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HomeMy WebLinkAboutO-1990-029 ORDINANCE NO. 29-90 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR MINIMUM STANDARDS FOR COMMERCIAL, RESIDENTIAL AND INSTITUTIONAL STRUCTURES WITHIN THE CITY; PROVIDING DEFINITIONS ; PROVIDING FOR ENFORCEMENT; PROVIDING FOR INSPECTIONS; PROVIDING FOR SEPARABILITY; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code Enforcement Board and the Code Enforcement Division exist to promote and protect the health , safety and welfare of the citizens of Dania; and WHEREAS, the City Commission finds that the Code Enforcement Board and Code Enforcement Division require a greater capability to enforce ' property maintenance standards for all structures in the City; and WHEREAS, the City Commission deems it to be in the best interests of the citizens of Dania that all cases concerning property standard violations be heard before the Code Enforcement Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That Article II , Chapter 8 of the Code of Ordinances of the City of Dania, Florida, is hereby amended in its entirety by repealing Section 8-18 thereof and by changing the title of said Article II from "Housing" to "Property Standards" , which, as amended, shall read as follows: 1 F7 :1 "Article II. Property Standards Sec. 8-18. Purpose and scope. The purpose of this Chapter is to establish uniform minimum standards for the occupancy and maintenance of dwellings , hotels , rooming houses , and commercial , industrial and institutional structures located in the City of Dania . The objectives of this code are to improve, preserve and maintain the buildings and structures of the city and to eliminate the blighting influences thereto. Every building or structure in the city that is subject to the provisions of this code shall conform to the requirements of this code regardless of when the building or structure may have been constructed , altered or repaired . This code does not replace or modify standards of other codes or ordinances for the construction, replacement or repair of buildings, and with respect to unsafe structures, this code shall be in accordance with The South Florida Building Code which shall prevail in every respect . Sec. 8-19. Definitions. Tne following definitions shall apply in the interpretation and enforcement of this chapter. 1 . Accessory structure shall mean a structure the use of which is incidental to that of the main building and which is attached thereto or located on the same premises. 2 . Alteration shall mean any change, addition or modification in construction or occupancy. 3. Appointing authority shall mean the board of city commissioners . 4 . Approved shall mean approved by the head of the enforcing agency. 4 5. Basement shall mean a portion of a building located partly underground but having less than half of its clear floor-to- ceiling height below the average finished grade of the ground adjoining the building. 6. Building shall mean a combination of materials to form a construction adapted to permanent or continuous occupancy for use for public, institutional , residential , business , industrial or storage purposes . 7. Blighting influence shall mean any physical condition of property maintenance which directly or indirectly causes a reduction in the value of surrounding properties. 2 Ordinance No. 29-90 8. Cellar shall mean a portion of a building located partly or wholly underground and having half or more than half of its clear floor to ceiling height below the average finish of the grade adjoining the building. Its ceiling shall not be more than six (6 ) feet above such grade. 9. Deficiency shall mean a condition of deterioration that is not in violation of this code ; however, such condition can be expected to become a violation within a short period of time. 10 . Deterioration shall mean the condition or appearance of a building, or parts thereof, characterized by holes , breaks , rot, crumbling , cracking, peeling , rusting or other evidence of physical decay, neglect or lack of maintenance. 11 . Dilapidated shall mean a condition of structural disrepair or deterioration to the extent requiring rehabilitation, reconstruction or demolition. 12. Director shall mean the department head for the city code enforcement division, or his authorized agent charged with enforcing code regulations . 13. Dwelling shall mean any building which is wholly or partly used ' or intended to be used for living, sleeping, cooking and eating, providing that temporary housing as hereinafter defined shall not be regarded as a dwelling. 14 . Dwelling unit shall mean any habitable area located within a dwelling, with facilities used or intended to be used for living, sleeping, cooking and eating. 15. Electrical shall mean all work , materials and/or system of electrical wiring for use of light, heat or power, and all appurtenances, apparatus or equipment used in connection therewith, inside of or attached to any building or structure, lot or premises . 16. Enforcement agency shall mean the code enforcement division of the city, with technical assistance being provided by the building department and the bureau of fire prevention as requested. 17. Enforcement officer shall mean any employee of the enforcing agency therein charged with the responsibility of making inspections of buildings and structures and issuing notices when necessary. The term shall be synonymous with "code inspector" . 3 Ordinance No. 29-90 18. Extermination shall mean the control of insects, rodents, vermin and/or other pests by destroying their harborage places ; by removing or making inaccessible those materials that may serve as their food; by poisoning, spraying, fumigating and trapping; or by any other recognized and legal means . 19. Fire hazard shall mean anything or any act which violates the prevailing fire codes of the city. 20. Garbage shall mean the animal and/or vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food; and wastepaper, plastic or related materials used in the packaging and preparation of foods . 21 . Good state of repair shall mean that a dwelling unit is safe and habitable for its ordinary and intended use, and that the materials used in any structure or fixture are sound and stable and performing the function for which intended. ` 22. Good working condition shall mean the item is fully operable in a safe manner for the use for which it was intended . 23. Habitable area shall mean a room or enclosed floor space used or intended to be used for living or sleeping purposes, excluding kitchens , bathrooms, shower rooms, water closet compartments, laundries , pantries, foyers , connecting corridors, closets and storage spaces. 24. Hardship shall mean a bona fide burden placed on an aggrieved party as the result of the proposed adoption of this article. 25. Head of enforcing agency shall be synonymous with the term "director" as previously defined. 26. Hotel shall mean any dwelling or commercial building containing one ( 1 ) or more hotel units in which space is let by the owner or operator on a predominately temporary basis to three (3 ) or more persons who are not husband , wife, son, daughter, mother, father, sister or brother of the owner or operator. For the purpose of this article, motels and buildings offering dormitory-type sleeping accommodations shall be included in this category. 27. Hotel unit shall mean any room or group of hotel rooms forming a single habitable unit used or intended to be used for living and sleeping and which may not be used for cooking and eating . For the purpose of this article, motel units and dormitory-type sleeping accommodations shall be included in this category. 4 Ordinance No. 29-90 28. Infestation shall mean the presence of insects, rodents, vermin or other pests . 29. Inspecting officer shall be synonymous with the term "enforcement officer" as previously defined . 30. Multiple dwelling shall mean any structure containing more than two ( 2 ) dwelling units. 31 . Nuisance shall mean everything that endangers life or health, gives offense to the senses , or obstructs reasonable use of any property or any nuisance prohibited by general , special or local laws. 32. Occupant shall mean any person living , sleeping, cooking, eating in or having actual possession of a dwelling , dwelling unit , hotel unit or rooming unit . 33. Operator shall mean any person who has charge, care or control of a building or structure , or part thereof, which is subject to ' this code. 34. Owner shall mean any person who, alone or jointly has legal , equitable or beneficial title to any building or structure, or part thereof, which is subject to this code . 35. Person shall mean and include any individual , firm, corpora- tion, association or partnership. 36. Plumbing shall mean and include all the following supplied facilities and equipment: Gas pipes, gas-burning equipment, f water pipes, garbage disposal units, waste pipes, water closets, sinks , installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machine, catch basins, drains, vents and any other similar supplied fixtures , together with all connections to water, sewer or gas lines , and water pipes and lines utilized in connection with air conditioning equipment . 37. Rooming house shall mean any dwelling, or part of any dwelling, containing one ( 1 ) or more rooming units in which space is let by the owner or operator for living and sleeping but not for cooking and eating on a temporary or permanent basis to three (3 ) or more persons who are not husband , wife, son, daughter, mother, father, sister or brother of the owner or operator. For the purpose of this article, boarding houses are included in this category. 38. Rooming unit shall mean any room or group of rooms, forming a single habitable unit , used or intended to be used for living and sleeping but not for cooking or eating purposes. 5 Ordinance No. 29-90 I J L_ � C 39. Rubbish shall mean all combustible and noncombustible waste materials except garbage, including but not limited to non- operative toys bicycles, motorcycles , automobiles, mechanical equipment and machines or parts thereof. 40. Structure shall mean a combination of materials, whether fixed or portable, forming a construction, including all buildings or dwellings. 41 . Structurally sound shall mean free of imperfections which affect the intended use of the structure so as not to endanger the health, safety and welfare of the inhabitants or neighbors. 42. Supplied shall mean paid for, furnished or provided by or under control of the owner or operator. 43 . Temporary housing shall mean any tent , trailer or other _ structure used for human shelter which is designed to be �+ transportable and which is not attached to the ground , to another structure, or to any utilities system on the same premises for more than thirty (30 ) consecutive days . 44 . Brush shall mean any accumulation of the following, but not limited to: Grass clippings, hedge and tree trimmings , palm _ fronds, leaf rakings, and other such debris resulting from the maintenance of lawns and yards . 45. Cooking facilities shall mean any equipment , machinery or appliances used in the preparation of food and storage of foods. Section 8-20. Code Enforcement Board. The City of Dania Code Enforcement Board, pursuant to its authority under Article IV, Chapter 2 of the Code of Ordinances of the City of Dania, shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged; provided, however, that cases concerning unsafe buildings and structures shall be heard and decided by the Dania Unsafe Structures Board . Sec. 8-21. Minimum Standards for Dwellings, Hotels and Rooming Houses. A. Minimum Standards for Space , Light and Ventilation, Basic Facilities and Equipment , and for Maintenance. No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein, or any hotel , hotel unit, rooming house or rooming unit , for the purpose of living or sleeping therein, which does not comply with the following requirements of this section. 6 Ordinance NO. 29_90 I 1 . Requirement for space. (a) Each dwelling and each dwelling unit shall have a minimum gross floor area of not less than one hundred fifty ( 150 ) square feet for the first occupant and not less than one hundred ( 100 ) square feet for each additional occupant . (b ) Every room in a dwelling, dwelling unit, hotel or rooming house occupied for sleeping purposes shall : ( 1 ) Have a gross floor area of not less than seventy (70 ) square feet; and when occupied by more than one ( 1 ) occupant, it shall have a gross floor area of not less than fifty ( 50 ) square feet for each occupant . Unless licensed as a dormitory, the maximum number of occupants for each room used for sleeping purposes shall be four (4 ) . ( 2 ) Have a minimum width of eight ( 8 ) feet . (c) Gross area shall be calculated on the basis of total habitable room area, and those exclusions appearing in the definition of "habitable room" shall not be considered in calculation of such floor areas. (d) Every habitable room in a dwelling, dwelling unit, hotel and rooming house shall have a ceiling height of not less than seven (7 ) feet for at least half the floor area of the room. Any portion of a habitable room having a ceiling height of five ( 5 ) feet or less shall not be included in calculating the total floor ..JW area of such room. 2. Requirements for light and ventilation. (a) Every habitable room shall have at least one ( 1 ) window with minimum total area of not less than ten ( 10 ) percent of the total floor area of the room or a skylight with a minimum total area of not less than fifteen ( 15 ) percent of floor area of the room. Windows shall face directly to open exterior space in order to allow adequate admission of natural light and air circulation. (b) Every habitable room shall contain at least two (2 ) separate, properly installed floor or wall type electric outlets or one ( 1 ) such outlet and one ( 1 ) properly installed ceiling type electric light fixture; and every kitchen, bathroom, shower room or water closet compartment shall contain at least one ( 1 ) properly installed ceiling or wall type electric light fixture . Switches, outlets and fixtures shall be located , installed and maintained so as to avoid the danger of electrical shock. 7 Ordinance No. 29-90 I . > o t (c) Every hall , stairway and other space or area located within or on the exterior of a dwelling unit, hotel or rooming house shall be provided with properly installed electric lighting facilities capable of providing not less than one ( 1 ) foot candle of illumination throughout ; and such facilities shall be controlled by and available to occupants at all times . (d) Every habitable room shall be ventilated directly to the outdoors . Such ventilation shall be provided by an open area equal to fifty (50 ) percent of the required minimum window or skylight area or by satisfying mechanical ventilation standards of the building code and other regulations of the city which were in effect at the time of issuance of certificate of occupancy. (e) Every kitchen, bathroom, shower room or water closet compartment shall comply with the light and ventilation requirements set forth for habitable rooms ; except windows or skylights shall not be required in those kitchens, bathrooms, shower rooms and water closet compartments equipped with an adequate and properly functioning ventilating system installed and maintained in accordance with the building code and other regulations of the city which were in effect at the time of issuance of certificate of occupancy. (f) Where separate screen doors are provided at exterior openings , they shall be self closing. The screen wire installed on every opening shall be at least 18 x 24 mesh. Openings on existing screen doors and windows shall not exceed 16 mesh . (g) Every window and exterior door shall be reasonably weathertight , maintained without cracks and holes and in a good state of repair. All windows intended for ventilation must be equipped with fully operable hardware and fitted with screens to protect against mosquitoes or other insects. 3. Requirements for basic sanitary facilities and equipment. (a) Each dwelling and dwelling unit shall have not less than the following in proper operating condition: ( 1 ) A flush water closet , lavatory basin and a bathtub or shower. (2 ) A kitchen sink of the type and material approved by the building code or other recognized code. 8 Ordinance No. 29-90 1 � x i F7 { (3 ) Adequate receptacles for the storage of garbage, trash and refuse . Such receptacle shall be suitably enclosed and located so as not to constitute a threat to the health, safety and welfare of the occupants. This provision shall not preclude the use of approved plastic refuse bags, nor shall this provision preclude the use of enclosed receptacles within a dwelling unit when such receptacle is maintained in a clean and sanitary manner. i (b) Each hotel and rooming house shall have not less than the following in proper operating condition: ( 1 ) One ( 1 ) flush water closet; lavatory basin and bathtub or shower for each six (6 ) persons or fraction thereof residing within such hotel or rooming house. (2) Where ten ( 10 ) or more persons reside within a hotel or rooming house , separate facilities consisting of one ( 1 ) flush water closet , lavatory basin and bathtub or shower in good working condition, shall be provided for each six ( 6) persons . (3) Flush urinals may be substituted for not more than half the required number of water closets. (4 ) Adequate receptacles for the storage of garbage, trash and refuse . (c) Each dwelling, dwelling unit , hotel and rooming house shall provide for the privacy and accessibility of toilet and bath facilities as follows: ( 1 ) All water closets, urinals, bathtubs and showers shall be located in a room or rooms which afford privacy to the user. Such rooms shall be fully enclosed and screened from public view. All doors shall close securely and lock. (2) Room or rooms containing water closets, urinals, bathtubs, or showers shall be not more than one ( 1 ) story removed from the hotel or rooming units of any occupant sharing the facilities . ( 3 ) All toilet and bath facilities shall be so located as to be accessible without going through a dwelling unit or hotel or rooming unit of another occupant . (4 ) Rooms containing toilet or bath facilities shall not open directly into kitchen areas. 9 Ordinance No. 29-90 1 j a 1 (d ) Each kitchen sink, each lavatory basin, and each bathtub and j shower shall be supplied with hot and cold water. (1 ) Water heating facilities shall be properly installed , connected and maintained in a safe and good working condition. The water heating facilities shall be adequate to supply twenty ( 20 ) gallons of not less than one hundred twenty ( 120 ) degrees Fahrenheit water per day for each occupant. (2 ) No electric water heater shall be allowed in any bathroom unless the water heater and all electrical connections are totally encased in a nonconductive material or the water heater is installed in such a manner as to i avoid the probability of shock hazard. (e) All plumbing fixtures shall be properly connected to approved water and sewer systems. Where a sewer system is not �r available, drain lines shall be connected to an approved, fully functional septic tank and drain field . ( f) Every plumbing fixture , water pipe , waste pipe, gas line and drain line, including tenant-owned equipment, shall be maintained in good , sanitary, properly operating working condition. , (g) Floor surfaces in water closet compartments, bathrooms, shower rooms and kitchens shall be covered with asphalt, vinyl-asbestos, vinyl-plastic, rubber tile, ceramic tile, terrazzo or linoleum or other durable, waterproof , nonabsorbent material ; and such floors shall be properly maintained in clean and sanitary condition. No finish flooring material which requires "face nailing" shall be used . (h ) Every occupied dwelling unit shall have a properly installed cooking facility consisting of a stove having at least two ( 2 ) top burners. ( 1 ) Utility connections shall be provided in each dwelling unit for the cooking facility. (2 ) Cooking facilities shall not be permitted in any hotel or rooming unit . 10 Ordinance No. 29-90 4. General requirements for all dwellings, dwelling. units, hotels , hotel units, rooming houses and rooming units. (a) Foundations, floors, walls , ceilings, roofs, windows, doors and all other building parts shall be structurally sound, weather-proof, watertight and rodentproof, and shall be kept in good state of repair. Roof surfaces shall be watertight . Where water is permitted to stand on a roof for cooling purposes, the roof must be designed for that purpose and proper precautionary measures taken to prevent breeding of mosquitoes and other similar insects . Gutters and downspouts, where in existence, shall be kept clear of debris and be maintained in a good state of repair and working condition. (b) Inside and outside stairways , porches, balconies, hallways, corridors and all appurtenances thereto shall be maintained in a safe condition and capable of supporting the loads set Eorth in the building code and regulations of the city which were in effect at the time of certificate of occupancy. Protecting guardrails and safeguards shall be required on any unenclosed structure over two (2 ) feet from the ground level and on every interior or exterior stair or stairwell of four (4 ) or more risers and shall be located in accordance with requirement of the building code which was in effect at the time of certificate of occupancy. Where steps are located adjacent to a doorway, they shall be at least the width of the doorway. (c) Chimneys, smoke pipes, flues, and ventilating pipes and ducts shall be maintained in a safe, properly operating condition. (d) Every plumbing fixture, water pipe, drain, waste pipe, gas pipe shall be maintained in good , sanitary working condition, free from defects, leaks and obstructions. (e) All electrical wiring and accessories shall be maintained in good, safe working condition and be adequately insulated and protected. No wiring, outlets or connections shall be left exposed so as to create a hazardous condition . ( f ) Every accessory structure shall be kept in a clean and sanitary condition, free from rodents , vermin and infestations. Fences, garden walls and similar enclosures shall be maintained in a good state of repair. 11 Ordinance No. 29-90 5. Maintenance and appearance standards. (a) The owner and operator of all properties governed by the code shall maintain the exterior of the premises in such a manner to conform with all city codes and ordinances; avoid blighting influences on neighboring properties , and avoid the creation of hazards to public health, safety and welfare . Such maintenance and appearance will be judged by the following standards : ( 1 ) The exterior of all premises and every structure thereon, including all parts of the structure and appurtenance where exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing or other holes or breaks . All screened enclosures shall be properly fitted and maintained . All other surfaces shall be maintained free of broken glass, crumbling stone, brick or stucco, or other conditions reflective of deterioration or inadequate maintenance. ( 2) All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti and with uniform colors void if any evidence of , deterioration. (3 ) All off-street parking spaces shall be paved with asphalt or constructed of concrete or block and shall be of smooth surface and in good repair in compliance with city codes ; provided however, that off-street parking spaces surfaced with gravel in existence prior to the enactment of this subsection shall not be precluded so long as the owner of such off-street parking spaces maintains the public right-of-way free from loose gravel . In the event an owner of property containing off-street parking spaces surfaced with gravel makes repairs to such property pursuant to the requirements of the Dania Zoning Code, then off-street parking spaces of such property must come into compliance at that time with the first clause of this subsection. (b) Property failing to meet the standards in paragraph (a) will be considered "deficient" . A blighting influence on the surrounding neighborhood in violation of this code exists when a deficiency or combination of deficiencies represents more than twenty-five (25 ) percent of the area of any wall or roof or paved surface as viewed from any single vantage point off the property. (c) Multiple colors , including trim, may not be used except to accent architectural features of the structure . 12 Ordinance No. 29-90 'i F71 i (d) Except as herein provided, live vegetative material shall provide complete coverage of the entire yard area exposed to public view. Height shall conform with all applicable city ordinances . Play areas, gardens, flower beds , unpaved driveways, walks, etc. , not intended to have vegetative cover should be clearly defined and maintained free of uncultivated growth. Yards not using vegetative cover must use a material that meets all city codes, and such material must be maintained free of uncultivated growth. Property not meeting these standards will be considered deficient . A blighting influence on the surrounding neighborhood in violation of this section will exist if more than thirty-three ( 33 ) percent of the yard area visible from any single vantage point off the property is deficient . 6. Unsafe dwellings , rooming houses and hotels. (a) A dwelling, rooming house or hotel shall be deemed unsafe and referred to the appropriate agency, department or board for remedial action when: ( 1 ) It is abandoned, unguarded and open at doors or windows . (2) There is an accumulation of dust, debris or other combustible material therein or directly adjacent thereto. (3) The building condition creates hazards with respect to means of egress and fire protection as provided in building code and regulations of the city which were the he effect at the time of certificate of in occupancy; or (4 ) There is a falling away, hanging loose or loosening of any siding, block, brick or other building material ; ( 5) There is a deterioration of the structure or structural parts; or (6) The building is partially destroyed; or (7) There is a sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing; or (8 ) The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the building code and regulations of the city which were in effect at the time of certificate of occupancy; or ( 9 ) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal Systems; or 13 Ordinance No. 29-90 i J ( 10 ) By reasons of use or occupancy, the area, height, type of construction, fire-resistivity, means of egress, electrical equipment, plumbing , air conditioning or other features regulated by the building code do not compl the code for the use and group of occupancy. y with 7. Repairs and installations. Repairs and installations shall be made so as to comply with the Provisions of the building code and other regulations which were in effect at the time of certificate of occupancy. All work shall proceed in a timely fashion and be done in a workmanlike manner. B. Responsibilities of Owners, Operators and Occupants. The owner shall not occupy, permit another to occupy, or let to another for occupancy a dwelling, dwelling unit , or hotel or rooming unit that is not clean, sanitary, safe and fit for human habitation, 1 . Every occupant of a dwelling or dwelling unit responsible for the following: shall be (a) Keep in a clean and sanitary condition that part of the dwelling or dwelling unit he occupies or controls, including all equipment, sanitary facilities, yards, courts, driveways, lawns and shrubbery. (b) Dispose of rubbish, garbage, lawn and shrubbery cuttings, leaves and other waste materials as provided by applicable law; garbage shall be placed in the disposal facilities or storage containers required by Chapter 13 of the Dania Code of ._JW Ordinances . (c) Be responsible for the extermination of rodents, vermin and other pests within the dwelling unit he occupies or controls . (d) Not allow animals or pets to be kept in any dwelling or dwelling unit or on any premises in such a manner as to create unsanitary conditions or a nuisance . 2. The owner and operator of a dwelling or dwelling unit shall , jointly and severally: (a) Maintain in a clean and sanitary condition the shared or public areas of a dwelling containing more than one ( 1 ) dwelling unit; shared or public areas shall include yards, courts, driveways, parking areas , lawns and shrubbery. (b) Maintain the exterior premises so as to prevent the accumulation of stagnant water thereon. 14 Ordinance No. 29-90 (c) Be responsible for the extermination of any rodents, vermin and other pests in all public or shared areas, and when infestation of other areas is caused by his failure to carry out the provisions of this article. i 3. The owner and operator of every hotel or rooming house shall , jointly and severally: (a) Be responsible for the sanitary and safe maintenance of all equipment, furnishings , walls , floors, ceilings and other building parts, and the entire premises, including yards, courts , driveways, lawns, shrubbery. (b) Provide shades, draperies or other devices or materials for all windows which, when properly used, will afford privacy to the occupants of the hotel or rooming unit . (c) Permit no cooking in any hotel or rooming units where appropriate cooking facilities have not been permanently ' installed in accordance with the provisions of this code and the building code which was in effect at the time of certificate of occupancy. (d) Be responsible for the prompt and sanitary disposal of all garbage and trash through the use of approved mechanical equipment or by placing same in the required containers; disposal of rubbish , garbage, lawn and shrubbery cuttings, leaves and other waste material as provided by applicable law. (e) Be responsible for the extermination of rodents, vermin and other pests. ( f) Maintain the exterior so as to prevent the accumulation of stagnant water thereon. (g) Not allow animals or pets to be kept in any unit or on the premises in such a manner as to create unsanitary conditions or a nuisance . C. Requirements relating to the Safe and Sanitary Maintenance of Premises Adjacent to Dwelling Structures. 1. No owner, occupant or operator of a dwelling, dwelling unit, hotel , hotel unit , rooming house or rooming unit shall deposit , or cause to be deposited, any rubbish , garbage or other refuse on adjacent properties . 15 Ordinance No. 29-90 J (000 14 i 2 . The owner of property adjacent to dwelling structures shall be required to keep such premises free from growth of weeds, grass, other flora, and rubbish, trash and other refuse in accordance with applicable law. Sec. 8-22. Minimum Standards for Commercial , Industrial and Institutional Structures . A. Minimum standards. No person shall maintain or operate any commercial , industrial or institutional structure which does not comply with the following requirements of this section. 1 . Maintenance of exterior of premises . The exterior of buildings and structures shall be kept free of all nuisances, and any hazards to the safety of occupants, customers , pedestrians and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following: (a) Dead and dying trees and limbs ; (b) Loose and over-hanging objects which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof ; (c) Holes, excavations, breaks , projections, obstructions, and excretions of pets and other animals on paths, walks, driveways , parking lots and parking areas , and other parts of the premises which are accessible to or used by persons on the premises. (d) Inadequate run-off drains for storm waters; (e) Sources of infestation; ( f) Foundations, floors and walls which are not structurally sound; (g) Chimneys and flue and vent attachments which are not safe, durable, smoke tight and capable of withstanding the action of flue gasses; (h) Exterior porches , landings, balconies, stairs and fire escapes which are not provided with bannisters or railings properly designed and maintained to minimize the hazard of falling . 16 Ordinance No. 29-90 1 �. 17 9 2• Appearance of exterior of premises , The exterior of buildings and structures shall be maintained so that their appearance owners shall not constitute a blighting factor for adjoining property nor an element leading to the progressive deterioration and down-grading of the neighborhood including the following: (a) Premises shall be kept landscaped and maintained, and lawns, hedges and bushes shall be kept trimmed Pursuant to a site plan. or maintained (b) All store fronts and walls exposed to public view shall be kept in a good state of repair. (c) Any awning or marquee and its accompanying members which extend over any structural street, sidewalk or any other portion of the premises shall be maintained in a good state of repair. In the event such awnings or marquees are made of cloth, plastic or of a similar material , such cloth or plastic, where exposed to public view, shall not show evidence of excessive weathering, discoloration, ripping, tearing, or other holes . Nothing herein shall be construed to authorize any encroachment on streets , sidewalks or other parts of the public domain . 3. General maintenance. The exterior of every building or structure shall be maintained in a good state of repair and all > surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of graffiti loose shingles, crumbling , broken glass, stone or brick, excessive paint or other condition ref peeling lective of deterioration or inadequate maintenance. Garbage storage receptacles or garbage disposal facilities shall be provided and maintained for the disposal of garbage at every occupied building or structure, 4. Unsafe commercial , industrial and institutional buildings and structures . A commercial , industrial or institutional building or structure shall be deemed unsafe and referred to the appropriate agency, department or board for remedial action when it meets one or any of the conditions set forth in section 8-21 (A) (6 ) of this chapter. B. Responsibilities of owner and operators. The owner of a structure shall be responsible for maintaining the minimum standards required by this chapter unless his lease with the operator provides otherwise. In any event the operator shall be responsible : 17 Ordinance No. 29-90 L I_ J . . a 1 . For keeping all parts of the premises under the control of the operator in a clean and safe condition, and the operator shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe or which would obstruct the owner from performing any duty required by this chapter. 2. For the elimination of infestation of pests in and on the premises subject to his control . 3. For maintaining all plumbing fixtures used by the operator in a clean and sanitary condition, and he shall not deposit any material in any fixture or sewer system which would result in stoppage of or damage to the fixture or sewer system. Sec. 8-23. Inspections. A. The Dania Code Enforcement Division, by its code inspectors, is herby authorized to inspect from time to time all dwellings, hotels, rooming houses, and commercial , industrial and institutional structures that are subject to the minimum property standards of this chapter. When a code inspector is required to enter onto private premises to make an inspection, he shall do so with the consent of the owner, operator, lessee or occupation. In the event that consent to enter the premises is withheld, the code inspector may make application to the proper court for an order requiring access to the premises . B. Inspections of all buildings or structures shall be made during reasonable hours . If the Director has probable cause to believe an immediate threat exists to the health, welfare or safety of persons in or about any building or structure, he may direct that an inspection be made at any time. Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. 18 Ordinance No. 29-90 Section 3 . That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict . Section 4. That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the 26th day of June , 1990. PASSED and ADOPTED on Second and Final Reading on the loth day of July 1990. AT e` MAYL�W COMMISSIONER CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS ©Y:-P'.y L• ��� : Frank C. Adler, City Attorney 19 Ordinance No. 29-90 I �I �W AYWOOD SUN Established as The llollywood Sun - January 4, 1935 HOLLYWOOD, BROWARD COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD Sybil J. Whaley Before the undersigned authority personally appeared Who on oath says (he/she) is Classified Telemarketing Manager Of the Hollywood Sun a daily newspaper published at Hollywood in Broward county, Florida: that the attached copy of advertisement, being a Notice of Hearing in the matter of Proposed Ordinances _ in the City of Dania KX was published in said newspaper in the issue of -- June 29, 1990 Y94 Affiant further says that the said llollywood Sun is a newspaper published at llollywood in said Brossard County.Florida,and that the said newspaper has heretofore been continuously published in said Broward County,Florida,each week and has been entered as a second class matter of the post office in Ilollywood in s said County.Florida,for a period of one year next preceding the first publication of the attached copy of ad- tertisement:and affiant further says that he has neither paid nor promised any person,firm or corporation am discount,rebate,commission or refund for the purpose of securing this adterlisement for publication in Y the said newspaper. NOTICE F PUBLIC HEAR- INGNOTICE BEFORE CITY COM- MISSION CITY OF DANIA, FLORIDA REGARDING THE FOLLOWING PRO- ,' POSED VARIANCE - --" - NOTICE IS HEREBY GIV- EN that the City Commis- Sion for The CITY of Dante, Sworn to and subscribed before me Florida,on JWY 10, Iggo a, a:do p.m.or as fgon mare- afler es the matter may be heard,will conduct a public Phis day of A.U. 19__V-. . hearing In One City Commis room of the Dania City - " L Hall, Ia0 West genie Beach \`-\u'1A.IwAIV` Boulevard, Dante, Florida ach y-_ to consider the following or- `, - - - -- - dinanuf enillled: Y NOI AB's P1 111'I1C AN ORDINANCE OF THE CITY OF DANIA, FLORI- DA AMENDING SECTION ISF.ALI NOTARY PIIg 13-t0.ARTICLE IV,CHAP- LIL, SrpTfDIIIL'PI. TER U OF THE CODE OF MY CDMAl15 SIDA I�G"r -0RDINANCES OF THE ITRIPf' FEFG ISt CITY OF DANIA FLORI- BOMG[D Th'Ri, DA; AND PROVIDING kCCAIFi;ERHY 8 A� THAT ALL ORDINANCES 1"-fix TES OR PARTS OF ORDf- NANCES AND ALL RE50- LUTIONS OROF RESOLUTIONSPAIN TCON- - FLICT HEREWITH BE REPEALED TO THE EX- FLICT: ANDS PROVIDIING FOR AN EFFECTIVE DATEAN - C TOF THE YO OANCE F ND AN A. FL OR- DA, TO PROVIDE FOR FO RICOMM ER C IAD SO 55 IDE NTIAL AND INSTITU- TIONAL STRUCTURES WITHIN THE CITY; PRO- VIDING OE FIN I TION S; PROVIDING FOR EN- FORCEMENT PROVID- ING FOR INSPECTIONS: PROVIDING FOR SEPA- RABILITY: AND PROVID- NANCESAORAILL PAR SR OIF R INANCIES AN ALL RE SDO LUT ONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE E%TENT OF SUCH CON- FLICT; AND PROVIDING FOR AN EFECTIVE DATE. A CQOY Of these proposed In h011 Orofic.of COS One City Cle1rk'Clly H.II I'd West Dante Beech BOule..fd, Dahl a. Florida. end meY be 105OSCIad by me public during normal working hou14 Inleretled parties ev Op' pear al On.aforesaid meaP Ing and be heard with re' Spec, 1. the proposed- I Anv he CI who mmi"ecide$to eppeet pec 10 any made by 1M1e Clb Csion made With nreR 10 INS ear he .11, heard at coy nest ln, pro need a record o1 the nurno.Inmpv need,1. r sure that a vVDatlm!.card which prl ora(Include$InI upon which IM aOpelas,o be made. It, Wend. Mullikin City Clerk H-S June IY. 1990 (Y-.a) i.� J