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HomeMy WebLinkAbout2017-24 Code Amendment - Fire Prevention Code and Property Maintenance and Housing Standards• ORDINANCE NO. 2017-24 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE II, "FLORIDA FIRE PREVENTION CODE," OF CHAPTER 12, "FIRE PREVENTION AND PROTECTION," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 12-16, "ADOPTED BY REFERENCE," TO PROVIDE FOR ENFORCEMENT OF THE FLORIDA FIRE PREVENTION CODE BY THE FIRE RESCUE DEPARTMENT; AMENDING CHAPTER 15, "HOUSING," OF THE VILLAGE CODE OF ORDINANCES BY REPEALING ARTICLE I, "IN GENERAL," AND SIMULTANEOUSLY ADOPTING A NEW ARTICLE I, "PROPERTY MAINTENANCE STANDARDS," AND A NEW ARTICLE III, "MINIMUM HOUSING STANDARDS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council wishes to amend Chapter 12 of the Village Code of Ordinances to update the references to the Florida Fire Prevention Code and Florida Administrative Code and provide for exclusive enforcement of the Florida Fire Prevention Code by the Village's Fire Rescue Department; and WHEREAS, the Village Council wishes to amend Chapter 15 of the Village Code of Ordinances to repeal the reference to an outdated (1997) version of the Standard Housing Code and adopt updated and revised property maintenance standards and minimum housing standards; and WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the health, safety and welfare of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 12, "Fire Prevention and Protection," of the Village Code of Ordinances by amending Article II, "Florida Fire Prevention Code," as follows (additional language is underlined and deleted language is stricken through): ARTICLE II. FLORIDA FIRE PREVENTION CODE Sec. 12-16. Adopted by reference. (a) Under the authority of Florida Statutes, Section 633.0215 and 633.025, the most recent edition of the "Florida Fire Prevention Code" adopted by the State Fire Marshal in Rule Chapter 469A-60 of the Florida Administrative Code, including NFPA 1 Fire Prevention Code (2007 edition) and NFPA 101 Life Safety Code (2007 edition), both as modified by Rule Chapter 469A-60 of the Florida Administrative Code, is herein adopted by reference as the minimum fire code for the village. There has been for at least ten (10) days last past and shall be during the time that this code is in effect, two (2) copies available for public use, inspection, and examination. Page 1 of 15 (b) The Florida Fire Prevention Code shall be enforced by the fire rescue department under the supervision of the fire chief. *** Section 3. The Village Council hereby amends Chapter 15, "Housing," of the Village Code of Ordinances by repealing Article I, "In General," in its entirety and simultaneously adopting a new Article I, "Property Maintenance Standards," to read as follows (deleted language is stricken through and additional language is underlined): ARTICLE I. IN GENERAL See. ' g 1. 1:UL1Tt•lT��iVoA ddoptc Fly_referc 11{.r. The Village J Council of the Village of North Palm Bach, Florida, doea hereby--t el re erencethe-standard Ieusing--Cod e Southern Building Code Congress International., Inc., as the housing code for the village,There-have-heen-fer--at-least-ten-E1-0)-days last past and :hall be during the tin that-th;fb, a �v i.� ind TIf p t t, (3) �r�uvh�,vue uiu rvvviiiivii vd amendments kept available for public use, inspection and clia.mination. Sec. 1� 2. Snmc A mc,,,a,,,cnts. The -fallowing amendments and additions are hereby made to the hem cede adopted by section 15 1 of this code: 102.1 Enforcement Officer. Tb, 11 b, t b.l' h d b tho „1; ablo o,•,-,ing_hedy p µr,r,...'�..,.�..., be :'........t, ...,..> t,ro"..,......, forthe—enforcement of this—eode he housing official. The director of eons :un.Ity development shall serve as the housing official. 106.1 Appointment. Then is hereby° stablish ed-a d-te-bec-alla the houcing board f adjustments and appeal:,. The board hall be appointed by the village council. The village Code shall act as the housing board of adjustments and appeals. Section 107. Appeal. Any person receiving written notice from the housing official of deficiencies' in his property under this Code may within thirty (30) days following the date of such notice enter an appeal in writing to the housing board of adjustments and appeals. Such appeal shall state the location of the property, the date of the notice of violations, and the number of such -notice. The appellant must or conditions upon which the appeal is made. Appeals shall be on form, provided by the department of community development, and shall be accompanied by a filing fee of one hundred fifty dollars ($150.00). Page 2 of 15 Scction 202. Definitions The definitions for "dwelling" and "family" contained within section 202, Definitions, are hereby amended to read as follows: Dwelling is any building or structure designed exclusively for residential occupancy. A dwelling may be designed for one family, two family or- multiple - family occupancy, but not including hotels, club:,, motels, boarding or lodging house -trailers whether such trailers be mobile or located in stationary fashion as when on blocks or other foundation. Family shall mean one or more persons living in the multiPle-famildwelling-uffitr-al-l-ef-whefn-ar-e-r-elate-E1-1514e0 adoption, or a group of person:, all of whom are not so related exceed two (2) unrelated -persons in number-. This term shall eec zpantc or r b d; ^ house group_ho,,.. e /c. ate h . itaeil,ty or other similar use with shared cooking er sanitary facilities. same single --or d, marriage or which does not not include the 305 1 5 n ccessors, Structure" Garages, storage buildings, docks, piers, boat hoists, dolphin pales; bl1 1 the t t1, v�crm�3e—cc�.�-w C�crr���ucci-.i-cn@r@HIT-sEr@en-@fiEl6suFesT-cnccs walls, driveways, sidewalks, antennas and all other accessory structures shall be maintained and kept in good repair and sound structural condition. All sections of this code are applicable as determined by the building official subject to standard appeal as outlined in section 107. 307.4. Care of Premises. It shall 'ao unlawful for the owner or occupant of a residential building; t r+ to r,til; the of s„c1 ;de tia rv� �of i thpert. r' e open storage -of -any -abandoned motor vehicle, abandoned boat, abandoned trailer, ice box, refrigerator, stove, glad, building matc-rial, building rubbish or similar items. It shall be the duty and responsibility of every owner or occupant to keep the or s„e ide t' 1 ert clean and to remove from the premises iciui Nrvpvi �y all such abandoned items listed above. Landscaping. flowerbeds, driveways, walks, etc., not intended to have vegetative cover should b 1 1 rl f" ed na m nt" ed_fee-of uncultir "ted t t1, Landscaping shall be maintained -se ---atop ent«ealth' neat and _^,.d rly appearance at least —gate the original installation and shall be mowed or trimmed in a mawer--ancl-at-ar en so as not tc detract from the appearance of the general area. Any gr-c ss and brush growing in excess of twelve (12) inches in bx,eght, dead trees, trash and garbage shall be removed from the premises. Landscaping shall be maintained to minimize ize property damage and publl e hazards, including the removal o f l hanging bra_che_ _ -_ _„ ae :,olk_s_ond i " ed l th b trusting street lighting and trn ff c control . gn. 'CCI'GLCJZCriCrGIIq"JG�'0."T �uab ., �ivv� ..b.. a....s ....�..... ��w�.�... ...,.�....,. ...b..... Page 3of15 All undeveloped properties mu t- grassr-erhe-sutabllee-live '"tee Materials planted ever -the entire--site—Whit ^developea perti c -a;-be irrigated utilizing an irrigationGtem, elect lea Gen4oe—tc such properties shall be prohibited. Formerly developed vacant lots with a planting plan approved pursuant to sectio 15 3 6-ef-the village codes lz ll adhereto the reguire w n s-of that plan. All undeveloped properties and vacant lots shall undergo regular maintenance, inccludi , but iiet limited to, pruning, edging, mulching, or any +>1 aetions , istent with go rally aceepte horticu tural practices. Landscaping shall be kept fry f b' of ; ects µn,a disease and appropriately irrigated and fertilized to enable landscaping to be in -a healthy condition. All roadways, curbs and sidewalks shall be edged to prevent encroachment from the ad;ace„t t„rf area" Buildings, Structures The-exterior-of-4b-preinises-end-ever-y-strueture-thereen-where-expesed--te-publie view, shall be maintained in a condition that shall not show evidence of deterioration.deterierntien,-All-sereened-enelesures shall be properly fitted and maintained. All surfaces shall be maintained free of weathering, discoloration, ripping, tearing or other holes or breaks, broken glass, crumbling stone, brick or stucco or other conditions reflective of deterioration or inadequate maintenance. A 11 b ildi + .+l1 f ces shall L be pt f a f 4 d d l� a nt a d D i i shall be maintained in repair an'' co ditio to prevent deterioration, and must be repainted, recovered or clean + + f e (25) p „t er f ore f " ny exposed surface becomes discolored or is peeling: All off street parking spaces and driveways shall be asphalt, concrete, block, stone, brick or similar cmaoth-durable surface-er-dmrabre-surfaee as approved by the community development director. All off street parking and driveways shall be kept in good repair and sound structural-cconditi n h lt, cenere ,a b ick r e ,rf ces :hall not show signs of excessiv e-det€rior-atie pothole" na „bsta„tial cr ek All driveways shall b tatio . St µr faee dr. , e a ,s shall be maintained in a neat-appea-ance and bordered.-Stene- atorial shall be so 308.1 Compliance Exceptions. No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with t1, t of+li; ode ept the -provision" o f 30 .mod Z02 101.3.4. All residential properties, buildings and structures annexed into the Village shall comply, upon annexation, with the requirements of chapter 15, housing, sections 15 1 and 15 2, with the following exception: The provisions of subsection 307.1 shall apply 2 (two) years (twenty four (2/) months) after date of annexation. Page 4 of 15 ARTICLE I. PROPERTY MAINTENANCE STANDARDS Sec. 15-1. Generally. (a) Scone. 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 code. 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 of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling 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. Sec. 15-2. Exterior property areas. (a) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. (b) Stagnant water. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation or pooling of stagnant water thereon, or within any structure located thereon, with exception of approved, retention areas. (c) Landscaping. All yards exposed to public view must be landscaped. Play areas, flowerbeds, driveways, walks, and similar areas not intended to have vegetative cover should be clearly defined and maintained free of uncultivated growth. (1) Landscaping shall be maintained so as to present a healthy, neat and orderly appearance at least equal to the original installation and shall be mowed or trimmed in a manner and at a frequency so, as not to detract from the appearance of the general area. Any grass and brush growing in excess of twelve (12) inches in height, dead trees, tree stumps, dead and decaying plant material, trash and garbage shall be removed from the premises. Landscaping shall be maintained to minimize property damage and public hazards, including the removal of low hanging branches over sidewalks and paved areas and those obstructing street lighting and traffic control signs. Shrubbery and other landscape materials shall be trimmed to prevent encroachment onto sidewalks and other public rights-of-wav, including waterways. Page 5 of 15 (2) All undeveloped properties must have grass or other suitable live landscape materials planted over the entire site. While undeveloped properties may be irrigated utilizing an irrigation system, electrical service to such properties shall be prohibited. Formerly developed vacant lots with a planting plan approved pursuant to section 45-36 of the village code shall adhere to the requirements of that plan. All undeveloped properties and vacant lots shall undergo regular maintenance. including, but not limited to, pruning, edging. mulching, or any other necessary actions consistent with generally accepted horticultural practices. (3) Landscaping shall be kept free of visible signs of insects and disease and appropriately irrigated and fertilized to enable landscaping to be in a healthy condition. (4) All roadways, curbs and sidewalks shall be edged to prevent encroachment from the adjacent turf areas. (d) Rodent harboraze. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination. proper precautions shall be taken to eliminate rodent harborage and prevent re -infestation. (e) Exhaust vents. Pipes, ducts, conductors, fans or Mowers 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. (f) Accessory structures. All accessory structures, including but not limited to garages, storage buildings, docks, piers, boat lifts. bulkheads, screen enclosures. fences. walls, driveways and driveway aprons, walkways, and antennas shall be maintained structurally sound and in good repair and free from excessive staining, mold and mildew. (al Gates. Gates which are required to be self -closing and self - latching in accordance with the Florida Building Code shall be maintained such that the gate will positively close and latch when released from a still position of six (6) inches from the gatepost. (h) Swimming Wools. Swimming pools, hot tubs, spas, fountains and other man-made ponds or bodies of water shall be maintained in a clean and sanitary condition, and in good repair. The water shall remain free and clear of pollutants and debris and shall not provide a breeding ground for mosquitos or otherwise create a hazard to the public health and safety. (i) Motor vehicles. (1) Motor vehicles (with the exception of recreational vehicles parked in the rear or side yard in compliance with all applicable code provisions) located on residential and non-residential parcels shall only be parked on a hard. durable surface and shall not be parked in a manner so as to impede access to doors and windows. Page 6 of 15 • • (2) Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any Premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of anv type is permitted to undergo major overhaul, including body work. provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. (j) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. (k) Open storage. It shall be unlawful for the owner or occupant of a residential building. structure or property to utilize the premises for the open storage of any appliance or other item of personal property. building materials, rubbish or similar items. Sec. 15-3. Exterior of structures. (a) Generally. The exterior of all premises and every structure thereon where exposed to public view, shall be maintained in a condition that shall not show evidence of deterioration. All screened enclosures shall be properly fitted and maintained. All surfaces shall be maintained free of weathering, discoloration, ripping, tearing or other holes or breaks, broken glass. crumbling stone, brick or stucco or other conditions reflective of deterioration or inadequate maintenance. (b) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, roofs, decks and fences shall be maintained in good condition free of algae and mold. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All building exterior wall surfaces shall be kept free of faded or chipped paint and shall be maintained in good repair and in a condition to prevent deterioration, and must be repainted, recovered or cleaned when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling. 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. Page7of15 (c) Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 3 inches high with a minimum stroke width of one (l) inch. (d) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. (e) 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. (f) 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. (2) 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. (h) Decorative features. All cornices, belt courses, corbels, terra Gotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. - (i) 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 t 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. (j) 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. (k) 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. (1) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 1. Glazing. All glazing materials shall be maintained free from cracks and holes. 2. Openable windows. Every window, other than a fixed window,. shall be easily openable and capable of being held in position by window hardware. Page 8 of 15 • • (m) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. (n) Parking areas. All off-street parking spaces and driveways shall be asphalt, concrete, block, stone, brick or similar smooth durable surface or durable surface as approved by the community development director. All off- street parking and driveways shall be kept in good repair and sound structural condition. Asphalt, concrete, and brick paver surfaces shall not show signs of excessive surface deterioration, such as potholes and substantial cracks. All driveways shall be free of mold. mildew and errant vegetation. Stone surface driveways shall be maintained in a neat appearance and bordered. Stone material shall be so maintained as to not spread onto public streets and sidewalks., Sec. 15-4. Interiors of structures. (a) Generally. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a hotel. two or more dwelling units or two or more nonresidential occupancies, shall maintain. in a clean and sanitary condition. the shared or public areas of the structure and exterior property. (b) Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. (c) Interior surfaces. All interior surfaces. including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired. removed. or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. (d) Stairs and walking surfaces. Every stair, ramp, landing, balcony. porch, deck or other walking surface shall be maintained in sound condition and good repair. (e) 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. (f) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to iambs, headers or tracks as intended by the manufacturer of the attachment hardware. Page 9of15 • • Sec. 15-5. Rubbish and Garbage. (a) Accumulation of rubbish or Qarbake. All exterior property and premises, and the interior of every structure, shall .be free from any accumulation of rubbish or garbage. (b) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. (c) Disposal of zarbaze. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. (1) Garbaze facilities. The owner of every dwelling shall supply an approved mechanical food waste grinder in each dwelling unit or an approved leakproof, covered, outside garbage container. (2) Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials until removed from the premises, for disposal. Sec. 15-6. Extermination. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After, extermination, proper precautions shall be taken to prevent re -infestation. Section 4. The Village Council hereby amends Chapter 15, "Housing," of the Village Code of Ordinances by adopting a new Article III, "Minimum Housing Standards," to read as follows (additional language is underlined): ARTICLE III. MINIMUM HOUSING STANDARDS. Sec. 15-21. Purpose. The purpose of this article is to protect the public health, safety and general welfare of the residents of the village by establishing minimum standards governing the conditions, occupancy and maintenance of all residential and, nonresidential structures: establishing minimum standards governing utilities, supplied facilities and other physical components and conditions essential to make residential structures and premises safe, sanitary, and fit for human habitation. Page 10 of 15 • Sec. 15-22. Scone and annlicabilitv. Every structure shall conform to the requirements of this article, irrespective of the class in which such structure may otherwise belong, and irrespective of when such structure may have been constructed, altered. or repaired, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or premises, for the construction or repair of the structure, or for the installation or repair of equipment of facilities., No person shall occupy as owner -occupant or let to another for occupancy any residential or nonresidential structures for anv purpose which does not comply with the requirements of this article. This article establishes minimum standards but does not replace or modify standards otherwise established for construction,, replacement or repair or buildings except such as are contrary to the provisions of this article, in which event the stricter standard shall prevail. Sec. 15-23. Minimum standards for lighting. (a) Where there is electric service available from power lines which are not more than three hundred (300) feet away from a dwelling, every habitable room in such dwelling shall contain at least two separate wall -type electric outlets, or one such outlet and one supplied ceiling -type electric light fixture, and every bathroom, laundry room, furnace room and public hall shall contain at least one ceiling or wall -type electric light fixture. Every such outlet and fixture shall be in working condition and installed in accordance with the requirements of the electrical code. (b) Every habitable room shall have at least one window or skylight facing directly to the outside or other means of lighting which is approved as adequate by the inspector. The minimum total window area for every habitable room shall be ten percent of the total floor area of such room; if the only window in a room is the skylight type, the minimum total window area shall be 15 percent of total floor area of such room, except where other means of artificial lighting are approved. (c) Every public hall and stairway in every multiple dwelling shall be adequately lighted at all times. Every public hall and stairway in a structure containing not more than four dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed instead of full-time lighting. (d)' Lighting in bathrooms shall conform to the lighting requirements for habitable rooms. Sec. 15-23. Minimum standards for ventilation. (a) Every habitable room shall have at least one window or skylight opening directly to the outdoors which can easily be opened, or such other device as will adequately ventilate the room. The minimum total openable window area in every habitable room shall be equal to forty-five (45) percent of the minimum total required window area, except where there is supplied some other device affording adequate ventilation and approved by the building official. Page 11 of 15 (b) When walls or other portions of structures face a window and are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room so as to be a light obstruction feature, such window shall not be included as contributing to the required minimum total window area. (c) Every bathroom shall have ventilation equal to four (4) square feet or such other device as will adequately ventilate the room and which is approved by the building official. Sec. 15-24. Minimum standards for basic equipment and facilities. No person shall occupy as owner -occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living. sleeping, cooking or eating therein. which does not comply with the following requirements: (1) Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the building official. (2) Every dwelling unit, except as otherwise permitted under subsection (4) of this section. shall contain a room which affords privacy to a person within such room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the building official. (3) Every dwelling unit, except as otherwise permitted under subsection (4) of this section, shall contain, within a room which, affords privacy to a person within such room. a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the building official. (4) The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin, and a single bathtub or shower if: a. Neither of the two dwelling units contains more than two rooms; provided, for the purpose of this subsection (4)a, a kitchenette or an efficiency kitchen with not more than sixty (60) square feet of floor area shall not be counted as a room; b. The habitable area of each of such dwelling units shall equal not more than two hundred and fifty (250) square feet of floor area; and c. Such water closet. lavatory basin, and bathtub or shower shall be in good working condition and properly connected to a water and sewer system approved by the building official. (5) Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of subsections (1) through (4) of this section shall be properly connected with both hot and cold water lines. Page 12 of 15 (6) Every dwelling shall have supplied water -heating facilities which are properly installed, are maintained in safe and good working, condition, are properly connected with the hot water lines required under the provisions of subsection (5) of this section. (7) All cooking and heating equipment and facilities shall be installed in accordance with the requirements of the Florida Building Code and shall be maintained in a safe and good working condition. Portable cooking equipment employing flame is prohibited. Sec. 15-25. Basements and cellars. (a) No cellar space shall be used as a habitable room. (b) Basement space may be used as a habitable room if: (1) The windows are sufficiently above the lot's ground level so as to allow the room to meet requirements of habitable rooms as to light and ventilation; (2) The floors and walls below grade level of the lot are impervious to water and free from dampness at all times; and (3) The clear inner height is at least six feet eight inches, and no pipes or beams are below six feet from floor level. Sec. 15-26. Space requirements. The number of persons occupying any dwelling unit shall be limited by the following regulations: (1) Size of sleeping rooms. Every sleeping room shall have at least seventy (70) square feet of floor area for the first occupant of each sleeping room and at least fifty (50) square feet of floor area per additional occupant. (2) Maximum number of occupants. The maximum number of occupants permissible per dwelling unit shall be as follows: Dwelling Maximum Number Size of Occupants 0 Bedrooms 1 1 Bedroom 4 2 Bedrooms 6 3 Bedrooms 8 4 Bedrooms 10 5 Bedrooms 12 6 Bedrooms 14 Page 13 of 15 • • For purposes of determining whether a violation has occurred, if the square footage requirements contained in subsections (11 and (3) of this section allow for a greater number of occupants Permissible per dwelling unit contained in subsection (21 of this section, then the maximum number of occupants permissible under subsection (21 of this section shall prevail. (3) Size of dwelling unit. The total of all habitable of non -sleeping living and dining floor area in a dwelling unit should be such as to provide at least one hundred and fifty (150) square feet of floor area for the first occupant thereof: a minimum of two hundred (200) square feet of floor area per additional occupant up to five (5) occupants., and a minimum of two hundred and fiftv (250) square feet per occupant for six (61 or more occupants. (4) Bathroom Accessibility No dwelling containing two or more sleeping rooms shall be arranged so that access to a bathroom, shower room or water closet compartment intended for use by the occupants of more than one sleeping room can be achieved onlv by going through another sleeping room or outside the structure, nor, shall room arrangements be such that access to a sleeping room can only be achieved through another sleeping room, bathroom, shower room or water closet compartment. (5) Minimum height of habitable rooms. Every habitable room shall be not less than seven (7) feet in height from the floor to the ceiling throughout one-half of the area of such room. Any portion of a room having a ceiling height of less than five (5) feet shall not be considered in computing floor area. (6) Prohibited occupancy. Kitchens and non -habitable spaces shall not be used for sleeping purposes. (7) Responsibilities of landlord, lessor or owner. It shall be unlawful for any landlord, lessor or owner to consent. allow. fail to prevent, or follow a course of conduct that the landlord. lessor or owner knows, or reasonably should know, will likely cause or result in overcrowding pursuant to this section. Every landlord. lessor or owner shall take affirmative actions to ensure that the number of persons occupying any dwelling or residential structure conforms to the requirements of this article. Section 5. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Page 14 of 15 • • Section 7. All ordinances and resolutions, or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 9ThDAY OF NOVEMBER, 2017. PLACED ON SECOND, FINAL READING AND PASSED THIS 14T1I DAY OF DECEMBER, 2017. ;pillage Seale FLORIDA VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 1, VILLAGE ATTORNEY C CJ-'CAv MAYOR Page 15of15