HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-031Introduced by: C M Disraelly Temp. Ord. #542
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-78-31
AN ORDINANCE PROVIDING A PROCEDURE FOR
IMPLEMENTATION OF DECISIONS OF THE CITY
OF TAMARAC UNSAFE STRUCTURES AND HOUSING
APPEALS BOARD; PROVIDING FOR AN IMPLEMEN-
TATION ORDER; PROVIDING FOR PAYMENT OF
FEES; PROVIDING FOR BONDS; DESIGNATING
TIME PERIODS WITHIN WHICH TO ACT; PROVIDING
A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of Tamarac recognizes and en-
dorses the provisions of the South Florida Building Code affecting
unsafe buildings, and
WHEREAS, the City Council of Tamarac is desirous of imple-
menting the decisions and orders of its Unsafe Structures and
Housing Appeals Board, and
WHEREAS, presently there is no internal procedure for such
implementation, and
WHEREAS, there is now the need for providing specific pro-
cedures for implementing the orders of the City of Tamarac Unsafe
Structures and Housing Appeals Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF TAMARAC,
FLORIDA:
SECTION 1: This ordinance shall hereafter be designated as
"Implementation of Orders of the Unsafe Structures Board."
SECTION 2: Nothing contained herein shall be considered as
abridging, amending, diminishing or usurping the provisions of the
South Florida Building Code as amended as the same may relate to
unsafe buildings and specifically as set forth in Section 202 of
said Code.
SECTION 3: An owner of record who has received an order from
the City of Tamarac Unsafe Structures and Housing Appeals Board
shall not proceed to comply with its terms until said owner shall
make an application in letter form to the Chief Building Official
of the City of Tamarac for the issuance by said Official of an
"Implementation Directive." Such application shall be made no
later than fifteen (15) days from the date of the Order issued by
the said Unsafe Structures and Housing Appeals Board.
th
Temp. Ord. #542
Page Two
SECTION 4: The application shall set forth in detail
sufficient to satisfy the Chief Building Official of the City of
Tamarac the means and methods for complying with the Order of the
Board.
SECTION 5: The applicant shall prior to issuance of the
"Implementation Directive" pay to the City the appropriate fees
as set forth in Resolution 77-185 (Section B, paragraph 3 and
Section C) City of Tamarac as the same may be amended from time to
time.
SECTION 6: Prior to receiving an Implementation Directive
the owner shall post with the City of Tamarac a Cash Bond or a
Performance Bond and/or Letter of Credit in the amount of 100% of
the estimated costs of the work orders. The Bond shall be in a
form acceptable to the City and the Chief Building Official shall
estimate the costs as set forth above. The Bond shall be returned
to the owner upon written authorization of the Chief Building
Official and subject to approval by the Council of the City of
Tamarac.
SECTION 7: The Chief Building Official shall establish an
appropriate time period within which to accomplish the plan set
forth in the owners application. This time period may be extended
from time to time upon written authorization by the Chief Building
Official if it appears to him that there may be a hardship to the
applicant and that the extension will not jeopardize the health,
safety and welfare of the citizens of Tamarac.
SECTION 8: When the Chief Building Official is satisfied
with the form and content of the application and the appropriate
fees have been paid and the appropriate bonds have been filed
with the City, then said Official shall issue an Implementation
Directive in essentially the following form:
Temp. Ord. 542
Page Three
73
1
IMPLEMENTATION DIRECTIVE
Pursuant to the Order of the City of Tamarac Unsafe
Structures and Housing Appeals Board dated
(a copy of which is attached), and in conformance with the
application of the owner (a copy of which is attached), and
upon payment to the City of Tamarac of the appropriate fees and
posting of an appropriate bond (receipt of which are hereby
acknowledged), the Owner
is hereby authorized
and directed to comply with the Order and application as attached
and the same shall be accomplished within
days.
CHIEF BUILDING OFFICIAL
CITY OF TAMARAC
The owner/applicant hereby acknowledges that the issuance
of Implementation Directive is not to be considered as vesting
rights with respect to the premises affected.
OWNER/APPLICANT
SECTION 9: Should the owner fail to comply with the
Implementation Directive the Bond will be forfeited and the City
shall apply the proceeds of said bond to bring the owner's pre-
mises in conformance with the Order of the Board.
SECTION 10: Should any section or provision of this
Ordinance or any portion thereof or any paragraph, sentence or
word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder thereof
as a whole or any part hereof other than the part declared to be
invalid.
SECTION 11: This Ordinance shall become effective immediately
upon its final passage.
PASSED FIRST READING this 28 day of April 1978.
PASSED SECOND READING this 15 day of May 1978.
Temp. Ord. 542
Page Four
71
ATTEST:
TY UERK
I HEREBY CERTIFY that I have
approved the form and correctness
of this Ordinance.
RECORD Of UDiJ IL VOTE
MAYOR V'. FALCK �.-
VIM H. MAS:SARO
QM H. WiCNER
C/M I.M. DISRAELLY
C/M M. KLIKA
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