HomeMy WebLinkAboutCity of Tamarac Resolution R-1976-067Proposed by: � ( L"+—(-
Introduced by 1- --jC,
Temp.#537
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. %
A RESOLUTION ESTABLISHING REGULATIONS TO IMPLEMENT
ORDINANCE NO. 76-26.
WHEREAS, the Chief Building Official is empowered to
establish regulations to implement Ordinance No. 76-26, and
WHEREAS, the Chief Building Official has prepared such
regulations and submitted them to the City Council pursuant to
said Ordinance, and
WHEREAS, the City Council has received said regulations
and is desirous of adopting them.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
SECTION 1: That the regulations .implementing Ordinance No. 76-26,
a copy of which is attached hereto and made a part hereof as
Exhibit "A" are hereby adopted.
PASSED, ADOPTED AND APPROVED this :. �J day of 1976
ATTE
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CITY CLERK
I HEREBY CERTIFY that I
have approved the form and
correctness of this RESOLUTION.
Wm. Gemmill,Clity Attorney
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RECORD OF COUNCIL VOTE
MAYOR W. FALCK
VIM H. MASSARO
CIW M. KELCH_ _.. _.C�.� .,,.._..
CIM O. TUCKER C�-
CIM M. WEINBE:RGER
EXHIBIT "A"
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REGULATIONS IMPLEMENTING ORDINANCE #76-26
I. Identification and Determination of Code Violations and
Construction Defects.
A. The term "construction defect or code violation" shall mean any
fault or inadequacy in violation of the South Florida Building
Code or any other law of the City of Tamarac relating to any
part of the original construction of the building including,
without limitation, the plumbing system, the roof, the electric
wiring system, doors, windows, electric switches, receptacles
andfixtures, plumbing fixtures, cabinet work and other similar
elements of the original_ construction.
B. The Chief Building Official shall determine whether there have
been any construction defects or code violations with respect
to the building code or other applicable laws which were existing
at the time of the issuance of the certificate of occupancy.
C. Defects due to wear and tear, abusive use, or resulting from
elements or conditions not related to the original construction
shall not be deemed construction defects subject to coverage.
2. Procedures For Correction of Construction Defects and Code Violations.
Within fifteen (15) days after an inspection by the Building Department,
the Building Official shall issue a report of findings to all of the
Parties concerned. Such report shall be binding on all parties as to
the existence of construction defects or code violations, unless such
report shall be amended or .reversed by a governmental. attorney or court
having jurisdiction over such matter.
3. Insurance Or Other Indemnification.
A. A policy of insurance which will warrant to the homeowner proceeds
for the correction of construction defects or code violations shall
first be approved by the City Attorney as to form and substance.
B. Group Insurance. In order to encourage economy, the Chief Building
Official_, upon approval by the City Attorney, shall accept a policy
covering a class or a group provided that each homeowner or unit
owner is the beneficiary of the amount of insurance set forth in the
ordinance, and further provided that the common elemnts of a condo-
minium or other multiple unit is properly insured.
4. Condominium Insurance.
The Chief Building Official, upon approval by the City Attorney, shall
accept a policy which shall designate as the beneficiary, the appropriate
party owning the common elements of a condominium, and designating the
individual unit as the beneficiary with respect to the insurance provided
for in the ordinance.
5. Substitutes For Insurance
A. A general contractor or developer may deposit, with the City, cash,
4-1 irrevocable bank totter of credit or a surety bond in the amount
of $1,500.00 for each dweLling in lieu of the insurance policy. The
terms and conditions of such substitute shall first be approved by
the City Attorney.
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EXHIBIT "A"
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B. A general contractor or developer may file with the city a
personal undertaking or commitment in the amount of $1,500.00
per unit warranting the correction of the construction defects
or code violations. Such personal_ undertaking shall be accompanied
by collateral deemed to be adequate by the City Attorney and the
Chief City Fiscal. Officer to assure the sufficiency of funds for
the correction of potential construction defects or code violations.
C. Where the financial responsibility of the general contractor or
developer or their guarantors are, in the opinion of the City
Attorney and the Chief City Fiscal_ Officer sufficient to fulfill
the warranties for the correction of the construction defects and
code violations, then such undertakings or commitment in the
amount of $1,500.00 per unit shall be accepted by the Chief Building
Official as a substitute for an insurance policy.
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