10.1.1. 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 health, safety 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.

10.1.2. Scope. The provisions of this article shall apply to unsafe buildings or structures as herein defined, and shall apply equally to new and existing conditions.

10.1.3. Alterations, repairs or rehabilitation work.

(1)

Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of the city building code provided that the alteration, repair or rehabilitation work conforms to the requirements of the city building code for new construction. The city building official shall determine, subject to appeal to the special magistrate or code enforcement board the extent, if any, to which the existing building shall be made to conform to the requirements of the city building code for new construction;

(2)

Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in section 2.1 of these Land Development Regulations;

(3)

If the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of the city building code for the new occupancy classification as established by the city 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.

10.1.4. Special historic buildings and districts. The provisions of this article relating to the construction alteration, repair, enlargement, restoration, relocation, or moving buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the city's comprehensive plan and these Land Development Regulations as historic buildings when such buildings or structures are judged by the city building official to be safe and in the public interest of health, safety and general welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation, or moving of buildings within fire districts. The applicant shall be required to submit complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect.

(Ord. No. 9-04, § 5, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

10.2.1. Enforcement officer. The code enforcement officer shall be the enforcement officer of the provisions of this article.

10.2.2. Restrictions on employees. An officer or employee connected with the city 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, or in the making of plans or of specifications therefor, 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 city.

10.2.3. Records. The secretary to the special magistrate or code enforcement board shall keep, or cause to be kept, a record of the actions related to this article.

(Ord. No. 9-04, § 5, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

10.3.1. Right of entry. The code enforcement officer shall enforce the provisions of this article, and such code enforcement officer, or their duly authorized representative, upon presentation of proper identification and an administrative warrant to the owner, agent, or tenant in charge of such property, may enter any building, structure, dwelling, apartment, apartment house, or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, in which case the above limitation shall not apply.

10.3.2. Inspections. The code enforcement officer, 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.

10.3.3. Liability. Any officer or employee of the city charged with the enforcement of this article, acting for the city 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 city attorney until the final termination of the proceedings.

(Ord. No. 9-04, § 5, 7-12-2004)

(Refer to article 12 of these Land Development Regulations.)

(Ord. No. 9-04, § 5, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

Editor's note— Ord. No. 2017-03, § 2, adopted Jan. 23, 2017, changed the title of § 10.4 from "Appeals to the code enforcement board" to read as herein set out.

10.5.1. General. The city building official shall inspect or cause to be inspected any building, structure or portion thereof which is or may be unsafe.

10.5.2. Action required. After the city building official has inspected or caused to be inspected a building, structure or portion thereof and has determined that such building, structure or portion thereof is unsafe, he or she shall request the code enforcement officer to initiate proceedings to cause the abatement of the unsafe condition by repair or demolition.

(Ord. No. 9-04, § 5, 7-12-2004)

10.6.1. Form.

(1)

Issuance; contents. The city code enforcement officer shall prepare and issue a notice of unsafe building directed to the owner of record of the building or structure. The notice shall contain, but not be limited to, the following:

a.

Address. The street address and/or legal description of the building, structure, or premise.

b.

Unsafe condition. A statement indicating the building or structure has been declared unsafe by the code enforcement officer, and a report adequately documenting the conditions determined to have rendered the building or structure unsafe under the provisions of this article.

c.

Action required. The action required to be taken as determined by the code enforcement officer.

(2)

Compliance. If the building or structure is to be repaired, the notice shall require that all necessary permits be secured and the work commenced within 60 days and continued to completion within such time as the code enforcement officer determines. The notice shall also indicate the degree to which the repairs must comply with the provisions of the city building code, in accordance with the provisions of this article.

(3)

Permits for demolition. If the building or structure is to be demolished, the notice shall require that all required permits for demolition be secured and that the demolition be completed within 90 days except as provided under "Extension of time," found within this article.

a.

A statement advising that any person having any legal interest in the property may appeal the notice by the code enforcement officer to the special magistrate or code enforcement board, and that such appeal shall be in writing in the form specified by the city and shall be filed with the secretary to the special magistrate or code enforcement board within 30 days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an appeal.

(4)

Persons served. The notice and all attachments thereto shall be served upon the owner of record and posted on the property in a conspicuous location. A copy of the notice and all attachments thereto shall also be served on any person determined from official public records to have a legal interest in the property. Failure of the land development regulation administrator to serve any person herein required to be served other than the owner of record shall not invalidate any proceedings hereunder nor shall it relieve any other person served from any obligation imposed on him or her.

(5)

Service of notice. Service of notice shall be as follows:

1.

Certified mail. By depositing the notice in the United States post office, certified mail return receipt requested, addressed to the owner of the property in question at the address listed in the Alachua County Tax Collector's office for tax notices, and at any other address provided to be [the] city by such owner and [if such notice] is returned as unclaimed or refused, notice may be provided as specified within the following subsection.

2.

Posting; proof. By posting and keeping posted for at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at city hall. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.

(Ord. No. 9-04, § 5, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

When ordering the repair or demolition of an unsafe building or structure, the code enforcement officer shall order that such work be done in accordance with the city building code or demolished at the option of the owner.

(Ord. No. 9-04, § 5, 7-12-2004)

10.8.1. Failure to respond. Any person who, after the order of the code enforcement officer or the decision of the special magistrate or code enforcement board becomes final, fails or refuses to respond to the direction of such order, shall be prosecuted to the extent provided for by article 15 of these Land Development Regulations.

10.8.2. Failure to commence work. Whenever the required repair or demolition is not commenced within 60 days after the effective date of any order, the building, structure or premise shall be posted as follows:

UNSAFE BUILDING

DO NOT OCCUPY

It shall be punishable by law to occupy this building or remove or deface this notice.

City of Newberry Code Enforcement Officer

10.8.3. Action by board; lien. Subsequent to posting the building, the special magistrate or code enforcement board may cause the building to be repaired to the extent required to render it safe or, if the notice required demolition, to cause the building or structure to be demolished and all debris removed from the premise.

The cost of repair or demolition shall constitute a lien on the property and shall be collected in a manner provided by law.

(Ord. No. 9-04, § 5, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

The special magistrate or code enforcement board may approve one or more extensions of time as it may determine to be reasonable to initiate or complete the required repair or demolition. However, such extension or extensions shall not exceed a total of 90 days. Such request for extensions shall be made in writing stating the reasons therefor.

(Ord. No. 9-04, § 5, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

No person shall obstruct or interfere with the implementation of any action required by the final notice of the code enforcement officer. Any person found interfering or obstructing such actions shall be prosecuted to the extent provided for by article 15 of these Land Development Regulations.

(Ord. No. 9-04, § 5, 7-12-2004)

The repair or demolition of an unsafe building as required in the notice by the code enforcement officer or the final decision by the special magistrate or 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. 9-04, § 5, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)