§ 3-2-76. International Property Maintenance Code.  


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  • (a)

    Adopted. Subject to the amendments set forth in subsection (b), the 2009 edition of the International Property Maintenance Code, published by the International Code Council, is hereby adopted as the Charlotte County Property Maintenance Code and shall be the governing law relative to structures and premises defined therein and amendments thereto.

    (b)

    Amendments. The 2009 Edition of the International Property Maintenance Code is amended to read as follows:

    Section 101.1 Title. These regulations shall be known as the International Property Maintenance Code of Charlotte County, hereinafter referred to as "this code."

    Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Florida Building Code as amended.

    Section 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8, in addition to the Florida Building Code and the Florida Fire Prevention Code and Life Safety Code and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code, the Florida Building Code and the referenced standards, the provisions of the Florida Building Code the Florida Fire Prevention Code and Life Safety Code shall apply.

    Section 103 Department of Property Maintenance Inspection is deleted in its entirety.

    Section 104.3 Right of entry is deleted in its entirety.

    Section 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be prosecuted by any method allowed by Florida Statutes and the Code of Laws and Ordinances of Charlotte County, Florida.

    Section 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Chapter 162, Florida Statutes and the Code of Laws and Ordinances of Charlotte County, Florida.

    Section 108.7 Record. The code official shall cause a report to be recorded in the Official Records of Charlotte County on the unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

    Section 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction in accordance with the Florida Building Code, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official.

    Section 111.1 Application for appeal. Any person directly affected by a decision of the code compliance official or building official applying sections 108, 109, and 110 shall have the right to appeal to the Code Enforcement Special Magistrate, provided that a written application for appeal is filed within 20 days after the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

    Sections 111.2 through Section 111.8 are deleted in their entirety.

    Section 302.4 Weeds is deleted in its entirety.

    Section 302.8 Motor vehicles. Excepts as provided for in other regulations, no inoperative or unlicensed motor vehicle, boat, or trailer shall be parked, kept, or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.

    Section 304.3 Premises Identification is deleted in its entirety.

    Section 304.14 Insect Screens. Throughout the year every openable window in a residential structure and every door, window, and other outside opening required for ventilations of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing devise in good working condition.

    Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

    Sections 308.3.1 Garbage facilities and 308.3.2 Containers are deleted in their entirety.

    Section 606 Elevators, Escalators and Dumbwaiters is deleted in its entirety.

    Section 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. All references to the International Fire Code shall be replaced with the Florida Fire Prevention Code.

    Appendix A Boarding Standard is hereby adopted in its entirety. All references the International Building Code shall be replaced with the Florida Building Code. Section 11. Section 3-3-4, Adoption of code; exceptions, of Article I, Chapter 3-3 of the Code of Laws and Ordinances of Charlotte County, Florida, is hereby amended as follows:

(Ord. No. 2010-032, §§ 1, 2, 7-13-10; Ord. No. 2012-026, § 13, 11-13-12; Ord. No. 2016-024, § 10, 6-14-16)