This chapter shall be known and may be cited as the Minimum Property Standards Chapter.

The purpose of this section is to establish uniform minimum standards for the occupancy and maintenance of all property located in the Village, including vacant lots and construction sites. The objective of these code provisions is to improve, preserve and maintain the buildings and structures as well as landscaping and surrounding property throughout the Village and to eliminate blighting influences, wherever possible. All property in the Village shall conform to the requirements of this code regardless of when the building or structure may have been constructed, altered or repaired. These minimum property standards are not intended to replace or modify standards of other codes or ordinances regulating the construction, replacement or repair of buildings or unsafe structures, but encompasses maintenance standards and shall operate in conjunction with the standard building codes and all other technical codes as embodied in this Code.

(Ord. No. 2017-02, § 2, 5-24-17)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Acceptable State of Repair. Structure which is safe and habitable for its ordinary and intended use; the materials used therein or any fixture related thereto must be sound, stable and performing the function for which intended.

Accessory Structure. A subordinate use or building customarily incident to and located upon the same lot occupied by the permitted main use or building.

Alteration. Any change, addition or modification in construction or occupancy.

Approved. Approved by a majority vote of the Village Council.

Blighting Influence. Any physical condition of property maintenance which directly or indirectly causes a reduction in the value of surrounding properties including, but not limited to dilapidation or deterioration as defined herein.

Brush. Any accumulation of, but not limited to, the following: grass clippings, hedges and tree trimmings, palm fronds, leaf rakings and other such debris resulting from the maintenance of lawns and yards.

Building. See Structure.

Cooking Facilities. Any equipment, machinery or appliances used in the preparation of food and storage of foods.

Deterioration. The condition or appearance of a building, or parts thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.

Dilapidated. A condition of structural disrepair or deterioration to the extent requiring rehabilitation, reconstruction or demolition.

Dwelling. A building or portion thereof designed or used exclusively for residential occupancy.

Electrical. All work, material and/or system of electrical wiring for use of light, heat or power, and all appurtenances, apparatus or equipment used in conjunction therewith, inside of or attached to any building or structure, lot or premises.

Enforcement. The code enforcement officers of the Village, with technical assistance being provided by the contracted building official, as requested.

Enforcement Officer. Any employee or agent of the Village charged with the responsibility of making inspections of buildings and structures, and issuing notices when necessary. These terms shall be synonymous with title of code inspector, building inspector, fire inspector and code enforcement officer and police officer.

Extermination. The control of insects, rodents, vermin and/or other pests by destroying their harborage places; by removing or making inaccessible those materials that may serve as their food; by poisoning, spraying, fumigating and trapping; or by any other recognized and legal means.

Fire Hazard. Anything or any act which violates the fire codes of the Village and/or the National Fire Protection Association regulations then in effect.

Garbage. The animal and/or vegetable waste resulting from the handling, preparation, cooking and/or consumption of food; and wastepaper, plastic or related materials used in the packaging and preparation of foods.

Good Working Condition. The item is fully and safely operable for the use for which it was manufactured or intended.

Habitable Area (or Space). An area or space in or on a structure for living, sleeping, eating, cooking or recreation. Bathrooms, toilet compartments, closets, halls, storage rooms, machinery rooms, mechanical equipment rooms, utility space and similar areas are not considered habitable space.

Infestation. The presence of insects, rodents, vermin or other pests.

Nuisance. Anything that endangers life or health, gives offense to the senses, or obstructs reasonable use of any property or any act or activity prohibited by general, special or local laws.

Occupant. Any person living, sleeping, cooking, eating in or having actual possession of a dwelling unit.

Operator. Any person who has charge, care or control of a building or structure, or part thereof, which is subject to this code.

Owner. Any person who alone or jointly has legal title to any building or structure, or part thereof, which is subject to this code.

Person. Any individual, firm, corporation, association, partnership, or other legal entity.

Plumbing. Includes all of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal unit, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, spa's, hot tubs, installed clothes washing machine, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines and water pipes and line utilized in conjunction with air-conditioning equipment.

Rubbish. All combustible and noncombustible waste materials except garbage, including but not limited to non-operating toys, bicycles, motorcycles, automobiles, mechanical equipment and machines or parts thereof.

Structure (Building). Anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having permanent location on the land. This definition includes free standing flag poles, flag staffs, and/or other devices, whether set in sand, concrete or other substance, whose customary intended purpose is to fly, hand or display flags. This definition specifically excludes flag poles or flag staffs less than eight (8) feet in length that are mounted to a vertical exterior wall or a principal structure or accessory building.

Structurally Sound. Free of imperfection which affects the intended safe use of the structure.

Supplied. Paid for, furnished or provided by or under control of the owner or operator.

(Ord. No. 2017-02, § 2, 5-24-17)

(1)

The owner and occupants of all real properties within the Village shall maintain the exterior of the premises in such a manner to conform with this chapter as well as all other Village 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:

(A)

The exterior of all premises and every structure thereon, including all parts of the structure and appurtenances, 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, loose or broken roof tiles or material, or other conditions reflective of deterioration, dilapidation or inadequate maintenance.

(B)

All surfaces requiring paint or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained with uniform colors, void of any evidence of deterioration.

(C)

All garbage, refuse and re-cycling containers shall be screened from public view. No trash or garbage may be placed at the road earlier than 7:00 p.m. of the day preceding scheduled collection, and all solid waste carts, recycling containers and uncollected trash shall be removed from the roadway no later than 9:00 p.m. on the day of collection. All items that are to be collected as bulk items shall not be placed at the road more than forty eight (48) hours in advance of the bulk pick up collection date.

(D)

Except as herein provided, the entire yard or open space where exposed to public view must be landscaped. Height of hedges shall conform with all applicable Village ordinances. Play areas, gardens, flower beds, etc., not intended to have vegetative cover should be clearly defined and maintained free of uncultivated growth. Yards shall be sodded with natural grass or natural ground cover and must be maintained free of uncultivated growth.

(E)

Storage of equipment, containers, supplies, etc. shall be kept in an enclosed garage or otherwise screened so as not to be visible from public view.

(F)

Enclosed garages used primarily for storage instead of primarily for vehicle parking, the garage door(s) shall be kept closed except when working in or moving items in or out of the garage. "Primarily for vehicle parking" shall mean that the garage is being used to park the number of vehicles for which it was designed.

(G)

The owner of vacant lots shall be required to keep such premises free from the growth of weeds, other flora; sand, soil or other fill material used in connection with or as a result of construction projects; and rubbish, trash and other refuse; additionally all vacant lots shall be sodded and continuously maintained.

(H)

No portable toilets shall be located within eight feet (8') of any property line.

(2)

Violation; Repairs and Installations.

(A)

Property failing to meet the standards in this chapter will be considered to be in violation of this chapter.

(B)

Repairs and installations shall be made so as to comply with the provisions of this chapter, 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.

(Ord. No. 2017-02, § 2, 5-24-17; Ord. No. 2023-03, § 6, 6-14-23)

The owner shall not occupy, permit another to occupy, or let to another for occupancy a dwelling that is not clean, sanitary, safe and fit for human habitation.

Every owner and occupant of a dwelling or dwelling unit shall be responsible for the following:

(A)

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.

(B)

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

(C)

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

(D)

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

(Ord. No. 2017-02, § 2, 5-24-17)

(A)

Minimum Standards. No person shall maintain or operate any commercial, or nonresidential 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 overhanging 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 lawn, 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 storm waters;

(6)

Sources of infestation;

(7)

Foundations, floors, and walls which are not structurally sound;

(8)

Chimneys, flue and vent attachments which are not safe, durable, smoke tight and capable of withstanding the action of flue gasses;

(9)

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

(10)

Standing pools of water or containers of water that might provide a breeding place for mosquitoes.

(11)

Signage which becomes dilapidated or below industry standards in any way, whatsoever.

(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 at all times in accordance with the landscape code as set forth in Chapter [5.04].

(2)

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

(3)

Any awning or marquee and its accompanying structural members which extend over any, sidewalk or any other portion of the premises shall be maintained in an acceptable state of repair. In the event such awnings or marquees are made of cloth, plastic or of a similar material, such cloth or plastic, where exposed to public view shall not show evidence of excessive weathering or discoloration and shall be free from rips tears or other holes. Nothing herein shall be constructed to authorize any encroachment on streets, sidewalks or other parts of the public domain.

(D)

General Maintenance. The exterior of every building or structure shall be maintained in a good state of repair and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of graffiti, broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Garbage storage receptacles or garbage disposal facilities shall be provided and maintained for the disposal of garbage at every occupied building or structure.

(E)

Unsafe Commercial, Non-residential or Institutional Buildings and Structures. A commercial or non-residential building or structure shall be deemed unsafe and referred to the appropriate agency, department or board for remedial action when it meets one or more of the conditions set forth in the Standard Building Code as adopted by the Village for unsafe buildings.

(Ord. No. 2017-02, § 2, 5-24-17)

(A)

The Village building official and code enforcement officers are hereby authorized to inspect from time to time all structures that are subject to the minimum property standards of this chapter. When a code inspector is required to enter onto private premises to make an inspection, he/she shall do so with the consent of the owner, operator, lessee or occupant.

(B)

Inspection of all buildings or structures shall be made during reasonable hours. If the Village has cause to believe an immediate threat exists to the health, welfare or safety of persons in or about any building or structure, an inspection be made at anytime necessary to protect the public interests.

(C)

Fire inspectors and police officers are hereby authorized to assist building and code enforcement inspectors when so requested by the building official or zoning administrator.

(Ord. No. 2017-02, § 2, 5-24-17)

(A)

Violations of this chapter shall be subject to the Village Code enforcement procedures adopted pursuant to F.S. Ch. 162, including notice, hearing, and penalty provisions therein. A violation of this chapter may be subject to a fine of up to two hundred fifty dollars ($250) a day for each violation or five hundred dollars ($500) a day for each repeat violation. Additionally, violations may be subject to abatement procedures pursuant to F.S. Ch. 162 and/or may be subject to any other means of enforcement allowed by law.

(B)

For any and every violation of the provisions of this chapter, and for each and every day that such violation continues, the violation shall be punishable as follows:

(1)

If a violation continues past the date set for compliance in the notice of violation, the Code Enforcement Officer or his/her designee shall immediately notify the special master and request a hearing pursuant to F.S. Ch. 162. Written notice as provided for in F.S. Ch. 162 shall be given to the violator, specifying the violation, and the date, time and place of the hearing.

(2)

At the conclusion of the hearing, the special master may impose a fine (not to exceed two hundred fifty dollars ($250) per day for each day the violation continues past the date set for compliance or five hundred dollars ($500) for repeat violations.

(3)

Failure to maintain any property according to the requirements of this chapter shall constitute a violation of the Village Code. Each day a property is not maintained according to the requirements of this chapter shall constitute a separate and continuing violation of this chapter.

(Ord. No. 2017-02, § 2, 5-24-17)