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HomeMy Public PortalAbout1813 Chapter 38 Health and SanitationORDINANCE: 1813 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, REPEALING AND REPLACING THE CURRENT CHAPTER 38 PROPERTY MAINTENANCE AND HOUSING STANDARD OF THE CITY OF CRESTVIEW CODE OF ORDINANCES; PROVIDING INTENT; PROVIDING FOR APPLICABILITY; PROVIDING DEFINITIONS; PROVIDING FOR AUTHORITY; HEREWITH; PROVIDING FOR COMPLIANCE WITH FLORIDA STATE STATUTE; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVINERS ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1— AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021, Florida Statutes, and Section 2 of the City Charter. SECTION 2 — REPEAL AND REPLACE. This Ordinance will repeal and replace all of Chapter 38 Property Maintenance and Housing Standards. SECTION 3 — ENACTMENT. This revised Chapter 38, Property Maintenance and Housing Standards will be enacted upon the effective date of this Ordinance. SECTION 4 — REPEAL. Chapter 38, Property Maintenance and Housing Standards. SECTION 5 — SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 6 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 7 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 8 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Pane 8of158 SECTION 9 — EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED ON SECOND RE DING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE ZAP( DAY OF .� Q , 2021 ATTEST: J IZAB1.TH M. ROY City Clerk APPROVED BY ME THIS � DAY OF Whitten Mayor NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW, FLORIDA: PROPERTY MAINTENANCE AND HOUSING STANDARDS: CHAPTER 38- PROPERTY MAINTENANCE AND HOUSING STANDARDS. ARTICLE I — DEFINITIONS. 38.1 - Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cover: Any device, equipment, container, close -fitting tarpaulin, chain, rope, wire, or line used on vehicles to prevent any part of a vehicle load to shift, blow, leak, fall or escape in any manner from the vehicle. Developed: Any lot, tract, or parcel which currently has a structure or structures upon said property or an approved parking lot which meets the requirements of this Code. Enforcement agency: The City of Crestview Police Department, Code Enforcement Division, and designee. Front yard: Any lot line that abuts a public right of way, pursuant to the City of Crestview Land Development Code. Pane 4 of 155 Graffiti: Unauthorized writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye, or other similar substances on public or private buildings, structures, or places, regardless of the content or the nature of materials, not permitted under the City Code and ordinances. Hazardous trees: A tree is considered hazardous if it has defects, is diseased or is dying, that may cause the tree to fall on the right-of-way, adjacent property resulting in property damage, personal injury, or death. Litter: Refuse and rubbish, including, but not limited to, paper, bottles, cans, glass, crockery, scrap metals, plastic, rubber, yard trash, tar paper, lumber, masonry, concrete, drywall, packaging and crating materials, tree, and shrub trimmings, leaves and disposable packages and containers. Nuisance: Nuisance shall mean an unlawful act, or omission of the performance of a duty, or the suffering or permitting any condition or thing to be or to exist, which act, omission, condition, or thing either: (a) Injures or endangers the comfort, repose, health, or safety of others; or (b) Offends decency; or (c) Is offensive to the senses; or (d) Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch, or drainage; or (e) In any way renders other persons insecure in life or the use of property; or (f) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; or (g) Is declared by ordinance to be a nuisance; or (h) Is declared by state law to be a nuisance or public nuisance. Preserve areas: Vegetative areas required to be preserved by law. Property owner: The owner of any lot, tract, or parcel as listed in the current Okaloosa County tax records. Public right-of-way: The paved and unpaved area of a highway, roadway, street or alley, or other such strip of land, reserved for public use, whether established by prescription, easement, dedication, gift, purchase, eminent domain, or any other legal means. Rear Yard: Any lot line that is not a front or side lot line, pursuant to the City of Crestview Land Development Code. Recreational vehicle: Any vehicle used for recreational purposes such as, over -sized vehicles, travel trailers, camping trailers, motorhomes, private motor coaches, any vehicle designed as temporary living quarters for recreational, camping, or travel use which either has its own mode of power or is mounted on or drawn by another vehicle, van conversions, park trailers, fifth -wheel trailers, and other similar type vehicles. Pang 10 of 155 Salvaging: The controlled removal of valuable or useful material from solid waste for utilization. Side Yard: Any lot line that intersects a front lot line, pursuant to the City of Crestview Land Development Code. Special Magistrate: The Special Magistrate is a licensed attorney and a member of the Florida Bar. The Special Magistrate has the authority to subpoena witnesses and records, order rulings on violations, assess fines and order liens to be placed upon property. Storage: The interim containment of litter in an approved manner, such as by use of roll -off containers, wire fencing, wood fencing or other controlled measures, after generation and prior to proper and final disposal. Unauthorized accumulation: The accumulation of litter on residential or commercial properties in violation of any of the provisions of this division. This shall not include building materials used in constructing or repairing a building or stored for future construction or repairs. Written corrective notice: A written statement issued to the violator of any of the provisions of this division, or an, identifying and specifying the violation, the date of issuance, the corrective measures to be taken and the date by which the correction is to be completed. Weeds: Plants that by reason of abandonment, lack of care or lack of maintenance choke outgrowth, or other plant material in the area. Dead, dying, or unattended plant life, named or unnamed, which is abandoned or overgrown to a height more than 12 inches in height shall, for the purpose of this code, be defined as a weed unless it is pristine. ARTICLE II — ENFORCEMENT; PENALTIES; ABATEMENT; NUISANCE CORRECTION. Unless stated otherwise, violations of this chapter are punishable as provided for in Article II. Imposition of the penalty provided in this section shall not prohibit a court from imposing civil penalties for violations of any of the provisions of this chapter, including, but not limited to, picking up litter or performing other labor commensurate with the offense committed. 38.2 - Enforcement Authority. The City of Crestview Police Department, and the Code Enforcement Division shall enforce this chapter. Police officers are hereby authorized to issue citations, court summonses, to make arrests, and to issue written corrective notices, to persons violating this chapter. Code Enforcement Officers are hereby authorized to issue written corrective notices and citations, in accordance with this chapter. 38.3 - Right of Entry by City. The City Manager or designee shall have the right to enter upon real property, and shall be immune from prosecution, civil or criminal, for trespassing upon such real property, in the discharge of the duties in removing, terminating, or abating a public nuisance as described in this Code. 38.4 - Illegal Litter Prosecution. Violation of any of the provisions of this chapter shall be initiated by the enforcement agency who witnesses such offense or has sufficient probable cause to believe that such offense has been committed, or who discovers Pace 11 of 155 an article of litter bearing the name or address of a person on the property of another, or on any public property. It shall be presumed that any article of litter discovered, is the property of such person whose name or address appears thereon, and that such person placed, or caused to be placed such article of litter on the property of another or public property. This presumption is based on the tenet that all generators of such litter are responsible for such litter until such time as it has been properly disposed of. 38.5 - Corrective Notice, Citations, to Abate Nuisances. Whenever the Code Enforcement Division, the Building Official, or any other authorized designee becomes aware of, or finds that any nuisance condition exists, it shall be their duty to immediately give written notice to the owner of the property. The notice shall be mailed by certified mail, by personal service, or by posting such notice on the property, directing such person to remove, terminate and abate such public nuisance within the time specified in the notice, with the time for compliance beginning on the date of the mailing, personal delivery, or posting as the case may be. The written notice shall include a sufficient description to identify the property upon which the public nuisance exists, a description of the public nuisance to be terminated, and a statement notifying the owner that if the property remains in violation after the specified time frame, a Citation may be issued, a Notice to Appear may be issued, a Public Hearing before the Special Magistrate may be held, or the City will cause the nuisance to be abated and all costs, fees including administrative costs, and the City shall cause a lien to be placed on the property for all such costs. If the certified mailing is not signed for by the property owner, or if the property is unoccupied, or vacant, then posting of the notice upon the property shall constitute sufficient notice to the owner, and no additional notice shall be required for 'any action pursuant to this chapter. Citations shall be issued pursuant to Chapter 24 of the City of Crestview's Code of Ordinances. All citations, notices, and court summons issued, shall be maintained by the issuing authority for public inspection during normal office hours. 38.6 - Remedy for Noncompliance with Corrective Notice. If a person served with a corrective notice fails to comply with the notice within the period stipulated, the council may cause the property to be cleaned up and the nuisance abated. The cost for such cleanup shall be billed and mailed via certified mail to the last known address of such owner. If such bill is not paid within thirty (30) days from the mailing date, the City shall cause a lien to be placed on the property for the amount expended on the nuisance abatement, including administrative costs, which amount shall accrue interest at the applicable prejudgment interest rate until the lien is satisfied. The lien shall contain the authority for the lien imposition; the legal description of the subject real property; the name of each title holder of record as of the date the lien is prepared, according to the records of the County Property Appraiser; and the amount of the lien itemized as to charges and costs. 38.7 - City Clerk Duties. The City Manager shall furnish a copy of the lien to the City Clerk who shall, upon receipt of such document: 1. Cause a copy of the lien to be entered in a book, which shall be prepared and kept for that purpose by the City Clerk. The book shall show the title holder of record, the amount of such cost, the date of completion of the work and a legal description of the property upon which the lien is placed. A certified copy of the lien shall be recorded in the official records of the County; and The original of the lien shall be kept on file as a public record in the office of the City Clerk. Pane 12 of 155 2. Upon entry of the copy of the lien into the lien book, cause a copy of the lien to be sent by certified mail, return receipt requested, to each title holder of record according to the records of the county property appraiser on the date the notice was mailed. 38.8 - Finality and Priority of Lien. The lien shall be effective and final against the real property upon which the work has been done from the time of entry of the copy of the lien into the lien book. Liens in the lien book shall take priority as of the time of the entry therein. With respect to liens recoded in the Official Records of Okaloosa County, lien priority shall be based on the time of recording unless otherwise required by applicable statutes. 38.9 - Payment and Enforcement of Lien. Each of the liens provided for in this action may be paid within ninety (90) days after the publication of the notice of assessment and lien without interest. Thereafter, the lien, including administrative costs and the cost of the publication of the notice of assessment and lien, together with interest at the applicable statutory rate for judgment as established in Section 55.03, Florida Statutes, and the costs of collection, shall be a lien against the property and shall be collected and enforceable in the same manner as is provided by law for the enforcement of other taxes levied upon the property. 38.10 - Rates and Charges. The City Manager or designee shall cause to be prepared a current schedule of rates, charges and costs that may be assessed by the City using its own equipment and personnel for abatement of public nuisances, as provided in this chapter, and shall file such schedule with the City Clerk. 38.11 - Judicial Proceedings for Nuisance Abatement. Whenever, in the judgment of the City Manager or designee, it is necessary for the City to obtain the assistance of the courts to remove, terminate or abate a public nuisance, and in all cases in which the person in possession of the property involved has refused the City Manager or designee entry upon such property, the City Manager or designee shall request that the Council commence and maintain all necessary actions in a court of competent jurisdiction to assist the City in carrying out its responsibilities under this chapter. Such actions may encompass any or all the following proceedings: 1. An application for an injunction or restraining order, whether temporary or permanent, to prevent a person from maintaining or continuing to maintain any of the conditions declared in this chapter to be public nuisances, or to compel a person to remove, terminate or abate a public nuisance as provided in this chapter or to compel the performance of any act specifically required of a person to remove, terminate, or abate a public nuisance; or 2. To empower the City Manager or designee to enter upon any property whereon a public nuisance exists or is maintained for the purpose of removing, terminating, or abating such nuisance and to prevent the person in possession of such property from interfering with the City Manager or designee while exercising this power in accordance with the court's order. 38.12 - Judicial Proceedings as Last Resort. Pace 13 of 155 The judicial remedies authorized to be sought by this section are in addition to the power of the City Manager to terminate public nuisances granted in this chapter. The Manager or designee shall, as much as possible, terminate public nuisances without recourse to the courts. 38.13 - Contractor as City's Agent. Whenever the City Manager has contracted with a private contractor to terminate a public nuisance, as provided in this chapter, the remedies authorized in this chapter to be sought for the City Manager or designee and the City may be sought by the City Manager or designee on behalf of the private contractor, to the extent that they are necessary to enable the private contractor to terminate the public nuisance. Sec. 38-14 — 38-15 Reserved. ARTICLE III - DECLARATION OF GENERAL NUISANCE. 38.16 - Purpose. The purpose of this Article is to establish minimum standards for the maintenance, upkeep, and appearance of improved or unimproved premises; to minimize impacts of construction; and to provide a just, equitable and practicable method to preclude: (a) Residential and commercial buildings, structures, and premises from causing and/ or endangering the life, limb, health, property, safety, or welfare of the public or their s; or (a) Diminished property values; or (b) Detracting from the appropriate appearance of the residential area, by way of example: (1) Failure to remove abandoned property, litter, or debris: or (2) Failure to cut and/ or remove the accumulation of weeds, grass, or uncultivated vegetation. 38.17 - Property Nuisances Prohibited. No person shall cause, permit, allow or suffer any of the conditions described in this section to occur or exist upon any lot, tract or parcel of land, improved or unimproved, or in any building thereon, in the City, to an extent and in a manner that such lot, tract or parcel of land or building is or may reasonably become infested with or inhabited by rodents, vermin, reptiles or wild animals, or may furnish a breeding place for mosquitoes, vermin or reptiles, or may threaten or endanger the public health, safety or welfare or where the condition of the unmaintained property will negatively impact the peaceful use or value of surrounding properties. Such conditions are hereby declared to be public nuisances and may be abated as such. 38.18 - Nuisance Conditions. A public nuisance includes, but is not limited to, the following actions or omissions: (a) Failure to maintain property in accordance with the standards set forth in this section or Code in general. (b) Accumulation or open storage of trash, debris, garbage, bottles, paper, cans, rags, dead plants, or trees, dead or decayed animal matter, fruit, vegetables, offal, tools, equipment, lawn and garden products, buckets, containers, appliances, household furniture, bricks, concrete, scrap lumber or any other refuse of any nature. Pane 14 of 155 (c) Any condition that provides harborage for rats, mice, snakes, other vermin, or pests except on pristine lots and in preserve areas. (d) Any building or structure which does not meet the requirements of the Code and is in such a dilapidated condition that it is unfit for human habitation or kept in such a structurally unsafe or unsanitary condition that is a menace to the health of people residing in the vicinity thereof or presents a fire hazard to the vicinity in which it is located. (e) All unnecessary or unauthorized noises and annoying vibrations, including animal noises, generators, and activities not germane to the zoning district. (f) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches. (g) Hazardous trees that potentially may fall on adjacent properties or rights of way shall be removed. (h) Any condition constituting a fire hazard. (i) Any worn-out, scrapped, partially dismantled, non -operative, unusable, or discarded materials or objects, such as motor vehicles or parts thereof, building materials, machinery, boats, or part thereof, trailers, or other such items. (j) The storage of any vehicle or boat, or parts thereof, without a valid current license plate or other registration certificate, showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located. Failure to have such license or other registration certificate specifically attached to the vehicle or part thereof shall be prima facie evidence that said property is worn-out, scrapped, non -operative, unusable, or discarded, as provided in this chapter. (k) Grass, weeds, and uncultivated vegetation: All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on improved property, including the area between the edge of the pavement in the street and the lot line. 38.19 - Duty of Property Owner. It shall be the duty of the owners, or other persons in control of property within the City to maintain their lot, tract or parcel and the abutting right-of-way but not including that area which is paved as roadway consistent with the standards set out in this title. 38.20 - Duties for Developed, Undeveloped Property. The owner, or person in charge or control of the property, developed or undeveloped, within the City shall cut down and remove all weeds, grass, and undergrowth on said property when said weeds, grass, or undergrowth exceeds twelve (12) inches in height. Said vegetative material growing in the abutting right of way shall not exceed twelve (12) inches in height for both developed and undeveloped properties. 38-21 General standards. (a) All vacant lots shall be free from potential fire hazards, to include but not be limited to dead trees, loose branches, and palm fronds. (b) All vacant lots, including the area between the edge of pavement in the street and the lot line, shall be kept free from dry vegetation, accumulation of weeds, grass, and uncultivated vegetation: (1) Which present a visual blight upon neighborhoods; or Pane 15 of 155 (2) Which may harbor insect or rodent infestations; or (3) Which may likely become a fire hazard; or (4) Which result in a condition which may threaten the health and safety or the economic welfare of abutting or adjacent property owners. (5) All grasses or weeds, and uncultivated vegetation, shall not exceed twelve (12) inches in height on vacant lots including the area between the edge of the pavement in the street and the lot line. (c) Motor vehicles are prohibited from parking on or driving across any portion of a vacant lot, except for: (1) Areas designated and approved by the Community Development Services Director: and (2)Where the owner of the vacant lot has given written permission to the vehicle owner or operator 38.22 - Preserve Areas. In preserve areas all maintenance requirements shall be determined by the department of environmental protection, except that the entire property shall be kept free of trash, debris, and litter. 38.23 - Landscape Materials. Landscape materials shall be maintained reasonably free of weeds and foreign matter and shall always be kept in reasonably healthy conditions. Landscaping shall be kept in accordance with the approved DO and upon CO. All dead material shall be removed. Hazardous trees that potentially may fall on adjacent properties or rights of way shall be removed. Sec. 38-24 — 38-29 Reserved. ARTICLE V - GRAFFITI NUISANCE. 38.30 - It shall be prohibited for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw graffiti of any type on any public or private building, structure or any other real or personal property. (a) It shall be prohibited for any person owning property, acting as manager or for the owner of the property, or in possession or control of the property to fail to remove or effectively obscure any graffiti upon any public or private building, structure or any other real or personal property. (b) This section shall not be construed to prohibit temporary, easily removable chalk or other water-soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with: (1) Traditional children's activities such as drawing, creating bases or a playing field for games such as stickball, kickball or handball, hopscotch, and similar activities, and any lawful business or public purpose or activity. (2) Any lawful business or public purpose or activity. ARTICLE VI - CONSTRUCTION SITE MAINTANENCE. Pane 16 of 155 38.31 - Development activity, grading or excavating of land, must receive prior approval before construction activity can proceed. 38.32 - All construction and demolition contractors, and owners shall provide onsite control measures for the storage of loose debris, paper, tar paper, packaging and crating materials and other litter to prevent wind -driven scattering of such materials if the materials are otherwise not properly disposed of daily. All litter tarpaper, packaging and crating materials and similar materials shall be removed within thirty (30) days after the completion of the construction or demolition. In the event of a failure to control construction debris resulting in litter, the Enforcement Authority may provide a written citation to the permit holder, property owner or both. 38.33 - Erosion and Sediment Control, Landscape Maintenance, Shrubbery, Plants, and Ground Cover: All premises shall be maintained in a condition to prevent erosion of soil by: (1) Landscaping with grass, trees, shrubs, other planted ground cover, silt fencing: or (2) Such other suitable means as shall be approved by the Building Official. (3) Where landscape plans have been specifically incorporated and approved in a Development Plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. (4) Failure to maintain erosion and sediment control may result in a written citation to the permit holder, the property owner, or both. 38.34 - Draining; Re -grading; Fill Required. Any lot, tract, or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant water standing thereon, or be in such other condition as to be susceptible to producing disease shall be drained, re -graded or filled by the owner in a manner approved by the city. 38.35 - Clay Pits; Storm water ponds; Caves; Depressions. The owner, lessor, or occupant of any real property in the City wherein there exists any clay pit, storm water ponds, cave, or other depression, so located and of such depth that a child might conceivably be drowned therein when such depression is filled with rainwater or other liquid, shall enclose the depression with a fence of a height of six feet or more, with a vertical mesh spacing not to exceed two inches. The enclosure shall be of such construction as not to be penetrable without the aid of tools or another mechanical device. The existence of any such depression not so protected is hereby declared to be a dangerous and attractive nuisance. Sec. 38.36 — 38.40 Reserved. ARTICLE VII — LITTER CONTROL. 38-41 - Areas to be Free of Trash & Debris. The property, and right-of-way shall be kept free of trash, debris, and litter. Sidewalks shall be kept free of trash, debris, or litter. Bushes, trees, and other vegetative matter shall not obstruct the public sidewalk or obstruct motorist's vision. Irrigation systems shall not overspray the public sidewalk. Pace 17 of 155 38-42 - Storage of Litter. (a) All commercial businesses shall store litter in containers to eliminate wind -driven debris. The number and size of receptacles for each commercial business shall be that number required to maintain a clean, neat, and sanitary premises. Spillage and overflow of litter around containers is a violation. (b) Commercial businesses shall provide and maintain litter containers adequate to contain litter generated from such business at its loading and unloading zones. (c) Commercial businesses open to the public shall provide and maintain containers adequate to contain litter generated from such business. (d) Every person in possession or in control of any place, public or private, where litter is accumulated or generated shall provide and maintain adequate and suitable containers capable of holding such litter until proper final disposal is accomplished. (e) Any accumulation of litter in or upon any property, vacant or improved, is deemed a nuisance, and is prohibited. Failure to remove the accumulation by the property owner, tenant, manager, or other person who owns, maintains, or controls any premises or portion thereof, whether improved or unimproved, is a violation. 38.43 - Unauthorized Disposal. No private property owner, tenant, or occupant shall grant permission to any person to dispose of litter on the property in any manner other than in permitted disposal sites. 38.44 - Disposal of Litter Required. Whomever generates litter in the city shall manage, store, handle, transport and dispose of it in accordance with the provisions of this Code. No person shall throw, discard, place, drop, or deposit litter in any manner or amount in or upon any public property, private property, highway, street, right-of-way, or body of water within the limits of the City, except in such containers specifically provided and designated for the disposal of litter, is a violation. Litter strewn by a pedestrian except at approved and permitted disposal sites is a violation. Litter ejected or discarded from a motor vehicle except at approved and permitted disposal sites is a violation. 38.45 - Materials, Objects Blown from Vehicles. An owner, or driver of a vehicle, from which any materials or objects have fallen, blown, leaked, sifted, or otherwise escaped, shall immediately cause the materials or objects on public property or private property to be cleaned up and shall pay any costs. 38.46 - Litter at Commercial, Public Establishments. The owners and operators of commercial establishments shall store their litter in a controlled manner to eliminate wind -driven debris and litter in and about their establishments, to include but not be limited to the following requirements: (a) The number and size of containers necessary for each commercial establishment shall be required to control all waste generated on the premises. Pa(P 1F1 of 155 (b) Spillage and overflow around containers shall immediately be cleaned up by the generator thereof as it occurs. (c) All commercial establishments shall provide adequate receptacles in the loading and unloading areas to store loose debris, paper, cardboard, packaging materials and similar materials. (d) Every person owning or operating a public establishment, or public place, shall have adequate receptacles available to contain litter generated. (e) Every person in possession, in charge of, or in control of any place, public or private, where litter is accumulated or generated, shall always maintain litter in adequate and suitable receptacles and/or containers capable of holding such materials until proper final disposal is accomplished. (f) No person shall keep an accumulation of litter on any property, vacant or occupied, on any premises, public street, alley, public or private. 38.47 - Responsibility for Surrounding Areas. Each operator owner, or operator of any business, industry, or institution, private or public, profit or nonprofit, shall keep the adjacent and surrounding areas clean of wind -driven litter generated from such business, industry, or institution. These areas include public property, roads, rights -of -way, grounds, parking lots, loading, and unloading areas and vacant lots owned or leased by such business, industry, or institution. 38-48 - Property exteriors. (a) Property exteriors shall be free of trash, litter, debris, packing boxes, lumber, construction material, solid waste, horticulture debris, salvage materials, appliances, machinery, equipment, and any furniture, excluding furniture specifically designed for outdoor use. Failure to maintain the premises in a clean, safe, and sanitary condition is a violation. The owner and operator shall keep that part of the exterior property subject to its control or occupancy in a clean and sanitary condition. (b) No owner, operator, or tenant shall maintain premises, private or open to the public, upon which litter is permitted, caused, allowed or existing in any manner as to be a sanitary nuisance. Sec. 38.49 — 38.54 Reserved. ARTICLE VIII — VEHICLE STORAGE. 38-55 - Outside storage of recreational vehicles. (a) Recreational vehicles shall not be lived in, slept in, or otherwise used as a residence or for residential or commercial purposes to include storage, except as provided in section 38-56 Temporary Use of Recreational Vehicles. (b) Recreational vehicles shall not be connected to any water or sanitary sewer line, or utility apparatus, except as provided in section 38-56 Temporary Use of Recreational Vehicles. (c) One Recreational vehicle may be stored on a parcel in a single-family dwelling district zoning, provided such recreational vehicle shall: (1) Any electrical service connection to a recreational vehicle shall be done in a lawful, safe, and secure manner in accordance with the manufacturer's specifications and applicable Florida Building Code. Pane 19 of 155 38-56 - Temporary use of recreational vehicles. (1) The parcel must be located within the single-family dwelling district zoning. (2) Prior to the occupancy of a recreational vehicle, a temporary use permit, which allows the recreational vehicle to be temporarily used in a residential capacity, must be obtained from the City of Crestview Building and Inspection Department. The temporary use permit is valid for 180 consecutive days, however, if the continuation of the construction elements is necessary for the structure to return to acceptable condition and there is a valid, open building permit for the construction activities, the temporary use of the vehicle may be continued via new permit or an extension of permit for an extension period of 90 days. The recreational vehicle shall be fully licensed and ready for highway use. Any electrical service connection to a recreational vehicle shall be done in a lawful, safe, and secure manner in accordance with the manufacturer's specifications and applicable Florida Building Code. (6) Any potable water connection to a recreational vehicle must be completed under the regulations and inspection of the public services department and must have the required backflow protection device installed prior to use. Recreational vehicles must be pumped out by a Florida licensed and bonded wastewater hauler or taken to a fully licensed wastewater receiving station. Under no circumstance, shall connection be made to any sanitary sewer service or any disposal of wastewater be disposed of in a manner inconsistent with this Code of Ordinances and Florida law. (8) The provisions of this section are not intended to, nor shall they be interpreted as in any way preempting the requirements of any private agreement and/or covenant. 38-57 - Recreational Vehicle Placement. Recreational Vehicles may be placed in the side and rear yards. Recreational Vehicles are prohibited from being placed in the front yard. Sec. 38.58 — 38.63 Reserved. (3) (4) (5) (7) ARTICLE VIIII - PROPERTY MAINTENANCE. 38.64 - General provisions. All premises shall be maintained in compliance with the standards in this section. (a) Maintenance: Equipment, systems, devices, and safeguards required by this chapter or a prior code under which the structure or premises was constructed, altered, or repaired shall be maintained in good working order. The requirements of this chapter are not intended to provide the basis for removal or abrogation of fire protection or safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures, and premises. (b) Existing remedies: The provisions in this chapter shall not be construed to abolish or impair other remedies of any local, State or Federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. Pane 20 of 155 (c) Requirements not covered by this chapter: The Building Official shall determine requirements necessary for the strength, stability or proper operation and general conditions acceptable for an existing fixture, structure or equipment not specifically covered by this chapter. (d) Deviation from chapter: Where practical difficulties are prohibitive in carrying out the provisions of this chapter, the Building Official has the authority to grant modifications for individual cases. The modification must comply with the intent and purpose of this chapter and shall not lessen health, life, and fire safety requirements. The basis for granting modifications shall be recorded and entered in the department files. (e) Compliance: It shall be the duty of every owner and operator of improved or unimproved property within the City to comply with the requirements set forth in this chapter. No permit or certificate of occupancy shall be issued unless there is compliance with all applicable sections of this chapter. No premises or building, or combination, shall be used in a manner inconsistent with or in conflict with the requirements of this chapter. (f) Conflict with other codes: The provisions of this chapter shall apply to all buildings, structures or premises in existence or built within the City limits or annexed therein. Where the provisions of this chapter impose a standard different than that set forth in any other ordinance of the City or under the laws of the State, the most restrictive standard shall prevail. (g) Building Permits: Prior to commencing work to correct a violation as described in section 38.47 below, a building permit, or approval from the Building Official is required. Failure to obtain a building permit is punishable by Florida Statute 553. 38.65 - Standards for Improved Property. (a) Foundation: The building foundation system shall be adequately maintained and capable of supporting the load for which it was designed. (b) Wood supports shall be sound and free from insect infestation and rot. (c) Metal supports and connections shall be free from rust and the equivalent of new supports. (d) Skirting shall be maintained free from broken or missing sections, pieces, or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure. (e) Exterior walls: Exterior walls of buildings shall be: (f) (1) Maintained free from holes, breaks, and loose or rotting materials: and (2) Maintained, weatherproofed and surfaces properly coated as needed to prevent deterioration. Decorative features such as cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. Windows: (1) Every window shall be maintained in sound working condition and good repair to be substantially weather -tight and rodent -proof. (2) Openings originally designed as windows shall be maintained as windows unless approved by the Building Official for enclosure. The enclosure of a window shall be by either bricking the opening, blocking the opening with concrete blocks, and stuccoing the exterior or boarding the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to conform to the other exterior portions of the building. The boarding shall Pane 21 of 15S not remain for a period of more than 90 days from the date of the initial violation. When an act of God, such as a hurricane or tornado, the City Manager may extend the time as needed. (g) Shutters: All shutters shall be maintained in good repair and securely attached to a structure. Peeling paint or preservatives is prohibited. (h) Exterior doors: Every exterior door and hatchway or garage door shall be kept in sound working condition and good repair. (i) Exterior doorframes and storefronts: Exterior doorframes and storefronts shall be maintained in good condition. All moldings shall be securely attached to the structure and maintained in good condition without splitting or deterioration. (j) Exterior surface treatment: All exterior surfaces, including by way of example and not limitation, doors and window frames, cornices, porches, decks, trim, balconies, fences, and docks, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective treatment. Peeling paint is prohibited and surfaces shall be repainted. All metal surfaces shall be coated to inhibit rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated. (k) Structural supports: Every structural element of a dwelling shall be maintained in a structurally sound condition and shall not show evidence of deterioration that would make it incapable of carrying normal loads. (1) Porches and balconies: All exterior porches, balconies, stairs, and fire escapes shall include banisters or railings properly designed and maintained to minimize the hazard of falling and installed to withstand the loads prescribed by the Florida Building Code. All exterior porches, landings, balconies, stairs, and fire escapes shall be kept structurally sound, in good repair and free from defects. Paint and other finishes shall be in good condition. (m)Stairs: All stairs shall be maintained safe and free from tripping hazards. Treads shall be sound, without broken or chipped edges. Wooden stairs shall be free from decay or substantial wear that could cause a tripping hazard or have an unsightly appearance. Handrails and guardrails shall be maintained to withstand loads prescribed by the Florida Building Code. (n) Roofs: Roofs shall be maintained in a structurally sound and safe manner. Roofs shall be repaired using like materials to existing materials. (o) Gutters and downspouts: Gutters and downspouts shall be maintained in good repair, and securely installed. Water run-off shall be contained on the property and shall not run-off onto adjacent properties. (p) Chimneys, flues, and vent attachments: Chimneys, flues, and vent attachments shall be maintained in a structurally sound manner, free from defects to capably perform the functions for which they were designed. (q) Overhang extensions: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and properly anchored to remain in sound condition. All exposed surfaces of metal or wood shall be protected from the elements, decay, or rust. For properties located in the Downtown Overlay District, any commercial awning in disrepair must be repaired to original condition. Awnings in this district may not be removed but must be repaired. In the event the original material cannot be located, the property owner must obtain a permit and replace with a similar product. (r) Insect screens: All windows and other outside openings required for ventilation of food preparation areas, food service areas, or any areas where products utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than Pane 22 of 155 sixteen (16) mesh per twenty-five (25) mm. Every swinging door shall have a self -closing device in good working condition. (s) Accessory structures: Garages, storage buildings and all other accessory structures shall be maintained and kept in good repair and sound structural condition. (t) Swimming pools: No person owning, operating, or having possession of any property within the city shall allow the accumulation of stagnant water. All swimming pools, spas, architectural pools, ponds, or bodies of water shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or to become polluted. Pools and spas shall be kept in working order, and the water quality shall be such that it does not create a breeding ground for mosquitoes or other insects. Roofs or other structures, or improvements designed for the retention of water are exempt from this section but shall be subject to the design capabilities of a said roof, structure, or improvement or other governing codes. (u) Rodent harborage: All structures and exterior premises shall be kept free from rodent harborage and infestation. Where rodents are found, the owner shall promptly exterminate rodents through a process which will not be injurious to human health. (v) Exterior lighting: All outdoor lighting shall comply with the following: (1) Non -vehicular light sources that shine into the eyes of drivers of vehicles or pedestrians which could impair safe traverse are prohibited. (2) All lighting shall be shielded and aimed at the owner's premises, or sidewalk and street abutting the premises. (w) Fences and walls: Fences and walls shall be maintained in a safe and structurally sound condition, in good repair with the surface coated or painted. Fences shall be free from loose or rotting materials. Metal fencing shall be free from rust or deterioration. Floors, interior walls, and ceilings: All floors, interior walls and ceilings of every structure shall be maintained in a structurally sound manner and in a condition consistent with its use 38.66 - Accessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures attached or unattached, to the principal structure, which are found by the Building Official to be structurally deficient, shall be repaired or demolished within the timeframe set by the Building Official. Maintenance of accessory structures shall comply with the following: (a) The exterior of the building and premises to include but not limited to parking areas and landscaped areas shall be maintained in a sound, clean and neat condition. (b) Signs shall be maintained in good condition. Where the sign structure remains, the sign faces are to be replaced with blank panels (permit required). The design and color are subject to approval by the Building Official. (c) All advertising structures, awnings and accompanying supporting members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of an advertising structure, such as a sign, all supporting members shall be removed. Awnings must be repaired or replaced to original condition. Where supporting members have been left from sign removal prior to adoption of the ordinance from which this chapter is derived, such supporting members shall be removed PAM) 23 of 155 within three (3) months of the effective date of such ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks, or other parts of the public right-of-way. (d) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. 38.67 - Responsibilities of owner and operator. It shall be the duty and responsibility of the operator and the owner to ensure compliance with the following: (a) All parts of the premises under the control of the owner or operator shall be maintained in a safe and sanitary condition consistent with the business use. (b) The owner or operator shall not perform any acts: (1) Which render other parts of the premises unsafe or unsanitary: (2) Which obstruct any adjacent owner or operator from performing any duty required or maintaining the premises in a safe and sanitary condition. (c) Every owner or operator shall eliminate infestation of rodents or insects in and on the premises subject to the owner's or operator's control. (d) Every owner or operator shall maintain all plumbing fixtures in a safe and sanitary condition. (e) Upon learning of a defect or inoperable status of any facility, utility or equipment required under this chapter, which is the owner's responsibility, the operator shall provide written notice to the owner. 38.68 - General maintenance. (a) Nuisances and hazards: Premises shall be maintained free of nuisances and any hazards to the safety of the customers or persons utilizing the premises or to pedestrians passing by. (b) Walls exposed because of demolition: Where a wall of a building is exposed because of demolition, the owner of the building shall have the wall with its doors, windows, vents, or other similar openings closed with material of the type composing the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stucco or bricked, and weatherproofed, if necessary, based on construction material, to prevent deterioration of the wall. (c) Storage of flammable or combustible materials: There shall be no storage or accumulation of flammable or combustible liquids or other materials on the premises and only in such quantities prescribed by the regulations. (d) Abandoned curb cuts: Where curb cuts are abandoned due to new construction or change of access by the owner, the curb cut shall be closed and replaced in accordance with the requirements of the Land Development Code, curb, and gutter design to match original. (e) Sidewalks or curbs damaged by delivery vehicles: Damage to public sidewalks or curb and gutter located in the public right-of-way shall be repaired or replaced by the owner at no expense to the City when such damage is caused by vehicles making deliveries to the commercial premises. 38.69 - Applicability of standards to vacant buildings; securing vacant buildings. The provisions of this chapter that apply to the exterior premises include vacant structures. Vacant structures are not required to comply with the interior requirements of this chapter. All vacant structures shall be secured to prevent the entry of unauthorized persons or the formation of nuisance conditions. Securing a vacant structure may include boarding of the building, for a limited time not to exceed 90 days, as determined by the Building Official. If required by the Building Official, windows and doors shall be boarded by the owner and the boarding Pane 24 of 155 shall be maintained to keep the building secured. The design and color of boarding is subject to approval by the Building Official and shall be designed so that the building does not appear to be abandoned. 38.70 - Unsightly conditions. The following conditions are hereby deemed to be unsightly conditions and are prohibited. The following conditions are prohibited on any premises in the City: (a) Structures that are: (1) Partially destroyed; or (2) Left in a state of disrepair; or (3) Left in a state of partial construction beyond the valid timeframe of the permit. (b) Abandoned or broken equipment; broken or discarded furniture and household appliances in visible yard areas. (c) Building exteriors in a condition of deterioration or disrepair such that the condition causes measurable diminution of surrounding property values. (d) Garbage and trash containers stored in a manner visible from the street. (e) Prior to issuance of a demolition permit for a building where commercial activity is a permitted use, performance bond or equivalent security shall be filed with the City, or a letter of credit may be submitted to the City Manager for approval, in the amount defined below. (1) Total demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris and grading the lot in compliance with the Land Development Code; or (2) Partial demolition: The amount to demolish the building, and remove all debris from the site, and disposal cost for the debris, grading the lot and the cost of additional construction or reconstruction so the exterior of any partially demolished building or building abutting an adjacent building that results in repair or reconstruction complies with this chapter and the Florida Building Code, as amended. (0 Where buildings in any zoning district are destroyed by fire, disaster or other acts of God, the requirements of this section and the Land Development Code shall apply. Pane 25 of 155