HomeMy WebLinkAbout2054 ORDINANCE NO. 2054
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 6, BUILDINGS, SECTION 6-16
THROUGH 6-18 TO PROVIDE FOR POSTING AND
PUBLICATION AS AN ADDITIONAL METHOD OF NOTICE
TO OWNER IN CONDEMNATION MATTERS; AND
CREATING SECTION 6-20 OF THE SANFORD CITY
CODE TO PROVIDE FOR EMERGENCY POWERS FOR
CASES INVOLVING IMINENT DANGER TO HUMAN LIFE
OR HEALTH; PROVIDING FOR SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, it is the desire of the City CcEamission of
Sanford, Florida to amend Chapter 6, 6-16, 6-17 and 6-18 of the
Sanford City Code; and,
WHEREAS, it is the desire of the City Commission of
Sanford, Florida to create Section 6-19 of Chapter 6 of the
Sanford City Code.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY
OF SANFORD, FLORIDA:
SECTION 1: Chapter 6, Section 6-16 is amended to read
as follows:
Sec. 6-16. Periodic inspection of buildings;
n"~Ice of condemnation; hearing. The
~'6~ng ~'
inspector and the' fire chief are
hereby required to periodically inspect all
buildings and structures within the city, and
if such officials find any building, or
structure to be in a dilapidated, unsanitary
or unsafe condition, shall report such fact
in writing to the city commission, specifying
in detail the condition of said building or
structure. The city commission shall
thereupon determine whether or not a public
hearing shall be held to condemn such
building or structure, and in the event the
city commission determines such hearing will
be held, it shall order placed upon such
building or structure a notice of
condemnation in essentially the form marked
Exhibit "A" and attached to Ordinance No. 768
on file in the city clerk's office, and
simultaneously therewith direct to be
delivered to said owner or owners, or any one
owner, either in person or by certified or
registered mail to the last known address as
shown by the tax assessment rolls of the
county, a notice to the owner of the property
involved, that said building or structure
thereon has been found by officials of the
city to be in a dilapidated, unsanitary or
unsafe condition, and that the city intends
to condemn the same. Such notice shall
further provide that a hearing will be held
before the city commission at a stated time
and at a stated place, and that at such time
and place a full determination will be made
by the city commission as to the condition of
said building or structure. If the owner or
owners cannot be located for personal
delivery or receipt of certified or
registered mail of said notice, after
reasonable inquiry, then a copy of said
notice shall be posted in a conspicuous place
upon said building or structure, and said
notice shall be published once a week for two
(2) consecutive weeks in a newspaper of
general circulation within the city, and such
service shall be deemed sufficient to show
that the notice requirements of this section
have been met without regard to whether or
not the property owner actually received such
notice. The property owner at said hearing
shall have a full opportunity to be heard and
to present such evidence as the owner sees
fit. At the time and place of such hearing
the city commission shall hear all evidence
produced and determine whether or not said
building or structure shall be condemned.
(Ord. No. 764, Sec. 2, 1-22-62; Ord. No.
1339, §1, 5-24-76)
SECTION 2: Chapter 6, Section 6-17 of the Sanford City
Code is amended to read as follows:
Sec. 6-17. Certification to owner; ~or
remova.'IT'If the city com~ssion determ~n~
upon full hearing as provided in section 6-16
that such building or structure should be
condemned, such fact shall be certified in
writing to the property owner including
reasonable specifications as to the
deficiencies justifying such condemnation and
the property owner shall be given a
reasonable time, according to the size,
condition and location of such building or
structure, in which to cause the building or
structure to be demolished and removed or
placed in a state of sound repair pursuant to
and in conformance with all applicable
sanitary, electrical, plumbing and fire codes
in force in the city, and in the event of
failure on the part of the property owner
within such time period to effect the
demolition and removal or repair, then such
building or structure will be demolished and
removed by the city and the cost of the same
assessed as a lien against the land. Said
notice shall be delivered to the property
owner or owners, or any one owner, either in
person or by certified or registered mail to
the last known address as shown by the tax
assessment rolls of the county. If the
property owner cannot be located for personal
delivery or receipt of certified or
registered mail of said notice, after
reasonable inquiry, then a copy of said
notice shall be posted in a conspicuous place
upon said building or structure, and said
notice shall be published once a week for two
(2) consecutive weeks in a newspaper of
general circulation within the city, and such
service shall be deemed sufficient to show
that the notice requirements of this section
have been met, without regard to whether or
not the property owner actually received such
notice. A certificate of condemnation in
Ordinance No. 2054 -2-
essentially the form marked Exhibit "B" and
attached to Ordinance No. 768 on file in the
city clerk's office shall be placed upon the
building or structure certifying that the
s~ae is condemned and a Notice of
Condemnation to all interested persons shall
be recorded in the public records of Seminole
County. No condemned building or structure
shall be occupied or used for any purpose
during the period of time the same is
condemned. (Ord. No. 768 §3, 1-22-62)
SECTION 3: Chapter 6, Section 6-18 of the Sanford City
Code is amended to read as follows:
If within the time stated in the notice
provided for in section 6-17, the property
owner fails to demolish and remove or repair
such condemned building or structure, and has
not shown cause before the city commission
which justifies an extension of time, the
city commission shall forthwith cause such
building or structure to be demolished or
removed by the city and the cost of the same
assessed as a lien upon the land. The city
may enforce its lien and maintain a personal
action against the property owner or owners
at the same time to recover such cost and any
and all interest accrued thereon. In any
suit by the city either at law or in equity
for the collection of the amount of said
lien, the city shall be entitled to recover
its actual costs and attorney's fee for the
suit and said costs and attorney's fee shall
also become a lien upon said land. Any lien
for costs and fees incurred pursuant to
Chapter 6, Article II Section 6-15 through 6-
20, Sanford City Code, shall constitute a
lien against the premises to the same extent
and character as the lien for special
assessments, and with the same penalties,
rights of collection, foreclosure, sale and
forfeiture as obtained for special assessment
liens.
SECTION 4: Chapter 6, Section 6-19 is created to read
as follows:
Sec. 6-20. Emergency Powers. The building
o"F~cia'i"~hall have th'~'~'~r to promptly
cause a building, structure or portion
thereof to be made safe or cause its removal
in cases of emergency which have been
determined to involve imminent danger to
human life or health. For this purpose he
may at once enter such structure or land on
which said structure stands or abutting land
or structures with such assistance and at
such cost as he may deem necessary. He may
order the vacation of adjacent structures and
may protect the public by appropriate fencing
or such other means as may be necessary, and
for this purpose may close a public or
private way. All costs incurred by the city
pursuant to this section shall be assessed
and enforced as stated in Section 6-18.
Ordinance No. 2054 -3-
SECTION 5: If any section or portion of a section Of
this ordinance proves to be invalid, unlawful or
unconstitutional, it shall not be held to impair the validity,
force or effect of any other section or part of this ordinance.
SECTION 6: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby revoked.
SECTION 7: That this ordinance shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this day of ,
A.D. 1989.
ATTEST:
e ~ty Commission of the
City of Sanford, Florida.
Ordinance No. 2054
-4-
CERTIFICATE
I, Janet R. Donahoe~ City Clerk of the C~ty of
Sanford, Florida, do hereby cer't~fy that a true and
correct copy of the foregoing Or'd~nance No. 205~,
PASSED AND ADOPTED by the City Commission of the C{ty
of Sanfor'd~ Flor'~da, on the 28th day of August, 1989,
was POSTED at the front door' of the C~ty Hall {rl the
C~ty of Sanford, Flor'~da, on the 1st day of September',
1989.
Zn witness whereof, I have hereunto set my hand
and the official seal of the City of Sanford, Florida,
this 1st day of September', 1989.