This article provides standards relating to the continued maintenance and upkeep of certain improvements to property throughout the town that might create nuisance, environmental, health or safety concerns detrimental to the public if not maintained in an acceptable and proper manner. These standards and remedies are therefore provided to protect the public interest and promote public health, safety and welfare.

(Ord. No. 399, § 1, 11-20-01)

The standards of this article shall apply to all areas within the town's jurisdiction.

(Ord. No. 399, § 1, 11-20-01)

(a)

Repair by town; computation of costs; statement to owner. If the owner shall fail to take such steps as may be necessary to render the use of any structure safe as provided in this article as required to be done in a notice sent to such owner, it shall be the duty of the town, after notifying the landowner of a public hearing and declaring by resolution the nature of the proposed improvements, the location of the improvements and the estimated cost of the improvements, to make the required repairs and to take necessary steps to produce such safe condition. Upon the termination of such work it shall be the further duty of the town to compute the actual costs thereof and to send a statement of the costs, together with description of the work done, to such owner, at the owner's address.

(b)

Payment of costs; lien. Payment for the costs of making such repairs is due and payable within 30 days of the date of the mailing of the statement, as set forth in subsection (a) of this section, with no interest charge, or, if approved by the town, by equal monthly installment payments bearing interest at the rate of eight percent per year for a period not to exceed 24 months. Such equal monthly installment payments shall be made on the first day of each month that the installment is due, and, if not paid when due, there shall be added a penalty at the rate of one percent per month until paid. The town shall have a lien upon the lot or parcel contiguous to, attached to or across which such facility is built, for the cost of making such repairs, which shall be coequal with a lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles and claims, until paid.

(c)

Enforcement of lien. If the owner shall not pay for the costs of making repairs, as set forth in subsections (a) and (b) of this section, within 30 days after the date of mailing of the statement provided for in subsections (a) and (b) of this section, and if the town has not given its prior approval for permission to allow the payment to be made in equal installment payments, the town may bring a suit to enforce the lien provided for in subsection (b) of this section, and it shall be entitled to claim, in addition to the costs of doing such repairs, interest at the rate of eight percent, together with all legal costs, including reasonable attorney's fees, necessary and incurred by the prosecution of such suit. If the town has given its prior approval for permission to allow equal monthly installment payments as set forth in subsection (b) of this section, upon failure of the owner to make any such equal monthly installment payment, the whole cost of making such repairs, with the interest and penalties thereon, shall immediately become due and payable, and the town may bring a suit to enforce the lien and shall be entitled to claim, in addition to the cost of doing such work, all interest, penalties and legal costs, including reasonable attorney's fees, necessary and incurred by the prosecution of such suit.

(Ord. No. 399, § 1, 11-20-01)

(a)

Specifications. All seawalls constructed or repaired within the corporate limits of the town shall be constructed and maintained in accordance with specifications prescribed by the town.

(b)

Responsibility for repair. It shall be unlawful for any owner of property in the town which has a seawall to allow such seawall to be or remain in such condition as to make it unsafe, dangerous or capable of collapsing and creating erosion problems.

(c)

Notice to repair. In case the condition of any such seawall, through acts of the property owner or the owner's agents, becomes such as to render the use thereof unsafe, dangerous or potentially unsafe, it shall be the duty of the town, once made aware of the condition, to notify the owner of the property that such condition exists, and such notice shall require the owner, within 30 days from the date of the mailing of such notice, to take necessary steps to render the use of the seawall safe. Such notice shall be sent to such owner's last known address by registered mail. If the property owner fails to repair or take such steps as may be necessary to render the seawall safe, the town shall initiate the remedies and procedures prescribed in section 74-513.

(Ord. No. 399, § 1, 11-20-01)

(a)

Specifications. All sidewalks constructed or repaired within the corporate limits of the town shall be constructed and maintained in accordance with specifications prescribed by the town.

(b)

Responsibility for repair. Except as stated below, it is the responsibility of the town to maintain any sidewalk which is within the road rights-of-way in the town.

(c)

Notice to repair. In the case of any maintenance or repair to be undertaken by the town pursuant to section 74-516(b) above, the town shall send to the owner of any property crossed by or contiguous to the sidewalk prior notice of the maintenance or repair work; such notice shall be in writing and shall be sent to such owner's last known address by certified mail, return receipt requested.

(d)

Where a property owner adjacent to a public sidewalk location proposes to construct or reconstruct a sidewalk or driveway apron with material that does not conform to the specifications prescribed by the town the following procedures shall be followed:

(1)

Submit the proposed design and material to be used to the public works department for approval.

(2)

Submit a proposed release of liability and maintenance responsibility to the town for review.

(3)

File with the Pinellas County Clerk the approved release of liability and maintenance responsibility as a deed restriction. Pay all fees and administrative costs as required by the town and the county clerk.

(Ord. No. 399, § 1, 11-20-01)

Cross reference— County housing code, not adopted, § 2-120.

(a)

Specifications. All fences or walls constructed or repaired within the corporate limits of the town shall be constructed and maintained in accordance with specifications prescribed by the town.

(b)

Responsibility for repair. It shall be unlawful for any owner of property in the town which has a fence or fence wall to allow such fence or fence wall to be or remain in such condition as to make it unsafe, dangerous or capable of collapsing and creating a nuisance.

(c)

Notice to repair. In case the condition of any such fence or fence wall becomes such as to render the use thereof unsafe or dangerous, it shall be the duty of the town, once made aware of the condition, to notify the owner of the property that such condition exists, and such notice shall require the owner, within 30 days from the date of the mailing of such notice, to take necessary steps to render the use of the fence or fence wall safe. Such notice shall be sent to such owner's last known address by registered mail. If the property owner fails to repair or take such steps as may be necessary to render the fence or fence wall safe the town shall initiate the remedies and procedures prescribed in section 74-513.

(Ord. No. 399, § 1, 11-20-01)

All developed property shall maintain a plainly visible and legible E-911 address. The address numbers will be a minimum of six inches in height and of appropriate width so as to be read from any moving emergency vehicle responding to the address.

(Ord. No. 399, § 1, 11-20-01)