HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-026Introduced by: Oscar L. Tucker Temp. #370
Proposed by: V/M Massaro Revised 5/27/76 O.L.T.
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 76-26
AN ORDINANCE PROVIDING FOR THE REQUIREMENT
OF INSURANCE TO CORRECT CONSTRUCTION DEFECTS
AND CODE VIOLATIONS IN DWELLINGS AS A CONDITION
TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TAMARAC,
FLORIDA:
SECTION 1: Legislative Findings. The City has experienced
together with the County unprecedented and rapid growth as well
as a period of boom construction. As a result, numerous con-
struction defects and code violations were committed due to
hastily designed dwellings, quantity construction, inferior
workmanship, irresponsible contractors and inefficient building
inspections. Such defective construction in this City throughout
the County has resulted in two Grand Jury investigations which
have not only confirmed the existence of wide -spread construction
defects and code violations, but they also raised serious questions
as to the liability, financial responsibility and availability of
the developers, contractors, and subcontractors with respect to the
correction of such construction defects and code violations. This
has resulted in unjust damages and losses for the victims of such
defects and violations who are the innocent purchasers of such
homes in this City.
SECTION 2: Purpose of Ordinance. The objective is to protect
the innocent victims of construction defects and code violations
by providing insurance for the correction of these construction
defects and code violations as a condition precedent to the future
issuance of a certificate of occupancy for any dwelling in this
City .
SECTION 3: Requirement of Insurance or Other Security.
(A) To assure a better quality of construction
in this City and to assure to residents
financial resources which may be necessary
for the correction of any construction
defects or code violations, the Chief
Building Official or any other appropriate
public official shall not issue a certificate
of occupancy for any dwelling unit until the
developer or general contractor shall first
furnish proof to such official of the issuance
of an insurance policy by a company authorized
to do business in the State of Florida, naming
as beneficiary the purchaser and his successors
and assigns of said dwelling unit and obliga-
ting the insurer in a minimum amount of
$1,500.00 for a period of three (3) years to
make and pay for all corrections which may be
necessary with respect to any construction
defects or violations of the then existing
applicable building code. In respect to
coverage for multi -family units having common
elements, the minimum insurance shall be
$1,000.00 per dwelling unit for the individual
owner and a sum which shall be the product of
$500.00 times the number of units to cover the
common elements contained in the building
containing the mulitple dwelling units. The
terms "Construction defects and code violations"
as used in this Ordinance shall mean any fault
or inadequancy in the original construction
which is in violation of the South Florida
Building Code or of any other applicable law
of the City of Tamarac existing at the time of
the issuance of the certificate of occupancy.
(B) The Chief Building Official with the approval
of Council shall promulgate such other fair
and reasonable requirements or provisions as
should be included in such insurance policy.
The developer or general contractor may in lieu
of an insurance policy deposit with the said
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official a good and sufficient bond of the
developer or general contractor approved as to
form and substance by the City Attorney or a
cash deposit, an irrevocable bank letter or
credit or other collateral approved by the City
Attorney in the minimum amount of $1,500.00
which shall be held as security for the payment
of corrections of construction defects and code
violations hereinbefore referred to.
(C) The Chief Building Official subject to approval
of Council shall promulgate regulations with
respect to the: sufficiency of the insurance
carrier; terms and conditions of the policy;
coverage of condominium associations; coverage
by group insurance; substitutes for insurance
policies as hereinbefore provided; procedures
for the re -inspection of buildings; for the
identification and determination of the existence
of construction defects and code violations and
procedures for facilitating corrections of such
defects and violations.
(D) Section 3 (A), (B), and (C) shall not apply to
any dwelling units covered by a warranty insurance
program approved by the Florida Department of
Insurance which provides protection necessary
for the correction of construction defects or
code violations.
(E) All regulations shall be approved by resolution
of Council and shall be a public record on file
with the City Clerk available to developers,
contractors, purchasers, and other interested
parties.
SECTION 4: Savings Clause. 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 hereof as
a whole or any part hereof other than the part declared to be invalid.
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SECTION 5: Effective Date. This Ordinance shall take effect ten
(10) days after the filing of the regulations herein above provided
in the office of the City Clerk.
PASSED FIRST READING this day ofC4",1976.
PASSED SECOND READING this
"1
ATTEST.
t / , ..� / Mt1i� I
.r,
I HERESY CERTIFY that I have
approved the form and acceptance
of this Ordinance.
CITY AT RNEY
1
In accordance with Section 5 of this
Ordinance, the actual effective date
of the provisions herein set forth was:
- �LX. x 3 h d._
t(J?- 7&0) . 1976.
-n-
CITY CLERK