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2054 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.