee.
(C) Appeals must be in the form described below:
(1) Identification of the land, and building or
structure by street address and/or legal description, as
appropriate.
(2) A statement identifying the legal interest of the
appellant or the interest of the appellant adversely impacted by
the Chief Building Official's decision.
(3) A statement identifying specific portions or
sections of the Notice of Unsafe Building/Structure or written
decision of the Chief Building Official which are being appealed.
(4) A statement detailing the issues on which the
appellant desires to be heard in relation to (3) above.
(5) The legal signature of the appellant(s) and his
official mailing address(es).
(D) Upon receipt of an appeal, the Board of Construction
Appeals shall fix a date, time, and location for the hearing of the
appeal. The hearing date shall not be more than 30 days from the
date the appeal was received by the Chief Building Official unless
the appellant agrees to a later date or the City demonstrates good
cause.
(E) Waiver of appeal. Ail appeals must be received by the
Chief Building Official no later than 30 days from the date of
service the Notice of Unsafe Building/Structure or 30 days after
receipt of the Chief Building Official's written decision which is
appealed. Failure to appeal within the time period specified shall
constitute a waiver and shall make the decision of the Building
Official a final decision or order.
7.8.17 HEARING; FAILURE TO APPEAR AT HEARING, BOARD OF
CONSTRUCTION APPEALS.
(A) Scope of-hearing.
14 Ord. No. 82-94
(1) The hearin~ shall offer the appellant(s) reasonable
opportunity to be heard on only those specific matters or issues
raised in his written appeal. Other persons having a legally
cognizable interest in the property but who did not register a
written appeal may be heard at the Board of Construction Appeals'
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.
(2) The Chief Building Official or his designee shall
offer relevant testimony to the Board and/or the Chief Building
Official may call others to testify who may offer relevant
testimony.
(3) 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.
(4) The Board, in hearing appeals under this chapter,
shall determine whether the decision of the Chief Building Official
or his designee as to the unsafe condition of the structure or the
remedial action required or his interpretation, administration or
enforcement of relevant matters, as related to those matters raised
by the appellant, is appropriate under the guidelines of this
chapter. With regard to emergency actions, the Board's sole
determination shall be to determine whether the costs incurred were
reasonably related to the action undertaken.
(B) The failure of any person to appear at the hearing set by
the Board of Construction-Appeals without permission from the Board
shall constitute a waiver of his right to an administrative hearing
on the Notice of Unsafe Building/Structure or other matter
appealed. The Board of Construction Appeals may, for good cause
shown, excuse the failure to appear and set a new hearing date.
7.8.18 RULES OF PROCEDURE FOR HEARING APPEALS, BOARD OF CONSTRUC-
TION APPEALS.
(A) Reasonable dispatch. The Board of Construction Appeals
shall proceed with reasonable dispatch to conclude any matter
before it.
(B) Form of Hearing Notice to Appellant(s):
(1) The Hearing Notice shall include, but not be limited
to, the following information:
(a) The date, time, and place of the hearing;
15 Ord. No. 82-94
(b) The legal description and/or address of the
subject property, as applicable;
(c) A statement that persons may be represented by
counsel; and
(d) A statement that appellants may present all
relevant testimony on those issues which they intend to raise in
accordance with their appeal request as addressed to the Chief
Building Official.
(C) Procedures for hearing.
(1) The Hearing Notice shall be served personally or by
certified mail, return receipt requested, at least 7 days prior to
the hearing date unless the appellant waives such requirement.
(2) The Board of Construction Appeals may grant a
continuance for good cause.
(3) When the hearing is scheduled, the Board of
Construction Appeals shall:
(a) Hear from the Chief Building Official or his
designees or others who may offer relevant testimony as to and as
applicable to:
1. The Notice of Unsafe Building/Structure
and all attachments thereto or other matters being appealed.
2. Proof of service of the Notice of Unsafe
Building/Structure on the owner of record and on any person deter-
mined from official public records to have a legal interest in the
property or proof of service or receipt by the appellant(s) of any
other written decision which is being appealed.
3. The time of posting the Notice of Unsafe
Building/Structure, including time to vacate, if any, and the
location of the notices on the building or structure.
4. The particulars of the defects and
conditions determined to have rendered the building or structure or
portion thereof unsafe under the provisions of this chapter, with
photographs as necessary.
5. The recommended corrective actions to be
taken and the reasons for the recommendations.
6. Corrective actions, if any, already
undertaken.
16 Ord. No. 82-94
7. The reasons and bases supporting the
written decision made by the Chief Building Official which is being
appealed.
(b) Hear from other interested parties present in
accordance with requirements of this chapter.
(4) Evidence:
(a) The Hearing before the Board of Construction
Appeals shall not be reqdired to be conducted in accordance with
the technical rules relating to evidence and testimony.
(b) In any proceedings under this chapter any
member of the Board 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
supplementing 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 evidence over objection in civil courts.
(5) The Board of Construction Appeals may inspect any
building, structure or portion thereof involved in the appeal
during the course of the hearing, provided the following are
complied with:
(a) Notice of an inspection is given to the
appellant prior to the inspection;
(b) The appellant is allowed to be present during
the inspection; and
(c) The Board members conducting the inspection
state for the record, upon completion of their inspection, the
conditions observed and any conclusions drawn therefrom.
(6) When an appeal is heard before the Board itself, any
member who does not hear the evidence presented shall not vote or
take part in the decision.
17 Ord. No. 82-94
(7) The Board of Construction Appeals may be provided
independent counsel, including counsel from the City Attorney's
office, to advise it during the course of an appeal hearing.
(D) Decision of the Board.
(1) The Board, if requested, shall determine whether the
finding of the Chief Building Official or his designee that the
building or structure is unsafe is proper under the guidelines of
this chapter, and whether the mandated corrective action is
necessary to render the building safe under the guidelines of this
chapter. In cases where demolition has been ordered if repairs are
not made, the Board shall, if requested, determine that demolition
is proper. The Board may uphold the determination of the Chief
Building Official or his designee, may send the matter back for
further investigation and review by the Chief Building Official or
his designee, or may make a finding that the condition complained
of by the Chief Building Official or his designee does not render
the building unsafe within the guidelines of this chapter, or that
the corrective action required by the Chief Building Official or
his designee is beyond what is required under this chapter to
render the building safe.
As to any other matter or appeal, the Board may affirm, deny
or modify the written decision of the Chief Building Official in
accordance with codes and ordinances adopted by the City.
(2) The Board shall issue its written decision within 15
working days of the conclusion of the hearing. The decision shall
be in writing and shall set forth the evidence presented and the
findings of the Board. The effective date of the Board's'final
decision shall be the date of the written decision. The Board may
grant one and only one extension of the time specified for making
repairs and that extension may not exceed 60 days from the date of
the Board's written decision to grant an extension. The Board may
require the appellant to take actions to ensure the safety of the
public or occupants during the extension period.
(E) Recourse. If the appellant or the city is aggrieved by
the decision of the Board, nothing in this chapter shall be
construed to deprive him or the city of seeking redress in a court
of cqmpetent jurisdiction. The appeal must be filed within 30 days
from the effective date of the Board's final written decision and
shall constitute a stay of any enforcement by the Chief Building
Official or his designee except an order to vacate which was
unappealed or upheld by the Board.
18 Ord. No. 82-94
7.8.19 STAYING OF NOTICE UNDER APPEAL TO BOARD OF CONSTRUCTION
APPEAL.
(A) As to an order to vacate issued in accordance with
Section 7.8.9(3)(a) or 7.8.12(C) of this chapter, enforcement of
any notice issued by the Chief Building Official or his designee
under the provisions of this chapter shall be held in abeyance
during the course of an appeal. In the event that an order to
vacate was issued pursuant to the aforementioned sections of this
chapter, the Chief Building Official shall certify in writing as
soon as practicable after the notice of appeal has been filed that,
in his opinion, a stay of enforcement of an order to vacate would
cause imminent peril to the life or safety of natural persons, or
the property of persons other than the appellant. The certifi-
cation shall set forth in detail those conditions causing the
peril. An appellant desiring to challenge the order to vacate may
request an emergency hearing of the Board of Construction Appeals.
The hearing shall be held within 72 hours of the appellant's
request.
(B) As to other matters under appeal, an appeal stays all
proceedings in furtheranc~ of the action appealed from, unless the
Chief Building Official from whom the appeal is taken certifies to
the Board of Construction Appeals after the Notice of Appeal is
filed with him that by reason of facts stated in the certificate, a
stay would, in his opinion, cause imminent peril to life or
property. In this case, proceedings shall not be stayed other than
by a restraining order which may be granted by the Board of
Construction Appeals at an emergency hearing of the Board as
requested by the appellant, as noted above, or by a court of
competent jurisdiction.
7.8.20 FAILURE TO COMPLY WITH FINAL ORDER OR DECISION.
(A) Any person who, after the order or decision of the Chief
Building Official or his designee or the decision of the Board of
Construction Appeals becomes final, fails or refuses to act in
accord with the direction of that order shall be in violation of
this chapter and may be prosecuted in accordance with Chapter 37 of
the Code of Ordinances of the City or the City may seek relief
through a court of competent Jurisdiction.
-(B) Alternatively, where persons fail to comply with the
final order of the Chief Building Official or his designee or the
Board of Construction Appeals, the Chief Building Official will
require the building to be immediately vacated and demolished or
boarded up as provided in Section 7.8.12. Except in emergency
situations, tke Chief Building Official or his designee shall mail
a Final Notice by certified and first class mail 15 days prior to
19 Ord. No. 82-94
demolition or boarding up to all persons who were required to
receive Notice of Unsafe Building/Structure and shall post the
Final Notice on the effected building/structure. The Final Notice
shall state:
(1) That the building or structure has been determined
to be unsafe by a final order of the Chief Building Official or
Board of Construction Appeals.
(2) That repairs were not effected as required.
(3) That all persons having a legally cognizable
interest were served with notice that the failure to make the
required repairs would result in an order to vacate and/or to
demolish or to board-up the building.
(4) That the building must be vacated immediately, if it
has not already been vacated.
(5) Advising that the building shall be demolished or
boarded up, and stating an approximate date of demolition or
boarding up.
(6) The approximate costs of boarding up or demolition
and that such costs, if not paid, shall be charged as a lien
against the property and that other costs incurred will be added to
the total cost along with a 10% administrative fee.
(C) The Chief Building Official shall also execute an
Affidavit II to be included with the above Final Notice which shall
state that the continued existence of the structure creates a
danger to the health, safety, or welfare of the public, or is a
danger or detriment to the property of the public, along with the
reasons therefor, and the factual support for those reasons.
(D) No person shall obstruct or interfere with the implemen-
tation of any action required by the Final Notice of the Chief
Building Official, his designee or the Board of Construction
Appeals. Any person found interfering with or obstructing such
actions shall be in violation of this chapter and shall be pro-
secuted as provided in Section 7.8.22.
CE) Performance of work. The demolition or board-up of an
unsafe building as required in the Final Notice of the Chief
Building Official or the final decision by the Board of Construc-
tion Appeals shall be performed in an expeditious and workmanlike
manner.
20 Ord. No. 82-94
7.8.21 RECOVERY OF COST OF DEMOLITION; LIENS.
(A) Whenever the Chief Building Official or his designee is
required to take emergency action as described in Section 7.8.12(C)
or where compliance with a Final Notice is effected by the City,
the City administration is authorized and directed to keep an
accurate account of all expenses incurred, including but not
limited to photographs, recording notices and affidavits,
demolition, vacation, barricading, boarding-up, title searches,
mailings, asbestos inspections, septic tank emptying, fencing,
asbestos removal, utility disconnections, legal notice advertising
or any other expenses necessitated by the demolition or board-up of
the building/structure, and based upon same certify the cost
involved for that work with respect to each parcel of property.
The City shall also add to the total of such costs a 10% adminis-
trative charge to cover the expense of administering and inspecting
the work ~performed, overhead, and other contingent expenses. The
cost of advertising shall be added to the total costs as a separate
expense.
(B) If the City has the condition abated and payment is not
received within 30 days after the mailing of an invoice for the
appropriate expenses incurred together with administrative costs,
an invoice requesting payment of the total costs and administrative
charges shall be sent to the last known address of the record
owner. In the event the invoice remains fully or partially unpaid
30 days after the date of mailing the invoice, the cost shall be
reported by the City Manager to the City Commission. Thereupon the
City Commission shall, by resolution, assess that cost against the
parcel. The resolution shall describe the land and show the cost
of effecting compliance, whether by demolition and removal or
otherwise, actually incurred by the City and the additional 10%
administrative expenses. The assessment shall also include costs
of collection and reasonable attorney fees, and shall be be legal,
valid, and binding obligations against the subject property. The
resolution shall become effective 30 days from the date of
adoption, and the assessment contained therein shall become due and
payable no later than 30 days after the mailing date of the Notice
of Assessment, after which interest shall accrue at the rate of 8%
per annum on any unpaid portion.
(C) The City shall send an invoice for the total amount due,
a copy of the Notice of Assessment along with a copy of the
Commission resolution, to the last known address of the record
owner. Service shall be by personal delivery or by certified mail,
postage prepaid, return receipt requested. In the event that the
assessment remains fully or partially unpaid after 30 days of the
mailing date or personal delivery of the Notice of Assessment, the
City shall cause to be recorded in the official records of the
21 Ord. No. 82-94
County, against those properties for which payment in full has not
been received, an affidavit certifying: that a resolution
assessing those costs against the subject property was passed by
the City Commission; the amount remaining unpaid including
recording costs and any additional administrative costs authorized
by City policies; the date the resolution was passed and the number
of the resolution; that the assessment remains unpaid as of the
date of the affidavit; that interest in the amount of 8% per annum
of the unpaid balance shall accrue; and that the affidavit is
recorded by the City pursuant to this chapter. In the event
payment in full with interest accrued is received, the City shall
cause a satisfaction for such assessment to be recorded. The
Notice of Assessment resolution shall be in substantially the
following form:
CITY OF DELRAY BEACH
UNSAFE BUILDING/STRUCTURE
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 Commission 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 an abatement action
regarding the above described property. You were given notice on
that the Chief Building Official had determined that a
building/structure located on the above described property was
unsafe. You were advised in that notice of the action that would
be taken to remedy that unsafe condition and that the action would
be initiated by the City if you failed to act.
You failed to appeal the decision of the Chief Building
Official to the Board of Construction Appeals although
you were informed of your right to an appeal and of the
procedures for obtaining an appeal. You have also failed
to take the corrective action required in the Notice of
Unsafe Building/Structure.
You appealed the decision of the Building Official to the
Board of Construction Appeals. You were given written
22 Ord. No. 82-94
notification on 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.
You appealed the decision of the Building Official to the
Board of Construction Appeals on
The Board of Construction upheld the decision of the
Building Official.
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 plus additional
administrative and recording costs shall be recorded in the
official Records of Palm Beach County, Florida against the above-
described property.
THE CITY MAY ENFORCE THE ASSESSMENTS BY EITHER AN ACTION AT LAW OR
FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME
MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE
OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8%
FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE
ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY
TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND
ENCUMBRANCES, INCLUDING MORTGAGES.
Copies of all notices referred to in this notice are available
in the office of the Chief Building Official.
BY ORDER OF THE CITY COMMISSION
City Clerk
(D) The City may enforce the assessments by either an action
at law or foreclosure of the lien, which shall be foreclosed in the
same manner as mortgages are foreclosed under state law. In either
type of action, the City shall be entitled to interest at the rate
of 8% from the date of assessment, collection costs, and reasonable
attorney's fees. Such liens shall be on a parity with general City
taxes and shall have priority over all other liens and
encumbrances, including mortgages.
7.8.22 VIOLATIONS; PROVIDING FOR INDEPENDENT JUDICIAL
PROCEEDING.
(A) Any person or his agent, who shall violate a provision of
this chapter or -fall to comply therewith, including orders and
23 Ord. No. 82-94
findings of the Board of Construction Appeals, may be prosecuted
and punished in accordanc9 with Chapter 37 of the City's Code of
Ordinances. Each person shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any
violation is committed or continued. The administration may
alternatively seek enforcement in a court of competent jurisdic-
tion.
(B) Any person, firm or corporation who violates any
provision of this chapter for which another penalty is not specifi-
cally provided shall, upon conviction, be subject to a fine not
exceeding $500 or imprisonment for a term not exceeding 30 days or
both. Each day any violation shall continue to exist shall consti-
tute a separate offense.
(C) All remedies and procedures in this chapter are not
exclusive and shall not prevent the city from instigating an
independent legal action in a court of competent jurisdiction.
Section 2. 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 jurisdiction 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.
Section 3. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED An regular session on second and final
reading on this the 18thday of October , 94.
ATTEST:
city Clet~ ...... ~ '
First Reading September 27, 1994
Second Reading October 18, 1994
unsafe.ord
24 Ord. No. 82-94
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # /O ~- - MEETING OF OCTOBER 18, 1994
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 82-94/
UNSAFE BUILDINGS OR STRUCTURES
DATE: OCTOBER 14, 1994
This is the second reading and public hearing for Ordinance No.
82-94 which repeals Article 7.8 of the Land Development Regula-
tions, and enacts a new Article 7.8, "Unsafe Buildings or
Structures" The ordinance provides for rules and regulations
concerning the protection of citizens from unsafe buildings and
structures, and establishes requirements and procedures for
maintenance and for making alterations, additions, and repairs.
At first reading on September 27, 1994, the Commission passed the
ordinance by unanimous vote, with one minor text change. On page
11, subsection (C), eighth line down, the word "shall" has been
changed to "should", so that the sentence reads: "Any vacancy
occurring during the unexpired term of office of any Board member
should be filled by the City Commission for the unexpired term
within 60 days after the vacancy occurs; provided further, that
no member may serve more than two successive terms on this
Board."
Recommend approval of Ordinance 82-94 on second and final
reading.
TO: DAVID HARDEN, CITY MANAGER
FROM: LULA BUTLER, DIRECTOR, COMMUNITY IMPROVEMENT~
RE: FIRST READING/UNSAFE BUILDING ORDINANCE
DATE: SEPTEMBER 20, 1994
ITEM BEFORE THE COMMISSION:
Consideration of approval of new ordinance on first reading,
enacting a new Article 7.8 "Unsafe Building Or Structures"
providing for Rules and Regulations concerning the protection of
citizens from unsafe building and structures, establishing
requirements and procedures, providing for an effective date.
BACKGROUND:
The City Commission adopted the Land Development Regulations in
September, 1990 which repealed Chapter 165 of the Code of
Ordinance and enacted Article 7.8. Current language within this
article references Chapter 165 needing revisions. This new
ordinance, therefore, repeals Article 7.8 as it exists, in its
entirety and establishes a new revised Article 7.8.
RECOMMENDATION:
Staff is recommending approval of this new ordinance on first
reading and the required Public Hearing for the regular City
Commission meeting of October 18, 1994.
LB: DQ
DQ3 ~.~-_ (~
Unsafe. LB
, · Agenda Item No.
Date: 9/20/94
Request to be placed
X Regular Agenda Special Agenda . Workshop Agenda
When: 9/27/94
Uescription of agenda item (who, what, Where, how much): Unsafe Building Ordinance
ORDINANCE/ RESOLUTION REQUIRED: ~/NO Draft Attached.' O/NO
Recommendation'.
Approval
Department Head Signature: ,~.~~ ..... ~
Determination of Consistency with Comp£ehensive Plan:
City Attorney Review/ Recommendation (if applicable): .......
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: Y~ NO~J/~
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved