(a)

All building and construction sites within the town shall at all times be kept free of loose debris, paper, construction material waste, scrap construction material and other trash produced from the site. All materials and equipment used, placed or stored upon any building or construction site shall be maintained within the perimeter of the building site.

(b)

All building and construction sites within the town shall provide suitable on-site commercial container(s), as determined and designated by the town, for the collection of loose debris, paper, construction material waste, scrap construction material and other trash produced from the site. The construction container(s) shall be provided with a cover or covering that will prevent spilling or blowing of material from the container(s). The size and number of containers shall be adequate, as determined by the town, for the amount of material generated on the building or construction site. All said materials shall be containerized by the end of each day.

(c)

Nothing in this section shall be deemed to permit the owner, general contractor or any of their employees, agents, or representatives to remove or dispose of debris, paper, construction material waste, scrap construction material and other trash produced from or on the site by onsite burning, or by piling or storage of said materials or equipment in the public streets or on property adjacent to the construction site.

(d)

During construction, off-street parking for all personal vehicles and construction equipment shall be provided and shall be utilized to prevent on-street parking by construction personnel and equipment. The parking of any vehicle or equipment associated with the construction activities or construction personnel on the public right-of-way is prohibited, unless approval is obtained from the town building official. The building official may only allow use of the public right-of-way if he/she determines, based on the information provided by the developer/owner, that the site space is not adequate to accommodate all of the parking needs on site. If the building official allows parking in the public right-of-way, it must be pursuant to the developer/owner purchasing right-of-way parking permits and in no event shall any construction development be issued more than two right-of-way parking permits. The cost of each permit shall be set by resolution of the town commission.

(e)

Where concrete or any other substance permanently affixes itself to any road surface, public or private, causing the surface to be uneven or defaced, it shall be immediately removed by the person or persons responsible. Where mud or excessive dirt or soil from a construction site is tracked or deposited, by vehicle or otherwise, onto any road surface, public or private, it shall be immediately removed by the person or persons responsible. The person or persons responsible as identified in this section, shall mean the driver of the vehicle which deposited the substance onto the road surface, his employer, the owner of the real property containing the construction or demolition site and/or the general contractor in charge of a site from where the substance originated.

(f)

If at any time the town notifies the owner or general contractor, personally or through their agent(s) or representative(s), in writing that construction activities are being conducted, or the construction site or any part thereof is being maintained, in violation of the provisions of this section, said violations shall be corrected within 24 hours of the notice. If the owner or general contractor does not satisfactorily correct the situation within 24 hours of said notification, in addition to any other enforcement actions available to the town pursuant to this Code or otherwise provided by law, upon written notice from the town given to the owner of the property, or to the general contractor, or to their agent(s), representative(s), or the person doing the work, work on the site shall immediately cease. Such written notice shall also state the conditions under which work may be resumed. Upon being notified of the elimination of the violation of the provisions of this section, the town shall inspect the site for compliance and allow resumption of the work.

(g)

It shall be unlawful to unload and/or store any material used or required on any construction site without a permit having been issued for construction and/or demolition at that specific site.

(h)

It shall be unlawful to store any material in an unsecured area which is deemed unsafe or a danger to those accessing the site. It shall be unlawful to store any construction materials in any manner whereby the material or a portion of the materials is stored outside the legal boundaries of the site. Reasonable exceptions to this subsection, for a reasonable period of time, may be considered on a case-by-case basis by the town manager.

(i)

All areas surrounding construction sites which are affected by dust, dirt and debris from the construction site shall be swept clean of such dust, dirt and debris a minimum of two times per day; at least one of which must be at the conclusion of work for that day.

(j)

Any pool under construction shall be kept clean of any debris until such time as the pool is properly filtered and must be properly fenced. All sitting water in pools under construction must be properly treated to eliminate algae, insects, etc.

(k)

The contractor shall be responsible for placement and emptying of adequate disposal containers for food, wrappers and other nonconstruction related garbage.

(l)

The owner of the property and the general contractor shall be jointly and severally responsible for compliance with the provisions of this section.

(m)

The owner, or general contractor, personally or through their agent(s) or representative(s), shall have the right to appeal from the decision of the town ordering the cessation of all work and to appear before the code enforcement special master at a specified time and place to show cause why they should not comply with said notice.

(n)

The enforcement procedures contained in this section are in addition to, and not in lieu of, any other enforcement procedures or remedies available to the town for the enforcement of its Code of Ordinances.

(Code 1993, § 14-1; Ord. No. 621, § 3, 5-1-2017)

Cross reference— Nuisances, ch. 34; deposit of debris or trash on private lots or rights- of-way prohibited, § 34-3; outdoor storage or disposal of appliances, furniture and similar items prohibited under certain circumstances, § 34-5.

The owner or general contractor shall provide each construction job with proper sanitation facilities for use of personnel to be employed in, on or about the construction upon such premises. The placement of such facilities shall be depicted on the site plan. Such facilities shall be inspected and meet the approval of the building official prior to use, and any facility that does not meet with the approval of the building official shall not be used for sanitary purposes until so approved. Such facilities shall be serviced and emptied at least weekly.

(Code 1993, § 14-2)

(a)

When the National Weather Service, National Hurricane Center or appropriate weather agency shall declare a tropical storm watch or warning or a hurricane watch or warning for any portion of the county, all construction materials, including roof tiles, and debris on all building and construction sites within the town shall be secured, stored or removed so as not to create a safety hazard because of hurricane or tropical storm force winds.

(b)

Media broadcasts or notices issued by the National Weather Service or National Hurricane Center of a tropical storm watch or warning or a hurricane watch or warning shall been deemed sufficient notice to the owner of real property upon which construction is occurring or any contractor responsible for said construction to secure, store or remove loose construction debris and loose construction materials against the effects of high winds.

(c)

Materials stockpiled on top of any structure under construction shall be permanently installed by the property owner or contractor upon issuance of a tropical storm watch or warning or a hurricane watch or warning; provided, however, in the event such installation cannot be timely completed, then the property owner or contractor shall:

(1)

Band together the construction materials and mechanically fasten them to the top of the structure in such a manner so as not to present a threat of their becoming airborne during a tropical storm or hurricane; or

(2)

Remove the construction materials from the top of the structure and mechanically tie down to the ground; or

(3)

Remove the construction materials from the job site; or

(4)

Store the construction materials inside a protected structure.

(d)

Said construction materials or debris shall remain secured, stored or removed from the property until the National Weather Service, National Hurricane Center or other appropriate weather agency has removed all portions of the county from those areas included in a tropical storm watch or warning or a hurricane watch or warning.

(e)

From June 1 to November 30 of each calendar year (the National Weather Service designated hurricane season), construction or roofing materials which are loaded on a roof shall immediately be tied down and shall remain tied down in such a manner as to prevent such materials from being blown off the roof by heavy winds until the permanent installation of the materials.

(f)

It shall be the joint responsibility of the owner and general contractor to remove, secure or to see to the removal or securing of all construction materials and debris as set forth in this section.

(g)

In the event of a violation of this section, in addition to all other remedies provided in the code of ordinances and otherwise by law, the town may take whatever emergency action it deems necessary to secure, store or remove all loose construction materials and debris including, but not limited to, roof tiles and roofing materials. In such circumstances, the town shall bill the property owner or his agent for all charges and expenses incurred whether incurred by the utilization of town personnel and materials or other outside contractors retained by the town for these purposes. The securing of an outside contractor to perform these services shall be deemed to be the securing of emergency services and shall not require the town to utilize a competitive bid process to select a contractor or contractors. Should the bill for such services remain unpaid for a period of 30 days or more, the town may record a claim of lien encumbering the property and thereafter proceed according to law to enforce said lien.

(h)

The enforcement procedures contained in this section are in addition to, and not in lieu of, any other enforcement procedures or remedies available to the town for the enforcement of its Code of Ordinances.

(Ord. No. 540, 3-13-2003)

Cross reference— Emergency management, ch. 18.

A temporary construction fence is required on all construction sites undergoing land disturbing construction or land development activities. All construction/demolition activities as well as all dumpsters, portable toilets, storage facilities, materials and any other item related to the construction must be located inside the temporary construction fence area. Before the temporary construction fence may be erected, a site plan depicting the materials, location and access gates must be approved as part of the fence permit issuance. At a minimum, the construction site must be completely enclosed, on all sides, by temporary construction fencing to prevent public access. However, a fence shall not be required, unless specifically requested by the building official in order to preserve the public health, safety and welfare, on the side where the property abuts the Atlantic Ocean or intracoastal waterway or where there is a sufficient barrier, such as a fence, wall or landscaping material, where the property abuts an adjacent property, not public right-of-way.

(1)

Temporary construction fences shall be six feet in height and shall be constructed of chain link with screening material (scrim).

(2)

Temporary construction fences shall not be erected until the town has issued a demolition permit or building permit for the land disturbing construction or land development activities. In no event may a temporary fence be erected more than ten days prior to the commencement of land disturbing construction or land development activities.

(3)

In the event that the demolition permit or building permit expires, all temporary construction fences shall be removed within ten days of the permit expiration date. Within fifteen days of removal of the fences, the site shall be brought to grade, tilled and planted with ground cover to include sodding or seeding which shall have irrigation and shall be maintained in accordance with this Code, regarding landscaping requirements. Alternate forms of ground cover may be approved by the building official.

(4)

Temporary construction fences shall comply with the following requirements:

a.

Temporary construction fences shall be installed in accordance with all Florida Building Code and Occupational Safety and Health Administration (OSHA) standards. Temporary construction fences installed pursuant to this section shall be subject to any visibility at intersections requirements of this Code.

b.

All temporary construction fencing shall be maintained in a satisfactory manner by the permittee or landowner during the entire period of the land disturbing construction and land development activities to ensure adequate performance, to prevent nuisance conditions and to maintain the public health, safety and welfare.

c.

Gates shall be secured and locked with a lock substantial enough to ensure closure and security when workers are not on the job site.

d.

No temporary construction fence may encroach beyond the subject property line. No fence may encroach upon the public right-of-way without obtaining the appropriate permit(s)

e.

Screening details shall be submitted with the temporary construction fence permit application. Wind screening material shall be substantial enough to avoid rips or tears due to wind or sun and shall be maintained in good condition at all times. Screening material shall be of one color, either green or black, with the entire fence consisting of the same shade of green or black and approved by the building official with no signage, artwork or pictures of any kind as part of the screening material or affixed to the fence.

f.

All wind screening materials shall be removed upon the issuance of a hurricane warning for an area including the town. Screening materials shall be reinstalled not more than ten days after the hurricane threat has ended.

g.

The building official may grant the use of a temporary movable construction fence as part of a phased construction or phased demolition permit. Within ten days of the completion of the phase of construction or demolition, the temporary movable fence shall be removed, and may be replaced by another temporary construction fence meeting the provisions of this section.

h.

"No Trespassing" signage shall be placed on the construction site under the direction of the building official and in accordance with F.S. § 810.09, as amended.

(5)

The building official may grant, in writing, a restriction or extension to the time frames for the erection or removal of temporary construction fences when necessary to maintain the public health, safety and welfare.

(Ord. No. 621, § 3, 5-1-2017)

See section 34-83 of this Code.

(Ord. No. 621, § 3, 5-1-2017)

(a)

All vehicles delivering materials to or picking up materials from any construction site within the town limits shall follow the legal rules of the road.

(b)

Any vehicle which will be obstructing the normal flow of traffic for a period greater than three minutes shall have a flag person present to assist in the safe passage of other motor vehicles. Such flag person shall wear a reflective vest.

(c)

Any case where traffic is known to be disrupted for a period in excess of five minutes must be approved, in advance, by the Ocean Ridge Police Department and a flag person must be present to assist in the safe passage of other motor vehicles.

(Ord. No. 621, § 3 5-1-2017)

All applicable sections of the National Pollutant Discharge Elimination System (NPDES) requirements applicable to the town are incorporated as requirements hereto.

(Ord. No. 621, § 3, 5-1-2017)

All requirements related to tree protection during land clearing and construction listed in section 66-151 of this Code are incorporated into this code section by reference

(Ord. No. 621, § 3, 5-1-2017)

(a)

Construction/storage trailers may be erected in connection with land development or construction projects. Construction/storage trailers shall not be used as dwelling or lodging units.

(b)

A construction trailer shall not be installed without site plan review and approval and the issuance of a building permit for the construction trailer. The building official shall have final authority to approve a site plan for a construction trailer and for all temporary trailers or storage containers to be located on construction sites. Approval for a construction/storage trailer shall be subject to the standards listed below.

(1)

The approved site plan and building permit for the construction trailer shall specify the location, type of construction, maintenance requirements, and the period for which the construction trailer shall be required.

(2)

Any building permit issued for a construction trailer shall expire after a period of six months, unless renewed by the building official for one or more additional periods of six months.

(3)

A construction trailer shall not be allowed for more than two years, including any renewal periods, unless approved by the town commission.

(4)

Approval from the building official shall be obtained before the trailer is occupied.

(5)

Land development or construction activities on the site must commence within one year after the building permit for the construction trailer is issued. If land development or construction activities do not commence within the required time period the trailer must be removed. Code enforcement proceedings and/or any other lawful action to require removal of the construction trailer from the site may be initiated.

(6)

Construction trailers shall also be subject to all regulations listed in the Construction Site Management Handbook.

(Ord. No. 621, § 3, 5-1-2017)

(a)

The town manager shall establish and maintain a manual pertaining to construction standards and town policy concerning construction activities on properties located within the town. This manual shall be titled "Construction Site Management Handbook" and shall be binding upon contractors, owners, residents and others with respect to construction and maintenance activities on private properties within the town. This construction site management handbook shall be adopted and amended as necessary by resolution of the town commission.

(b)

Permits for construction identified in the construction site management handbook shall be subject to and conditioned upon the contractor and the property owner complying with the terms and conditions of the construction site management.

(Ord. No. 621, § 3, 5-1-2017)

(a)

The town shall charge a fee to cover the costs associated with reviewing for compliance with zoning, design manual and other town ordinances. Such fee shall be established in a fee schedule adopted by a resolution of the town commission or by town code.

(b)

If there is a change in the initial plans as approved, the contractor shall be required to file such plan change with the town. The fee payable to the town for review of such change in plans shall be as indicated in the town fee schedule.

(c)

If the contractor wishes to either demolish or move a building or structure located within the town, a permit must be obtained from the town and a fee established by the town's fee schedule shall be paid to the town for receipt of such permit.

(Ord. No. 621, § 3, 5-1-2017)

All authorized construction shall be completed prior to the expiration of the building permit. The expiration of a building permit shall be prima facie evidence that the building project has not commenced or has been abandoned.

Failure of the permit holder or the property owner to complete construction once it has been initiated within the timeframe of the building permit is a violation that will be referred to the special magistrate pursuant to chapter 16, article I, of this Code. Failure to restore the site to its preconstruction conditions, including removal of all structural improvements and placement of sod on all disrupted portions of the site, may result in a fine not to exceed $250.00 per day after the permit expires.

(Ord. No. 621, § 3, 5-1-2017)

Failure to comply with the provisions of this article, or with the approved plans, may result in fines assessed against the property, the issuance of a stop work order, or revocation of any or all building permits. Uncorrected violations shall be considered separate violations for each day they remain uncorrected beyond any correction period given by the building official, town police officer or town manager. Enforcement of this article may be performed by the building official, town police officer or town manager.

(Ord. No. 621, § 3, 5-1-2017)

(a)

Statutory authorization. The legislature of the state has adopted the Coastal Zone Protection Act of 1985, as revised in 1986, which requires all local governmental units to adopt a coastal construction code on or before January 1, 1987; therefore, the town commission enacts this article.

(b)

Purpose and intent. The purpose and intent of this article is to provide minimum standards for the design and construction of buildings and structures to reduce the harmful effects of hurricanes and storms along the coastal areas of the town, in conformance with the requirements of F.S. ch. 161. It is further the intent of this article to establish a coastal protection zone as required by law.

(Code 1993, § 26-107)

(a)

The town commission hereby adopts the 1997 coastal construction control line as adopted by the state, from time to time, as the town's coastal construction control line. No person shall construct any structure whatsoever, seaward of the state coastal construction control line as established by the state; or make any excavation, remove any beach material or otherwise alter existing ground elevations without first having obtained a permit therefore from the state department of environmental protection. Whenever a permit is required by the state pursuant to F.S. §§ 161.052 or 161.053, the same shall be submitted to the town prior to the approval of a building permit. No building permit shall be issued by the town without the issuance of a state permit whenever the same shall be required.

(b)

Zoning confirmation approval, as requested by the state, may be issued by the town manager or designee if the documents submitted are in accordance with the requirements of the town and the development is in accordance with town codes as determined by the town manager, or designee. If CCSL permit or variance is required under section 67-18, the zoning confirmation approval shall be conditioned upon approval of the CCSL permit or variance.

(c)

Permits prohibited. No building permit shall be issued where it appears that the proposed excavation, filling or removal, or the covering or destruction of natural vegetation, shall result in the probable erosion or inundation of surrounding beaches or the banks, dunes and lands adjacent thereto, or endanger the public safety.

(d)

Bond. Prior to the issuance of a building permit under this section, the town may require the applicant to obtain and deposit with the town a good and sufficient performance bond in an amount sufficient to ensure completion of necessary protective work and in a form to be approved by the town attorney, such bond to be conditioned upon the applicant faithfully completing all work which may be required for the protection of the ocean dunes, banks and beaches against inundation and erosion.

(e)

Grading and leveling of site after removal of sand. Any person granted a building permit for removing or excavating sand for any reason from the ocean beach or the banks and dunes adjacent thereto shall place such sand on the Atlantic Ocean beach in the area in front of which the sand is being removed, and shall grade and level such sand in such a manner so as to be harmonious with the surrounding beach area.

(f)

Structures in violation deemed public nuisances. Any coastal structure erected or excavated in violation of the provisions of this article is hereby declared to be a public nuisance, and such structure shall be forthwith removed or such excavation shall be forthwith refilled after written notice from the town manager, or designee, directing such removal or filling. If the structure is not removed within a reasonable time as directed, the town may remove such structure or fill such excavation at its own expense, and the costs thereof shall become a lien upon the property of the upland owner upon which such unauthorized structure or excavation is located.

(Ord. No. 540, 3-13-2003; Ord. No. 2019-01, § 2, 2-4-2019; Ord. No. 2020-05, § 4, 9-8-2020; Ord. No. 2023-04, § 2, 11-6-2023)

Editor's note— Ord. No. 2020-05, § 4, adopted Sept. 8, 2020, changed the title of § 67-17 from "Coastal construction and excavation setback line" to read as herein set out.

(a)

Establishment. The established 1979 coastal construction control line shall be the coastal construction setback line (CCSL) for those properties abutting the Atlantic Ocean, unless measuring the setback amount from the property line provides a setback line that is more westerly than the 1979 coastal construction control line.

(b)

Prohibited activities seaward of CCSL. Except for normal beach maintenance and cleanup and except as otherwise specifically authorized or permitted by this section, it shall be unlawful for any person seaward of the CCSL (in whole or in part) to construct any structure, make any excavation, deposit any fill, remove any beach material or otherwise alter existing ground elevations, soil structure and natural formation or drive any vehicle on, over or across any sand dune or beach, or damage or cause to be damaged such sand dune or beach or the vegetation growing thereon.

(c)

Undeveloped properties. All parcels which are east of Old Ocean Avenue, south of Corrine Street, and directly adjacent to the Atlantic Ocean that are undeveloped and lack any structure as of the adoption of Ordinance No. 2020-05 on September 8, 2020, which originally established the CCSL, shall continue to be subject to the prohibition set forth in subsection (a) and all proposed construction on such parcels shall require a variance under section 6373. Notwithstanding the foregoing, the construction of a new dune crossover is authorized in accordance with section 64-41 upon the issuance of a town building permit.

(d)

Authorized construction and activities seaward of the CCSL. Unless a building permit or other town approval is required, the following activities are authorized seaward of the CCSL without a CCSL permit:

(1)

Town or other government vehicular traffic performing an official function:

(2)

Exterior balconies, bay windows, eaves, and other architectural features which do not extend more than three feet from the vertical wall of a structure and/or which do not measure more than 25 square feet in the horizontal plane may extend past the CCSL:

(3)

Nonmechanical beach cleaning and debris removal:

(4)

Landscape maintenance or modification that does not involve alteration of protected vegetation or removal of sand or dirt from the beach/dune system;

(5)

Repair or renovation of an existing structure; provided that, any such existing structure is not materially altered expanding beyond the existing building/structure footprint, the structural envelope, setbacks, height, lot coverage, and maximum floor area ratio) by any construction, excavation, or building which has an adverse effect upon the control of beach erosion, hurricane protection, coastal flood control, and coastal preservation and restoration;

(6)

Construction specifically for and limited to the stability of the beach or dune or necessary in cases of emergency to protect existing structures or to stabilize eroded bluff lines, or for the protection of the health and safety of persons using the beach;

(7)

Replacement of impervious pavement with permeable surfaces such as pavers or crushed shell on a permeable base (which require a building permit); and,

(8)

Modifications to the native dune ecosystem including but not limited to: vegetation removal, revegetation, maintenance, or pruning; provided the foregoing shall require approval of a dune vegetation management plan by the town building department in accordance with section 66-161 of the town code.

(e)

Permitted development seaward of CCSL with administrative CCSL permit. In addition to the requirements of section 67-17 for a building permit for construction seaward of the 1997 coastal construction control line, an administrative CCSL permit is required from the town manager or designee for the following development seaward of the CCSL (in whole or in part):

(1)

Replacement of an existing structure; provided that, any such existing structure is not materially altered (expanding beyond the existing footprint with regards building/structure footprint, the structural envelope, setbacks, height, lot coverage, and maximum floor area ratio) by any construction, excavation, or building which has an adverse effect upon the control of beach erosion, hurricane protection, coastal flood control, and coastal preservation and restoration;

(2)

New non-habitable structure;

(3)

Any excavation, fill placement, repair of shore protection structures, or vehicular traffic; and, other activities that would alter the topography or disturb the vegetation of the beach/dune system. Where a dune extends landward from the CCSL, appropriate measures shall be taken to re-stabilize the dune system pursuant to specifications approved by the town manager or designee to protect the integrity of the dune.

(f)

Permitted development seaward of CCSL with issuance of a variance. The following development seaward of the CCSL (in whole or in part) shall require a variance pursuant to section 63-73:

(1)

New habitable structure;

(2)

Material alteration of an existing structure (expanding beyond the existing footprint with regards to the building/structure footprint, the structural envelope, setbacks, height, lot coverage, and maximum floor area ratio) by any construction, excavation, or building; and,

(3)

Any other development, construction, or activity not specifically authorized or otherwise permitted in this section.

If a variance is to be granted, the board of adjustment shall consider reasonable conditions to ensure the development, construction, or activity shall not have an adverse effect upon the control of beach erosion, hurricane protection, coastal flood control, and coastal preservation and restoration.

(g)

Application for CCSL permit; expiration; fee; appeals.

(1)

The CCSL permit application shall consist of the following:

a.

The submission of copies of the permit application and all permit-related information provided to the state department of environmental protection (FDEP), as specified in the Florida Administrative Code or by FDEP regulation (as amended from time to time);

b.

The submission of copies of the permit application to any other governmental agency with regulatory jurisdiction;

c.

If additional information or revisions are made to the FDEP or other regulatory agency permit application(s) or permit-related information, the revisions and additional information must be provided to the town;

d.

Unless self-evident or already included, the submittal shall include a brief description of the project; and

e.

The project must be consistent with the town's comprehensive plan and any additional information required by the comprehensive plan must be included with the permit application.

f.

The project shall not cause or create an adverse effect upon the control of beach erosion, hurricane protection, coastal flood control, and coastal preservation and restoration. The applicant shall include a statement as to how such adverse effects will be prevented and/or mitigated.

(2)

Permit application information shall be submitted to the town manager or designee. The town manager or designee will administratively review the application, investigate the site if necessary, and may consult with any consultant for additional information. If deemed necessary by the town, additional information or clarification from the applicant or other person may be requested to complete the permit evaluation.

(3)

For all projects seeking a CCSL permit, the adjacent property owners (within a 300 foot radius from the project property line) shall be notified by front door posting (or hand-delivery) and regular U.S. mailing to the mailing address provided by the Palm Beach County Property Appraiser's office, as a courtesy, and afforded a 14-day time period to comment on the proposed project. The permit applicant shall be responsible for providing proof of all postings (or hand delivery) and mailings to the town. If the 14-day period passes without comment from the adjacent property owners, it shall be assumed that they have no objection to the proposed project.

(4)

The town manager's or designee's administrative decision on the permit application may be an approval, an approval with conditions, or a denial, and written notice of the administrative decision shall be provided to the applicant. If the approval is with conditions, such conditions must be reasonably based on the town's need to prevent adverse effects upon the control of beach erosion, hurricane protection, coastal flood control, and coastal preservation and restoration; and/or, for the protection of the public health, safety, and welfare of the town and its residents.

(5)

If the town manager or designee determines that the project for which the CCSL permit has been requested will adversely impact the efforts to control beach erosion, hurricane protection, coastal flood control, and coastal preservation and restoration; will increase the harmful effects of hurricanes and storms along the coastal areas of the town; will be contrary to the public health, safety, and welfare of the town and its residents; will adversely impact adjacent property owners; or, is inconsistent with the comprehensive plan, the town manager or designee shall have the right to administratively deny the CCSL permit application.

(6)

If a CCSL permit is denied, or the applicant does not agree with any conditions of approval, the applicant may appeal the denial or conditions of approval to the board of adjustment pursuant to section 63-91. The appeal shall be limited to the application information submitted by the applicant for the CCSL permit and any other documentation generated or created by the town in its review and investigation of the application. Only the applicant may appeal a denial or conditions of approval of a CCSL permit. If the appeal is granted, a CCSL permit shall be issued consistent with the board of adjustment's decision and any conditions included with its decision.

(7)

CCSL permits shall expire two years from the date of issuance. The town manager is authorized to extend a CCSL permit for an additional six months if construction has been delayed by events outside of the reasonable control of the CCSL permit holder or their agents.

(8)

The CCSL permit fee shall be set by town resolution.

(h)

If a CCSL permit is administratively approved or a variance is granted, the resulting building permit(s) shall be conditioned on the applicant receiving all other regulatory approvals (inclusive of FDEP) prior to the town's issuance of the building permits).

(i)

For the construction, repair, or replacement of a dune crossover, if a public right-of-way bisects the property and the dune crossover is or is proposed to be on the dune side of the division of the property, the property owner shall be required to execute a unity of title, if one does not currently exist, prior to receiving a building permit for the work requested.

(j)

If a project requires a development plan review under section 63-56, a CCSL permit shall not be issued until the planning and zoning commission approves the project with or without conditions.

(Ord. No. 2020-05, § 5, 9-8-2020; Ord. No. 2023-04, § 2, 11-6-2023)

Notwithstanding exemption from the subdivision and platting regulations as set forth in this land development code, no building permit, certificate of occupancy or certificate of occupancy and use shall be issued by the building official unless an applicant for the permit or certificate shall have complied with the standards and criteria provided in section 64-108, where applicable, and the standards of this article.

(Code 1993, § 14-71)

Before any building permit, certificate of occupancy or certificate of occupancy and use is issued by the town for the subject property, the property owner shall submit a plan, prepared by a registered engineer in the state, to the building official depicting the proposed municipal street system, water system and drainage plan, complying with the land development code.

(Ord. No. 540, 3-13-2003)

If any person is aggrieved by the application of the provisions of this article other than as provided in section 67-55, he shall be entitled to appeal the application of this article to the board of adjustment for its review and determination as to the equitable applicability of this article to the specific property in question.

(Ord. No. 540, 3-13-2003)

(a)

Street system and street improvements. No building permit, certificate of occupancy or certificate of occupancy and use shall be issued by the town without the installation and construction and maintenance of an approved municipal street system, either on a dedicated public right-of-way or a private road easement from the nearest point of intersection with an existing approved municipal street system to the subject property, including the entire frontage of the subject property abutting the street. The required street improvements shall include storm drainage, swale improvements and all other normal ancillary improvements associated with the construction of approved municipal street systems.

(b)

Water system. No building permit, certificate of occupancy or certificate of occupancy and use shall be issued by the town without the installation and construction of an approved municipal water system, either on a dedicated public right-of-way or a private easement running to the nearest point of intersection with an existing approved municipal water system.

(c)

Drainage. No building permit, certificate of occupancy or certificate of occupancy and use shall be issued by the town without the installation and construction of approved municipal drainage to properly avoid water accumulation, prevent runoff to surrounding property and properly drain real property on which improvements, structures or buildings are to be built.

(d)

Nuisance plants. No certificate of occupancy or certificate of occupancy and use shall be issued by the town before the removal of all plants of the species enumerated in section 66-151 of this land development code, from any property subject to permitting under this land development code.

(Ord. No. 540, 3-13-2003)

The cost of installing the improvements required by this article shall be borne by the owner of the property for which the building permit, certificate of occupancy or certificate of occupancy and use is to be issued. The cost of maintaining the street or water system or drainage installed pursuant to this article shall be borne by the property owner if the improvements are to be privately owned and maintained. The cost of maintaining the same shall be borne by the town if the improvements are constructed to town standards, dedicated to the public and accepted by the town.

(Ord. No. 540, 3-13-2003)

All public improvements not formally dedicated to and accepted by the town shall be maintained by the property owner or property owners' condominium or other approved ownership and maintenance association which owns the property on which the improvements are to be located.

(Code 1993, § 14-76)

The town manager is authorized and empowered to notify in writing the owner of any property within the town, or the agent of such owner, to repair any street or water system or drainage constructed pursuant to this article, by registered or certified mail addressed to the owner or the agent of the owner at his last known address. Upon the failure or neglect or refusal of any owner or agent notified to repair the private street or water system or drainage, within 30 days after receipt of notice from the town manager, the town manager is hereby authorized to repair the improvements and bill the property owner or his agent.

(Code 1993, § 14-77)

(a)

Land disturbing activities can cause excessive runoff and accelerate the process of soil erosion, resulting in the damage and loss of natural resources, including the degradation of water quality.

(b)

In addition, emissions of particulate matter during construction and demolition, including but not limited to incidents caused by vehicular movement, transportation of materials, construction, alteration, demolition or wrecking of buildings or structures, or the stockpiling of particulate substances may trespass on neighboring properties and degrade air quality.

(c)

The town finds that:

(1)

Excessive quantities of soil may erode from areas undergoing development due to land disturbing activity.

(2)

Soil erosion can result in the degradation of valuable shoreline resources, such as dunes and lagoonal shoreline communities.

(3)

Sediment from soil erosion can clog storm sewers and swales, and silt navigational channels.

(4)

Sediment and sediment-related pollutants degrade wetland systems, including Lake Worth, resulting in the destruction of aquatic life and degradation of water quality.

(5)

Airborne sediments can constitute a nuisance for adjacent property owners, and degrade the quality of the air.

The purpose of this article is to safeguard persons, protect property, prevent damage to the environment, and promote the public welfare by guiding, regulating and controlling the design, construction, use and maintenance of any development or other activity which disturbs or otherwise results in the movement on earth of land situated in the town.

No person may engage in land disturbing activity until a plan has been submitted for erosion and sediment control and the plan has been approved by the town. The erosion control standards given in this article should be incorporated, as appropriate, into the erosion and sediment control plan.

(a)

No land disturbing activity during periods of construction or improvement to land shall be permitted in proximity to wetlands or the shoreline of any waterbody unless a 25-foot buffer zone is provided along the margin of the watercourse.

(b)

The angle for graded slopes and fills shall not be greater than the angle that can be retained by vegetative cover, or other adequate erosion-control, devices or structures (generally 4:1 or less). Slopes left exposed will, within ten working days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices or structures sufficient to restrain erosion.

(c)

Groundcover sufficient to restrain erosion must be planted or otherwise provided within ten working days on portions of cleared land upon which further construction activity is not being undertaken within 30 days of clearing.

(d)

Vegetative cover or other erosion control devices or structures used to meet these requirements shall be properly maintained during and after construction. This includes the installation of temporary fencing or other erosion control device for the purpose of protecting adjacent properties from the results of wind erosion during the construction.

Minor land disturbing activities, such as home gardens and individual home landscaping, repairs, maintenance work, and other related activities, provided such activities do not contribute to any on-site generated erosion, or degradation of lands or water beyond the boundaries of the property of the residence involved.

In addition to other remedies for violation of this chapter, violation of this article shall constitute grounds for the issuance of a stop work order by the building official in accordance with the provisions of the building code.

(a)

The proposed development and development activity shall not violate the water quality standards as set forth in F.A.C. 17-3.

(b)

The design and construction of the proposed stormwater management system will be reviewed to ensure that they do not violate guidelines incorporated in the public works department engineering standards, and will be certified as meeting the requirements of this land development code by the town engineer.

(c)

No surface water shall be channeled or directed into the sanitary sewer system.

(d)

The proposed stormwater management system shall be compatible with the drainage systems or drainage ways on surrounding properties or streets.

(e)

Stormwater systems shall be designed to meet the town's adopted level of service for drainage as follows:

(1)

Flooding will not occur during a one-year storm for systems served by pumping stations or during a three-year storm for systems with gravity outfalls, and the minor flooding associated with a five-year storm would be carried off within 60 minutes.

(2)

Water quality will be protected by the retention of the first one inch of rainfall prior to discharge into the town system, or the post development runoff does not exceed predevelopment runoff, which is greater.

(f)

All stormwater must run over permeable surfaces prior to discharge into the town drainage systems.

(g)

All stormwater management systems shall use soil erosion control techniques during construction, as described in section 67-150 et seq.

(h)

In phased developments, the stormwater management system for each integrated stage of completion shall be capable of functioning independently.

(i)

The characteristics of stormwater conveyed from the site should meet the public works department engineering standards, or approximate the rate, volume, quality and timing that occurred on the site under conditions preceding the proposed development, whichever is more stringent.

(j)

Methods to calculate runoff shall be calculated pursuant to applicable South Florida Water Management District, state and federal standards.

(a)

A stormwater management plan shall be submitted with all applications for building permits or site plan approval, as applicable. The stormwater management plan shall contain sufficient information to allow the town engineer to determine whether the proposed development meets the requirements of this section.

(b)

The following specific information shall be submitted:

(1)

Topographic map of the site clearly showing the location, identification and elevation of benchmarks. The contour interval of the topographic map shall not be greater than one foot.

(2)

An overall project area map showing existing hydrography and runoff patterns, and the size, location, topography, and land use of any off-site areas that drain onto, through or from the project area.

(3)

A map of vegetative cover if wetlands or other specially protected vegetation is present.

(4)

A map showing the locations of any soil borings or percolation tests. Percolation tests representative of design conditions shall be performed if the stormwater management system will use swales, percolation (retention), or exfiltration (detention with filtration) designs.

(5)

Grading plans specifically describing the interface of the proposed development with abutting properties.

(6)

Paving, road and building plan showing the location, dimensions and specifications of roads and buildings (including ground or finished floor elevations).

(7)

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.

(8)

Any other requirements deemed by the town engineer to be necessary due to unique site or design conditions.

(a)

The Florida Building Code as adopted by the state legislature, and as amended from time to time, is hereby incorporated by reference and adopted as the building code for the town.

(1)

As required by paragraph 1609.3, of the Florida Building Code, wind speed lines in the area of jurisdiction of the town are hereby established as set forth on the basic wind speed map, which is hereby adopted and incorporated as if fully set forth herein, of which copies have been and are now filed in the office of the clerk of the town.

(2)

Pursuant to table 1604.5 of the Florida Building Code, entitled Risk Category of Buildings and Other Structures, figures 1609A, 1609B and 1609C, establishing ultimate design wind speeds respectively of 170 mph, 190 mph and 160 mph in the town, are hereby adopted and incorporated as if fully set forth herein, copies of which have been and are now filed in the office of the clerk of the town.

(b)

Administrative amendments to the Florida Building Code may be adopted by resolution of this town commission, shall have the same force and effect as an ordinance within the town, and will be on file with the town clerk.

(Code 1993, § 14-26; Ord. No. 596, § 2, 4-2-2012; Ord. No. 623, § 4, 7-10-2017; Ord. No. 2024-03, § 2, 12-19-2024)

Editor's note— Ord. No. 623, § 4, adopted July 10, 2017, changed the title of § 67-31 from "Adoption of the Florida Building Code and countywide amendments." to read as herein set out.

Cross reference— Coastal construction code, § 67-16 et seq.

State Law reference— Florida Building Code mandated, F.S. § 553.73.

(a)

Minimum finished floor elevations. Minimum finished floor elevations, also referred to as the lowest floor permitted in flood hazard areas, shall be the highest of the following:

(1)

The minimum elevation required by the Florida Building Code and all other applicable governmental agencies.

(2)

At the elevation of 7.00 feet (NAVD-88), where the highest crown of the road abutting such property is at, or below an elevation of 5.10 feet (NAVD-88).

(3)

At the elevation of 18 inches above the average crown of the road abutting such property, where the elevation of the highest crown of the road abutting such property is above 5.10 feet (NAVD-88), but not lower than 7.00 feet (NAVD-88).

(b)

Other finished floor elevations.

(1)

The maximum finished floor elevation of the structure shall be established as the average floor elevation of all areas (by square foot area) of the first floor, which average shall be no higher than one foot above the established minimum floor elevation.

(2)

At the outside perimeter of a building, the grade shall not have a gradation drop of more than two inches per foot to the edge of the property.

(3)

Nothing in subsection (a) and (b) shall be construed to prohibit the construction of basements, garages, or porches, provided however, that all basements shall have a minimum finished floor elevation of not lower than 7.00 feet (NAVD-88), and except as otherwise provided in subsection (d)(2) of this section, a maximum finished floor elevation as required by subsection (b)(1) of this section. The artificial filling of land to create a basement is expressly prohibited. Notwithstanding the foregoing, all garages or other enclosed areas used solely for parking vehicles, building access or storage below the designed elevation can be constructed at elevations lower than 7.00 feet (NAVD-88), provided that the enclosed area provides for entry and exit of flood waters through: (i)two openings having a total net area of not less than one square inch per one square foot of enclosed area or (ii) engineered openings that are certified as having been designed to provide automatic equalization of hydrostatic flood forces. The bottom of any opening or engineered opening must be at least one foot above adjacent grade. All enclosed areas in special flood hazard areas must be constructed in accordance with the provisions of the Florida Building Code, Building Section 1612.4 or Florida Building Code Residential Section R322, as applicable.

(c)

Finished grade of slab. The minimum finished grade of the first floor or slab for residential structures located within the town shall be not less than 7.00 feet (NAVD-88), and such grade level shall not be higher than 8.00 feet (NAVD-88) except for enclosed areas which can be constructed at elevations lower than 7.00 feet (NAVD-88) in accordance with subsection 67-32(b)(3).

(d)

Maximum elevation.

(1)

Where the natural elevation of a lot, prior to the placement of any fill, is higher than 8.00 feet (NAVD-88), the maximum elevation of the first floor or slab shall be established at not more than 1.00 foot above the average natural elevation of the lot. However, if the maximum finished floor elevation in this section is lower than the required minimum elevation set forth in paragraph (a) of this section, then the elevation in paragraph (a) of this section would prevail as the maximum finished floor elevation.

(2)

Where the natural grade differential of a lot is sufficient to build a basement or garage with a minimum of a ten-foot grade differential, then the height of the structure is determined from the first floor living elevation.

(e)

In the event a flood insurance study has been proposed for Palm Beach County as well as a proposed flood insurance rate map this will be considered "best available data" provided certain requirements, as set forth by FEMA have been met. The town shall require the use of the elevations set forth in the "best available data" provided that the property owner meets all other requirements of the Code.

(Ord. No. 540, 3-13-2003; Ord. No. 599, § 2, 10-1-2012; Ord. No. 623, § 4, 7-10-2017; Ord. No. 2019-03, § 4, 4-1-2019; Ord. No. 2019-14, § 2, 1-6-2020; Ord. No. 2020-07, § 2, 10-5-2020)

Cross reference— Flood damage prevention, § 66-16 et seq.

(a)

Drainage required. New construction of single or multifamily buildings, or any other new building made on any lot within the town or any addition of or removal of fill or grade alteration on a lot shall require a drainage system adequate to detain, retain and transport volumes of runoff as may be regulated from time to time by federal, state and county laws and regulations and this Code. The required drainage system shall not cause additional runoff to discharge to adjacent properties. Swales shall be installed where public or private rights-of-way are wide enough to accommodate both the roadway and a viable swale. Such swales shall be no less than six inches below the elevation of the nearest edge of the roadway, and the normal design shall be not less than eight feet in width with a contour slope of 1:8. It is at all times prohibited to plant trees or bushes on swales or otherwise obstruct the flow of water in any swale system. Variations in these criteria may be made by the building code administrator to accommodate individual property limitations. Where it is not practical to install a swale, other means of retaining, detaining and transporting runoff shall be made with the approval of the building code administrator.

(b)

Driveways; change of grade. No person shall cause the changing of a street or road grade abutting any property or cause the right-of-way to be changed in grade in any manner which blocks or impedes proper or adequate drainage along the swale of such road. No driveway or approach shall interfere with public drainage. Where grading of a right-of-way is required, approval by the building code administrator shall be required prior to changing any grade of the swale within the right-of-way.

(c)

Trench drains; required. A trench drain, as used herein, is any drainage structure approved by the building code administrator for the transport of runoff, which is below grade, and which crosses a driveway or other impervious structure, and which also allows for the collection of runoff from the surface elevation. It may include perforated pipe, a grade and trough, or other approved means. Trench drains along a property line shall connect to an existing or new drainage system. Any construction or reconstruction of a driveway, other than resurfacing, patching or top dressing, shall require the placement of a trench drain across the driveway at a suitable point where the driveway crosses the public right-of-way, if surface swaling is either insufficient to carry the drainage flow, or the angle of elevation of the driveway without a trench drain would otherwise impede normal vehicular use.

(Code 1993, §14-28; Ord. No. 637, § 3, 11-5-2018)

Cross reference— Streets and sidewalks, ch. 46; driveway access requirements, § 64-45.

All water systems and other utilities constructed within the town after February 17, 1973, shall be designed and located consistent with the need to minimize possible flood damage in time of hurricane or other disaster.

(Code 1993, § 14-29)

Cross reference— Utilities, ch. 58; flood damage prevention, § 66-16 et seq.

Any construction with open space between the first floor and the finish grade, other than garage doors, ventilation vents or basement exits, shall not be permitted.

(Code 1993, § 14-30)

All balconies above the first floor level shall be constructed so that the exterior edge of the balcony does not protrude or extend into the required front yard setback, side yard setback or rear yard setback.

(Code 1993, § 14-31)

(a)

All pitched roofs shall comply with the requirements of section 64-1(f).

(b)

Flat roof restrictions. The following restrictions apply to flat roofs for residential single-family dwellings and accessory buildings to single-family residential dwellings:

(1)

The maximum tie beam height is 14 feet for a single-story structure or 24 feet for a two-story structure.

(2)

Flat roofs shall be screened by a parapet, which shall not extend above the top of the tie beam by more than 32 inches. The parapet shall extend around the flat roof and shall screen all authorized flat roof elements. Authorized flat roof elements are limited to permitted roof ventilation features, chimneys, and elevator bulkhead. The maximum height of a parapet extending around a flat roof usable area as defined in section 64-1(f)(3) shall not exceed three feet.

(3)

Except as specifically permitted by federal or state law, equipment shall not be placed on flat roofs. This restriction, includes but is not limited to, permanent or temporary placement or storage of antennas, antenna equipment cabinets, air condition equipment, generators, flag poles, elevator housing, tanks, landscaping equipment or living roofs, and any other equipment or roof element which extends above the top of the tie beam by more than 32 inches. If equipment is authorized by federal or state law to be placed on a flat roof, such equipment shall be sight screened from view in so far as possible. Temporary storage of equipment may be authorized by the building official during periods of permitted construction.

(4)

Except for a flat roof usable area as defined in section 64-1(f)(3), a flat roof may not be accessed or used for any purpose except for maintenance and repair or in the case of an emergency. All other access and uses including, but not limited to, habitation, dwelling, storage, recreational uses, temporary uses, and accessory uses, are prohibited on flat roofs.

(5)

Except for internal access to a flat roof usable area as defined in section 64-1(f)(3), access to a flat roof as part of the interior or exterior construction of a structure is prohibited.

(6)

Existing permitted equipment on a flat roof may be replaced with exact change out equipment as permitted by the building official.

(Code 1993, § 14-32; Ord. No. 2022-09, § 10, 8-1-2022)

Every interior lavatory basin and bathtub or shower shall be supplied with hot running water at all times.

(Code 1993, § 14-33)

(a)

Technical amendments to the Florida Building Code, Residential.

(1)

Cumulative substantial improvement. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term "Substantial Improvement" shall be as defined in Section 66-25.

(2)

Repetitive flood damage. In the Florida Building Code, Building, and Florida Building Code. Existing Building, definitions for the term "Substantial Damage" shall be as defined in Section 66-25.

(3)

Substantial Damage. In the Florida Building Code, Building, and Florida Building Code, Existing Building, definitions for the term "Substantial Damage" shall be as defined in Section 66-25.

(4)

Enclosures below required elevations.

a.

Enclosed areas below elevated dwellings in coastal high hazard areas (Zone V) and Coastal A Zones are not permitted, except where enclosed by insect screening or open lattice.

b.

Enclosed areas below elevated dwellings in flood hazard areas other than coastal high hazard areas (Zone V) and Coastal A Zones shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is required by the fire code. Where perimeter walls are permitted, the limitation on partitions does not apply to load bearing walls interior to perimeter wall (crawlspace) foundations. Access to enclosed areas shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the building (stairway or elevator).

c.

Enclosed areas below elevated buildings other than dwellings shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators, unless a partition is required by the fire code.

(Ord. No. 623, § 4, 7-10-2017; Ord. No. 2024-03, § 3, 12-19-2024)

(a)

Permits generally. No construction, alteration, remodeling or demolition of any improvement on any lot may be commenced without a permit by the town building official.

(b)

Demolition permits.

(1)

Partial demolition. Applications for permits for a partial demolition of any improvement must be accompanied by one of the following:

a.

An approved building permit for any reconstruction, alteration or remodeling which is the purpose for which the partial demolition permit is being sought, including a time certain within which new construction will commence and be completed; or

b.

Plans prepared by a registered architect or engineer demonstrating that once the partial demolition has been completed, the property and improvements remaining will consist of a complete, finished structure(s) in compliance with all other applicable provisions of the town's zoning and building requirements.

(2)

Complete demolition. Applications for permits for complete demolition shall include a plan to meet the applicable clearing, groundcover and other requirements of sections 67-136, 67-137, 67-153 and all other applicable provisions of town's Code of Ordinances, or be accompanied by an approved building permit for any reconstruction, alteration or remodeling which is the purpose for which the complete demolition permit is being sought, including a time certain within which new construction will commence and be completed.

(3)

Timeframes. For purposes of this section, and notwithstanding any code section to the contrary, once demolition or partial demolition begins, a contractor has 60 days to complete the demolition. In addition, the requirements under sections 67-136, 67-137, 67-153 and all other applicable requirements of town's Code of Ordinances must be completed no later than 120 days of the issuance of the demolition permit. These requirements do not extend the timeframes for construction as set forth in section 67-52.

(4)

Posting. Permits for the demolition or partial demolition of any improvements on land within the town shall be posted in the same manner as and pursuant to the same requirements for construction permits as required by the town's Code of Ordinances, including but not limited to those found in sections 67-59 and 67-153, as well as the Florida Building Code and any applicable county amendments thereto.

(5)

Letter of credit. To ensure that a demolition occurs within the timeframes set forth herein, the town requires that the property owner, developer or contractor, as appropriate, file with the town documents guaranteeing that the demolition will occur as set forth herein. Such guarantee shall be a personal bond secured by an unconditional and irrevocable letter of credit in an amount equal to 110 percent of the total cost of the demolition project which shall include grading and other requirements of sections 67-136, 67-137, 67-153, and all other applicable requirements of the town's Code of Ordinance. The expiration date of the letter of credit shall be at least three months after the expiration date of the anticipated demolition project date. The letter of credit shall be issued to the town by a state or United States banking institution. The town, after 30 days' written notice to the property owner, developer, or contractor, as appropriate, shall have the right to use any funds resulting from drafts on the letter of credit to secure satisfactory completion of the demolition project in the event the property owner, developer, or contractor, as appropriate, fails to compete the demolition project within the timeframe prescribed. Notwithstanding the requirements set forth herein, the town building official may waive the guarantee requirement of providing an unconditional and irrevocable letter of credit, provided that the property owner, developer, or contractor has complied with subsection (b)(1), and the building official has determined that the demolition will have limited adverse impacts and no life-safety issues, and that the timeframe(s) for the partial demolition or interior demolition does not require clearing, groundcover and other requirements of sections 67-136, 67-137, 67-153, and all other applicable provisions of town's Code of Ordinances.

(6)

Penalties. Failure to comply with these requirements of this section will subject the property owner to code enforcement, injunction, or any other remedies under the town's Code of Ordinances or the law.

(Ord. No. 613, § 2(B), 12-7-2015; Ord. No. 2021-01, § 2, 4-5-2021; Ord. No. 2022-05, § 2, 6-2-2022)

Editor's note— Ord. No. 2021-01, § 2, adopted April 5, 2021, changed the title of § 67-51, from "Permit required" to read as herein set out.

Construction shall commence within six months from the date of issuance of a building permit. If construction has not commenced within six months, the building permit shall expire. Following commencement of construction pursuant to a building permit, all construction shall be completed within two years unless extended for no more than one, six-month period by the administrative official, upon a showing of good cause. Subsequent to the granting of one administrative extension, any additional extensions may be granted by the town commission upon a showing of good cause. If construction is not completed within the two year timeframes prescribed in this section and as further extended by the administrative official, a financial penalty equal to the cost of the original building permit fee shall be imposed. The two year timeframe prescribed in this section shall stand repealed on December 31, 2025 unless reviewed and saved from repeal through reenactment by the town commission. Upon repeal, the timeframe for completing construction pursuant to a building permit shall be two years following commencement of construction for single-family residential estates, or one year for all other buildings or structures, unless extended for no more than one, six-month period by the administrative official, upon a showing of good cause.

(Ord. No. 2021-01, § 3, 4-5-2021; Ord. No. 2023-02, § 2, 6-5-2023)

No building permit or certificate of occupancy shall be issued by the town for any purpose except in compliance with the provisions of this land development code and other applicable ordinances and laws of the Town, a decision of the board of adjustment or court order.

A person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or continued. Upon conviction of any such violation, such person shall be punished within the limits as provided in this land development code and by the laws of the state.

(Code 1993, § 14-51)

There is hereby established a board, to be called the construction board of adjustments and appeals, which shall consist of five members. Such board, whenever possible, shall be composed of an architect, a general contractor or engineer, an electrical contractor, a plumbing contractor, and a member at large from the building industry. Such board shall be appointed by the town commission to hold such appointment at its pleasure. The board shall have the power and duty prescribed in the standards and countywide amendments adopted in section 67-31. In lieu of the board established herein, during the term of any agreement between the town and the county wherein the county reviews and issues building permits in the town, the town commission may forward an appeal to be heard before the county construction board of adjustments and appeals, or similar duly authorized appellate body. Application fees and costs shall be as approved by the town commission by resolution. In the event this town commission has not appointed members to the construction board of adjustments and appeals, this town's board of adjustment shall hear all appeals and variance requests that would normally be heard by the construction board of adjustments and appeals.

(Code 1993, § 14-52; Ord. No. 616, § 2, 11-7-2016; Ord. No. 2024-03, § 4, 12-19-2024)

Cross reference— Construction board of adjustment, § 63-34.

Each plan for new construction and any construction plan for work shall require the signature and seal of a registered architect licensed by the state for construction costing more than $25,000.00 and the signature and seal of a professional engineer licensed by the state for construction costing more than $10,000.00, who shall also include a statement that the plan conforms to all applicable town codes.

(Ord. No. 540, 3-13-2003)

(a)

Whenever the building official determines that a technical aspect of plan review so requires, the building official is hereby authorized to require the owner, architect, builder or other person applying under section 64-96 et seq. pertaining to subdivisions, or applying for a building permit, to furnish, at such person's sole expense, a professional engineer's opinion and approval of plans prior to issuing a building permit.

(b)

Where such opinion is required, the engineer shall certify that soil boring tests have been taken and that the plan and design as submitted will properly support the structure to be erected. The building official shall also require that at the time of slab inspection, but prior to the pouring of slab concrete, a stemwall survey by a professional engineer or registered land surveyor be furnished, to include the following:

(1)

The grade elevation at the top of two courses of blocks.

(2)

The distance from the outer face of the stemwall to all four property lines.

(3)

The elevation of the top of the form board showing the top of the concrete slab.

(c)

In lieu of or in addition to the requirements set forth in subsections (a) and (b), the building official is authorized to have the proposed plans and specifications submitted for review and opinion by the town engineer or a consulting professional engineer selected by the town manager, the fee for which shall be charged to the applicant, in an amount as set forth by resolution of the town commission. Such fee shall be paid prior to the issuance of a building permit. If fees for engineering review exceed the amount set forth above, the fees shall only be assessed to the owner, architect, builder or other person when authorized by the town commission.

(Code 1993, § 14-54; Ord. No. 633, § 9, 9-6-2018)

(a)

Fees for permits established in this article shall be as provided by resolution of the town commission. Such fees are on file in the town clerk's office.

(b)

The minimum fee for permit applications made under this article which the town commission can establish pursuant to subsection (a) above shall not be less than $45.00.

(c)

If any person commences any work on a building or structure before obtaining the necessary permit under this article, the fee for the permit, when obtained, shall be double the total amount of the permit fee otherwise required plus $200.00 if the total cost of the work on a building or structure is equal to or less than $5,000.00, and four times the total amount of the permit fee otherwise required if the total cost of the work on a building or structure exceeds $5,000.00.

(d)

Immediately upon the application for a permit, 30 percent of the permit fee becomes non-refundable and shall be retained by the town to cover the administrative costs associated with the permit application process. All requests for a refund of the remaining 70 percent of the permit fee must be received within 60 days of application for a permit or, if a permit has been issued, within 30 days of the issuance of the permit.

(1)

The town commission may choose to refund 100 percent of the fee based on the circumstances of a particular situation, irrespective of whether the request for such a return was made within the 30-day time limit.

(Ord. No. 540, 3-13-2003; Ord. No. 542, § 1, 10-6-2003; Ord. No. 585, § 2, 2-1-2010; Ord. No. 606, § 2, 3-3-2014)

Upon the issuance of any construction permit by the building code administrator, such permit(s), or a notice thereof, shall be posted forthwith, by the building code administrator, or other person designated by the building code administrator, which may include the permittee, on the real property where the construction is to occur, in such a manner that the permit or notice shall be visible and readable from the public right of way. The permittee shall furnish a suitable location, and reasonably protected facility for the posting of permits. The building code administrator shall approve the location and posting of all permits, and may relocate or require the relocation of such permits. The permit shall remain posted continuously until final approval or acceptance of the improvement by the town. Removal, destruction, or defacement of a posted construction permit by any person prior to the issuance of a certificate of completion, a certificate of occupancy or unless otherwise removed by the building code administrator, shall constitute a violation of this section, and such person shall be required to pay a fine of $100.00 for the first offense in any 12-month period, and further violation shall be subject to applicable law.

(Code 1993, § 14-56)

The clearing, excavation or filling of real property within the town shall be known as site work, and shall require a permit issued by the town manager or his designee where:

(1)

The required soil bearing tests disclose that soil bearing capacity is insufficient to construct a structure and the existing soil is to be excavated, and compacted fill is to replace the soil removed; or

(2)

The property is to be cleared or filled for any other reason permitted by law.

The requirements in this article shall apply for the clearing, excavation or filling of real property.

(Code 1993, § 14-96)

The clearing of lots or portions thereof within the town as described in this article shall require a permit. No lot clearing, grubbing, disking or blading shall be done without an application, permit and inspection.

(Code 1993, § 14-116)

Cross reference— Land development code, ch. 63 et seq.

No permit shall be required under this division for the placement of top dress material such as sand or topsoil on sod or grass lawns or within horticultural areas or gardens, where the material does not exceed three inches in depth when spread on the area to be top dressed. All top dress material as provided for in this section shall comply with the standards and testing set forth in this article for fill material.

(Ord. No. 540, 3-13-2003)

For each permit issued under this division, work shall commence within 60 days and shall be completed within 180 days of the date of issue. If work is commenced and not completed within the time permitted, but site work is actively being performed, an extension of not more than 30 days shall be granted.

(Code 1993, § 14-118)

(a)

General standards; removal of rock. The requirements of this section shall apply when site work is incidental to a construction permit. Clearing shall be required as described in this section. After all clearing operations have been completed, the existing ground within the area of construction or compacted fill shall be thoroughly disked or bladed until it is uniform and free from large clods of material. If rock is encountered during the clearing operations, it shall be allowed to remain in place, with the following exceptions:

(1)

Loose rock that will not pass a 3½-inch ring shall be removed from the site if it is within two feet of the compacted fill grade.

(2)

Loose rock that will not pass a 12-inch ring shall be removed from the site if it is within five feet of the compacted fill grade.

(3)

All remaining loose rock shall be scattered and buried on the site to ensure that all voids will be filled during compaction.

(b)

Clearing. Clearing shall consist of the complete removal and disposal of all timber, brush, stumps, roots, grass, weeds, sawdust, rock or concrete rubble, rubbish, trash and all other obstructions.

(c)

Spreading of fill. Fill material placed on a site shall be spread within ten days after the date of delivery to the site, and shall be seeded, sodded or planted with appropriate grass or ground cover. If construction is to occur within 30 days of placing the fill material, seeding, sodding and planting may be postponed until the appropriate stage of construction for the area affected. No fill shall be placed on a lot in advance of 30 days prior to commencement of construction.

(d)

Compacting. When the operations described in subsections (a) through (c) of this section have been satisfactorily completed, the existing soil shall be compacted to 95 percent of maximum dry density, as determined by the modified AASHO density test T-99-49.

(e)

Fill material; contours.

(1)

Fill material shall consist of clean sand and soil free of organic deposits, construction debris, rubble or rock; except that rock shall be permitted as provided in this section. Fill material containing asphalt and/or hazardous waste as defined by F.S. § 403.703(21) is prohibited as fill material. The building official may require professional analysis or testing of any or all fill material to ascertain compliance with this section. The cost of such analysis shall be paid by the permittee, and the town may charge an administrative fee, as set forth by resolution of the town commission, per test, in addition to the cost of analysis.

(2)

Finished contours for spreading of fill shall include landscape berms, drainage retention areas and slopes, so long as such contours do not impede the natural flow of drainage from the lot, other than as required by law, or cause such drainage to adversely impact adjacent lots and shall otherwise comply with the drainage provisions of this land development code.

(f)

Hydraulic fill operations. When hydraulic fill is to be used for filling all or a portion of the site, the source of fill material shall be free of peat or organic deposits. All peat or organic material pumped onto the site to reach acceptable material shall be washed or removed from the site prior to placing acceptable material. Proper drainage shall be provided for the operation. A collection pump or outlet to receiving waters shall be provided and maintained. Filling shall proceed from the furthest point on the site to be filled to the drainage outlet point. Filling shall be done under the continued monitoring of an engineer. At such times as the engineer detects peat, organic material or other objectionable material in the fill material, all operations shall be stopped and such adjustments made as are necessary to achieve acceptable material. After all material has been placed, the material shall be left undisturbed for at least 24 hours or until the soil mass ceases to drain. The material shall then be tested for density. Should the material not meet minimum soil bearing requirements, the soil mass shall be compacted with vibratory compactors to produce the minimum compaction density as required in this section.

(g)

Engineer's certification. Upon completion, the landowner's engineer shall provide the town engineer with an as-built topographic survey of the site and shall certify under seal that the operations were conducted in accordance with the stormwater requirements of section 67-157 and acceptable standards and law.

(Ord. No. 540, 3-13-2003; Ord. No. 633, § 10, 9-6-2018)

When site work is not incidental to a construction permit, clearing shall be required as described in section 67-136. In addition, the following requirements shall apply:

(1)

Blading. After all clearing operations have been completed, the existing ground shall be thoroughly disked or bladed until it is uniform and free from large clods of material and water-holding pockets.

(2)

Fill. Fill material, if placed upon the site, shall comply with the provisions of section 67-136 (e), (f), (g).

(Ord. No. 540, 3-13-2003)

In addition to meeting the requirements of this land development code, the design and performance of all stormwater management systems shall comply with applicable federal and state regulations and requirements of the South Florida Water Management District. In all cases, the strictest of the applicable standards shall apply.

(Ord. No. 540, 3-13-2003)

Cross reference— Flood damage prevention, § 66-16 et seq.

The purpose of this division is to establish uniform minimum standards for the occupancy and maintenance of every building and structure, including but not limited to single-family and multifamily dwellings, institutional, governmental and accessory buildings and structures, as well as the remaining, but nonconforming, commercial structures located in the town. The objective and intent of this division is to improve, preserve or maintain the buildings and structures of the town, and to eliminate blighting influences. Every building or structure in the town shall be subject to these provisions, and shall conform to these requirements regardless of when the building or structure may have been constructed, altered or repaired. This division does not replace or modify standards of other technical codes or ordinances regulating the construction, replacement or repair of buildings or unsafe structures, but shall be a supplement to and operate in conjunction with the Florida Building Code and all other technical codes as adopted by ordinance.

(Code 1993, § 14-150)

Cross reference— Florida Building Code, as amended, adopted, § 67-31.

The town code enforcement special master (hearing officer), pursuant to the authority of F.S. ch. 162, shall have jurisdiction to hear and decide cases in which violations of this land development code are alleged; provided, however, that alternatively, the town may use the citation method of code enforcement, by filing a notice to appear in county court, or any other lawful means available, at its discretion.

(Code 1993, § 14-152)

Cross reference— Code enforcement special master, § 16-1.

All dwellings and other structures must comply with the applicable edition of the Standard Housing Code adopted by the town, as well as with this code.

(Ord. No. 540, 3-13-2003)

(a)

Standards. The owner and operator of all real properties within the town shall maintain the exterior of all structures on the premises in such a manner to conform with all town codes and ordinances; to avoid blighting influences on neighboring properties, and to avoid the creation of hazards to public health, safety and welfare. Properties shall be maintained in accordance with the following standards:

(1)

The exterior of all premises and every structure thereon, including all parts of the structures and appurtenances whether or not exposed to public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, discoloration, ripping, tearing or other holes or breaks. All screened enclosures shall be properly fitted and maintained. All other surfaces shall be maintained free of broken glass, crumbling stone, brick or stucco, or other conditions reflective of deterioration or inadequate maintenance.

(2)

All surfaces requiring paint or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti, void of any substantial evidence of deterioration, including but not limited to peeling, mildew, oxidation or weather or water staining.

(3)

All off-street parking spaces shall be asphalt, concrete, gravel, turf block or paving units and shall be smooth surfaced and in good repair in compliance with town codes; provided, however, that off-street parking spaces surfaced with gravel shall be maintained so that the surface is substantially level, even and well contained, with no gravel on adjacent public or private roadways.

(b)

Deficiencies. Property failing to meet the standards in subsection (a) above, will be considered "deficient." A blighting influence on the surrounding neighborhood in violation of this division exists when a deficiency or combination of deficiencies represents more than 25 percent of the area of any wall or roof or paved surface as viewed from any single vantage point off the property.

(c)

Landscaping. Except as herein provided, the entire yard must be landscaped. Height shall conform with all applicable town ordinances. Play areas, gardens, flower beds, compost beds or containers, driveways, walks or other landscape architectural features or accessory structures not intended to have vegetative cover should be clearly defined and maintained free of weeds. Dead, dying or defoliated hedges or trees are deficient. All foliage infected by any exotic pests including but not limited to whitefly [Singhiella simplex (Singh) (Hemiptera: Aleyrodidael)] is deficient. All landscaping shall comply with the provisions of chapter 66, article IV, division 1, sections 66-119, 66-120, 66-125, division 2, division 3 and division 4 of this land development code. In addition, landscaping shall be maintained in good condition, shall present a healthy, neat, and orderly appearance, and shall be free from refuse and debris. Property not meeting these standards will be considered deficient. A blighting influence on the surrounding neighborhood in violation of this division will exist if more than 33 percent of the yard area visible from any single vantage point-off the property is deficient.

(d)

Landscaping in public rights-of-way. Swales and parkways shall be sodded or seeded by the abutting real property owner or occupant with grass, which shall be maintained to a height not greater than permitted by this Code for the abutting property owner's private property, or with other landscape materials as may be permitted or licensed by the town.

(Ord. No. 540, 3-13-2003; Ord. No. 550, §§ 2, 3, 12-6-2004; Ord. No. 598, § 2, 7-9-2012)

A building or habitable structure shall be deemed unsafe and referred to the appropriate agency, department or board for remedial action when any one or more of the following exist:

(1)

It is abandoned, unguarded and open at doors or windows;

(2)

There is an accumulation of dust, debris or other combustible material therein or directly adjacent thereto;

(3)

The building condition creates hazards with respect to means of egress and fire protection as provided in the building code and regulations of the town;

(4)

There is a falling away, hanging loose or loosening of any siding, roofing, block, brick or other building material;

(5)

There is deterioration of the structure or structural parts;

(6)

The building is partially destroyed;

(7)

There is a sagging or leaning out of square or plumb of the building or any part of the building and such effect is caused by deterioration or over-stressing;

(8)

The electrical or mechanical installations or systems create a hazardous condition contrary to the standards of the town's building code and other town regulations;

(9)

An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems;

(10)

By reason of use or occupancy, the area, height, type of construction, fireresistance, means of egress, electrical equipment, plumbing, air conditioning or other mechanical or architectural features regulated by the land us or building codes do not comply with the codes for the use and group of occupancy.

(11)

This section shall also apply to nonhabitable structures to the extent it refers to deterioration, destruction, hazard, debris, unsanitary condition or noncompliance with other codes or ordinances.

(Code 1993, § 14-155)

Repairs and installations shall be made so as to comply with the provisions of the building code and all other applicable regulations, laws and/or codes. All work shall proceed in a timely fashion and be done in a workmanlike manner.

(Code 1993, § 14-156)

(a)

Occupancy prohibited. The owner shall not occupy, permit another to occupy, or let to another for occupancy any habitable structure, dwelling, dwelling unit or motel unit which is not clean, sanitary, safe and fit for human habitation. Every occupant of a dwelling or dwelling unit shall be responsible for the following:

(1)

Keeping in a clean and sanitary condition that part of the dwelling or dwelling unit he/she occupies or controls, including all equipment, sanitary facilities, yards, courts, driveways, lawns and shrubbery.

(2)

Disposing of rubbish, garbage, lawn and shrubbery cuttings, leaves and other waste materials as provided by applicable law; placing garbage in disposal facilities or storage containers as required the town Code of Ordinances.

(3)

Preventing the infestation of rodents, vermin and other pests within the dwelling unit he occupies or controls.

(4)

Preventing animals or pets from creating an unsanitary condition or a nuisance on any premises within the town.

(b)

Responsibilities. The owner or operator of every dwelling unit and motel shall, jointly and severally:

(1)

Be responsible for the sanitary and safe maintenance of all equipment, furnishings, walls, floors, ceilings and other building parts, and the entire premises, including yards, courts, driveways, lawns and shrubbery.

(2)

Reserved.

(3)

Permit no cooking in any motel units where appropriate cooking facilities have not been permanently installed in accordance with the provisions of this Code.

(4)

Be responsible for the prompt and sanitary disposal all garbage and trash through the use of approved mechanical equipment or placing same in required containers; disposal of rubbish, garbage, lawn and shrubbery cuttings, leaves and other waste material as provided by applicable law.

(5)

Be responsible for the extermination of rats and mice, and other pests.

(6)

Maintain the exterior so as to prevent the accumulation of stagnant water thereon.

(7)

Prevent animals or pets to be kept in any unit or on the premises in such a manner as to create unsanitary conditions or a nuisance.

(Ord. No. 540, 3-13-2003)

(a)

No owner, occupant or operator of a dwelling, dwelling unit or motel shall deposit, or cause to be deposited, any rubbish, garbage or other refuse on adjacent properties.

(b)

The owner of property adjacent to dwelling structures shall be required to keep such premises free from growth of weeds, grass, other flora, and rubbish, trash and other refuse in accordance with applicable laws, codes and ordinances.

(c)

The owner of property adjacent to a water body shall be required to keep such property, above the mean high water line, free from rubbish, trash and other refuse.

(Code 1993, § 14-158)

(a)

Minimum standards. No person shall maintain or operate any commercial structure which does not comply with this section.

(b)

Maintenance of exterior of premises. The exterior of all buildings and structures shall be kept free of all nuisances, and hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises, and must be kept free of unsanitary conditions. Any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include, but are not limited to, the following:

(1)

Dead and dying trees and limbs;

(2)

Loose and over-hanging objects which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof;

(3)

Holes, excavations, breaks, projections, obstructions;

(4)

Excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to or used by persons on the premises;

(5)

Inadequate runoff drains for stormwaters;

(6)

Sources of infestation;

(7)

Foundations, floors and walls which are not structurally sound; chimneys, flue and vent attachments which are not safe, durable, smoke tight and capable of withstanding the action of the flue gasses;

(8)

Exterior porches, landings, balconies, stairs and fire escapes which are not provided with bannister or railings properly designed and maintained to minimize the hazard of falling.

(c)

Appearance of exterior of premises. The exterior of buildings and structures shall be maintained so that their appearance shall not constitute a blighting factor upon adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood including, but not limited to, the following:

(1)

Premises shall be kept landscaped and maintained, and lawns, hedges and bushes shall be kept trimmed or maintained.

(2)

All store fronts and walls exposed to public view shall be kept in a good state of repair.

(3)

Any awning, marquee or sign and its accompanying structural members shall be maintained in a good state of repair. In the event any such awnings are made of cloth, plastic or of a similar material, it shall not show evidence of excessive weathering, mildewing, discoloration, ripping, tearing or other holes.

(d)

General maintenance. The exterior of every building or other structure shall be maintained in a good state of repair and all surfaces thereof shall be kept painted where necessary for the purposes of preservation and appearance. All surfaces shall be maintained free of graffiti, mildew, broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions, such as weather or water staining reflective of deterioration or inadequate maintenance.

(e)

Garbage storage receptacles. Garbage storage receptacles or garbage disposal facilities shall be provided and maintained for the disposal of garbage at every occupied building or structure.

(f)

Unsafe commercial buildings and structures. A commercial building or structure shall be deemed unsafe and referred to the appropriate agency, department, or board for remedial action when it meets one or any of the conditions set forth in the Standard Building Code as adopted by the town for unsafe buildings.

(g)

Responsibilities of owner and operators. The owner or operator of a commercial building or structure shall be responsible for maintaining the minimum standards required by this chapter. Specifically, the owner and the operator are jointly and severally liable as follows:

(1)

For keeping all parts of the premises under his control in a clean and safe condition, and preventing any acts which would render other parts of the premises unclean, unsanitary or unsafe or which would obstruct the owner/operator from performing any duty required by this chapter.

(2)

For eliminating infestation of pests in and on the premises subject to his control.

(3)

For maintaining all plumbing fixtures in a clean and sanitary condition and preventing the deposit of any material in any fixture or sewer which would result in stoppage of or damage to the fixtures or sewer system.

(Ord. No. 540, 3-13-2003)

Authorization to inspect: The town code enforcement agency, through its code inspectors, is hereby authorized to inspect from time to time all dwellings, and commercial, and institutional buildings and other structures subject to the minimum property standards of this division. When a code inspector is required to enter onto private premises to make an inspection, it shall be with the consent of the owner, operator, lessee or occupant. In the event that consent to enter the premises is withheld, the code inspector may make application to the proper court for an order allowing access to the premises. Inspection of all buildings or structures shall be made during reasonable hours. If the code inspector has cause to believe an immediate threat exists to the health, welfare or safety of persons in or about any building or structure, he may direct that an inspection be made at anytime.

(Code 1993, § 14-160)

Whenever the administrative official determines there are reasonable grounds to believe that there has been a violation of this chapter or any reasonable rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefore, and such alleged violations shall constitute a nuisance. Such notice shall:

(1)

Be in writing;

(2)

Include a statement of the reasons why it is being used and cite the applicable violations of this Code;

(3)

Include a description of the real estate sufficient for identification;

(4)

With respect to required repairs, reconstruction, alterations, removal or demolition, if such are not voluntarily completed within the stated amount of time as set forth in the notice, the matter shall be heard in front of the code enforcement special master at a time, place and date specified in such notice; or upon showing of good faith, the administrative official may, for good cause, grant up to a 90-day extension of time in which to comply with the notice;

(5)

With respect to an abutting property owner's failure to maintain the swale or parkway area or adjacent vegetation, specify what maintenance must be performed and require the owner to maintain the swale area, parkway area or adjacent vegetation within ten days of the receipt of the notice;

(6)

State that the owner or abutting real property owner, as the case may be, will be liable for the costs of repair, removal, demolition or maintenance if performed by the town due to the owner's or abutting real property owner's failure to do so, and said costs, plus administrative charges, shall constitute a lien against the property;

(7)

State that a lien will be recorded against the property;

(8)

With respect to maintenance of the swale or parkway areas or adjacent vegetation, advise the abutting real property owner that upon subsequent failure to maintain said areas, the town may, without further notice to the abutting real property owner, take steps reasonably necessary to maintain the same, the cost of which, plus administrative charges, will be a lien against the property;

(9)

Advise the abutting real property owner that subsequent failure to maintain the swale or parkway area or adjacent vegetation may be referred to the code enforcement board, and that fines may be levied as provided in chapter 16 of the Code; and

(10)

If the building has been declared unsafe and unfit, state the time occupants must vacate the building.

(Code 1993, § 14-161; Ord. No. 550, § 4, 12-6-2004)

(a)

Any building condemned by the code enforcement special master shall be so designated and placarded by the building official, and shall be vacated within the stated time after such condemnation has been ordered by the code enforcement special master, unless the defect or defects upon which the condemnation is based is eliminated within the stated time. If there exists an immediate threat to the health safety and welfare of anyone using the building, or if the circumstances otherwise warrant such action, the building official may declare a building to be unfit and unsafe, and require such building to be vacated immediately without order of the code enforcement special master.

(b)

If the building has been declared unfit and unsafe, a copy of the notice in placard form shall be posted and kept at each entrance and exit to the building. Every notice to vacate shall state:

"THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL OR CODE ENFORCEMENT SPECIAL MASTER OF THE TOWN OF OCEAN RIDGE, FLORIDA."

Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person to remove such notice without written permission of the building official.

(Code 1993, § 14-162)

It shall be unlawful for any person to enter any building which has been condemned and placarded, except for the purpose of making the required repairs or demolishing same. It shall be a violation of this land development code punishable as provided by Florida Statutes for any person to enter into or fail to vacate any building deemed unsafe or unfit. It shall be the duty of all appropriate law enforcement officers to enforce the provision of this paragraph in accordance with all applicable laws, including F.S. § 901.15, as amended. The building official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Notwithstanding any other provision of this land development code, the town manager may require the erection of a temporary fence or other barrier to prevent the use of a structure or property which is deemed unfit and unsafe.

(Code 1993, § 14-163)

(a)

Performance of work. The repair or demolition of an unsafe or unfit building shall be performed in an expeditious and workmanlike manner in accordance with the requirements of this code and all other applicable codes and accepted engineering practice standards.

(b)

Cost of repair or demolition. In accordance with the final order of the code enforcement special master, the building official may cause the building to be repaired to the extent required to render it safe or if demolition is required, to cause the building to be demolished and all debris removed from the premise. The cost incurred under this article, including reasonable attorney fees, court or hearing costs, and the cost of demolition or repair, shall be charged to the owner of the premises, and if not paid within 30 days from the date of invoice, shall become a lien upon the property from which the unsafe building was repaired or removed and shall bear interest at the statutory legal rate per annum from the date when the same became due and payable.

(c)

Fines. In addition to charging the owner of the premises the costs referenced in subsection (b) herein, the code enforcement special master may also fine the property owner or his agent any amount permitted by law.

(Code 1993, § 14-164)

(a)

By owner. Unsafe structures shall be demolished and the debris removed to an authorized landfill or substantially repaired within 30 days of notification by the town building official. Notification shall be sent to the record owners of the real property upon which the structure is located and the holder of any mortgage liens against the property.

(b)

By town. In the event an unsafe structure is not substantially repaired or demolished and the debris removed within 30 days of notification by the town building official and pursuant to the procedures stated in this article, the town is authorized and empowered to substantially repair, demolish, and/or remove the structure. The cost of substantially repairing, demolition, or the removal of the structure incurred by the town, including the actual cost of the substantial repair, demolition, the removal of the structure, title work costs and expenses, all administrative and legal expenses, and other identifiable costs incurred by the town, shall be assessed against the property as authorized in section 67-200. All assessments shall be paid in full no later than the close of town business on the 20th business day after the property owner has received notice of the assessment. Thereafter, the unpaid amount of the assessment will accrue interest at the rate of 12 percent per annum or at the maximum rate allowed by law, whichever is less.

(c)

[Request for enlargement of time.] The 30-day time periods contained in subsections (a) and (b) may be enlarged by the town building official, in a decision which is rendered in writing by the town building official, upon receipt by the town building official of the owner's written request for an enlargement of time. In the written request, the owner must show cause as to why the enlargement of time should be granted. In the event the town building official denies the owner's request for an enlargement of time, said decision shall be rendered in writing by the town building official and delivered to the owner by certified mail, return receipt requested.

(Ord. No. 592, § 2, 2-7-2011)

(a)

A notice of repair, demolition or removal shall be provided to the record owner of the real estate upon which the structure is located and any holder of a mortgage lien, by certified mail, return receipt requested.

(b)

In addition, a copy of the notice, as outlined in this subsection, shall be posted:

(1)

In a conspicuous place in the town hall, and

(2)

Upon such dwelling or structure and shall be recorded in the public records of Palm Beach County.

(c)

In addition, a copy of the notice, as outlined in this subsection, shall be published simultaneously for two consecutive weeks in a newspaper of local circulation. Such notice shall be substantially in the following form:

NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY

REPAIR AND INSPECT

(Insert Date of Notice)

The owner or other interested parties for the structure located at (address), are hereby notified that the Town of Ocean Ridge, Florida, will proceed to have the structure repaired, demolished or removed thirty days after the date of this Notice if said structure is not substantially repaired by this date. All costs incurred by the Town in connection with the repair, demolition or removal will be assessed against the property.

If, as a result of this Notice, the structure is substantially repaired by the owner, notice is hereby given that the structure may be inspected by the Town. A fee will be charged for each inspection and the fees will be assessed against the property.

To request an extension of time, the owner should contact (Contact person and phone number) within ten (10) days of the date of this Notice. Said request must be in writing pursuant to subsection 67-195(c), Code of Ordinances, Town of Ocean Ridge.

An affected owner has the right to seek judicial relief from this action. The appropriate petition should be filed in the court of jurisdiction by the affected owner within thirty (30) days of the date of this notice, pursuant to section 67-199, Code of Ordinances, Town of Ocean Ridge. The fee required in the notice shall be as set forth by resoluton of the town commission.

(d)

Evidence that an attempt has been made to hand deliver or mail the notice, as provided herein, together with proof of publication, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the owner actually received said notice.

(Ord. No. 592, § 2, 2-7-2011; Ord. No. 633, § 11, 9-6-2018)

Decisions of the town building official required by this article shall be in writing. The date of the determination shall be the date it is reduced to writing and signed by the town building official.

(Ord. No. 592, § 2, 2-7-2011)

Appeal of the town building official's decision not to grant an extension of time, pursuant to subsection 67-195(c), must be sought, in writing sent to the town building official, within ten days of the date that decision is reduced to writing.

(Ord. No. 592, § 2, 2-7-2011)

An affected owner has the right to seek judicial relief from the notice of demolition. The appropriate petition should be filed in the court of jurisdiction by the affected owner within 30 days of the date of delivery of the notice, as required in this article. If notice is not successfully delivered to the record owner or holder of any liens, the appropriate petition should be filed in the court of jurisdiction by the affected owner within 30 days following the second consecutive week of publication of notice in a paper of local circulation. No action shall be taken by the town in connection with a structure which is the subject of any judicial procedure relating to the demolition. Nothing herein shall preclude an owner from seeking temporary stay of demolition proceedings prior to the actual date upon a good faith showing by the owner of absence of receipt of notice.

(Ord. No. 592, § 2, 2-7-2011)

Upon completion of the actions undertaken by the town pursuant to section 67-195, the town manager shall notify in writing the owner and, if applicable, the agent, custodian, lessee, or occupant that a special assessment has been imposed on the property. The notice shall be delivered by certified mail, return receipt requested.

The notice of assessment shall set forth the following:

(1)

A description of the unsafe structure, a description of the actions taken by the town to substantially repair or demolish the unsafe structure, and the fact that the property has been assessed for the costs incurred by the town to substantial repair or demolish the unsafe structure.

(2)

The aggregate amount of such costs and an itemized list of such costs.

(3)

The intent of the town to record the assessment as a lien against the property if not paid timely, within the period of 20 business days as set forth in subsection 67-195(b).

(4)

The intent of the town to charge interest at the rate of 12 percent per annum or at the maximum rate allowed by law, whichever is less, if the assessment is not paid timely, within the period of 20 business days as set forth in subsection 67-195(b).

(5)

The intent of the town to declare the assessment delinquent and to place the assessment on the tax roll as a non-ad valorem assessment if not paid by the following September 1.

(6)

The potential for the property to be subject to the sale of a tax certificate, bearing interest by law at a rate as high as 18 percent per annum, if the non-ad valorem assessment is not paid as part of the tax bill on the property.

(7)

The potential for the property to be sold and conveyed by tax deed if the tax certificate is not redeemed by payment of the non-ad valorem assessment in full, plus interest, as required by Florida law.

(Ord. No. 592, § 2, 2-7-2011)

(a)

Establishment of special assessment district. The town, in its entirety, as its town boundaries exist on the date of enactment of this section [Feb. 7, 2011] and as they may be expanded or contracted from time to time, is hereby declared a special-assessment district for the purposes of the demolition of unsafe structures pursuant to this article. Individual properties within the town's boundaries, as they may exist from time to time, may be assessed for the costs incurred by the town for demolition of unsafe structures pursuant to this article.

(b)

Levy of non-ad valorem assessments. There is hereby levied, and the town commission is authorized to levy from time to time, a non-ad valorem assessment against each and every property in the town:

(1)

On which there occurs or has occurred the repair or demolition of an unsafe structure pursuant to this article,

(2)

The town undertakes or has undertaken action pursuant to this article to demolish an unsafe structure and, thereby, incurs or has incurred costs, and

(3)

The property owner and, if applicable, the agent, custodian, lessee, or occupant of the property, fails or refuses or has failed or refused, for whatever reason, to pay timely the amount owed to the town under this article for the costs incurred by the town in carrying out the demolition of the unsafe structure.

(c)

Collection of non-ad valorem assessments. The town commission elects to use the uniform method to impose and collect non-ad valorem assessments against properties on which demolitions of unsafe structures occurs. The non-ad valorem assessments collected pursuant to this section will be included in the combined notice for ad valorem taxes and non-ad valorem assessments as provided in F.S. § 197.3635. Non-ad valorem assessments collected pursuant to this section are subject to all collection provisions in F.S. § 197.3632, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment.

(d)

Agreement to reimburse the Palm Beach County Property Appraiser and the Palm Beach County Tax Collector. In order to use the uniform method for the levy, collection, and enforcement of the non-ad valorem assessments, the town is authorized to enter into a written agreement with the Palm Beach County Property Appraiser and the Palm Beach County Tax Collector providing for the reimbursement of their costs incurred in the administration and collection of the non-ad valorem assessments levied under this section.

(e)

Resolution adopted. The town commission has adopted a resolution at a public hearing prior to March 1, 2011, in accordance with F.S. § 197.3632(3) (2010), which resolution states the following:

(1)

The town's intent to use the uniform method of collecting non-ad valorem assessments.

(2)

The town's need for the imposition of the non-ad valorem assessments.

(3)

The entire town is declared a special-assessment district, with individual properties being subject to the non-ad valorem assessment from time to time if and when demolitions of unsafe structures pursuant to section 67-195 occur.

The town will comply with all statutory notice prerequisites set forth in F.S. § 197.3632.

(f)

Annual non-ad valorem assessment roll. Each year, the town commission will approve a non-ad valorem assessment roll at a public hearing between January 1 and September 15. The non-ad valorem assessment roll will be comprised of properties that have had levied against them non-ad valorem assessments under this section, and such assessments have not otherwise been paid in full prior to approval of the roll.

The town manager and the town attorney are authorized and directed each year:

(1)

To prepare the notice that must be sent by first-class United States mail, as required by F.S. § 197.3632(4)(b), and

(2)

To prepare and publish the newspaper notice required by F.S. § 197.3632(4)(b).

The notice to be sent by first-class mail will be sent to each person owning property that will be on the non-ad valorem assessment roll and will include the following:

(1)

The purpose of the assessment;

(2)

The total amount to be levied against the parcel, which includes the actual cost incurred by the town;

(3)

A statement that failure to pay the assessment will cause a tax certificate to be issued against the property, which may result in a loss of title;

(4)

A statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and

(5)

The date, time, and place of the hearing.

Upon its approval by the town commission, the non-ad valorem assessment roll will be certified to the tax collector as required by law.

(Ord. No. 592, § 2, 2-7-2011)

That no more than three unrelated persons shall reside in any dwelling unit as further defined in the definition of "family" as provided in section 1-3 of this Code.

(Ord. No. 615, § 3, 11-7-2016; Ord. No. 628, § 3, 11-6-2017)

(a)

This section implements the policy of this town for processing requests for reasonable accommodation from this town's ordinances, rules, policies, practices, and procedures for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601 et. seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et. seq.) ("ADA"), as amended from time to time. For purposes of this section, a "disabled individual" or a "disabled person" means an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or a qualifying entity) may apply for a reasonable accommodation with respect to this town's land development code, laws, rules, land use policies, or other relevant practices and/or procedures as provided by the FHA and the ADA by submitting an application for a reasonable accommodation pursuant to the procedures set forth in this section. Applications for a reasonable accommodation must provide proof that a person requires a reasonable accommodation because he/she is disabled and/or handicapped under the FHA and/or ADA.

(b)

A request or application by a disabled person or individual ("applicant") for a reasonable accommodation under this section may be either oral or written in accordance with procedures set forth by this town clerk. If in writing it shall be made by completing a form which is available in this town clerk's office. The form shall contain questions and requests for information, which are necessary for this town to process the reasonable accommodation request.

(c)

If the information required to be provided by the applicant to this town, includes medical information and/or records, including records relating to the medical condition, diagnosis or medical history of the applicant, the applicant at the time of the submission of the medical information, may request that this town treat the medical information as confidential information of the applicant. In such case, this town shall endeavor to keep the applicant's medical information confidential to the extent permitted by law. The town shall thereafter use its best efforts to provide written notice to the applicant and/or the applicant's authorized agent, attorney or representative, of any request received by the town for disclosure of the medical information or documentation which the applicant has previously requested be treated as confidential by this town. The town will cooperate with the applicant to the extent allowed by law, in actions initiated by persons or entities that challenge or oppose this town's nondisclosure of medical information or records of the applicant. However, this town shall have no obligation to defend against any other action seeking to compel the production of public records or to incur any legal or other expenses in connection therewith, and may produce the records to the extent this town determines the records are not exempt from the Public Records Act, or to comply with any judicial or administrative order without prior notice to the applicant.

(d)

When a reasonable accommodation request has been submitted to this town clerk's office, it will be scheduled for a quasi-judicial hearing before the special magistrate appointed by this town commission, which shall be the same special magistrate appointed to hear code enforcement cases, unless this town commission specifically appoints a special magistrate to hear the reasonable accommodation requests. The special magistrate may:

(1)

Grant the reasonable accommodation request in full;

(2)

Grant a portion of the reasonable accommodation request and deny a portion of the reasonable accommodation request, and may impose conditions upon the portion of the reasonable accommodation request that was granted; or

(3)

Deny the reasonable accommodation request. Any denial of a reasonable accommodation request shall be in writing, and shall state the grounds for the denial. All decisions of the special magistrate on a request for reasonable accommodation shall be in writing and shall give the applicant notice of the applicant's right to appeal. The written decision of the special magistrate shall be sent to the applicant (i.e., the disabled individual or his/her authorized agent, attorney, or representative) by regular mail at the address specified for notice by the applicant on the application form.

(e)

In determining whether a reasonable accommodation request should be granted or denied, the applicant, or, if applicable, the qualifying entity, must establish that the applicant is protected under the provisions of the FHA and/or ADA by demonstrating that the applicant is handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section, the disabled individual who is the subject of the request for a reasonable accommodation must show:

(1)

A physical or mental impairment which substantially limits one or more major life activities;

(2)

A record of having such impairment; and

(3)

That the disabled individual is regarded as having such impairment. After satisfying the foregoing three criteria, the applicant must demonstrate that the proposed accommodations being sought are reasonable and necessary to afford him/her an equal opportunity to use and enjoy housing.

(f)

If denied an applicant may seek review, by writ of certiorari to the Fifteenth Judicial Circuit, of the special magistrate's written decision on a reasonable accommodation request within 30 days after the date on which the written decision is rendered.

(g)

No fee shall be imposed by the town clerk's office in connection with a request for reasonable accommodation under this section, or for an appeal of a decision of the special magistrate. The town shall have no liability for or legal obligation to pay an applicant's attorney's fees or costs, including the attorney's fees and costs incurred in any appeal at any appellate level.

(h)

During the time when an application for reasonable accommodation is pending, this town shall not enforce the land development code, ordinance, rules, policies, and procedures which are the subject of the request for a reasonable accommodation against the applicant.

(i)

The following general provisions shall be applicable:

(1)

The town shall display a notice in the town's public notice bulletin board (and shall maintain copies available for review in this town clerk's office), advising the public that disabled individuals (and qualifying entities, if applicable) may request a reasonable accommodation as provided in this section.

(2)

A disabled individual, or if applicable a qualifying entity who has applied for a reasonable accommodation, may be represented at all stages of the reasonable accommodation process by a person designated by the disabled individual as their authorized agent, attorney, or representative.

(3)

The town shall provide assistance and accommodation as is required pursuant to the FHA and ADA in connection with a disabled person's request for reasonable accommodation, including without limitation, assistance with interpreting the reasonable accommodation application form and responding to the questions contained therein, assistance with completing the form, assistance with filing an appeal, and assistance in appearing at hearings to ensure the process is accessible.

(j)

Approvals of requests for reasonable accommodation shall expire within 180 days if not implemented.

(Ord. No. 615, § 3, 11-7-2016)