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2005-048
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2005-048
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Last modified
2/13/2017 3:05:03 PM
Creation date
9/30/2015 3:40:16 PM
Metadata
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Ordinances
Ordinance Number
2005-048
Adopted Date
11/15/2005
Agenda Item Number
9.A.3.
Ordinance Type
Building Codes
State Filed Date
11\20\2005
Entity Name
Florida Building Codes Act
Code Number
Chapters 401 and 403
Subject
Property Maintenance Code
International Property Maintenance Code
Codified or Exempt
Codified
Archived Roll/Disk#
3126
Supplemental fields
SmeadsoftID
724
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ORDINANCE NO. 2005-048 <br />(2) Notice of violation. The code official shall serve a notice of violation or order in <br />accordance with Section 403.05. <br />(3) Prosecution of violation. Any person failing to comply with a notice of violation or <br />o rder served in accordance with Section 403.05 shall be deemed guilty of a <br />misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of <br />✓ iolation is not complied with, the code official shall institute the appropriate proceeding <br />at law or in equity to restrain, correct or abate such violation, or to require the removal <br />o r termination of the unlawful occupancy of the structure in violation of the provisions of <br />this code or of the order or direction made pursuant thereto. Any action taken by the <br />authority having jurisdiction on such premises shall be charged against the real estate <br />u pon which the structure is located and shall be a lien upon such real estate. <br />(4) Violation penalties. Any person who shall violate a provision of this code, or fail to <br />comply therewith, or with any of the requirements thereof, shall be prosecuted within <br />the limits provided by state or local laws. Each day that a violation continues after due <br />n otice has been served shall be deemed a separate offense. <br />(5) Abatement of violation. The imposition of the penalties herein prescribed shall not <br />preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, <br />correct or abate a violation, or to prevent illegal occupancy of a building, structure or <br />premises, or to stop an illegal act, conduct, business or utilization of the building, <br />structure or premises. <br />Section 403.05 Notices and Orders <br />(1) Notice to person responsible. Whenever the code official determines that there <br />has been a violation of this code or has grounds to believe that a violation has <br />o ccurred, notice shall be given in the manner prescribed in Sections 403.05(2) and <br />403.05(3) to the person responsible for the violation as specified in this code. Notices <br />for condemnation procedures shall also comply with Section 403.08 <br />(2) Form. Such notice prescribed in Section 403.5 shall be in accordance with all of the <br />following: <br />1. Be in writing. <br />2. Include a description of the real estate sufficient for identification. <br />3. Include a statement of the violation or violations and why the notice is being <br />issued. <br />4. Include a correction order allowing a reasonable time to make the repairs and <br />improvements required to bring the dwelling unit or structure into compliance with <br />the provisions of this code. <br />5. Inform the property owner of the right to appeal. <br />6. Include a statement of the right to file a lien in accordance with Section 403.04(4). <br />(3) Method of service. Such notice shall be deemed to be properly served if a copy <br />thereof is: <br />Coding: Words underscored are additions to text; words in strikethrough format are <br />deletions to text. <br />6 <br />
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