Amended & Enacted 5/25/10 1 Introduced by the Council President at the request of the Office of 2 General 3 Committee: Counsel and amended by the Public Health 4 5 6 ORDINANCE 2010-329-E 7 AN ORDINANCE AMENDING 8 PROVISIONS), PART 9 ENFORCEMENT), SECTION 3 CHIEF 320, (ORGANIZATION 320.303 OF (GENERAL AND (DUTIES BUILDING AND 10 POWERS 11 ORDINANCE CODE TO REVISE THE POWERS AND DUTIES 12 OF THE BUILDING OFFICIAL TO ADDRESS UNSAFE AND 13 HAZARDOUS 14 REQUIREMENTS, 15 PROCEDURE; AMENDING CHAPTER 518 (JACKSONVILLE 16 PROPERTY SAFETY AND MAINTENANCE CODE), PART 1 17 (GENERAL PROVISIONS), SUBPART F (EMERGENCIES), 18 SECTION 518.151 (EMERGENCIES), ORDINANCE CODE 19 TO 20 ESTABLISH 21 PROCEDURES; AMENDING 22 STANDARDS), SUBPART 23 UNFITNESS 24 518.462 (STRUCTURES UNFIT FOR HUMAN OCCUPANCY) 25 TO PROVIDE FOR NOTICE AND APPEAL MECHANISMS; 26 AMENDING PART 4 (PROPERTY STANDARDS), SUBPART 27 G 28 (APPEALS AND VARIANCES) TO INCLUDE AN APPEAL 29 MECHANISM 30 PROVIDING AN EFFECTIVE DATE. 31 OF CHAPTER CONDITIONS, REVISE THE A (APPEALS AND AND FROM PROVIDE ESTABLISH NOTICE HEARING FOR INSPECTION) A HEARING REQUIREMENTS PROCEDURE HUMAN NOTICE PART F FOR EMERGENCY 4 (PROPERTY (DECLARATION OCCUPATION), VARIANCES), SPECIAL AND SECTION MASTER OF SECTION 518.471 DECISIONS; & Safety Amended 5/25/10 1 BE IT ORDAINED by the Council of the City of Jacksonville: 2 Section 1. Chapter 320 (General Provisions), Part 3 3 (Organization and enforcement), Ordinance Code, is amended in part 4 as follows: 5 CHAPTER 320. 6 PART 3. GENERAL PROVISIONS. ORGANIZATION AND ENFORCEMENT 7 8 9 * * * Sec. 320.303. Duties and powers of Chief of Building Inspection. 10 * * * 11 (g) 12 When EXIGENT CIRCUMSTANCES. the Building Official receives notice or otherwise 13 determines that any building, structure, premises, electrical, gas, 14 mechanical 15 threat to the life and safety of the occupants and/or the public, 16 the Official shall immediately make diligent efforts to contact the 17 occupants and the owner of the property through reasonable means 18 (which may include telephone or personal notification) in an effort 19 to correct the threat to public safety. 20 shall prevent the Building Official from inspecting any condition 21 to verify proper corrective actions have been taken, nor does it 22 relieve a property owner or other individual from obtaining any 23 permits or other approvals necessary to do corrective work. or plumbing system presents an imminent and serious However, nothing herein 24 In exigent circumstances, where advance notice is impractical, 25 and the threat to public safety is so immediate and severe that 26 delay poses a threat to the public safety, the Building Official 27 may order all occupants removed from the building, structure or 28 premises, utility service to the unsafe or hazardous condition(s) 29 terminated, and/or further occupancy contingent on correction of 30 the unsafe or hazardous condition(s) or code violation(s). - 2 - Amended 5/25/10 1 For purposes of this subsection, the circumstances supporting 2 the determination that an immediate threat exists to the life and 3 safety of the occupants and/or the public are those, in the opinion 4 of 5 emergency ex parte injunction, without notice, in a Circuit Court 6 proceeding for abatement of a public nuisance. The exercise of this 7 authority is not intended to be routine, but shall be reserved for 8 those instances in which advance notice is impractical and the 9 threat to public safety constitutes a true emergency. the Building Official, which would justify the entry of an 10 Electrical service shall not be terminated except in those 11 instances where the electrical service itself presents an imminent 12 danger to public safety or where the risk of spark or explosion is 13 present, or to prevent further occupancy of any unsafe structure. 14 The mere existence of a code violation for a failure to secure 15 permits shall not justify an order to vacate under this subsection. 16 In 17 enforcement 18 violation. 19 those circumstances, process the Building authorized by Official law to may initiate correct any any such In all cases in which the Building Official has ordered all 20 occupants 21 utility service to the unsafe or hazardous condition(s) terminated, 22 the Building Official shall give written notice to the property 23 owner and the occupants of the Official’s actions within two (2) 24 business days of the issuance of the order (excluding Sundays and 25 legal holidays). 26 removed the building, structure or premises, or The notice shall include the following: 27 (1) 28 the property; 29 (2) 30 from The street address, if any, and a legal description of A description of the building or structure or portion(s) thereof which constitutes the unsafe or hazardous condition; - 3 - Amended 5/25/10 1 (3) A statement of the particular defects, code violations 2 or circumstances which justified the immediate action to protect 3 the health and safety of the public or occupants of the property; 4 and 5 (4) That the property owner shall have an opportunity to 6 contest the Building Official’s actions 7 hazardous condition(s) or code violation(s), upon appeal of such 8 determination within 5 days to the Special Master. 9 to abate the unsafe or The notice required by this Section shall be mailed by certified 10 or 11 occupant of the structure as shown by the public records of Duval 12 County, and shall also be mailed to the owner's agent if such 13 agent's name and address is on file in the Property Appraiser's 14 Office as shown on the latest tax roll. 15 express (h) mail or hand delivered to each owner, lessee and If a petitioner requests a hearing under this Section, the 16 filing of that request shall automatically stay the effect of the 17 vacate order and/or order terminating electrical service and the 18 parties shall be restored to the status quo ante the issuance of 19 the Building Official’s Order, unless the Building Official who 20 entered the Order certifies in writing, under oath that, by reason 21 of facts stated in the certificate, a stay would cause an imminent 22 threat to life and safety. In the case of a certificate filed 23 according to the previous sentence, the stay shall be terminated, 24 the order to vacate / order to terminate utilities shall remain in 25 effect, and the parties shall not be restored to the status quo 26 ante. 27 provided to the appealing party by mail on the same day that it is 28 filed with the Special Master. 29 (i) A copy In of the the event Building that Official’s the Building certificate Official has shall filed be a 30 certificate stating that an immediate threat to life or 31 exists, a hearing will be scheduled within two (2) business days - 4 - safety Amended 5/25/10 1 before the Special Master. The hearing may not be continued unless 2 the appealing party consents to the continuance. 3 The City shall bear the burden of proving that an imminent 4 peril to life and safety justifies the order to vacate / order to 5 terminate 6 enforcement mechanism will not adequately protect the public health 7 and safety in light of the emergency. Testimony shall be taken 8 under oath and the provisions generally governing hearings before 9 the 10 electrical Special Master, service and including that subpoenaing any other witnesses, available presenting evidence and cross-examination, shall be observed. 11 After hearing evidence, the Special Master may quash the order 12 to vacate and/or order to terminate electrical power; may continue 13 the order(s) in effect; and/or may refer the matter for proceedings 14 under Chapter 162, including the imposition of fines. The Special 15 Master shall issue his ruling on the same day that the hearing is 16 held. Upon entry, a copy of the Special Master’s decision shall be 17 mailed to the parties by U.S. mail. 18 (j) In those circumstances where the Building Official has not 19 filed a sworn certificate justifying the lifting of the automatic 20 stay, a hearing shall be scheduled before the Special Master at the 21 next available Special Master hearing. 22 The City shall bear the burden of proving that an imminent 23 peril to life and safety justifies the order to vacate / order to 24 terminate 25 enforcement mechanism will not adequately protect the public health 26 and safety in light of the emergency. Testimony shall be taken 27 under oath and the provisions generally governing hearings before 28 the 29 evidence and cross-examination, shall be observed. electrical Special Master, service and including that subpoenaing any other witnesses, available presenting 30 After hearing evidence at the hearing, the Special Master may 31 quash the order to vacate and/or order to terminate electrical - 5 - Amended 5/25/10 1 power; may continue the order(s) in effect; and may refer the 2 matter for proceedings under Chapter 162, including the imposition 3 of fines. Upon entry, a copy of the Special Master’s decision shall 4 be mailed to the parties by U.S. mail. 5 (k) Nothing herein shall prevent the City from referring any 6 violation of the City’s codes to the Special Master sitting as the 7 Code Enforcement Board for proceedings under Chapter 162 of the 8 Florida Statutes or any other enforcement mechanism available by 9 law. In addition, nothing herein shall prevent the City from 10 pursuing condemnation, abatement of a public nuisance, or any other 11 administrative or judicial remedies that may be available to remedy 12 any code violations or threats to public safety. 13 Section 2. Chapter 518 (Jacksonville Property Safety and 14 Maintenance 15 (Emergencies), Ordinance Code, is amended in part as follows: 16 Code), CHAPTER 518. Part 1 (General Provisions), Subpart F JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE. 17 PART 1. GENERAL PROVISIONS 18 * * * 19 SUBPART F. EMERGENCIES 20 Sec. 518.151. 21 (a) Emergencies. Notwithstanding any other requirements of this Chapter, 22 when, in the 23 requires immediate action to protect the health, safety or general 24 welfare of the public or occupants of a property, the Chief shall 25 take that action which he deems appropriate to abate the conditions 26 which threaten the health, safety or general welfare of the public 27 or occupants. The action may require the purchase of materials and 28 labor 29 temporary measures are inadequate, the property may be demolished 30 provided notice procedures prescribed in this Section have been 31 instituted. In these cases, the Chief may order repairs to be made adequate opinion to of render the Chief, the an property - 6 - emergency temporarily exists safe. which When Amended 5/25/10 1 and the occupants to vacate the property immediately, as the case 2 may be. 3 For purposes of this subsection, the circumstances supporting 4 the determination that an immediate threat exists to the life and 5 safety of the occupants and/or the public are those which would 6 justify the entry of an emergency ex parte injunction, without 7 notice, in a Circuit Court proceeding for abatement of a public 8 nuisance. The exercise of this authority is not intended to be 9 routine, but shall be reserved for those instances in which advance 10 notice is impractical and the threat to public safety constitutes a 11 true emergency. 12 Electrical service shall not be terminated except in those 13 instances where the electrical service itself presents an imminent 14 danger to public safety or where the risk of spark or explosion is 15 present. 16 The mere existence of a code violation for a failure to secure 17 permits shall not justify an order to vacate under this subsection. 18 In 19 process authorized by law to correct any such violation. 20 those (b) circumstances, the Chief may initiate any enforcement Whenever the Chief finds that a property constitutes a 21 hazard to the health, safety or general welfare of the occupants or 22 public an imminent threat to the life and safety of the occupants 23 or public, and deems it appropriate to declare that an emergency 24 exists, he/she shall be authorized to enter the premises and take 25 whatever action is appropriate to correct the condition. In such 26 event, the Chief shall be authorized to enter the premises, with or 27 without notice or permission of the occupant or owner. Involuntary 28 access 29 subparagraph, 30 where the threat to public safety is so immediate and severe that 31 delay without poses notice shall a only threat or be to permission, permitted the public - 7 - as in provided exigent safety. in this circumstances In all other Amended 5/25/10 1 circumstances, 2 occupant or owner or shall secure a warrant authorizing entry. 3 (c) the Chief shall secure the permission of the In all cases in which the Chief has ordered all occupants 4 removed from the building, structure or premises, utility service 5 to the unsafe or hazardous condition(s) terminated, and/or further 6 occupancy 7 condition(s) or code violation(s), the Chief shall give written 8 notice 9 actions within two (2) business days of the issuance of the order 10 contingent to the property correction owner and of the the unsafe occupants or of hazardous the Chief’s (excluding Sundays and legal holidays). 11 The notice shall include the following:. 12 (1) 13 the property; 14 (2) 15 on The street address, if any, and a legal description of A description of the building or structure or portion(s) thereof which constitutes the unsafe or hazardous condition; 16 (3) A statement of the particular defects, code violations 17 or circumstances which justified the immediate action to protect 18 the health and safety of the public or occupants of the property; 19 and 20 (4) That the property owner shall have an opportunity to 21 contest 22 condition(s) 23 determination within 5 days to the Special Master. 24 the Chief’s or actions code to abate violation(s), the unsafe upon or appeal hazardous of such The notice required by this Section shall be mailed by certified 25 or 26 occupant of the structure as shown by the public records of Duval 27 County, and shall also be mailed to the owner's agent if such 28 agent's name and address is on file in the Property Appraiser's 29 Office as shown on the latest tax roll. 30 31 express (d)(c) mail or hand delivered to each owner, lessee and The property owner shall be given notice as immediately as possible In cases where Chief determines that (1) the City must - 8 - Amended 5/25/10 1 undertake immediate corrective action to prevent loss of life or 2 property; 3 building or structure or portions thereof, the property owner shall 4 be provided notice within two (2) business days (excluding Sundays 5 and legal holidays) regarding such work, and the fixing of the lien 6 therefore by the notice methods specified herein, however, this 7 notice shall not be cause for holding up delaying city work to 8 abate any extreme and imminent public safety hazard. Whether or not 9 the notice is sent prior, during, or after the city work, the or shall (2) the demolish 12 and the charges therefor, upon appeal of such determination within 13 30 days to the Building Codes Adjustment Board. When the city work 14 includes demolition of structure(s), the notice shall also include 15 mortgage and lienholders. include the following: 18 (2) 19 20 owner shall dangerous opportunity to contest the determination to do the emergency work the property; property the 11 17 the to notice (1) that intends 10 16 state City have an The street address, if any, and a legal description of A description of the building or structure or portion thereof that has been repaired or destroyed; (3) A statement of the particulars in which the building or 21 structure 22 protect the health, safety or general welfare of the public or 23 occupants of the property; 24 (4) or portion thereof required the immediate action to That any repairs or demolition performed by the city 25 shall cause a special assessment and lien to be placed for the 26 total costs thereof and administrative fee; 27 (5) That the city, notwithstanding the above, reserves the 28 right to proceed with an action foreclosing the lien placed against 29 the property, to hold the owner of the property personally liable 30 for the cost of repairing the offending condition or destroying the - 9 - Amended 5/25/10 1 building or structure, or placing the lien on the tax rolls for 2 collections purposes; 3 (6) That the property owner shall have an opportunity to 4 contest the determination to do the emergency work and the charges 5 therefor, upon appeal of such determination within 5 days to the 6 Special Master. 7 (e) 8 certified 9 mortgagee of the structure as shown by the public records of Duval 10 County, and shall also be mailed to the owner's agent if such 11 agent's name and address is on file in the Property Appraiser's 12 Office as shown on the latest tax roll. When the city work includes 13 demolition of structure(s), the notice shall also include mortgage 14 and any lienholders. 15 (f) The notice required by this Section shall be mailed by or express mail to each owner, lessee, occupant and If a petitioner requests a hearing under this Section, 16 the filing of that request shall automatically stay the effect of 17 the vacate order and/or order terminating electrical service and 18 the parties shall be restored to the status quo ante the issuance 19 of 20 certifies in writing, under oath that, by reason of facts stated in 21 the certificate, a stay would cause an imminent threat to life or 22 safety. 23 previous 24 vacate / order to terminate utilities shall remain in effect, and 25 the parties shall not be restored to the status quo ante. A copy of 26 the Chief’s certificate shall be provided to the appealing party by 27 mail on the same day that it is filed with the Special Master. 28 the (1) Chief’s In the Order, case sentence, In that the an unless of the event a Chief certificate stay that immediate the shall the threat be filed entered has filed or the a safety Order to the order to certificate 29 stating 30 hearing will be scheduled within two (2) business days before the - 10 - life the according terminated, Chief to who exists, a Amended 5/25/10 1 Special Master. The hearing may not be 2 appealing party consents to the continuance. continued unless the 3 The City shall bear the burden of proving that an imminent 4 peril to life and safety justifies the order to vacate / order to 5 terminate 6 enforcement mechanism will not adequately protect the public health 7 and safety in light of the emergency. Testimony shall be taken 8 under oath and the provisions generally governing hearings before 9 the 10 electrical Special Master, service including and that subpoenaing any other witnesses, available presenting evidence and cross-examination, shall be observed. 11 After hearing evidence, the Special Master may quash the order 12 to vacate and/or order to terminate electrical power; may continue 13 the order(s) in effect; and/or may refer the matter for proceedings 14 under Chapter 162, including the imposition of fines. The Special 15 Master shall issue his ruling on the same day that the hearing is 16 held. Upon entry, a copy of the Special Master’s decision shall be 17 mailed to the parties by U.S. mail. 18 (2) In those circumstances where the Chief has not filed a 19 sworn certificate justifying the lifting of the automatic stay, a 20 hearing shall be scheduled before the Special Master at the next 21 available Special Master hearing. 22 The City shall bear the burden of proving that an imminent 23 peril to life and safety justifies the order to vacate / order to 24 terminate 25 enforcement mechanism will not adequately protect the public health 26 and safety in light of the emergency. Testimony shall be taken 27 under oath and the provisions generally governing hearings before 28 the 29 evidence and cross-examination, shall be observed. electrical Special Master, service including and that subpoenaing any other witnesses, available presenting 30 After hearing evidence at the hearing, the Special Master may 31 quash the order to vacate and/or order to terminate electrical - 11 - Amended 5/25/10 1 power; 2 matter for proceedings under Chapter 162, including the imposition 3 of fines. Upon entry, a copy of the Special Master’s decision shall 4 be mailed to the parties by U.S. mail. 5 may (g) continue the order(s) in effect; and may refer the Nothing herein shall prevent the City from referring any 6 violation of the City’s codes to the Special Master sitting as the 7 Code Enforcement Board for proceedings under Chapter 162 of the 8 Florida Statutes or any other enforcement mechanism available by 9 law. In addition, nothing herein shall prevent the City from 10 pursuing condemnation, abatement of a public nuisance, or any other 11 administrative or judicial remedies that may be available to remedy 12 any code violations or threats to public safety. 13 Section 3. Chapter 518 (Jacksonville Property Safety and 14 Maintenance 15 (Declaration of Unfitness for Human Occupation), Ordinance Code, is 16 amended in part as follows: 17 Code), CHAPTER 518. Part 4 (Property Standards), Subpart JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE. 18 * * * 19 PART 4. PROPERTY STANDARDS 20 * * * 21 SUBPART F. DECLARATION OF UNFITNESS FOR HUMAN OCCUPATION 22 * * * 23 F Sec. 518.462. 24 Structures unfit for human occupancy. When the Chief finds that a property constitutes a hazard to 25 the health, safety or general welfare of the occupants or the 26 public and fails to comply with the minimum provisions of this 27 Chapter but has not yet reached such a state of complete disrepair 28 as to be condemned as an unsafe building or structure under this 29 Chapter, he may declare the property as unfit for human occupancy 30 and order it to be vacated. 31 the Chief has received notice or makes a determination that any When such a determination occurs and - 12 - Amended 5/25/10 1 building, structure, 2 plumbing system presents an imminent and serious threat to the life 3 and 4 diligent efforts to contact the occupants and the owner of the 5 property through reasonable means (which may include telephone or 6 personal notification) in an effort to correct the threat to public 7 safety. 8 inspecting any condition to verify proper corrective actions have 9 been safety of the However, taken, nor premises, occupants, nothing does it electrical, the Chief herein shall relieve a gas, shall prevent property mechanical immediately the owner make Chief or or from other 10 individual from obtaining any permits or other approvals necessary 11 to do corrective work. 12 In exigent circumstances, where advance notice is impractical, 13 and the threat to public safety is so immediate and severe that 14 delay poses a threat to the public safety, the Chief may order all 15 occupants removed from the building, structure or premises, utility 16 service to the unsafe or hazardous condition(s) terminated, and/or 17 further 18 hazardous condition(s) or code violation(s). occupancy contingent on correction of the unsafe or 19 For purposes of this subsection, the circumstances supporting 20 the determination that an immediate threat exists to the life and 21 safety of the occupants and/or the public are those which would 22 justify the entry of an emergency ex parte injunction, without 23 notice, in a Circuit Court proceeding for abatement of a public 24 nuisance. The exercise of this authority is not intended to be 25 routine, but shall be reserved for those instances in which advance 26 notice is impractical and the threat to public safety constitutes a 27 true emergency. 28 Electrical service shall not be terminated except in those 29 instances where the electrical service itself presents an imminent 30 danger to public safety or where the risk of spark or explosion is - 13 - Amended 5/25/10 1 present, or to prevent further occupancy of any unsafe residential 2 structure. 3 The mere existence of a code violation for a failure to secure 4 permits shall not justify an order to vacate under this subsection. 5 In 6 process authorized by law to correct any such violation. 7 those In circumstances, all cases in the which Chief the may Chief initiate has any ordered enforcement all occupants 8 removed from the building, structure or premises, utility service 9 to the unsafe or hazardous condition(s) terminated, the Chief shall 10 give written notice to the property owner or the occupants of the 11 Chief’s actions within two (2) business days of the issuance of the 12 order (excluding Sundays and legal holidays), which notice shall 13 include all of the information required by section 518.151. 14 Section 4. Chapter 518 (Jacksonville Property Safety and 15 Maintenance Code), Part 4 (Property Standards), Subpart G (Appeals 16 and Variances), Ordinance Code, is amended in part as follows: 17 CHAPTER 518. JACKSONVILLE PROPERTY SAFETY AND MAINTENANCE CODE. 18 * * * 19 PART 4. 20 * * * 21 22 PROPERTY STANDARDS SUBPART G. APPEALS AND VARIANCES Sec. 518.471. 23 (1) Appeals and variances. Where either it is alleged that there is error in an 24 order, requirement, decision or determination made by the Chief in 25 the enforcement of this Chapter or a variance to this Chapter is 26 sought which will not be contrary to the public interest because, 27 owing 28 provisions of this Chapter would result in unnecessary and undue 29 hardship, then an appeal of request for a variance may be made to 30 the Building Codes Adjustment Board as provided in Chapter 56 and 31 as follows: to special conditions, a - 14 - literal enforcement of the Amended 5/25/10 1 (a) An appeal or request for variance from this Chapter 2 shall be filed with the Board within 30 days of receipt of notice 3 of violation or of the receipt of another written requirement of 4 the Chief. 5 (b) The filing of an appeal or request for variance shall 6 stay all administrative proceedings in furtherance of the matter 7 appealed until a final determination has been made by the Building 8 Codes 9 during which the matter is pending before the Board shall not be 10 considered as a part of the time given in the notice or other 11 requirement by the Chief to perform an action which is the subject 12 of the appeal or request for a variance. 13 Adjustment (2) Board on the matter; provided, that the time The decision of the Special Master shall be the final 14 administrative order with respect to all matters referred to him. 15 Decisions of the Special Master may be appealed to the Circuit 16 Court. Such an appeal shall not be a hearing de novo but shall be 17 limited 18 Special Master. An appeal shall be filed within 30 days of the 19 execution of the order to be appealed. 20 to appellate Section 5. review of the Effective Date. record created before the This ordinance shall become 21 effective upon signature by the Mayor or upon becoming effective 22 without the Mayor's signature. 23 Form Approved: 24 25 ____/s/ Margaret M. Sidman__________ 26 Office of General Counsel 27 Legislation Prepared By: 28 G:\SHARED\LEGIS.CC\2010\ord\Chapters 320 and 518 Condemnation Hearing and Notice.doc Jason R. Teal 29 - 15 -