ORDINANCE NO. 14-28

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BAY

COUNTY, FLORIDA ADOPTING AMENDMENTS TO CHAPTER 7 OF THE CODE,

ARTICLE 1, ABATEMENT OF CODE VIOLATIONS, JURISDICTION OF THE CODE

ENFORCEMENT BOARD, AUTHORIZING THE CODE ENFORCEMENT OFFICER TO TAKE ACTION WHEN VIOLATIONS PRESENT AN IMMEDIATE THREAT TO

PUBLIC SAFETY, ADOPTING AMENDMENTS TO CHAPTER 17 OF THE CODE

ARTICLE II, NUISANCES, DEFINING NUISANCES, PROHIBITING NUISANCES,

ADOPTING AMENDMJ?NTS REGARDING BLIGHTED PROPERTY, DEFINING

BLIGHTED PROPERTY, PROHIBITING BLIGHTED PROPERTY, REPEALING AND

RENUMBERING CODE PROVISIONS, PROVIDING FOR SEVERABILITY,

INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners

of Bay County, Florida as follows:

SECTION 1. Chapter 7, Codes Enforcement, Nuisances, Article I In General, is

amended with additions being identified as underlined text and deletions as

strikethroughs as follows:

Sec. 7-29. Jurisdiction.

(a) The codes enforcement board shall have jurisdiction to hear and decide alleged

violations of all codes and ordinances, including land development regulations, in force

in the county :..J including, but not limited to:

(1) Pafking.

(2) Fife pFevention.

(3) Littef Nuisances.

(4) JunkyaFds.

(5) House numbefing.

(6) Right of way contfol.

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(7) Alcoholic beverage.

(8) Off premises signs.

(9) Beach control.

(10) Bay County Building Code.

(11) Hazardous waste.

(12) Subdivisions.

Sec. 7-34. Abatement of Code Violations

(a) Upon a finding of a violation of the code that needs to be abated, the enforcement

officer shall first notify the violator in writing and give such person a reasonable time to

abate the violation, not exceeding ten calendar days.

(b) Should the violation continue beyond the time specified for correction in the notice,

the code enforcement officer shall issue a citation to the violator which shall order the

violator to abate the violation.

( c) The code enforcement officer shall also notify the codes enforcement board and

request a hearing pursuant to the procedure set forth in section 7-31. Written notice of

such hearing shall be provided in accordance with section 7-38.

(d) If the code enforcement officer has reason to believe that the violation presents a

serious threat to the public health, safety, and welfare or is irreparable or irreversible in

nature, the code inspector enforcement officer shall make a reasonable effort to notify

the violator and may immediately notify the codes enforcement board and request a

hearing.

(e) If the code enforcement officer has reason to believe that the violation presents an

immediate threat to public safety, the code enforcement officer may, without actual

prior notice or hearing, promptly take action to protect public safety. The code

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enforcement officer shall thereafter notify the owner of the right to request a hearing

pursuant to this Article. The costs of such action shall be assessed in accordance with

this Article.

W (f) The public hearing shall be conducted in accordance with section 7-31. If the

enforcement board finds that the violation has not been abated and that a violation of

the code has occurred, the board shall issue findings of fact based on evidence in the

record and conclusions of law. The board may further impose a fine and issue an order

providing that the violation be abated by county officials, or vendors authorized by Bay

County for such purpose, and shall establish a reasonable time for abatement to occur.

A copy of the order shall be mailed to the violator and the owner of the property as

identified in the public records of Bay County within ten days after the hearing and a

copy shall be provided to the code enforcement officer.

tit (g) The reasonable cost of such abatement, and all incidental costs, shall be in

addition to, and included in, any fine imposed by the code enforcement board, and such

order shall be issued by the codes enforcement board after a hearing held pursuant to

section 7-31, and shall constitute a lien against the land on which the violation exists

and upon any other real or personal property owned by the violator, pursuant to F.S. §

162.09.

fg) (h) After the lien is imposed, the County may assess the reasonable cost of abating

the violation against the property pursuant to the Uniform Assessment Collection Act

and Chapter 21 of this Code. If the County adopts an assessment against the property,

the portion of the lien that constitutes the reasonable cost of abatement shall be released.

fg) (i) The violator or owner of the property may at any time appeal an order of the

codes enforcement board issued pursuant to this subsection pursuant to section 7-36 of

this Code, however, such appeal shall not act to stay an order of abatement.

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SECTION 2. Chapter 17, Nuisances, Article I is hereby adopted to add the

following provisions:

Sec. 17-1. - Definitions.

Accumulation of undergrowth shall mean any grass, accumulation of invasive plants,

weeds, vegetation, undergrowth, or other plant which is untended and which exceeds

one foot in height.

Graffiti means any unauthorized inscription, letter, word, number, figure, design,

symbol, mark, picture, painting or other defacement that is written, marked, etched,

scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface

of public or private property, to the extent that the graffiti was not authorized in .

advance.

Junk or abandoned motor vehicle or watercraft shall mean more than one motor vehicle,

car, truck, trailer, or watercraft which is not under current registration with the Florida

Department of Motor Vehicles or which by outward appearance is not operable, and

which is on private property or within a public right of way, and is viewable from

adjacent private or public property, and is not within an enclosed building.

Structure shall mean that or a part thereof which is built, constructed or under

construction, rehabilitation or repair, and shall include the buildings, trailers, mobile

homes, manufactured buildings, docks, piers, sea-walls, retaining walls, drainage or

stormwater facilities, fences, signs, and towers, and shall include electrical, gas,

mechanical, and plumbing equipment, as well as the premises.

Unfit shall mean unsanitary or improper for the use or occupancy for which it is

intended, or not meeting minimum requirements of this Code.

Unsafe shall mean constituting a danger to the health, safety or welfare of

occupants or any member of the public due to improper condition, work, design,

structural instability, inadequate exits, fire damage, fire hazard, exposure to weather,

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intrusion of moisture or mold, structural decay, dilapidation, obsolescence,

abandonment, or infestation by insects or vermin, and includes any structure not

meeting the minimum requirements of this Code.

Nuisance shall mean any of the following:

(1) Any public nuisance known at common law or in equity jurisprudence or as

provided by any state or federal statutes or County ordinances, including this chapter.

(2) Any unsafe or unfit structure.

(3) Any blighted property.

(4) Any accumulation of rubbish, trash, refuse, junk, unscreened construction or

demolition debris, unscreened, unused personal property, disabled, dilapidated,

deteriorated or junk or abandoned motor vehicles or watercraft or parts thereof, vessels,

metals, plastics, glass, lumber, wood or other materials.

(5) Any excessive accumulation of undergrowth upon any developed or improved

property.

(6) Any "attractive nuisance" or condition which may prove detrimental to the

health and safety of children, whether on an improved or unimproved lot, tract or

parcel of land including, but not limited to, unsecured swimming pools, wells, shafts,

excavations, or appliances.

(7) The carcasses of animals not disposed of within a reasonable time after death.

(8) Any building, structure or other place or location where any activity in violation

of local, state, or federal law is conducted, performed, or maintained.

(9) Any accumulation of stagnant water or sewage maintained on any improved or

unimproved property.

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(10) All disagreeable or obnoxious odors and stenches, as well as the conditions,

substances or other cause that give rise to the emission or generation of such odors and

stenches.

(11) Any graffiti existing on real property.

(12) For the purpose of this article, the term "nuisance" shall also include any

condition or use of premises or of building exteriors which is detrimental to the

property of others or which causes or tends to cause substantial diminution in the value

of other property in the neighborhood in which the premises are located.

Sec. 17-2. - Prohibitions.

Any person who causes, creates, maintains or allows any act, occurrence, or

existence of any condition deemed a nuisance shall be in violation of this Article and

shall be subject to the processes and penalties under Chapter 7 of this Code.

SECTION 3. Chapter 17, Nuisances, Article II, Blighted Property is adopted as

follows:

Sec. Title. This article shall be known as the Bay County Blighted Property Code.

Sec. Blighted property defined. A structure shall be deemed blighted if its condition

threatens life or puts the health or safety of occupants or the public at risk, or if any of

the following conditions exist:

a. Siding and masonry joints, including joints between the building envelope

and the perimeter of windows, doors and skylights, that are not maintained, weather

resistant, and water tight.

b. Structural members that have evidence of deterioration or that are not capable

of safely supporting all nominal loads and load effects.

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c. Foundation systems that are not firmly supported by footings, that are not

plumb and free from open cracks and breaks, that are not properly anchored, or are not

capable of supporting all nominal loads and resisting all load effects.

d. Exterior walls that are not anchored to supporting and supported elements,

that are not plumb and free of holes, cracks, breaks or loose or rotting materials, or that

are not properly anchored or not capable of supporting all nominal loads and resisting

all load effects.

e. Roofing or roofing components that have defects that admit rain, roof surfaces

with inadequate drainage, or any portion of the roof framing is not in good repair with

signs of deterioration, fatigue, or without proper anchorage and incapable of

supporting all nominal loads and resisting all load effects.

f. Exterior stairs, decks, porches, balconies, and all similar appurtenances

attached thereto, including guards and handrails, that are not structurally sound, not

properly anchored, or that are anchored with connections not capable of supporting all

nominal loads and resisting all load effects.

g. Masonry that has been subjected to deterioration, ultimate deformation,

fractures in masonry or mortar joints, fissures in masonry or mortar joints, spalling,

exposed reinforcement, or detached, dislodged, or failing connections.

h. Wood that has been subjected to ultimate deformation, deterioration, damage

from insects, rodents and other vermin, fire damage beyond charring, significant splits

and checks, horizontal shear cracks, vertical shear cracks, inadequate support, detached,

dislodged, or failing connections, or excessive cutting and notching.

i. Missing windows or doors.

j. Electrical systems that are a hazard to safety of the public or occupant.

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I. Plumbing systems that are not connected to either a public sewer system or to

an approved private sewage disposal system.

m. Water supply systems that are not connected to either a public water supply system

or an approved private water supply system.

Sec. --Blighted property prohibited. No owner of property shall permit any structure or

premises to become blighted. Any structure or premise that is deemed blighted is

prohibited.

Sec. - The Building Official shall assist the Code Enforcement Officer with matters

arising under this Article.

SECTION 4. RENUMBERING CODE PROVISIONS. Chapter 6, Article XIII,

Unsafe Structures and Chapter 22, Article II Litter Control, Sec. 22-26 through Sec. 22-31

are hereby repealed. Chapter 17, Article II, Noise shall be renumbered as Article V,

Article III and IV shall be added as reserved articles.

SECTION 5. SEVERABILITY. It is hereby declared to be the intent of the Board

of County Commissioners of Bay County, Florida that if any section, subsection, clause,

phrase, or provision of this Ordinance is held invalid or unconstitutional, such

invalidity or unconstitutionality shall not be construed as to render invalid or

unconstitutional the remaining provisions of this Ordinance.

SECTION 6. INCLUSION IN CODE. It is the intention of the Board of County

Commissioners of Bay County, Florida, and it is hereby provided that the provisions of

this Ordinance shall become and be made a part of the Code of Bay County, Florida:

that the sections of this Ordinance may be renumbered or re-lettered to accomplish such

intention: and that the word "ordinance" may be changed to /1 section", /1 article" or

other appropriate designation.

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SECTION 6. EFFECTIVE DATE. A certified copy of this Ordinance as enacted

shall be filed by the Clerk of the Board with the office of the Secretary of State of the

State of Florida within ten (10) days after enactment, and this Ordinance shall take effect

immediately in accordance with Section 125.66 (2), Florida Statutes.

DULY ADOPTED in regular session this L/ ~ay of Jo11~/Jer 2014.

ATTEST: BOARD OF COUNTY COMMISSIO BAYCOUN FLO

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