title
HOUSING CODE UPDATE (B)
Ordinance No. 0-05-24
An ordinance of the City of Gainesville, Florida, relating to Article II, Chapter 13, of the Code of Ordinances, relating to the Housing Code; deleting and repealing its entirety sec. 13-16.1, regarding residential smoke detectors; amending sec. 13-17, deleting obsolete provisions; amending sec. 13-18, deleting obsolete provisions and adding provision for quality of work; amending sec. 13-19, updating specific definitions; amending sec. 13-40, allowing for less than 15 days for repair in some cases where there exists an immediate threat to the safety and well-being of the occupants; amending sec. 13-76, exempting requirement for screens if dwelling unit has central heat and air; amending sec. 13-94, clarifying provisions for smoke detectors for compatibility with the Florida Building Code; amending sec. 13-113, updating and expanding provisions relating to materials used in a sewer system; amending sec. 13-127, updating and expanding provisions relating to hazardous conditions with artificial lighting; amending sec. 13-128, updating and expanding provisions relating to lighting and receptacles; amending sec. 13-141, deleting obsolete provisions and adding a provision for quality of work; amending sec. 13-156, adding an exception clause; amending sec. 13-171, providing inadequate garbage storage is a major violation; creating a new Division 12, Article II, Chapter 13, Code of Ordinances, entitled Pools, Wading Pools and Hot Tubs; creating sec. 13-191, providing for alleviation of hazardous conditions relating to all pools and hot tubs; creating sec. 13-192, relating to electrical receptacles and connections; creating sec. 13-193, requiring maintenance of bonding connections; creating sec. 13-194, providing for maintenance of enclosures around pools and hot tubs; repealing language establishing Board of Adjustment as an appeals board for housing violations; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
At its meeting of February 14, 2005, the City Commission authorized the City Attorney to draft an ordinance updating the City's housing code. The Commission had referred the proposed housing code update to the Community Development Committee on June 14, 2004. There the matter was considered on August 5, 2004, November 15, 2004 and January 6, 2005.
The housing code is the basis for the City's periodic random inspection of single-family rental houses, and also of complaint-based inspections of single-family units and multi-family complexes. Code Enforcement has also initiated a practice of periodic inspections of a sampling of multi-family units in various complexes.
One of the major proposed changes is to allow fewer than 15 days for compliance when an owner is cited under Section 13-20 and 13-40 for leasing a unit that has major violations, and where the violation is of such magnitude that there exists an immediate threat to the safety and well-being of the tenants. Staff also proposes to update the chapter to require that all repair work be performed in a neat and workmanlike manner. Various other updates are proposed as well, including creating a new section in the Code for pool safety, deleting numerous obsolete provisions in the Code, and repealing language authorizing the Board of Adjustment to serve as an appeals board for housing violations (notice of violations are heard before the Code Enforcement Board).
CITY ATTORNEY MEMORANDUM
This ordinance requires two public hearings. Should the Commission adopt the ordinance on first reading; the second and final reading will be held on Monday, August 22, 2005.
fiscal note
None