§ 7-2. International property maintenance code adopted.

(a)

The city hereby adopts the 2015 edition of the International Property Maintenance Code (IPMC) published by the International Code Commission, and incorporates the same by reference as if fully set forth herein, including the city's amendments thereto to comply with F.S. ch. 162, the Florida Building Code, and this Code. At least one (1) copy of the International Property Maintenance Code, 2015 edition with the city's amendments thereto, together with the ordinance from which this article is derived, are on file with the city clerk.

(b)

The following sections and subsections of the 2015 edition of the International Property Maintenance Code are hereby amended as follows:

(1)

Subsection 101.1. These regulations shall be known as the Property Maintenance Code of the City of Flagler Beach, hereinafter referred to as "this Code."

(2)

Subsection 102.3 entitled "Application of other codes," shall read as follows:

Repairs, additions or alterations to a structure, or changes in occupancy, shall be done in accordance with the provisions of the Florida Building Code and amendments thereto.

(3)

Subsection 103.1 entitled "General," shall read as follows:

The City of Flagler Beach Code Enforcement Department, is hereby charged with the primary responsibility of enforcing this Code.

(4)

Subsection 103.2, entitled "Appointment," shall read as follows:

The code inspector shall be appointed by the City Manager.

(5)

Subsection 103.5, entitled "Fees," is hereby deleted in its entirety.

(6)

Subsection 104.1, entitled "General," shall read as follows:

The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

(7)

Subsection 106.2, entitled "Notice of Violation," is hereby deleted in its entirety.

(8)

Subsection 106.3, entitled "Prosecution of Violation," is hereby deleted in its entirety.

(9)

Section 107, entitled "Notices and Order," is hereby deleted in its entirety.

(10)

Subsection 108.3, entitled "Notice," shall read as follows:

Whenever the code inspector has condemned a structure or equipment under the provisions of this section, notice shall be protected from the weather and posted in a conspicuous place on or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Chapter 162, Florida Statutes. If the notice pertains to equipment, it shall also be placed on the condemned equipment.

(11)

Subsection 109.5, entitled "Costs of emergency repairs," shall read as follows:

Costs incurred in the performance of emergency work shall be paid by the owner or agent responsible for the property, or the City may thereafter file a lien on the property for such costs.

(12)

Subsection 109.6, entitled "Hearing," shall read as follows:

Any person ordered to take emergency measures shall comply with such order forthwith. Any adversely affected person shall thereafter, upon application directed to the city commission, be afforded an appeal from the code inspector's decision upon payment of appeal fees as set by resolution of the city commission.

(13)

Section 111, entitled "Means of Appeal," of this Code is hereby deleted in its entirety.

(14)

Section 112.4, entitled "Failure to Comply," shall read as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine in accordance with limits established by Florida Statutes.

(15)

Subsection 302.4, entitled "Weeds," is hereby deleted in its entirety.

(14)

Subsection 302.8, entitled "Motor vehicles," is hereby deleted in its entirety.

(16)

Subsection 304.14, entitled "Insect Screens," shall read as follows:

Year-round, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved, tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

(17)

Subsection 602.3, entitled "Heat Supply," shall read as follows:

Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from November 15th to April 15th to maintain a temperature of not less than 68 degrees Fahrenheit in all habitable rooms, bathrooms, and toilet rooms.

(18)

Subsection 602.4, entitled "Occupiable Work Spaces," shall read as follows:

Indoor occupiable work spaces shall be supplied with heat during the period from November 15 ^th to April 15 ^th during the period the spaces are occupied.

(19)

References in this Code to the International Plumbing Code shall be replaced with the Plumbing Code of the Florida Building Code.

(20)

References throughout this Code to the ICC Electrical Code shall be replaced with the Florida Building Code.

(21)

Supplemental Code. The provisions of this Code shall be supplemental to all other codes and other ordinances of the City.

(Ord. No. 2017-08, § 3, 10-26-2017)