(a)

Article remedial. This article is hereby declared to be remedial and shall be constructed to secure the beneficial interests and purposes thereof, which are public safety, health and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, structures or premises.

(b)

Scope. The provisions of this article shall apply to all unsafe buildings and hazardous lands (as defined below).

(c)

Alterations, repairs or rehabilitation work. (1) Alterations, repairs or rehabilitation work may be made to any existing building provided that the alteration, repair or rehabilitation work conforms to the requirements of the standard building code for new construction. The land use officer shall determine, subject to appeal to the planning commission, the extent, if any, to which the existing building shall be made to conform to the requirements of the standard building code for new construction; (2) Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in section 10.2 of this article; (3) If the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of the standard building code for the new occupancy classification as established by the building official; and (4) Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this article or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed.

(Ord. No. 07-01, § 1, 7-10-01)

Excessive growth. Excessive growth shall mean vegetation over 18 inches high that is or may reasonably become infested by pests or may create a fire or safety hazard. Excessive growth includes vegetation growing from private lands into or across public rights-of-way, utility easements, sidewalks, drainage ditches, swales or streets. It does not include the following unless the growth constitutes a fire or safety hazard:

(1)

Shrubs, trees or bushes (natural or cultivated) used for landscape purposes.

(2)

Controlled, managed and maintained low-maintenance natural landscaping.

(3)

The understory of hammocks that are protected through development regulations, conditions or agreements, and vegetation within wetlands, stormwater retention lake littoral zones, or within 150 feet of a regulated creek.

(4)

Land designated agricultural or conservation on the future land use map.

Hazardous lands. Hazardous lands shall mean lands unoccupied as well as occupied upon which there exists a condition or conditions dangerous to the health, welfare or safety of the public in general, or of the occupants of surrounding properties, or of the occupants of such lands, including but not limited to:

(1)

Land upon which there exists an accumulation of material or items stored outside of a structure, including but not limited to lumber, tires, automobile parts, trash, hazardous waste, abandoned personal property, unusable or discarded household items, inoperative automobiles, appliances, solid waste, dangerous chemicals, explosives or other hazardous substances without sufficient protection for the control of same, junk, used scrap, construction or demolition material, tanks, drums, glass, iron, or any other material or items that may

a.

Create noxious odors or harmful fumes or particulate.

b.

Serve as a breeding or nesting place for mosquitoes, rats, mice, poisonous snakes, dangerous wild animals, or insect vermin, in such a manner and to such extent as to pose an immediate danger to the public health and safety.

c.

Contribute to any other unsafe or unsanitary condition or create a dangerous nuisance attractive to children.

d.

Create a fire, safety or health hazard.

(2)

Land upon which there is excessive growth as defined above.

Owner. Owner shall mean any person who, alone, jointly or severally with others, holds legal or equitable title to any building or land within the scope of this article and shall include any occupant, lessee, mortgagee or other person having an interest in said building or land as shown by the records of the clerk of the circuit court of Levy County, Florida.

Unsafe building. An unsafe building is a building or structure that has any of the following conditions, such that life, health, property, or safety is endangered:

(1)

Whenever the stress in any material, member or portion thereof, due to all imposed loads including dead load exceeds the working stresses allowed in the standard building code for new buildings.

(2)

Whenever a building, structure or portion thereof has been damaged by fire, flood, subsidence, earthquake, wind or other cause to the extent that the structural integrity of the buildings or structures is less than it was prior to the damage and is less than the minimum requirement established by the standard building code for new buildings.

(3)

Whenever for any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is designed.

(4)

Whenever any building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse.

(5)

Whenever any building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of town regulations.

(6)

Whenever any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or, which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

(Ord. No. 07-01, § 1, 7-10-01)

(a)

Enforcement officer. The code enforcement officer shall be the primary enforcement officer of the provisions of this article. The town commission may, by resolution designate other persons as enforcement officer(s) of the provisions of this article. The land use officer or designated enforcement officer(s) shall function as code inspector(s) for circumstances governed by F.S. ch. 162, pt. I. The code enforcement officer(s) will provide primary action for circumstances governed by F.S. ch. 162, pt. II.

(b)

Restrictions on employees. An officer or employee connected with the town shall not have a financial interest in the furnishing of labor, material or appliances for the construction, alteration, demolition, repair or maintenance of a building, the mowing or clearing of a property, or in the making of plans or of specifications thereof, unless he or she is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his or her duties or with the interests of the town.

(c)

Records. The land use officer shall keep, or cause to be kept, a record of the actions related to this article.

(Ord. No. 07-01, § 1, 7-10-01)

(a)

Right of entry. The code enforcement officer and the land use official shall enforce the provisions of this article, and such official, or their duly authorized representative may enter any building, structure, dwelling, apartment, apartment house, or premises, during all reasonable hours to make an inspection or enforce any of the provisions of this article.

(1)

When entering a building, structure, dwelling, apartment, apartment house, or premises that is occupied, the code enforcement officer or their duly authorized representative shall first identify himself, present proper credentials and request entry. If the building, structure, dwelling, apartment, apartment house, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other person having charge of the building and demand entry. If entry is refused, the code enforcement officer or their duly authorized representative shall have recourse to every remedy provided by law, including but not limited to the provisions of F.S. ch. 933.20—933.30, to secure entry.

(2)

No person, owner or occupant of any building, structure, dwelling, apartment, apartment house, or premises shall fail, after proper credentials are displayed, to permit entry into any building or onto any property by the code enforcement officer or their duly authorized representative for the purpose of inspections pursuant to this article. Any person violating this section shall be prosecuted within the limits of the law as established by the proper governing authority.

(b)

Inspections. The code enforcement officer, the land use official and other authorized representatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this article.

(c)

Liability. Any officer or employee of the town charged with the enforcement of this article, acting for the town in the discharge of their duties, shall not thereby render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties. Any suit brought against any officer or employee because of such act performed in the enforcement of any provision of this article shall be defended by the town attorney until the final termination of the proceedings.

(Ord. No. 07-01, § 1, 7-10-01)

(a)

Violation. It shall be unlawful for any owner of real property within the city to create, keep, maintain, or allow the existence of any unsafe building or hazardous land, as defined in this article, in or on such property.

(b)

Inspections. The land use officer or code enforcement officer shall inspect or cause to be inspected any building, structure or portion thereof which is or may be unsafe and/or lands which may be hazardous.

(c)

Enforcement. Notice and enforcement shall be in accordance with F.S. ch. 162.

(Ord. No. 07-01, § 1, 7-10-01)

In accordance with F.S. ch. 162, the notice shall provide for a "reasonable time" to correct a violation. If repairs, alterations or demolition of a building or structure are necessary for compliance, a "reasonable time" shall not be less than ten nor more than 90 days. If the violation pertains only to hazardous lands, a "reasonable time" for cleaning or clearing same shall not be less than ten nor more than 30 days.

(Ord. No. 07-01, § 1, 7-10-01)

The repair or demolition of an unsafe building or structure or clearance of hazardous lands shall be done in accordance with the standard building code or demolished at the option of the owner and/or where hazardous lands are involved, such lands mowed and cleared to remove such health and safety hazard.

(Ord. No. 07-01, § 1, 7-10-01)

The repair or demolition of an unsafe building and the clearing and/or mowing of hazardous land as required in the notice by a duly authorized town official or the final decision by the code enforcement board shall be performed in an expeditious and workmanlike manner in accordance with the requirements of this article and all other applicable provisions of these land development regulations and accepted engineering practice standards.

(Ord. No. 07-01, § 1, 7-10-01)