2077 ORDINANCE NO. 2077
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAPTER 6, BUILDINGS, SECTION 6-15,
6-16, 6-17, 6-18 AND 6-19 RELATING TO UNSAFE
OR UNSANITARY BUILDINGS; TO PROVIDE FOR THE
CONDEMNATION OF UNINHABITABLE STRUCTURES;
CREATING SECTION 6-17 TO ESTABLISH A
DEFINITION OF UNINHABITABLE STRUCTURES;
PROVIDING CRITERIA FOR DETERMINATION OF
CONDEMNATION; RENUMBERING SECTIONS 6-17, 6-18
AND 6-19; CREATING SECTION 6-22 TO PROVIDE
FOR APPEALS TO CIRCUIT COURT; DEFINING COSTS
TO INCLUDE ADMINISTRATIVE COST; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford
hereby finds that in recent years and at present an increased
number of uninhabitable structures exist, the maintenance of
which is often neglected by the owners thereof. These
uninhabitable structures often become open, unsecured, or
vandalized, resulting in conditions that are unhealthy, unsafe,
unsightly, and blight upon the neighborhood and community at
large, and;
WHEREAS, the City Commission finds that said structures
are often used for the distribution and consumption of narcotics
and other controlled substances thereby constituting a health and
safety hazard to the neighborhood and community at large, and;
WHEREAS, the City Commission further finds that the
demolition of uninhabitable structures will improve the security
and quality of life in general of the persons living nearby, the
neighborhood and the community at large and that the demolition
of uninhabitable structures will prevent blight and decay, and
will safeguard the public health, safety, morals and welfare,
and;
WHEREAS, it is the desire of the City Commission to
protect the health, safety, morals and welfare of all the people
of the City of Sanford, Florida, by establishing standards
governing the demolition of uninhabitable structures; authorizing
and establishing procedures for the demolition of the same and
setting forth a procedure for enforcement by prohibiting human
habitation in and ordering the demolition of structures found to
be uninhabitable.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY
OF SANFORD, FLORIDA:
SECTION 1: Chapter 6, Section 6~15 is amended to read
as follows:
Sec. 6-15. Authority to condemn.
The city commission is authorized to
condemn and order to be demolished and
removed, or to be put in a sound state of
repair, any and all buildings and structures
within the city found to be in a dilapidated,
unsanitary, unsafe or uninhabitable
condition.
SECTION2: Chapter 6, Section 6-16 is amended to read
as follows:
Sec. 6-16. Periodic inspection of buildings;
notice of condemnation; hearing.'
(1) The building official and the fire
chief, or their designees, are authorized to
periodically inspect buildings and structures
within the city, and if such officials find
any building, or structure to be in a
dilapidated, unsanitary, unsafe or
uninhabitable 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, 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, unsafe or uninhabitable
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
--2--
Ordinance No. 2077
registered mail of said notice, after
reasonable inquiry, then 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.
(2) 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 pursuant to the
Standard Housing Code prepared by the
Southern Building Code Congress for
residential property or the Standard Building
Code prepared by the Southern Building Code
Congress for non-residential property and
included but not limited to applicable
sanitary, electrical, plumbing, gas,
mechanical and fire codes in force in the
city whether or not said building or
structure shall be condemned. (Ord. No. 764,
Sec. 2, 1-22-62; Ord. No. 1339, Sec.1, 5-24-
76)
SECTION 3: Chapter 6, Section 6-17 is created to read
as follows:
Sec. 6-17. Uninhabitable Buildings or
Structures.
(1) A building or structure shall be
uninhabitable when:
(a) it is visited by persons for the
purpose of unlawfully procuring or using any
controlled substance, as defined under
chapter 893 of the Florida Statutes, or any
drugs, as defined in chapter 499 of the
Florida Statutes, or
(b) it is used for the illegal keeping,
selling or delivering of such controlled
substances or drugs, or;
(c) it is found to have one or more of
the following characteristics:
(i) it is vacant, unguarded and open at
doors or windows,
(ii) there is an unwarranted
accumulation of debris or other
combustible material therein,
(iii) the structure's condition creates
hazards with respect to means of egress
and fire protection as provided for the
particular occupancy,
--3--
Ordinance No. 2077
(iv) there is a falling away, hanging
loose or loosening of any siding, block,
brick, or other building material,
(v) there is deterioration of the
structure or structural parts,
(vi) the structure is partially
destroyed,
(vii) there is an unusual sagging or
leaning out of plumb of the structure or
any parts of the structure and such
effect is caused by deterioration or
over-stressing,
(viii) the electrical or mechanical
installations or systems create a
hazardous condition, or
(ix) an unsanitary condition exists by
reason of inadequate or malfunctioning
sanitary facilities or waste disposal
systems.
2. A building or structure shall be
presumed to be utilized for the purposes set
forth in (1)(a) or (b) above when there are
one or more arrests or police reports of
incidents which involve the keeping,
consumption, or delivery of controlled
substances or drugs on the premises of the
subject building or structure.
3. A building or structure found to be
uninhabitable as provided herein shall be
subject to demolition.
SECTION4: Chapter 6, Section 6-17 is renumbered to
Section 6-18 and is amended to read as follows:
Sec. 6-18. Order of Condemnation to owner;
repair or remov"~I?. .........
If the City Commission determines upon
full hearing as provided in section 6-16 that
such building or structure should be
condemned, such fact shall be stated 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 the Standard Housing
Code prepared by the Southern Building Code
Congress for residential property or the
Standard Building Code prepared by the
Southern Building Code Congress for non-
residential property and included but not
limited to applicable sanitary, electrical,
--4--
Ordinance No. 2077
plumbing, gas, mechanical and fire codes an
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
Order of Condemnation 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. The lack of a signed returned
receipt shall not constitute a failure to
notify owners or interested parties. Service
shall be deemed complete upon mailing. The
Order of Condemnation shall be recorded in
the public records of Seminole County. The
recordation of said Order of Condemnation as
herein provided shall constitute notice to
any subsequent purchasers, transferees,
grantees, mortgagors, mortgagees, lessees,
lienors, and all persons having, claiming or
acquiring any interest in the property
described therein, or affected thereby. No
condemned building or structure stating that
the same is condemned 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 5: Chapter 6, Section 6-18 is renumbered to
Section 6-19 and is amended to read as follows:
Sec. 6-19. Demolitionby City; lien.
If within the time stated in the Order
of Condemnation provided for in section 6-18,
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
order such building or structure to be
demolished or removed by the city and the
actual cost including administrative 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,
"5'-
Ordinance No. 2077
rights of collection, foreclosure, sale and
forfeiture as obtained for special assessment
liens.
SECTION6: Chapter 6, Section 6-19 is renumbered to
Section 6-21.
SECTION 7: Chapter 6, Section 6-20 is amended to read
as follows:
Sec. 6-20. Emergency Powers.
The building official shall have the
power 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 6-19.
SECTION 8: Chapter 6, Section 6-22 is created to read
as follows:
Sec. 6-22. Appeals.
An aggrieved party may appeal a final
order of the City Commission to the circuit
court. Such an appeal shall not be a hearing
de novo but shall be limited to appellate
review of the record created before the city
commission. An appeal shall be filed within
20 days of the execution of the order to be
appealed.
SECTION 9: 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.
SECTION10: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby revoked.
--6--
Ordinance No. 2077
SECTION 11: That this ordinance shall become effective
immediately upon its passage and adoption.
PASSED AND ADOPTED this/~ .... day of ---
A.D. 19~Q-.
,CERTIFICATE
I, Janet R. Donahoe, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 2077, PASSED AND ADOPTED by the City
Commission of the City of Sanford, Florida, on the 12th day of
mebruary, 1990, was posted at the front door of the City Hall in
the City of Sanford, Florida, on the 13th day of February, 1990.
In witness whereof, I have hereunto set my hand and the
Dfficial seal of the City of Sanford, Florida, this 13th day of
~ebruary, 1990o
A~tyC~erk of he
City of Sanford, Florida.
--7--
Ordinance No. 2077