§ 23-62. General requirements.

(a)

Scope. The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

(b)

Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this article. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants/owners of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.

(c)

Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

(d)

Barriers. If the entire premises of a non-residential lot is unoccupied or vacant, a temporary barrier can be installed to discourage pedestrian or vehicular access onto the property. In the event that a barrier is installed, the barriers are limited to the following:

(1)

Temporary vinyl coated chain link or decorative fences that is of solid construction and kept in good repair, free of holes, breaks, missing segments or slats, loose or rotting material, mold, mildew rust, corrosion or any other similar growths. Fence, sight distance, and CRAO standards.

(2)

Temporary landscaping pots used as barricades shall be maintained and kept in good repair. Sight distance and standards per Florida Department of Transportation Road Design Standards.

(3)

Temporary signage shall be placed on property stating "Future Development" which can be easily legible from pedestrian and motorist alike.

(e)

Closing of vacant and vandalized structures. If the structure has been vandalized or is vacant, fit or unfit for human habitation and occupancy, and is not in danger of structural collapse, the county manager or designee is authorized to post a placard of no entry on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the county manager or designee shall cause the premises to be closed/secured by fencing the structure utilizing any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

(f)

Maintenance of vacant structures. Boarding a non-residential building done voluntarily or as a result of enforcement activity by the county, shall comply with the following:

(1)

Weatherproof plywood, a minimum of one-fourth (¼) inch in width shall be used for boarding all doors and windows of a structure. Each board shall fit entirely over the window and door openings where it is flush with the outside molding of the structure and be maintained in good repair. The plywood must be architecturally compatible with the building and shall be regularly painted to not fade and match the trim or siding color of the structure.

(2)

At least one (1) door at grade level shall be maintained with working locks and hinges to permit entry for emergency purposes. For clarification, areas where emergency services/law enforcement need access immediate access shall meet this requirement.

The foregoing shall not apply when the county takes action to secure a facility.

(g)

Shuttering or boarding of windows for hurricanes or similar weather related events. The shuttering or boarding of windows to provide protection from hurricanes or similar weather related events are allowed.

(1)

The shuttering or boarding of windows is allowed once the National Weather Service has issued a hurricane or severe weather advisory for any Central Florida county.

(2)

Materials used shall be maintained and presented in a neat and orderly fashion that is kept in good repair, free of holes, breaks, missing segments or components, mold, mildew, corrosion, or other similar growths.

(3)

Shutters and other materials used to protect windows shall be removed once the hurricane or severe weather advisory has expired or within seven (7) days after the storm or severe weather event has passed or at the discretion of the county manager or designee based upon the severity of the event, whichever occurs first.

(4)

Subsection (c)(4) shall in no way prohibit the use at any time of permanently attached storm shutters, such as but not limited to: rolling shutters, accordion style shutters, colonial style shutters, Bahamas style shutters and/or storm panels that affix to permanently mounted frames. However if utilized, said shutters/panels must remain in the open position during non-advisory events.

(5)

Boarding due to accidents (i.e., auto accidents, vandalism, etc.) shall be removed and damage repaired to a uniform state within fifteen (15) calendar days.

(h)

Mislaid property; notice; abatement; removal; disposal.

(1)

The discarding or accumulation of mislaid property upon any public or private property is prohibited. Upon order of a code enforcement officer the owners or possessors of the mislaid property shall cause the same to be removed or provide for its removal within the time allotted by such order. Failure to do so shall authorize the code enforcement officer to seize the mislaid property and issue notice of its storage location and time for retrieval.

(2)

Upon receipt of notice from a code enforcement officer of the county, the owners or possessors of the mislaid property shall retrieve the property from the county approved vendor within ninety (90) days from receipt of the notice.

(3)

If, at the end of the ninety (90) days after receipt of notice, the owner or any person interested in the mislaid property has not retrieved the property, all rights, title and interest to the mislaid property shall immediately vest in the Osceola County Board of County Commissioners. The Osceola County Board of County Commissioners may dispose of the property and the salvage values, if any, shall be retained by the county to be applied against the cost of removal, storage and disposal thereof.

(i)

Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

(j)

Walls. Decorative and freestanding walls shall be kept in good repair, free of holes, breaks, missing segments or components, loose or rotting material, mold, mildew, corrosion, or other similar growths. Walls shall be structurally sound and shall not be supported by means other than the structural support incorporated into the wall. Walls must be painted, stained, treated or finished in a uniform manner. Walls constructed with decorative masonry material are exempt from being painted or finished. Plain concrete block or stucco walls do not qualify for this exemption. If repairs are necessary, they shall be done in such a way as to appear inconspicuous by remaining consistent with the existing wall.

(k)

Mailboxes. All mailboxes shall be maintained structurally sound and in good repair, to include the box, post, address all attachments, and shall not be placed in a manner as where they may impede or hamper traffic or create a safety hazard.

(l)

Construction projects. During construction, the site shall be kept in a manner that is orderly and free of refuse. The storage of materials and equipment that are not used in conjunction with the construction of the site shall be prohibited. Once construction has ceased for a period longer than six (6) months, all construction related materials and equipment shall be removed from the premises.

(1)

Screening of sites under construction. Where temporary screening is used to block the view of an ongoing construction site, the solid wood or closed knitted polyethylene screening must be maintained and presented in a neat and orderly fashion that is kept in good repair free of holes, breaks, missing segments or components, mold, mildew, corrosion, or other similar growths.

(2)

Waste. Those items being discarded must be kept in a roll off container approved by the solid waste division or county manager's designee.

(m)

Standards.

(1)

Maintenance. All landscaping and vegetation shall be maintained in a healthy growing condition so as to present a neat and orderly appearance at least equal to the original installation and shall be free from disease, pests, weeds, invasive/exotic plants identified by the Florida Exotic Pest Plant Council, refuse and debris at all times.

(2)

Height. Lawns (including the grass and weeds thereon) shall not exceed eight (8) inches in height on developed property. Refer to subsection (d)(4) Weeds for undeveloped and vacant property and any property with an area greater than twenty-five (25) acres which is currently agriculture exempt at the tax assessor's office.

(3)

Vegetation replacement. Any dead vegetation and landscaping material shall be replaced within thirty (30) days with healthy, living plants.

(4)

Encroachment. Vegetation adjacent to public sidewalks and public streets shall not encroach onto the sidewalk or street surface except that turf or turf grass and ground cover should be kept trimmed to the edge of the sidewalk or street surface. The branches of trees and shrubs which grow above sidewalks shall provide a minimum of seven (7) feet of vertical clearance and above streets and alleys a minimum of seventeen (17) feet of vertical clearance.

(5)

Buffer maintenance. The plantings, fences, walls, and berms that constitute a buffer must be properly maintained in order for the buffer to fulfill the purpose for which it is established. Such maintenance shall include all actions necessary to keep the buffer free of litter and debris, and to keep plantings, wall, fences, and berms in good repair and neat appearance. All buffer material shall be protected from damage by motor vehicles or pedestrians which could reduce the effectiveness of the buffer.

(6)

Pruning. Tree canopy provides public benefits such as shade and carbon-oxygen exchange. All trees may be pruned to maintain their natural shape and promote their shade-giving and air-cleaning qualities. They should be selectively pruned in a manner that will retain their natural character, to remove diseased or dying portions in areas where falling limbs could be a hazard to people or property and to avoid encroachment into sidewalks and roadways. It shall be unlawful as a normal practice for any person, firm or county department to top, hatrack, pollard or otherwise disfigure any street tree, park tree, or other tree on public or private property. Unless there is an immediate encroachment into sidewalks and roadways, removal of limbs within the crown area of the tree shall not exceed one-fifth ( 1/5 ) of the existing crown or one-third ( 1/3 ) of the normal natural crown mass. Otherwise, proper pruning of trees should follow ISA guidelines and practice or those suggested by the local cooperative extension service. "Hatracking" or topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove more than approximately one-third ( 1/3 ) of the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or other obstructions where other pruning practices are impractical may be exempted by the county manager or designee at the determination of the department. Trimming trees on public property (for the purpose of this section, public property shall pertain to Florida Department of Transportation and other county maintained facilities) or trees required by code on private property into unnatural shapes or to reduce their natural canopy mass is prohibited and the owner will be fined or may be required to replace the tree with a healthy one of the same species and DBH.

(7)

Maintenance of abutting right-of-way. The property owner shall be responsible for the maintenance of all vegetation within abutting rights-of-way as prescribed in subsection (a)(1)—(11) listed above. This maintenance responsibility shall also include other landscaping maintenance responsibilities when set forth between the owner and the governmental entity responsible for the maintenance of the right-of-way in a maintenance agreement or other valid document.

(8)

Maintenance of internal retention/detention ponds and ditches/swales. The property owner shall be responsible for the maintenance of all ponds, ditches and swales located on private property as prescribed in subsection (a)(1)—(11) listed above. This maintenance responsibility shall also include other landscaping maintenance responsibilities when set forth between the owner and the governmental entity responsible for the maintenance of a pond or ditch outlined in a maintenance agreement or other valid document.

(9)

Dead and dangerous trees. Any tree which shall endanger the health, safety or welfare of any person or property shall be removed within ten (10) days by the owner in accordance with the requirements of chapter 14-2 of this article, upon notification by the county manager or designee. Any tree which is dead, or of which a significant portion is dead, shall likewise be removed as provided herein, upon notification.

a.

Whenever the required tree removal is not completed within ten (10) days after notification, the county manager or designee may cause the tree or trees to be removed.

b.

When removal is required by the efforts of the county, the cost of such removal shall be assessed to the record owner of the real property. If not paid within thirty (30) days, the cost shall constitute a lien on the real property and may be collected by instituting a civil proceeding in a court of proper jurisdiction in a manner provided by law. Following the thirty (30) days, interest shall accrue on the unpaid balance at a rate of eight (8) percent per year. Cost of removal shall include but not be limited to the actual expenses of the required work, expenses of inspection, newspaper publication costs, title search fees, reasonable attorney's fees, and any costs incurred in identifying, locating, or contacting the owner or appellant.

(10)

Irrigation maintenance. Systems shall be constantly maintained to eliminate waste of water due to loss of heads, broken pipes or misadjusted nozzles. Repairs or replacements shall be replaced within seven (7) days after notification.

(11)

Inspections. The county may conduct periodic inspections to assure compliance with the maintenance requirements of this article. Any tree deemed to be hazardous and/or dead shall be regulated by section 9-3-6 this article.

(12)

Correction of violation. If at any time after the issuance of a certificate of occupancy, the landscaping of a development to which this article is applicable is found to be in nonconformance, the code enforcement department shall issue a notice to the property owner that action is required to comply with this article and shall describe what action is necessary to comply. The owner, tenant, or agent shall have seven (7) days from receipt of notice in writing to restore the landscaping (or replaced with a similar species approved by the department) as required with a longer period authorized only for a species with a special planting season. If the owner or tenant fails to correct the violation or to appeal the notice, the county shall perform or cause to be performed the required work to correct the violation. The property owner shall be responsible for any cost incurred by the county for correcting the violation. The cost to correct the violation will be based on the cost per man hour and per equipment hour needed to perform necessary work. The minimum charge will be three hundred dollars ($300.00).

(13)

Sign maintenance. All signs shall be maintained by the owner of the property on which the sign is located. No sign (real estate, snipe, etc.) shall be placed within the public's right-of-way. Items not covered under this chapter shall refer back to Osceola County's Land Development Code as amended.

a.

All signs, including but not limited to their supports, braces, guys, anchors, electrical parts, lighting fixtures, and all painted and display areas shall be maintained in a safe, legible condition, and shall not be faded or in a state of disrepair.

b.

All signs shall be structurally sound and comply with the Standard Building Ordinance, National Electrical Ordinance and good engineering practice.

c.

Maintenance shall be such that signage continues to conform to the conditions imposed by the sign permit.

d.

All parts and supports shall be routinely painted where no peeling, flaking or fading exists and repaired when in an unsafe, deteriorated, or rotted condition.

e.

A damaged sign, including signs vandalized or subjected to graffiti, shall be repaired within a maximum of twenty (20) days.

f.

Metal pole covers and sign cabinets shall be kept free of rust and rust stains.

g.

Internally illuminated sign cabinets or sign panels that have been damaged shall remain un-illuminated until repaired. This will include those signs with defective bulbs (twenty-five (25) percent of total bulbs) which will have fifteen (15) days (calendar) to bring sign into compliance.

h.

Signs shall be kept vertical, upright positions at all times.

i.

Vehicle dependent signs such as building identification signs, pole signs, monument signs, projecting signs, movie theater signs, awning signs, wall signs, billboards, cold air balloons, banners, real estate signs, model house signs, contractor signs, project signs and any other similar sign allowed within this article shall be legible at a distance of one hundred (100) feet at all times. Pedestrian dependent signs such as under-canopy sign, window signs, directory signs, garage sale signs, pedestrian oriented signs, and menu boards shall be legible at all times.

j.

Associated landscaping provided around the base of the sign shall be maintained in accordance with subsection (d)(16) above.

k.

Any awning or marquee and its accompanying structural member which extends over any street, sidewalk or other portion of the premises shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. In the event that such awnings or marquees are not properly maintained in accordance with the foregoing, they shall, together with their supporting members, be removed. In the event that said awnings or marquees are made of cloth, plastic or of similar materials, said cloth or plastic where exposed to public view shall be maintained in good condition and shall not show evidence of excessive weathering, ripping, tearing or other holes, or droopiness. Nothing herein shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain. The surface of the ground under and about any free standing sign shall be kept free of weeds, rubbish, or flammable waste material.

(14)

Patio furniture. Patio furniture related to or attached to areas where recreation is the intended (pools, patios, etc.) purpose shall have furniture which is not faded, damaged, missing parts, and fully functional. Furniture that does not meet this requirement must be removed/replaced within five (5) days (calendar) of notice.

(15)

Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced:

a.

The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;

b.

The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;

c.

Structures or components thereof that have reached their limit state;

d.

Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;

e.

Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;

f.

Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

g.

Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

h.

Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;

i.

Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;

j.

Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

k.

Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

l.

Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or

m.

Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

n.

Exceptions: When substantiated otherwise by an approved method.

(16)

Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices; porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

(17)

Premises identification. All buildings used as dwellings or places of business which abut on, also lots abutting on, any of the streets of the county, shall be numbered in accordance with this article Sections 13-1-31 through 13-1-35. The design and material of numbers shall be maintained in a neat and orderly fashion and displayed at all times.

(18)

Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

(19)

Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

(20)

Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

(21)

Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

(22)

Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

(23)

Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(24)

Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

(25)

Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

(26)

Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Every exterior flight of stairs shall comply with the Florida Building Code.

(27)

Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. No windows, door, or building exteriors shall be covered with but not limited to, aluminum foil, cardboard, plywood, or plastic, except during construction or pending repairs not exceeding thirty (30) days.

a.

Glazing. All glazing materials shall be maintained free from cracks and holes.

b.

Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

(28)

Insect screens. Every door, window and other outside opening required for ventilation of food preparation areas, food service areas or any areas where products to be included or utilized for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than sixteen (16) mesh per inch, and every screen door used for insect control shall have a self-closing device in good working condition. All screens on doors or windows shall not be torn or in need of repair or replacement.

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

(29)

Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Florida Building and Fire Codes.

(30)

Building security . Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.

a.

Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be easily opened from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than one (1) inch. Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.

b.

Windows. Operable windows located in whole or in part within six (6) feet (one thousand eight hundred twenty-eight (1828) mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device.

(31)

Burglar bars, grilles, and grates. The use of burglar bars, including but not limited to bars, grilles, rolling or track doors, or grates used for the sole purposes of providing security measures shall be installed and maintained in accordance with the Florida Building and Fire Codes. Such security measures shall remain in the open position during business hours.

(32)

Efficiency units.

a.

An efficiency unit occupied by no more than two (2) persons must have a minimum clear floor area of two hundred twenty (220) square feet. An efficiency unit occupied by three (3) occupants must have a minimum clear floor area of three hundred twenty (320) square feet.

b.

An efficiency unit must have a kitchen sink, working phone with ability to dial 911 for emergencies, cooking appliance and refrigeration facilities.

c.

An efficiency unit must have a separate bathroom containing a water closet, lavatory, and bathtub or shower.

d.

The maximum number of occupants for an efficiency unit is three (3).

(Ord. No. 12-42, § 1, 12-3-12)