HomeMy WebLinkAboutO-2021-022 Amending Sec. 8-25 to Create Regulations Relating to BC 40-Year Building and Structure Recertification ProgramORDINANCE NO. 2021-022
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 8 OF THE CITY'S CODE OF
ORDINANCES ENTITLED "BUILDINGS", SECTION 8-25, TO CREATE
REGULATIONS RELATING TO THE BROWARD COUNTY 40 YEAR
BUILDING AND STRUCTURE RECERTIFICATION PROGRAM;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 8 of the City's Code of Ordinances regulates buildings and structures
in the City of Dania Beach; and
WHEREAS, the City desires to amend its Code to specifically provide for fines and
enforcement applicable to persons who fail to conduct a 40 year recertification of buildings and
structures as prescribed by the Broward County Recertification Program; and
WHEREAS, the City Commission wishes to amend the Code of Ordinances to help to
ensure that all buildings and structures in the City are safe;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and they are incorporated into this Ordinance.
Section 2. That Section 8-25 of the City Code of Ordinances is amended to read as
follows:
CHAPTER 8
BUILDINGS
Sec. 8-25 Building Safety Inspection Program - 40 Year Certification pursuant to Section
I 10. 15 Broward County Administrative Provisions, Chapter 1, Florida Building Code and Policy
#5-05 of the Broward County Board of Rules and Appeals (BORA) and Re -certification every 10
years thereafter.
(A) No person shall own, maintain or operate any residential, commercial, industrial or
institutional building or structure that fails to timely comply with the provisions of the Broward
County Administrative Provision, Chapter 1, Florida Building Code, section 110.15 Building
Safety Inspection 40 Year Certification Program and Policy #5-05 of the Broward County Board
of Rules and Appeals (BORA), referred to in this Section as the "Program". Failure to timely
comply with the provisions of the Program shall be subject to a fine not to exceed $500.00, daily,
for a first offense and a second offense. A third offense for failure to obtain the 40 year
recertification or Broward County Inspection Report shall be considered irreparable harm and
cause for the City to seek issuance of a fine of $5,000.00, per day. Additionally, the City may
require that the building or structure be presented for review by the Broward County Unsafe
Structures Board to determine and declare the building or structure unsafe and unfit for occupancy.
(B) The requirements contained in subsection (A), above, shall also be required for
compliance every ten years thereafter. Failure to obtain the recertification every 10 years after
the 40 year recertification shall subject the owner of the property to a fine not to exceed $500.00,
daily, for a first and second offense. A third offense for failure to obtain the 40 year
recertification or Broward County Inspection Report shall be considered irreparable harm and
cause for the City to seek issuance of a fine of $5,000.00, per day. Additionally, the City may
require that the building or structure be presented to the Broward County Unsafe Structures
Board to determine and declare the building or structure unsafe and unfit for occupancy.
(C) In the interim, should the Building Official find that the building or structure is unsafe and
unfit for occupancy, the Building Official may declare the building unsafe, require the building to
be vacated and institute proceedings for the building or structure to be presented to the Broward
County Unsafe Structures Board for further action, which may include but not be limited to
demolition.
Sees. 8-M26-8-28. - Reserved.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 5. That this Ordinance shall take effect immediately at the time of passage and
adoption.
2 ORDINANCE #2021-022
PASSED on first reading on July 13, 202 1.
PASSED AND ADOPTED on second reading on August 24, 202 1.
ATTEST:
A an
Om S SCHNEI TAMARA JAMd- I
CITY CLERK MAYOR 1j
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APPROVED AS TO F D 0
THOMAS J.' ANIS#6
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3 ORDINANCE #2021-022