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Ordinance 80-005ORDIN~ANCE 80 ' ~ AN ORDINANCE ESTABLISHING GUIDELINES FOR THE ADMINISTRATION OF THE COLLIER COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; SETTING FORTH THE PURPOSE AND PROGRAM OBJECTIVES; ESTAB- LISHING ELIGIBILITY CRITERIA; ESTABLISH- lNG ELIGIBLE ACTIVITIES; ESTABLISHING GRANT TERMS AND CONDITIONS; ESTABLISH- ING THE DUTIES AND RESPONSIBILITIES OF 'TH.,E COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OFFICE; ESTABLISHING GENERAL :CONTRACT, PROVISIONS PERTAINING TO ALL CONTRACTORS AND SUB.~ONTRACTORS; ESTABLISHING STRUCTURAL SOUNDNESS CRITERIA FOR RESIDENTIAL PROPERTIES TO DETERMINE ELIGIBILITY FOR A REPAIR GRANT; ESTABLISHING GENERAL SPECIFICATIONS AND REHABILITATION STANDARDS; PROVIDING GUIDELINES TO REHABILITATION WORK; PROVIDING FOR GENERAL SPECIFICATIONS AND REHABILITATION STANDARDS; ' ESTAB- LISHING A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT AREA STANDARD HOUSING CODE; ESTABLISHING THE PURPOSE; PROVID- ING FOR ADMINISTRATION; PROVIDING DE- FINITIONS; PROVIDING MINIMUM STANDARDS FOR BASE EQUIPMENT AND FACILITIES; PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THE ORDINANCE; PROVIDING THAT THIS ORDINANCE ESTAB- LISHES MINIMUM STANDARDS; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, In the Mainline Subdivision area of Immokalee, Florida, there are dwellings or' structures whlch are unfit for human habitation due to dilapidation or defects Increasing the hazards of fire, accident or other calamities; with a lack of ventilation, Ilght or sanltary facili- ties; or other conditions rendering such dwellings unsafe, un?~anitar~,~ and dangerous or detrimental to the health, safety or morals o[~othera= wise inimical to the welfare of the residents within this subdivision? and, ~ ~--~ r'-" WHEREAS, experience and accepted national housing surv~/ hav~ clearly demonstrated that s;um conditions result In a large meas~;ge improper maintenance, inadequate sanitation and overcrowded col~ditior~:~ of dwellings, buildings and premises, and from general community neglect; and, WHEREAS, It has now become common knowledge that these condi- tions can be relieved, prevented and often eliminated through a planned housing rehabilitation program, resulting thereby In better living condi- tions and overall promotion of the general health and welfare of the citizens of the area and County; and, WHEREAS, the County Commsslon has found and determined that it is necessary to consolidate and strengthen existing ordinances of Collier County which provide for minimum standards for habitable buildings and their occupancy In order to reasonably provide for the protection publlc~ health, safetyt morals and general welfare; and, 010 WHEREAS, Collier County did apply '?for and receive ?funding ?from the United States Department of' Housing and Urban Development ?for a Community Development Block Grant for the Malnllne Subdivision in Immokalee, Florida; and, WHEREAS, the major component off said Grant Program involves the establishment of a Housing Rehabilitation Grant Program to up-date sub-standard housing conditions In this subdivision; and, WHEREAS, in order to carry out said responstbliltles concomitant with said Block Grant, it is necessary to establish guidelines ?for admin- istration, standards for rehabilitation work and a rehabilitation housing code for the re-development area; NOW, THEREFORE, BE IT ORDAINED by the Board off County Commissioners off Collier County, Florida: SECTION ONE: PROGRAM PURPOSE The following CDBG Guidelines contain County's housing rehabilitation program, guidelines, includlng general speci?flcattons and residential rehabilitation standards, to serve as an aid in carrying out the objec- tives of federal and local programs ?for neglected and run-down prop- erties. These objectives seek the large scale physical, social and eco- nomic regeneration of neighborhoods which have, in general, seriously deteriorated. Many structures in declining neighborhoods were constructed years ago in accordance with standards which were quite different from current practices. Former living patterns and utilization of space are now likely to be considered Inefficient or Inconvenient. In addition, over- crowding, lack off sanitary facilities and general neglect have lead to substandard conditions in many older properties. A few years ago, these deteriorating buildings might have been torn down and replaced by new structures, a very costly endeavor. With today's emphasis on rehabilitation and revitalization, however, communities have been en- couraged to use their CDBG ?funds ?for rehabilitation, when ?feasible, rather than demolition. This approach allows communities to upgrade their existing housing stock while restoring and preserving many of the unique features of these older structures. The purpose off these guidelines are to directly assist residents and contractors that are participating in the County's rehabilitation activi- ties under the Community Development Block Grant program. Rehablll- tat[on standards differ significantly from standards ?for new construction since the extent and emphasis off the proposed work is on existing housing rather than on the construction off new buildings. This hand- book was designed to be used as a guide ?for implementing such stan- dards and specifications. Since each job differs in its requirements for material and construction, specl?fications and standards must be supple- mented by an individual work write-up for each job. SECTION TWO: HOUSING REHABILITATION GRANT PROGRAM OBJECTIVES To encourage the revitalization off Iow and moderate Income neigh- borhoods through a Housing Rehabilitation Grant Program. To remove unhealthy or hazardous conditions in Iow and moderate income homes.. To enablu Iow and moderate Income families who wou~d not other- wise be able to obtain conventional bank financing to repair their homes. -2- To encourage local lendlng Institutions to make more bank roans In Iow and moderate Income neighborhoods by upgrading the commu- nity's houslng stock. To use Community Development Block Grant rehabllitatlon grant funds as a catalyst to encourage residents of Iow and moderate Income nelghborhoods to Improve their community, 6. To preserve exlstlng houslng stock, To Improve the property tax base In Iow and moderate Income nelghborhoods, 8. To increase employment and tralnlng opportunities for project area residents and minority persons through the provision of funds for the rehabilitation of homes. .~. SECTION THREE: ELIGIBILITY CRITERIA A. Personal Eligibility Applicant must be the head of a family who owns the residential dwelling rot wh;ch the rehabilitation grant Is sought. Owners of the multi-family units may qualify for assistance under this program on a case-by-case basis, based on the above guidelines and when specif- ically approved by the CDBGPO and the Collier Cou.~ty Planning Director. Owners of single family and/or multi-family rental units who qualify for and accept a rehabilitation grant, must, in addition agree to not raise renta~ schedules for a period of at least one (1) year from the date of completion of the rehabilitation work per the CDBG program. If rents are raised during the one year period following the completion of repairs under thls program, the entire grant amount will become due and payable at once and the provisions of Section V(A)(3) shall not apply. 2. Income Llm[ts The appllcant shall not have a gross annual Income exceeding the Income guidelines outlined below. Income from all sources will be counted as Incomet except for the Income of minors who are full-time students working no more than twenty (;>0) hours per week. The Income limitations for eligibility for homeowner participation Is as follows; Number of Persons Gross Income In Household Llmlts 1 $ 8,000 2 10,000 3 11,500 4 12,300 5 13,000 6 13,500 7 14,000 8 14,500 3. Asset Limits 0t0 2.49 Net assets cannot exceed $5,000 for a single Individual and $8,500 for a family, exclusive of the fair market value of the family's home and lot and one motor vehicle per adult resident. Assets include, but are not Ilmlted to the following: Savings accounts, stocks and bonds, real estate (other than the lot upon which the subject property sits), etc. -3- 4. Financial Dlsclosuro The applicant will be responsible for full end adequate disclosure of all of his assets end Income and that of the member of his immediate household. Immediate household Is hereby defined es all persons normally residing with the applicant. Documentation of the appIlcant's income must be provided by the applicant, If tho applicant 'fails to give full disclosure during the application process, the grant process shall cease. If the applicant Intentionally provides false financial Infor- mation and the grant Is approved on that basis, the amount granted shall Immediately be repald to the Com- munity Development Block Grant Program Oflgce (COBGPO). ;- Real Pro err Ell Iblllt 1. General An applicant for a housing rehabllltatlon grant must be the' owner or the residential dwelling to be rehabilitated. The applicant must have hazard insurance on the prop- erty In question. 2. ~ or Land Sales Contract The term "Land Sales Contract" refers to any trans- action, regardless of the nomenclature by which it is known, in which the purchaser or occupant obtains free title only If he/she completes a series of Installment payments over a term of years. In order for a purchaser under a land sales contract to be eligible for a rehabili- tation grant, the land sales contract must be notarized and recorded at the Collier County Clerk of the Circuit Court's office. The owner or the residential dwelling shall have owned the dwelling for at least 180 consecutive calendar days prior to the date of the application for a rehablUtatlon grant. D. Neighborhood Rehabilitation Grants under the Community Development Block Grant Program will be made available only in the current or subsequent program years target neighborhoods or as other- wise provided for by HUD regulations. The FY 1978-1980 program area is the Mainline Subdivision of Immokalee as outlined in Section Nine. E. Grant Extension Priorities Grants will be awarded on a "first come, first serve" basis except as adjusted in Subparagraph 1-7 below. The following factors Ilsted below will be used to prlorltlze applications for fundlng. The CDBGPO may waive these priorities when the CDBGPO determines such walver to be in the best Interest of the program or the County: 1. Single family homes, owner occupied. 2. Duplex homes, owner occupied Irt one unit. 3. Triplex homes, owner occupied In one unit. 4. Single family homes, renter occupied. -4- 5. Duplex hem,si renter occupied. 6. Triplex homes~ renter occupied. 7. Other residential units. There will ba no discrimination In the acceptance~ processlngl and approval of grant applications because of race~ color~ creed, sex~ age, rellglonl national or/gini or marital status. In case of residential properties In Grant Extentlon Priorities 4 through 7 above, or In Prlorlties 1 through 3 where the owner also owns other rental property in the project area, the CDBG Coordinator may, as a condition for receiving a grant~ require that the owner apply for and/or secure a grant or loan from commercial or other sourcest to assfst in the rehabilitation efforts for his/her ~roperty. SECTION FOUR: ELIGIBLE ACTIVITIES UNDER HOUSING REHABILITATION GRANT PROGRAM A. General Eligible Activities The rehabilitation improvements made under this program shall be made only to the main dwelling unit, or to other such areas that, In the opinion of the CDBGPO, directly affect the Integrity of the main dwelling unit. The Improvements must directly protect or Improve the health and safety of the occupants of the dwelling units. The rehabilitation work must conform to the Housing Rehabilitation Code adopted for the area. (Section Twelve). 3. Temporary Improvements are not eligible, such as Install- lng plywood over rotten holes in floort etc. Structurally sound units only are eligible for a rehabili- tation grant. The CDBGPO or Its designated agent shah determine whether a unit is structurally sound. The criteria as outlined In Section Ten will be used to deter- mine the soundness of a house. 5o Before a rehabllltatlon grant may be extended, the dwelling unit must be inspected for termites and deemed suitable for rehabilitation. This inspection will be con- ducted by a licensed exterm)nator contractor. Homes will be exterminated, If necessary, following the completion of the rehabilitation work. The CDBG Coordinator shall contact at least three ter- mite extermination contractors, licensed In Collier County, and arrange for an Inspection of each property to be rehabilitated. He shall contract with the firm which offers the least expensive Inspection fee. If more than one firm quotes the same fee, he shall place all such firms or~ a rotating list. If such Inspection finds evidence of Infestatlon~ the CDBG Coordinator shall again contact at least three Collier County licensed I~irms and secure three quotes for the extermination work. The CDBG Coordinator shall then contract with the Iow firm if said work is under :$1,000.00. For work In excess of $1~000.00, the CDBGPO shall utilize standing County procurement procedures. -5- The cost of this, extermination work shall be counted in the total cost of rehabilitation for the property and shall apply against the appropriate maximum grant amounts as set forth Jn Section V(A)(2) below. Deficiencies affecting the Immediate health and safety of the occupants shall have first priority for grants. Other improvements necessary to meet the adopted stan- dards (Section Twelve) or other repairs deemed neces- sary or desirable by the CDBGPO to Include General Property Improvements and Incipient violations may be authorized if funding Is available end the maximum grant amount Is not exceeded, CDGB funds may be used for' temporary relocation ex- penses for those displaced t~.mporarlly by rehabilitation activities being carried out w~th Block Grant Assistance. Funds expended under this provision shall count against the maximum grant amount available. ,Typical Ellglbfe Activities - All repairs are to meet the adop- ted Housing Rehabilitation Standards unless otherwise indi- cated. The following examples are not exhaustive of possible grant actlvlUes: 1. Home Repalrs Repair or replace roofs, including decking end shingles. b. Repair or replace Interior walls, including studs, plastering end/or dry wall. Repair or replace load bearing or exterior walls with prior approval of' the CDBGPO. d. Repair or replace damaged or sagging floors and ceilings. Repair or replace wiring; upgrade to County's building code. Repair or replace plumbing; upgrade to County's building code. g. Repair or replace faulty steps and/or' porch. ho Repair or purchase and install a heating furnace, hot water heater, electrical end sanitary fixtures, including the expansion and provision of space necessary to accommodate sanitary facilities. I. Painting of homes, Interior and exterior. J. Connection to central water and sewer system. k. Insulate ceiling and/or attic. Inspection and fumigation of carpenter ants, ter- mites, rats, roaches and other vermin infested dwelling units only in conjunction with other eligible activities. m. Caulk open spaces around doors and windows. n. Replace broken or missing window panes and screens. 010 PA E252p. Repair or replace septic system. Provide and place clean fill to keep standing water from house. -6- Major appliances such as ranges, rerrlgerators and hot water' heaters. These Items shall be purchased directly by the CDBGPO through normal County purchasing procedures rather than by the rehablli- tatlon contractor. Deslgn Features a. Widen doorways chairs. to allow for entrance of wheel- b. Install handrails and grab bars; build ramps. Removal of architectural barriers for elderly and handicapped persons. Related Costs 1. Title report as required. 2. As-ls appraisal If required. 3. Building permit. 4. Attorney fees as required. 5. First year hazard insurance. The r~.lated costs and fees incurred during the grant application process will be included as part of the grant. SECTION FIVE: GRANT TERMS AND CONDITIONS A. General Terms and Conditions 1. In order to qualify for a housing rehabilitation grant the owner must have occupied and/or owned the unit to be rehabilitated for at least one hundred eighty (180) consecutive calendar days prior to applying for the grant and have necessary, hazard Insurance. 2. The rehabilitation improvements made under this program shall not exceed $6,500. However~ larger grants may be made under extenuating circumstances, with the approval of the CDBG Coordinator. In no circumstances shall a grant award exceed $10,000 without the express authori- zation of the Board of County Commissioners. As a condition for receiving a grant, the owner must agree to the placing of a lien on hls/her property for the amount of the grant. If the owner sells the dwelling unit prior to the end of a five (5) year period, the owner must repay to the County the amount of the grant extended, less a prorated amount for that portion of the five years In which the recipient has lived In such unit. The proration shall be at a rate equal to 1/60 of the In,rial grant amount per month. If an owner or his/her heirs continue to own and/or occupy the unit for five (5) years after the authorized work Is completed on the unit~ said lien shall automatically expire and the owner shall owe nothing to the County. B. lnellglble Persons No officer, employee, or member of the governing body of the CDBGPO who exercises any policy making respon- sibilities in connection with the carrying out of the project to which thls contract pertains, shall have any private Interest, direct or Indirect, in this contract. This prohibition shall not apply to members of the CDBG Cit;zens Advisory Committee. -7- No member or or delegate to the Congress of the United States and no resident Commissioner shall be admitted to any share or part of this contract, or to any benefit to arise from the same. However, Collier County employees may be eligible to be awarded rehabilitation grants In accordance with the rules and regulations of the program, except as limited In Section V(B)(1)&(2) above. C. .(;.rant Recipients Rights...end Restrictions To use the grant only to pay for the services and ma- terials necessary to carry out the approved rehabilitation work. Permit inspection of the prope'Fty prior, during and up to sixty (60) days following rehabilitation during normal business hours, or as otherwise arranged by the CDBGPO. Assure that the house will be available for the rehabili- tation work within thirty (30) calendar days following the date when grant was accepted by the grant recipi- ent. The work shall be permitted to be completed within sixty (60) calendar days from the commencement of the work. The CDBGPO, may extend this period, without penalty when It determines that the work requires addi- tional time due to extenuating circumstances or when It would be in the best interest of the recipient or the County. 4o The CDBGPO shall reserve the right to cancel and terminate the grant by sending written notice of cancel- lation by certified mall to the grant recipient at his/her mailing address if the recipient of the grant has refused to allow the commencement of the work wi[bin thirty (30) calendar days from the date that the grant was accepted. The CDBGPOeS failure to exercise this right shall not be deemed a waiver thereof~ as long as the rehabilitation work remain:, uncompleted. During the lien period provided by Section V(A)(3), the recipient must inform the CDBGPO by registered mail or hand delivery, if the legal status of the property owner- ship is changed In any manner different from that at the time that the grant was extended. Ir the CDBGPO or the Planning Director determine that property continues in the ownership of a member of the recipients family, the CDBGPO may authorize the continuance of the lien wlth the new property owner until its expiration. All work performed under thls program must be done by a County licensed Contractor. The recipient shall agree not to discriminate on the basis of race, color, creed, religion, age, sex, or national origin in the approval of a County licensed Contractor selected to do the work as specified In the Civil Rights Act of 1964, Title VI. 254 The standard CDBGPO rehabilitation contract shall be executed between the grant recipient and the Contractor and In addition approved by the CDBGPO prior to the CDBGPO Issuing the order to proceed on the work. The Contractor must agree to perform all work in confor- mance with the Collier County Building Code or Housing Code as applicable. The rehabilitation contract shall specify the contract price and shall specify a one (1) year warranty period for all labor and/or materials. The contract will conslst of a alngle document signed by the Contractor and accepted and signed by the grant reclpi- -8- ant, only after the approval of the grant by the CDBGPO. The contract will contain the general conditions of the contract as well as the speclficatlons for the work to be performed along with the work write-up, The grant reclpient shall permit the Contractor to use, at no cost, exlsting utilities such as llght~ heat~ power, and water normal and necessary to the carrying out and completion of the contracted work. 10. The grant recipient shall cooperate with the Contractor to facilitate the performance of the work, including the removal or moving and replacement of rugs, coverings and furniture, etc., as neccssary. 11. The grant recipient shall be responsible for permanent removal of all garbage, debriS', trash, and junk cars from his property at least five days prior to the grant closing. Work will not commence until this Is accom- plished. Ir the grant reciplen.t refuses to cooperate in this matter, his grant wJJl be rescinded. 12. The grant applicant shall not pay any bonuses or com- mlsslons to anyone In order to obtain a. grant. 13. The grant recipient shell keep such records as may be required by the CDBGPO with respect to the rehabfilta- tlon work for a period of five (5) years. 14. The grant recipient shall hold Collier County harmless and released from any liabJllty~ Injury, or damages relating to the housing rehabilitation work, work write- up, and cost estimates. SECTION SIX: AND RESPONSIBILITIES OF THE CDBGPO IN THE GRANT PROGRAM This section sets forth the duties and responslbilitles of the CDBGPO for determining the rehabilitation work necessary to bring a dwelling unit into compliance with the appropriate standards as cited above, Including but not limited to the Collier County Build- ing Code, HousFng Rehabilitation Code, Sanitation Code and other applicable County Codes and Ordinances. The CDBGPO Is hereby granted the express authority to operate this program and to carry out its duties and responsibilities under these guidelines and is further granted the authority to, In writ- ing, waive, modify or alter any provision or provisions contained in these guidelines when, in the judgement of the CDBGPO, it is deemed In the best interest of the County and the grant recipient and when such waiver or modification is not In contradiction with the state law or United States Department or H.U.D. policy. A. Initial Responsibilities 1. Prepare forms and establish appropriate procedures to effectively arrange the CDBG Grant program. Receive applicants request for assistance and explain the Rehabilitation Grant Program. 3. Determine the eligibility of applicant for rehabilitation grant assistance. Make a preliminary work write-up and cost estimate of the work to be done as a guide to determine the amount of rehabilitation to be extended. Consult with and advise the owner on the work to be done and regarding the avallabillty of a Rehabilitation Grant. -9- 6. Coordinate the blddlng of the work to be performed. In concert wlth the Collier County Building Department, ensure that the rehabilitation work complies with Collier County's codes and ordinances and this program's speci- fications as applicable. B. Perform Inspections of the work during the repair period, a final inspection, and a sixty (60) day reinspection. To counsel grant recipients on home maintenance and other related concerns. B. ~ectlon The CDBGPO shall prepare an Inspection report that identifies the dwelling unit's deficiencies that are suitable for rehabili- tation. This Inspection report later will serve the CDBGPO as the basis for preparlng a preliminary work write-up and a cost estimate. Work Write-up and Cost Estimate CDBGPO shall prepare a preliminary wrlte:up and cost estl- mate based on the property Inspection report which itemizes all the rehabilitation work to be done on the property, and whlch includes a cost estimate of each item. The estimate shall reflect the prevalllng material and labor costs In Collier County for comparable work and the costs of required County permits, D, Processing and Submission The following Is an outline of the process followed by the CDBGPO In processing and approving of a grant application. All applications for a housing rehabilitation grant will be processed in a timely fashion. If denied approval for' a reha- bilitation grant, the applicant has the right of appeal, which shall be heard wlthln fifteen (15) calendar days after receipt of a written request for appeal; however, an appeal request must be received by the CDBGPO within thirty (30) calendar daya o1' the rejection of the grant appl]catlon. In addition/ a i'amlly may not apply more than twice annually for a rehabili- tation grant. Appeals wlll be heard by the CDBGPO Coordi- nator and if necessary, by the Board of County Commis- sioners. The CDBGPO will: 1. Interview and advise the applicant on the general reha- bilitation objectives of the project. Advise the applicant on the availability and benefits of a rehabilitation grant and explain and discuss the grant's terms and conditions. Complete an application for assistance for the applicant and determine the ellglbUity of the applicant. 4. Verify the appllcant's Income, housing expenses and assets. Advise the applicant concerning the conditions under which a Housing Rehabilitation Grant is made. 6. Obtain the following Information with respect to the applicant: OiO PA,nE~58 a. Verification of employment as applicable. -10- b. Verification of Income sources and amounts. c. Verification of property ownership, Including title report~ If considered necessary by the CDBGPO. e. "As-Is" appraisal, If considered necessary by thn CDBGPO. Verification or hazard Insurance and property tax payments. All of the above must be completed prlor to the development of a work write-up on a particular house. 7. Prepare a preltmlnary work write-up and cost estimate of the rehabilitation work. ;- 8. Determine which items in the work write-up conform to the purpose for which the rehabilitation grant program is Intended. 9o Consult with appllcant on preliminary work write-up and cost estimate to reach agreement on work to be done. 10. Assemble all pertlnent Informatlon relative to the poten- tial grant reclplent's application. 11. The Housing Rehabilitation Specialist and the CDBGPO Coordinator will discuss each appllcatlon for a grant. The CDBG Coordinator will approve or deny each re- quest for a grant. 12. The County Purchasing Department blds the work to be performed and generally selects the Iow bidder to per- form the work; however, the homeowner may, at hls/her option, select any eligible contractor provided said contractor agrees to perform the work for the Iow bid price, receives County and HUD certification of eligibil- ity, and agrees to all CDBGPO rules. If such contractor agrees to perform said work for a fee In excess of the Iow bid, the homeowner may still utilize his services provlded that the homeowner deposits in an escrow account established by the CDBGPO for the rehabilitation work, a sum of money equal to the difference between the Iow bid and the new contract price. Such deposit must be made before a notice-to-proceed wlll be Issued by the CDBGPO. 13. The homeowner is given a copy of the grant contract, the contract with the contractor, and the work write-up fO rm, 14. After the work commences~ the rehabilitation work Is carried out with CDBGPO making periodic inspections. 15. After the work is 100% completed, the contractor re- quests final Inspection or rehabilitation work. 16. Final Inspection of rehabilitation work is made by the CDBGPO and the Collier County Building Department as required. Work is also reviewed by the homeowner who signs a statement of satisfaction; however, failure by the homeowner to sign such a statement does not preclude the CDBGPO from approving such work and paying the con- tractor. The CDBGPO will arbitrate any dispute about the work that should arise between the homeowner and the contractor. The CDBGPO reserves the right to make the decision as to the approval of all work. The CDBGPO's decision will be final. '11- 17. After the work is completed to the satisfaction of the CDBGPO, a certificate of final Inspection Is issued to the contractor. 18. If the work is approved, and warranties from the general contractor and subcontractor~ manufacturers' and sup- pliers' warranties, and a notarized release of liens from all materialman, laborers, and subcontractors stating that all bills have been pald are obtained, final request for payment for rehabilitation work is then made by the contractor. 19. Final payment is then made to the contractor for com- pleted rehabilitation work less a ten (10) percent retain- age which Is held back for a period of up to ten (10) days. The retalnage is held back until the CDBGPO is satisfied that all components ~3stalled are In working order. 20. Time permtttlng~ homeowners are counseled on home maintenance and the house relnspected perlodically. 21. Each home repaired will relnspected approximately sixty (60) days after the approved final inspection. It shall be the responsibility of the CDBGPO to establish an escrow system of accounting for grant recipients' funds. All funds associated with the rehabilitation of a recipient's pro- pe,~y, from all sources, shall be placed In this fund. All escrow funds may be held In a common bank account provided that a separate accounting of such funds Is maintained In a ledger by the CDBGPO. Control of funds contained In all escrow accounts shall be the Joint responsibility of the CDBG Coordinator and the County Planning Director. As a condition of receiv- Ing a grant from the CDBG program, grant recipients must, in advance, agree to the use of the escrow system as outlined herein and authorize the CDBG Coordinator and the County Planning Director to pay any and all rehabilitation bills upon their satisfaction that such bills are legitimate, authorized and that the work has been completed to specifications. In the event that there ls a disagreement between the homeowner and a contractor as to whether the rehabilitation work was done according to specifications, the homeowner agrees that the CDBG Coordinator and the County Planning Director shah make the final determination of approval and satisfaction, and shall be authorized to pay the contractor. SECTION SEVEN: GENERAL CONTRACT PROVISIONS PERTAINING TO ALL CONTRACTORS AND SUBCONTRACTORS A. General Provisions After the bidding procedure Is completed, a contract Is executed between the CDBGPO and the grant recipient, and between the homeowner and the contractor. The contractor must execute a contract with the home- owner within seven (7) calendar days and commence work within fourteen (14) calendar days after the Issu- ance of the order by the CDBGPO to proceed, and complete the work within sixty (60) calendar days from the date that the order to proceed was Issued. The CDBGPO may grant extensions to the above dates If the completlon is delayed beyond the control of the contrac- tor, such as inablllty to obtain materFals or weather conditions or If the CDBGPO determlnes that such exten- sion is In the best Interest of the County or the recipi- ent. -12- The contractor shall provide a one year warranty for all labor and/or materials as speclfled in the provisions of the contract. The contractor shall furnish the home- owner' with all manufacturers and suppller's written guarantees and warranties covering materials and equip- ment furnished under the contract. Upon completion and satlsfactory inspectlon of sixty (60) percent of the agreed upon work~ the contractor may submit a draw request for fifty (50) percent of the con- tractural costs. An additional forty (40) percent will be pald upon inspection and satisfactory completion of the entire agreed upon work and the completion of the appropriate forms, less 'the tan (10) percent retalnage which will be pald as per the terms of Section VII(D)(8). This provision Is subject to the extent and length of the rehsbllltatlon work end no more than one draw before the final payment wlll be authorized per job. The ar- rangement for a draw must be made In advance. The contractor's bid and the work performed on each rehabllltatlon job shall comply with the project bld speci- fications and rehabilitation standards established by the CDBGPO (Section Eleven). Each ellglbl~ contractor shall be provided with the CDBGPO's project bid specifica- tions. B. Procedures for the Assic/nment of Work All work assignments are subject to competitive bidding conducted by the County Purchasing Office. All bids will be Itemized by general categories. Detailed work write-ups will be available for review at a bidding meetlng after contractors are notified of the day, date, and time In writing by the CDBGPO. Contractors Interested in bidding on the available work should report to the Collier County Purchasing Office, Room 118~ Bulldlng "F", County Courthouse Complex~ Naples~ Florida 33942~ on the designated day and at the prescribed time. Detailed work write-ups on each house to be rehabili- tated will be given to contractors and explained In detail at the bidding meeting. Contractors will also be Invited to visit the subject house during the meeting or by appointment. The CDBGPO Intends to have approxlmately five (5) or more work write-ups available at the bidding meetings. 6. Contractors should bld only on the work described in the write-ups. 7. All contractor's questions relative to the work write-ups will be answered at the meeting. Each group or houses to be rehabilitated will be assigned a bid number when they are ready for bidding. Bids will not be considered valid unless all Individual housing units are bldded on and they are completed~ signed and received in a sealed envelope marked "Sealed Bid", the envelope is Identified by the name of the firm, the num- ber of the bid item~ and date and time of the bld open- lng. The contractor's name and license number shall be listed on the bid work write-up forms. The work will then be awarded subject to the approval of the CDBGPO. 9. A bld tabulation sheet will be completed by the purchas- OlO tAOl~)~9 lng office at each bid opening. Contractors may also malntaln bid tabulatlon sheets at the bid opening. -13- 10. Contractors must be able 'to accomplish all bldded work within sixty (60),calendar days from the date that the order to proceed is Issued unless an extension Is granted under Section VII 11. Contractors will be awarded contracts only on Jobs for which they were the lowest end best bidder and that they will be able to complete within sixty (60) calendar days Inctuslve o1' all Jobs to be awarded to them from the date that the order' to proceed was Issued unless an extension is granted by the CDBGPO or the homeowner ~l~ct~ ~nnth,r c. ontrector per Section VI iD) (1G). 12. Contractors are not eliglble to bid upon additional work if work awarded from past bidding cycles has not been 75% completed to the satisfaction of the CDBGPO as per the work write-up within the .sixty (60) day completion schedule. They will remain l~f~llglble at least until the work is 7596 completed to the satisfactlon of the CDBGPO. 13. The CDBGPO reserves the right to waive Informalities In any bid; to reject any or all blds wlth or without cause, and/or to accept the bld that, In Its Judgment~ will be In the bast Interests of the County or the grant recipient. 14. The CDBGPO reserves the right to reject all blds Includ- ing the lowest bid should that bld exceed the CDBGPOts estimate of the cost of work to be performed by over 10%. However~ the lowest bidder has the right to make hls bid conform with the 10% rule. A "low-ball bld" may also be rejected. A "low-ball bld" Is a bld in which costs are estimated so Iow that, in the opinion of the CDBGPO~ they are unlikely to cover the actual cost of repairs. The 10% rejectlon rule may be waived by the CDBGPO In wilting, It, In its Judgment, justification for a greater dlsparlty exists. 15. The CDBGPO reserves the right to reject all bids which exceed the current Board of County Commissioners ap- proved maximum grant limit. Therefore, It is possible that all blds may be rejected on a particular proposed Job. 16. The CDBGPO may waive bidding procedures in emergency situations when work must be completed very quickly because the health, safety, or' welfare of the family may be endangered and the estimated cost of the work Is less than $3,000. 17. If, during the course of the authorized work In pro- gress, unforeseen required work Is dlscovered that was not listed on the approved work write-up, the CDBGPO shall utilize the procedure outlined in 17(a) or 17(b) below. The total of bid-awarded work and all additional work authorized under thls subparagraph shall not exceed the $10~000 maximum grant limit without speclflc approval of the Board of County Commlssloners. a. The CDBGPO shall reserve up to a 1096 contlngency fund for each housing rehabilitation grant contract awarded to a general contractor'. Monies from thls fund will only be used upon speclrlc written author- Ization of the CDBG Coordinator and upon receipt from the successful bidder of an itemized cost estimate for the additional work. This provision ts Intended to reduce the number of formal contract addendums which will expedite the completion of work awarded in the case of small amounts or addi- tional new work required to be performed. b. Formal contract addendums will be granted only if unforeseen required work is discovered during the -14- course of the work In progress and that was not listed on the' approved work write-up and the cost estimate of which exceeds the 10% contingency provided for in Sectlon VII(B)(18)(a) above. The cost of addendums will be based upon the Itemized cost estimate submitted to the CDBGPO by the successful bidder and shall be approved by the County Planning Director. 18. For purposes of evaluatlon~ bidders must Indicate any varlances to the speclflcatlons~ no matter how slight. If variations are not stated In the propo.~nl, it will be considered that services and materials to be furnished fully comply with the speclficatlons. Once a Iow bidder is awarded work, that Iow bidder must follow the ap- proved work specifications without deviation. Once work commences, a contractor found, not to be following the specifications will be ordered {o cease work Immediately on the job and may be expelled from the program for a period to be determined by the CDBGPO. 19. No contracto~ may bid upon work u.n. tll the CD. BGPO has secured for its files evidence of a Class A, B, or C ~ contractor's Ucense, liability Insurance, bond- lng, workman's compensation coverage~ and state certifi- cation or a Collier County Competency Card, as appli- cable. Contractors must also complete the "Application for Participation" form and have the Information provided verlfled by the Collier County Building Department and their eligibility to participate reviewed and approved by HUD. 20. Prior to the execution of contracts and Issuance of the order to proceed, the work write-ups must be slgned and dated by the contractor, homeowner, and Houslng Rehabilitation Specialist or the CDBG Coordinator. ;71. An order to proceed to a general contractor will no__t be Issued until all pertinent forms and contracts are exe- cuted, and lists of subcontractors and major material suppliers and evidence of performance bondlng registra- tion are provided to the CDBGPO. The successful gene- ral contractor's submitted Itemized cost breakdown will be used as a basis for determining the amount cf draw- downs and possible addendums. The Itemized cost breakdown should Include material, labor, and overhead. The general contractor and appropriate subcontractors must obtain the necessary Collier County building per- mits. In addition, the general contractor must attend a "walk through" session at the house to be repaired with the CDBGPO staff and the homeowner. This will serve as a preconstructlon conference. 22. Homes that are not bid upon during a given bidding period will be bid again during ensuing bidding periods until serious bids are received. 23. Approved participating general contractors will adhere to Collier County's approved HUD affirmative action plan. 24. Approved participating general contractors must agree to recelve and review bids for all work to be subcontracted from the CDBGPO's list of specialty subcontractors. Specialty subcontractors whether hired from the County's list or from other sources, must submit evldence to the CDBGPO of licensing, bonding, liability Insurance, workman's compensation, If applicable, and their ellgl- bility to participate must be verified by the Collier BO0~ 0~0 PA~[~"'~'~' County Building Department and HUD. Subcontractors on the County's list will be provlded with a llst of participating general contractors and will be invited to the bid meetings. It will be the responslbillty of the -15- subcontractors to submlt bI~s for work to be performed to the partlclpatlng' general contractors. 25. The CDBGPO may waive any or all of Section VII of these program guidelines when it determines that such waiver is In the best Interest of the recipient or the County. C. Work Related Provisions The contractor .~hall prnvlda and pay far all matarlal.~ labor~ tools and other Items necessary to complete the work and all other services and faculties of every nature whatsoever necessary to execute, complete and deliver the work wlthln the sixty (60) day completlon period. The contractor shall obtain and.pay for all permits and licenses necessary for the work and labor to be per- formed. 3. The contractor shall not use lead based paint on any work under this program. The contractor shall perform all work In conformance with programs and specifications and applicable local codes and requlrements~ Including the Collier County Building Code where applicable. The contractor shall keep the premises clean and orderly during the course of the work and remove all debris and clean up the premises at the completion of each day's work. The contractor shall not assign the contract without the prior written consent of the owner of the property and the CDBGPO. There will be a sixty (60) day follow-up Inspection by the CDBGPO on each house repaired. Contractor shall perform all work as per the work write- ups. No deviations from the approved work write-up will be allowed. Contractors are not permitted to make "deals" or "trade-offs" with homeowners. Provisions will be made for contract addendums. However~ all adden- .dums must...be' approved by the homeowner and the CDBGPO. Addendums will only be approved for Items not included on the original approved work write-up. payment Provisions Final payment shall be made to the contractor oniy after the following condltlons have been met: 1. A written request for payment. The contractor has satisfied all release of liens by sub- contractors, laborerst and material suppliers for com- pleted work or installed materlals and supplied the CDBGPO with a notarized lien release form executed by all major subcontractors and major material suppliers. The contractor has completed 100% of the work as per Collier County program specifications and applicable Collier County Codes. 4. Passed final Inspection by the CDBGPO in conjunction with the homeowner and the Collier County Building ~:~uiu Department. When the completion of all appropriate forms has been accomplished, the final Inspection shall be conducted withln seven (7) calendar days from the day that the written request for payment Is recelved from the contractor by the CDBGPO. -16- The contractor shall be notified In writing by certified mall within seven (7) calendar days thereafter if one or more of the contractual terms have not been satisfied. The written notification shall state the conditions that need to be corrected In order to satisfy the terms of the contract. All sums due the contractor shall be disbursed by the CI3DGPL3 wlthln ten (10) calendar days following the final approval of work. 7. Draw payments will be authorized per the provisions of Section VII (A) (4). A ten (10) percent retalnage will be held back on each job until the CDGBPO is satlsfie,.cl that the work Is com- pleted in a satisfactory manner as per the provisions of Section VII (D) (1), (2), (3), (4) & (5). E. Insurance Provisions The contractor shall be responsible for all damages to persons carrying out the provisions of the contract and shall be responslble for the proper c&re and protection of all work performed until completion and final accept- ance whether or not the same has been covered In whole or In part by payments made by the CDBGPO. The contractor shall indemnify and hold harmless Collier County and the CDBGPO from liability for any Injury or damages to persons or property that may result from his prosecution of work under the contract. The contractor shall maintain such insurance as will protect him from claims under ~/orkman's Compensation Acts and the Employees Benefits Acts from claims for damages because of bodily Injury, Including death, and from claims for damages to property which may arise both out o1', and during operations under this contract whether such operations be by a subcontractor or any- one directly or Indirectly employed by either of them. The contractor will purchase and maintain such Insurance as will protect him from claims under workmen's compen- sation laws, disability benefit laws or other similar employee benefit laws; from claims for damages because of bodily injury, occupational slckness or disease or death of his employees, and claims Insured by usual personal injury liability coverage, from claims for dam- age.-, because of bodily Injury, sickness or disease, or death of any person other than his employees Including claims Insured by usual personal Injury liability cover- age; and from claims for injury to or destruction of tangible property, including loss of use resulting there- from - any or all of which may arise out of or result from the contractor's operations under the Contract Documents, whether such operations be by himself of by any subcontractor or anyone directly or Indirectly em- ployed by any of them or for whose acts any of them may be legally liable. This Insurance shall be written for not less than any limits of Ilabllity specified In the Contract Documents or required by law, whichever Is greater and shall Include contractual liability Insurance. Before starting the work, the contractor will file with the County certificates of such Insurance, acceptable to the County; these certificates shall contain a provision that the coverage afforded under the pollcles will not be cancelled or materially changed until at least 15 days 0~0 ~A(;1~2~3prIOr written notice has been given ,o the County. Certificate of Insurence sha~l be supplied by the contrac- tor to the CDBGPO before the contract is signed, -17- The contractor shall observe the safety provisions of all construction codes. The contractor shall take or cause to be taken such additional safety and health measures as the CDBGPO may determine to be reasonably necessary. Machlnery, equipment, end all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accldent Prevention in Constructlon"~ published by the Associated General Contractors of America, Inc., to the extent that such provisions are not In conflict with applicable local laws. The contractor shall malntein an accurate record of all cases of death~ occupational dlsease~ and Injury requiring medical attention or causing loss of t~me from work, arising out of employment on work under the contract. The¥'contractor shall promptly furnish the CDBGPO with reports concerning these matters. F. Federal ~ortunltles Provisions The Contractor shall comply with the applicable regula- tions of the Secretary of Labor. Un!ted States Depart- ment of Labor, made pursuant to the so-called "Anti-Kick- back Act" of June 13, 1934 (48 stat: 948:62 stat, 862; title 18 Uo$.C., Section 874 and title 40 U.$.C. Section 276 c)~ and any amendments or modifications thereof. He shall cause appropriate provlsons to be Inserted In subcontracts to Insure compliance therewith by all sub- contractors sub~ect thereto~ and shall be responsible for the submission of statement required of subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable Ilmltatlons, variation, tolerances, and exemptions from the requirements thereof. In addition, during the performance of this contract, the contractor agrees to the following: The contractor will not dlscrlmlnate against any employee or applicant for employment because of race, age, color, religion, sex or national origin. Such action shall Include, grading, demotion, or transfer, recruitment or recruitment advertlslng, layoff or termination, rates of pay or other forms of compensation, and selection for training, Including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this nondiscrimination clause. The contractor will In all solicitations or advertlse- ments for employees placed by or on behalf of the contractor~ state that all qualified applicants will receive consideration for employment without regard to race, age, color, religion, sex or natlonal origin. CJ The contractor will cause the foregoing provisions to be Inserted In all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. G. Records The contractor shall malnta]n such records as may be required by the CDBGPO with respect to the Rehabilitation work for a ~1~erl°d of five years. -18- SECTION EIGHT: , PROGRAM EQUAL OPPORTUNITY PROVISIONS Collier County's Housing Rehabilitation Grant Program does busi- ness in accordance wlth the Federal Fair Housing Law and Federal Equal Credit Opportunity Act. These laws state that it is illegal to discriminate against any person because of race, color, age, religion, sex, marital status, or national origin. The ColIler County Community Development Block Grant Program Office shall not discriminate against any person in the granting or denying of a grant, the setting of the amount of a grant, the application procedures, or any other terms end conditions of a grant. The Coiller County Community Development Block Grant Program Office shall not discriminate against any competent and eligible contractors deslring to participate in the housing rehabili- tation program. Any Individual that believes that he/she may have been discrimin- ated against should discuss the matter with the Coordinator of the grant program, the Collier County Equal Opportunity Officer or contact: The Assistant Secretary for Equal Opportunity U. S. Department of Housing and Urban Development Washington, O.C. 20410 SECTION NINE: PROJECT AREA BOUNDARY MAP o~o0¥.00 o ~ DeterloraLed Dwe)llag UoLt Ditapidated Dw,llieg Unit 8Ingle ~amlly Fouling Duplex ~ounlng Mult/-~amtly HOUalAg .Dormitory ~O~g AVEKUE 0 ¥ y ~bO 0 ~ '00 I:'1, Os ¥ ¥ ¥. 0 0 0 0 0 0 I O0 ~'u~r tq A ¥ L"~U~ ® O~' (D -19- SECTION TEN: ° STRUCTURAL SOUNDNESS CRITERIA As per the Housing Rehabllltati~n Program Guldellnes, only structurally sound houses are ellglble for a repair' grant~ l.e. houses that are deteriorated and require minor or major repalr~ but are not dilapldated. Work write-ups on houses must emphasize code vlolat--'[~ns, first to Include structural, electrical, doors, wlndows~ rotten board replace- ments, and plumbing Items. Other Items such as cablnets and Interior palntlng will be Included If sufficient funds remain up to the maximum grant amount. All work performed must conform to the approved Hous- Ing Code or the Collier County Building Code, as appllcable. The following criteria will be used to determine whether a particular house Is eligible for the program. .. A. Ail bulldlngs or structures which have any or all of the following defects shall be deemed "dangerous buildings" and are hereby declared to be unsafe and constitute a nuisance. Those whose Interior walls or other vertlcal structural mem- bers list, lean or buckle to such an extent that a plumb line passlng through the center of gravity passes outside the middle third ol' its base. Those which, exclusive of the foundatlon~ show thirty-three (33) percent or more~ of damage or deterloratton of the supporting member or members~ or fifty (50) percent of damage or deterioration of the non-supporting enclosing or outside walls or covering. Those which have Improperly distributed loads upon the floors or roofs or In which the same are overloaded~ or which have Insufficient strength to be reasonably safe for the purpose used. Those which have been damaged by fire, wind or other causes so as to become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the County. Those which have become or are so dilapidated, decayed, unsafe, unsanitary, or which so utterly fail to provlde the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease so as to work Injury to the health~ morals, safety, or general welfare of those living therein. Those having light, alt and sanitation facilities whlch are inadequate to protect the health, morals~ safety~ or general welfare of human beings who live or may live thereln. Those having Inadequate facilities for egress in case of flre or panic and those having Insufflclent stalrways~ elevators~ fire escapes, or other means of communication. 8. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. Any building or structure whlch~ because of its condition or because of lack of doors or windows or abandonment~ is available to and frequented by malefactors or disorderly persons who are not lawful occupants of said structure. 10. If the "dangerous building" can reasonably be repaired so that it will no longer exist In violation of the terms of this appendlx~ it may be ordered repaired.  If the "dangerous building" is in such condltlon as to make it BOOK 010 P,~[ an Immediate hazard to the health, morals~ safety, or general welfare of its occupants, it shall be ordered to be vacated. -20- 12. In any case where a ,'dangerous building" Is more than fifty (50) percent damaged or decayed, or deteriorated from its orlglnal value, it shall be demolished, and in all cases where a bulldln9 cannot be repaired so that it will no longer exist in violation of the terms of thls ordinance, it shall be demol- Ished. SECTION ELEVEN: GENERAL SPECIFICATIONS AND REHABILITATION STANDARDS A. Guldellnes to Rehabilltatlon Work . The scope of the work shall Include all labor, mater- equlpment, permlts, drawlngs (if any) and services necessary for the proper completion of the rohabilltatlon of the property Identified in the work l~rite-up. Drawings. The drawings of floor plans, if any, are diagram- matic only, iljustrating the general intention; they do not show all of the work required, exact dimensions, or con- struction details. Plans and .Specifications. Plans and specifications are comple- mentary. Whatever Is shown or Inferred on the plans or specifications shall be as If required by both. Figures shown on drawings govern scale dimenslons and large scale detailed drawings supercede those of smaller scale. If drawings and specifications conflict or requlre any clarification not obtained prior to bidding, the designer's interpretation of the true Intent shall govern. Materials. All materials furnlshed shall be new and wlthout any Indication of damage or breakage. If usually packaged, they shall be brought to the job In original unbroken con- talners. Brand names mentioned together wlth the phrase "or equal" Indicate that other makes of equal quality and suitability may be used. The Purchasing Director reserves the sole right to decide equality of materials. Trade names are used in these speciflcat~ons to establish the quality and type of materials required; the exact material to be used on a specific Item will be described in the work wrlte-up for thls particular property. Materials not specified but requlred shall be the best adapted to the purpose. Installation of any material or products shall be in accordance with the manufacturer's dlrection and speci- fications. Workmanship. Workmanship shall be equal to best standard practice, with work performed by expert, skilled craftsmen only~ in accordance with the standards of the several trades known as a "workmanlike" manner. A competent Superinten- dent shall be in charge of all the work at all tlmes. a ' Adequate safety precautions shall be taken, Includ- rricades and slgnal lights, to ensure protection of all workmen, public, and owner's property. During construction, all work will be done under OSHA. Variations From Specifications. The CDBGPO may waive, modify or alter any of the provlsions under this section, when, In the judgement of the Program Office, such waiver or modification is in the best Interest of the County and the grant recipient. OiO B. General Sj3eclflcatlons and Rehabllltatlon Standards 1. CONCRETE 1.1 Concrete - General S~eclficatlons 1.1.a. No concrete is to be placed over grass, roots or foreign material. 1.1.b. All reinforcing shall be free of scale, rust or coating that reduce concrete bond. 1.1 .C. All reinforcing rods shall be deformed domestic as per A.S.T.M. Deslgnatlon A305. 1.1 .d. All concrete slabs shall be separated from exlstlng constructions- by ~" asphalt-Impre- gnated expanslon joint material. 1.1 .e. Fill dlrt shall be clean and free of deleterious material. 1.1 .f. All materials used for concrete forms shall be removed after concrete has set. Voids in exposed concrete surfaces ~vlll be filled with cement paste and dressed smooth. 1.2 Piers - Bases 1.2.a 1.2.b. Piers shall be solid, one-prece, reinforced con- crete (2500 p.s.i.) minimum dimension 8" X 8" - 8" X 16" concrete block, filled solid. Mini- mum height from grade to bottom of sill or jolst is 18". (12" if pressure treated (p.t.). Bases shall be minimum 4" thick concrete (2500 p.s.l.) 16" X 16" or larger. Bases must be set on firm soll below existlng ground level. 1.3. Step~ 1.3.a. Precast steps shall be standard size, placed over concrete slab~ 4' X 4' X 4". 1.3.b. Hollow poured steps shall be formed and poured over 8" X 16" footer. Wall thickness shall be minimum 4". 1.3.c. Frame steps shall be P.T. 2" X 12" Strlnger, 1" X 8" Riser, I 1/8" X 12" Bullnose, Pres- sure Treated, stalrstock tread. 1.3.d. Any other type steps not listed wlll be written in detail on Bid Specifications. 1.4 Footings Footings shall be minimum 2500 p.s.i, reinforced con- crete. Reinforcing steel shall be deformed 20,000 p.s.l. minimum lap of 24 bar diameters. Footing reinforcement shall have a minimum concrete coverage of 3" on bottom and sides. Form work shall be used when exlsting soil is not sufficlently firm to retain concrete pour. No con- crete shall be placed over grass, roots~ or forelgn material. 1.5 Foundation Walls Masonry walls should be nominal 8" X 16" hollow masonry block lald with full mortar bedding In a running bond, 010 PA~E~)~unless otherwise specified. -22- 1.6 Concrete Slab All concrete slabs shall be mlnlmum 4" thlck~ 2500 p.s.l. concrete. Relnforclng shall be 6" X 6" No. 10/10 welded wlre. No concrete is to be placed on grass, roots or foreign matter. All back fill shall be well tamped and level before placing of concrete. Top of slabs poured on existing grade shall be mlnlmum of 4" above surrounding soil. 2. CARPENTRY 2.1 .Carpentry' - General Speclftcatlons 2.1.a. Ail wood or lumber which Is in contact with concrete, earth or within 12'" of ground shall be pressure treated.;- 2.1 .b. Furring strips applied to masonry shall be 1" X 2" pressure treated. 2.1.c. All structural timbers shall be grade marked. 2.1 .d. Studs may be spaced a maximum or 24" o.c. All load bearing studs walli shall have double top plates. 2.1.e. Exterlor sills must be tied to pier and pad with a pier strap. 2.2 Floor Framing 2.2.a. All new or replaced floor Joists shall be sup- ported at their extreme ends by either a 2" X 2" ledger or metal Joist hanger. 'Foe nailing only will not be acceptable. No splic- Ing or floor Jolsts between supports will be permitted. 2.2.b. Remove deteriorated floor jolsts and replace wlth new joists of No. 2 Southern Pine, P.T. having the same dimensions as old Joists. 2.3. Wall Framing Speclflcatlons Unless plywood sheathlng Is used, new corner posts on exterior wooden walls should be diagonally braced with 1" X 4" on both sides at a 45 degree angle. All load bearing stud walls shall have double top plates. All headers over door and window openings shall be doubled. 2.4 New Stud Wall Build a new stud wall as described In specifications. Studs shah be nominal 2" X 4" on 16" centers. Sole plates shall be pressure treated If laid on masonry or concrete. Studs may be on 24" centers for non-load bearing walls. 2.5 Roof Framing - General Specifications (Rafters~) All damaged or deteriorated rafters shall be removed entirely. Collar Tiers shall be Installed on all new rafters. Ties shall be 1" X 6" pine or fir and located In the mlddle third of the rafter length. Ail saw cuts on roof framing and rafters shall be to the line and closely fitted. -23- Roof Framing - General Specifications 2.6.a. When a ridge board is to be Installed, It shall be a mlnlmum of 1" in thickness and not less In depth than the cut end of the rafters it Joins. 2.$.b. Celllng Joists and rafters shall be nailed to each other where possible. Ceiling Joists shall be continous or Joined together over a partition to provide a continuous tie across the building. 2.6.c. Plywood sheathing shall be a minimum 4' X 8' X t~. thick. Solld sheathing shall be nominal 1" X 6". Strip sheathing shall be 1" X 4" on 12" centers. All end,'Joints shall be made over rafter and shall extend back onto roof mlnl- mum or 4'. 2.6.d. When replacing a fascia boar~! its length shall be sufficient to reach a minimum of 3 rafter ends. FLOORING 3.1 Repair All damaged, loose or broken sub flooring shall be repaired or replaced before Installation of a finished floor. Spot repairing of existing tongue and g~oove flooring shall be made so that end Joints occur over a floor joist. Adjacent end joints shall be staggered. Replaced flooring shall match existing In size, quality, and finish, unless otherwise specified. 3.1 .a Flooring or floor covering, when repairing, shall extend Into closets and storage areas. 3.1 .b. 3/4 exterior grade plywood or pressed board may be used as a substltute when underlay- ment or floor covering is to be applied. In- terior plywood with exterior glue also is ac- ceptable. 3.1 .c. Replaced Shoe Mold - When necessary to re- move existing shoe mold in order to repair damaged flooring, new shoe mold shall be Installed and finished to match existing shoe mold. 3.2 Underlayment Underlayment shall be hardboard or plywood labeled and guaranteed as underlayment grade by manufacturer. Thlckness shall be designated. 3.3 Plywood Flooring and Repairs 3.3.a. Replacing with New - Replacement shall be 3/4" exterior grade plywood. End joints shall be staggered and occur over floor joist. In- terlor plywood wlth exterior glue also accept- able. 3.3.b. Sub Floorlnq - Sub Flooring shall be the same as abovet or substitute of 1" X 6" flooring, diagonal application. End joints to occur'over' floor joists. 17J. O , 270" F,oors - Sand ,nd ,'arn,,h -24- To be sanded~ apply wood filler when needed, sealed, two coats of varnlsl~ and waxed. NOTE: Replace exceptionally damaged boards. 3.5. Exterior Flooring Tongue and grooves flooring for exterior porches or enclosed utility rooms shall be 1" X 4" C grade or. better. When the width of an existing wooden porch Is 9' or less, flooring shall extend from main body of structure to outer extremity of porch. No splicing will be per- mitted. When the width of an existing wooden porch is more than 9' one splice per run will be permitted, pro- vided the spliced flooring Is 4' or more In length. Adjacent end joints in runs of flooring must be stag- gered. .,.. Exception: 1' X 4" clear fir flooring applied with 5 penny finish nails set and caulked. Thls application can be used only when called for In the work write-up. 3.6 Oak Floorlncj Install Oak Flooring in Indicated rooms. Flooring shall be 25/32 X 2~4"~ end matched, tongue and groove, (Select Red Oak-Select White Oak) sanded~ sealed/ two coats of varnish and waxed. New floors shall be completed with new shoe mold finished to match floor. 3.7 Pine Flooring Install pine flooring tn Indicated rooms. Flooring shall be nominal 1" X 4", tongue and groove, "C" grade pine~ sanded/ sealedt two coats of varnish. New floors shall be complete with new shoe mold finish as designated by owner. 3.8 Floor Covering All floor' covering shall be applied over existing floors or over a suitable felt covering if necessary. 3.9 Floor Covering - Tile Install underlayment grade hardboard t4" thick. Over underlayment install indicated tile using adhesive recom- mended by manufacturer. When installing new floor covering, shoe mold shall be replaced with new shoe mold, finished with 2 coats of paint or varnish as desig- nated by owner. Tile shall be as manufactured by "Armstrong" or equal. Vinyl Asbestos (1/16' thick. Armstrong "Excelon" or equal. Vinyl Corlon (.050 gauge) Armstrong "Cambray" or equal. 3.10 Floor Covering - Sheet Vinyl Install underlayment grade hardboard (I~,, thick). Over underlayment install indlcated sheet vinyl laid in strict compliance with manufacturer's specifications. When installing new floor covering, all shoe mold shall be removed and replaced with new mold finish with 2 coats of paint or varnish as designated by owner. Vinyl covering shall be (.090" gauge) Armstrong "Sabril", "merrina", "Shenandoah"w "Corrle Marble" or equal. 3.11 Floor Covering - Carpet PA~E~,~.~,.Wall-to-wall~,~j. carpet,ng and cush,onlng shall be Installed In -25- accordance with the "Handbook for Carpet Layars"~ published by the Carpet Institute, Inc. Install carpet over a suitable underlayment In accordance with one of the following; a. A finish floor as provlded and described in 3.6 and 3.7; b. A troweled concrete floor; Co Plywood sub-floor, top ply of plywood shall be at least "C plugged'* grade; Plywood, hardboard or partlcleboard underlayment over the other sub-floor. 3.12 Base and Shoe Moldinq The following are standard, acceptable moldings. 3.12.a. Ranch Style Base Molding 3.12.b. Vinyl Base Molding 3.12.c. Shoe Molding 3.12.d. Square Cut Base Molding 3.12.e. Standard to Match Existing 4. WALL FINISH 4.1 Wall Finish - Plaster Drywall Rake cracks clean, remove loose plaster or drywall and fill with patching piaster. New repair shall be struck level with surrounding surface and finished to match existing walls. 4.2 Wall Finish - Drywall Sheetrock shall be taped, bedded and sanded smooth. Sheetrock shall be butted to existing square cut base board. Any existing base board, window or door trim not adaptable to butting of sheetrock, shall be reduced to square cut, removed or reinstalled, or replaced with new over sheetrock. Latex base paint to be added to texture coat. When Installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows using metal corner bead. All openings without doors shall be finished with metal corner bead. (Latex base paint shall be added to texture coat). 4.3 Wall Finish - Dry Wall Over Furring Strips 4.3.a. Walls shall be ~" sheetrock, taped, bedded, and sanded, Installed over 1' X 2'* furring strips 16" on center. Sheetrock shall be butted to existing square cut base board, any exlstlng base board, window or door trim to square cut, removed and reinstalled or re- placed with new trim over sheetrock. Latex base paint to be added to texture coat. 4.3.b. When Installing new sheetrock in conjunction with new windows, trim shall be eliminated and sheetrock returned to windows metal corner beads. 4.3.c. All openings without doors shall be finished -26- with metal corner bead. Water resistant gypsum board used in wet area of bath. 4.4 Wall Finish - Paneling Paneling shall be of the quality called for on Btd Speclfl- cations or equal. Installation shall Include matching Inside corner trim, outslde corner trim, window and door trim, cove molding, and base trlm. When Installing In conjunction with new windows, paneling shall return to wlndows and marble or tile sills. Method of Installation shall adhere to manufacturer's recommendation. 4.5 Wall Finish - Ceramic Tile-Thick Bed Remove exlstlng material on Indicated walls and replace with ceramic tile using thlck-~ed method oveP wire lath. Trim edges with bullnose tile. All tile shall equal or exceed the Standard Grade requirements of U.S. De- partment of' Commerce Simplified Recommendation R-61 and Federal Specification SST-308b. Wall tile shall be standard grade 4" X 4" X ~i". 4.6 Wall Finish - Ceramic Tile - Thln Set Apply Ceramic Tile on new drywall or exlstlng drywall, remove exlsting material on indicated walls and replace with Ceramic Tile using thin-set method on drywall. Trim edges with bullnose tile. Wall tile shall equal or exceed Standard Grade Requirements of U.S. Department of Commerce. Wall tile shall be Standard Grade 4" X 4" × ~". 4.7 Ceramic Fixture Set Set shall Include paper holder, toothbrush holder, two (2) towel barst soap dish, and grab bar. All fixtures to be framed with Ceramic Tile. 4.8 Tile Board Preflnish wall panels 5/32" hard board with plastic enamel finish and all necessary chromlzed aluminum, non-oxldizing, tarnish resistant trim. Apply to all according to manufacturing specification. Apply to a smooth, clean surface. 5. CEILING FINISH 5.1 C~el!ing Finish - Drywall 5.1 .a. Ceiling shall be ~" sheetrock taped, bedded and sanded. Latex paint shall be added to texture coat and ceiling textured 2 coats. Drywall shall be applied directly to existing calling. 5.1.b. ~" cove molding shall be used only when cell- lng butts to wood or paneled walls. 5.2 Ceiling Finish - Drywall Over Furrin~ Strips 5.2.a. Ceiling shall be ~t" sheetrock, tapedt bedded and sanded. Latex paint shall be added to testure coat and ceiling testured 2 coats. Installed over 1" X 3" furring strips, 1;)" on center. 5.2.b. 3/4" to 11~'' cove moldlng shall be used only when ceiling butts to wood or paneled walls. -27- 5.3 Drop Celllng - Dry. wall 5.3.a. Ceiling shall be ~" sheetrock, taped, bedded and sanded. Latex paint shall be added to texture coat and ceiltng textured 2 coats. New celllng shall be Installed over new 2" X 4" celllng joist spaced 16" on center. New ceiling Joists shall be fastened to existing celling Joists to prevent sagging. 5.3.b. 3/4" to lt4" cove molding shall be used only when ceiling butts to wood or paneled walls. 5.4 Ceiling Finish -Tlle Install 1" X 3" furring strips, 12" on center, on ceilings Indicated. Over furring strlps~ install 12" X 12" X ¥~ acoustical ceiling tile. Tile shah be of the Interlocking type; pattern and color as selected by the owner. Perimeter of celllng shall be furnished with manufactures recommended ceiling molding. 5.5 ,Ceiling Finish - Repair The repaired area shall conform to rest of ceiling and be finished In a good workmanshlp-like manner. 5.$ Scuttle Holes Shall be Installed in area Indicated on Bid Specifications (slze 22" X 36") and trimmed to conform to ceiling sur- faces. DOORS 6.1 Doors - General Specifications 6.1 .a. When Installing or repairing doors, contractor shall repair any surrounding areas affected by thls work. The repair work shall be finished so as to conform to the surrounding surfaces. 6.1 .b. All doors specified as new shall be completed wlth new hardware and new lock In the Beverly style series or equal. After trimming and fitting of door, all edges sl~JII receive same finlsh as sides of door. Thresholds are to be Included at exterior doors only. 6.1.c. Interior doors shall be I 3/8" flush, hollow core, Lauan or Beech, finish as designated by owner. 6.1.d. Exterior doors flush solid, Fir or Beech, finish as designated by owner. 6.1.e. Exterior glazed door, half glass, shall be Varnish Grade, finish as deslgnated by owner. 6.1.f. Exterior doors with lights shall be flush, solid or panel Varnish Grade, finish as designated by owner. 6.1.g. Door bumpers shall be added where necessary. 6.2 Wood Screen Door Furnish and Install new screen door at Indicated location. Screen door shall be wood, 2 pane, I 1/8", complete with aluminum screen wire, closer, latch and ;~ coats of palnt or varnlsh (ownerts choice). -28- 6.3 Aluminum Screen Door Furnish and Install new screen door at indicated location. Screen door shall be 1" all-aluminum, prehung, with metal Jamb, lock and closer. Model M-325 "Featherllte" as manufactured by Featherllte Co., or · ual In uaUt . 7. WINDOWS 7.1 Windows - General S_.peclflcations 7.1 .a. When Installing or repairing windows, contrac- tor sl~all repair any surrounding areas affected by this work. The repair work shall be finished so as to conform to the surrounding surfaces. 7.1 .b. When Installing a n'6w type window In an existing wooden frame~ all grooves, off sets and projections on the side and head jambs and sills shall be finished flush and smooth. 7.3 .C. These windows: aluminum awning, aluminum single hung, Jalousie, casement, when specified new, shall include new aluminum screens, per- manent weather stripping, positive locking devlce, nylon or stainless bushings and alu- minum glazing bead. The awning window shall have a torque-bar operator. All windows and frames shall be thoroughly caulked at time of Installation. 7.2 New Window Installation (Framlno) Window openings shall be framed to fit standard slze windows and new casings and trim applied to match existing surfaces. 7.3 Window - Wood - Now Sash New wooden sash shall be fitted to window opening so as to operate freely~ lock properly and be reasonably weathertlght. 7.4 Window Screen -Alumtnum Frame Replace existing screen frames with new aluminum frames and screens complete with new latch and hangers. All old hooks and latches to be removed and the holes filled. 7.5 Window Screen - Rescreen Rescreen Indicated window screens using 18 X 14 mesh aluminum screen wire. Replace screen molding with new matchinq molding and r.eplace all damaged or mlssinq hooks and hancjers. 8. EXTERIOR SIDING 8.1 Exterior Siding - Replacln_q Replace damaged sldlng as described. New siding shall blend and conform with surrounding area. Adjacent end Joints shall be staggered a distance of at least 2 studs. 8.2 Exterlor sldlng - Novelty Cover Indicated sections of structure with new wood novelty sldlng. All Joints shall be tight, and adjacent 010 pA(~E~)'7.~',,~ end Joints shall be staggered. $1dlng shall blend and conform with exlsting structure. -29- 8.3 Exterlor ~.,Idlng - /~sbestos Cover Indicated sectlons of structure with new asbestos shingles. Shingles shall be as manufactured by Johns Mainvllle, "Ranch Grain Texture" 12" X 24" or equal. Shlngles shall be applied over vapor barrier material as recommended by manufacturer. Window and door casings shall be square cut. 8.4 Extarior Siding - Alum;r~um Cover indicated area of structure wlth .019" or .024" alumlnum siding, quality is to be stipulated on Bid Speclflcatlon. Siding shall be Installed over a vapor barrier or reflective type Insulation as recommended by manufacturer. Installatlon shpll Include window J. channel, door channel, Inside and outside corners, starter strip, and finish mold. 8.5 Trlm for Aluminum Cover all window, door trim and sills wlth baked enamel, cell stock (minimum .019"). 8.6 Soffit and Fascia-Aluminum Enclose all eaves Indicated. This shall be done by Installing baked enamel, aluminum, ventilated soffit material to underside of rafters. Enclosing of eaves shall Include installation of fascia board and application of baked enamel aluminum over same. Soffit material shall be not less than .019" thickness, baked enamel aluminum. 8.7 Soffit and Fascla-Framed Aluminum Build soffit roof overhang by Installing baked enamel, aluminum, soffit materlai over woodem soffit framing. Aluminum soffit material shall be either ventilated, ribbed, or V-groove~ as selected by owner. Aluminum for soffit shall be minimum thickness of .019" molding and trim shall be baked enamel alumlnum. A fascia board shall be Installed on rafter ends and covered with baked enamel aluminum with minimum thickness of .019". Soffit shall be constructed 90 degrees to wail, paralleled to ground, and soffit supporting "look out" members shall be maximum 24" center to center. 8.8 Gutter downspouts - Aluminum Baked Enamel or Galvanized 8.8.a. 8.8.b. Aluminum shall be installed over exlstlng fascia or backstop with hangers recommended by manufacturer~ Downspouts shall be placed over concrete splash box. Galvanized Installation shall be same as above. 010 8.9 Exterlor Siding - Stucco Cover designated sections of structure with cement stucco finish. If stucco is to be applied over frame construction~ a waterproof building paper or asphalt saturated felt must first be applied to siding. Over felt, nail metal reinforcement. Over reinforcement, apply one 3/8" brown coat, and one ¥' finish coat. 8.9.a. If stucco Is to be applied over prime block walls, a slngle ~" finish coat shall be used. -30- 8.9.b. Block walls with any exlstlng paint, surface coating, 'or finish that would hinder proper adhesion, shall be sandblasted. Clean before appllcatlon. 8.10 Spray Crete To be a clean prepared surface with a masonry bonding, if needed. Two coat machlne application is to be troweled In. Second coat is to have marble glitter per owner's choice. 9. ROOFING 9.1 Roofing - General Speclflcations 9.1.a. All roofing shall be .~pplied in conformance with the Southern Standard Building Code. 9.1 .b. 9.1.c. All valleys, flashings, and cave drlp shall be replaced with new material. All verge rafters shall have metal edges F.H.A. type. All vents projecting through the roof shall have lead or' metal flashing. All d&maged or rotted sheathing boards shall be replaced wlth new. End joints shall be made over a rafter. 9.1 .d. No new roof will be Installed over any old roofing. Sheathing supporting verge rafters shall extend back onto the roof at least 4 feet. 9.1 .e, 9.1 .f Roofing nails shall not penetrate through roof sheathing at any open or visible spot. When new roofing Is installed, sagging portions of roof shall be braced with mlnlmum 2" X 4" lumber from roof rafters to nearest bearing wall. Purlins or sole plates shall be used when necessary. 9.1 .g. When a new roof Is Installed In conjunction with aluminum fascia, eaves drip, gravel stops and flashing shall be matching aluminum. 9.2 Roofing - Selvedged Edge Remove existing roof, repalr all damaged sheathing and rafters. Install new flashing and eave drlp and a 30 pound asphalt saturated felt. Over' felt, apply Barrett SIS, or GAF Double Coverage, or equal. 9.3 Roofing - Built-Up (Tar and Gravel~) Remove exlstlng roof, repair sheathing and rafters. Install new flashing and gravel stop and apply 4 ply, hot mopped. Built-up roof with gravel. All new built-up roofs shall carry a 15 year warranty. 9.4 Roofing - Metal Remove existing roof, repalr sheathing and rafters. Install metal startlng strip on verge rafters and roof indicated sections with 5-V-Crimp metal roofing and F.H.A. type metal drlp edge. 9.5 .Roofing - Strip Shlngles (Asphalt) Remove existing roof, repair sheathing and rafters and apply one layer of 30 pound asphalt felt. Over felt, Install 240 pound self-sealing, strip shingles with mini- mum 4 nails to each Individual strip. -31- 9.6 Roofing - Mineral Surfac~ Remove existing roof~ repair sheeting and rafters[ Install new flashlng and eaves drip and apply over 30 pound feltt hot mopped 90 pound mineral surface~ nail per Southern Building Code 706.4. Ail new mineral roofs shall carry a 10 year warranty. 9.7 Eaves- Repair Remove deteriorated section of eaves as lndlcated and replace with new section of #2 Southern Yellow Plnet to match existing. 9.8 Soffit- Eaves Enclose all eaves of house-accessory building~ including gable ends. This shall be done by applying 3/8" ex- terior plywood to underside of rafters. Enclosing of eaves shall include Installations of fascia board. Soffit vent shall be 18 X 14 mesht aluminum wire. 9.9 Soffit- Framed Build soffit under roof underha.ng by Installing 3/8" exterior plywood from end of rafter to wall of structure. Soffit shall be constructed at 90 degree to wallt parallel to ground and shall not be attached to bottom of rafters. Maximum spacing for soffit supporting "look out" mem- bers shall be 24" center to center. Soffit shall be finished at wall with molding strip and at end of rafter with a fascia board. Screen wire for vent shall be aluminum 18 × 14 mesh. 10. CABINETS 10.1 Cabinets - Vanity Lavatory, base cabinet shall be clad with mica plastic (1/32" minimum thickness) on sldes~ frontt door, and drawers. Top shall be approximately 22" wide with 3" back splasht formica "curv-a-top" or plywood covered with mica plastic (minimum .050" thickness). Imitation molded marble tops may be used as substitute. 10.2 Cabinets - Medlclne Shall be standard slze~ recessed~ with minimum three (3) shelves and mirrors, unless otherwise specified on Bid Specifications. When light fixture Is Includedt fixture shall Include separate switch and convenience outlet. 10.3 Cablnets - Kitchen Base Base cabinet shall be plastic clad (minimum 1/32" thick- ness) with appropriate doors and drawers. Top of cabinet shall be approximately 25" wide with a 4" back splash Formica "curv-a-top" (.052" minimum thickness) or equal. 10.4 Cabinets - Kitchen Uppe~ Upper kitchen cabinets shall be clad with plastic such as Formica V-32 (1/32" minimum thickness) or equal. All doors shall be trimmed with plastic~ and painted Inside. 10.5 Counter Top ~0~ 0~ PJ,~i~?8 Shall be approximately 25" wide with 4" backsplash. Formica Curv-A-Top (.052" minimum thickness) or equal. -32- 10.6 Closets Build a clothes closet in the Indlcated room by lnstalli'ng 2" X 4" studs, 24" on center, from flooring to ceiling. Inside dlmenslons to be 2~-0'' by specified length. Closet shall be finished Inside and out with it" sheetrock, base board, flush or bi-fold doors and trlm out, clothes shelf and rod. 11. ELECTRICAL All alectrlcal work shell be In conformance with the Netlonal Electrical Code. 12. APPLIANCES - 12.1 12.2 12.3 12.4 DO NOT BID ON PURCHASE OF APPLIANCES ;o Electric Ranges shall be Installed and tested for proper operation. Gas Ranges shall be connected to gas 'supply and tested for proper operation. Duplex Receptable shall be Included with range when needed for range accessories. Ran~Te Hoods shall match range qualit~. Refrigerator shall be Installed In level position with duplex receptable no more than one (1) foot from unit. 13. HEATING 13.1 Fuel Oil Indicated model shall be Installed and tested for proper operation. All existing fuels, draft controls, thimbles, fuel lines, and stacks shall be replaced with new or pro- vldcd ncw, when needed. Where exlstln0 fuel oll stand and tank are in good operable condltlons, they may be used, otherwise provide and Install new 100 gallon tanks and stand. Duplex receptacle shall be Included with blower models. 13.2 Gas Indicated model shall be Installed In area designated and tested for proper operation. No unrented gas heaters shall be acceptable. 13.3 Electric Indicated model shall be Installed In area designated and tested for proper operation. Individual heaters shall be on separate circuits. 14. REPAIR (MECHANICAL EQUIPMENT) All equipment such as ranges, refrigerators, range hoods, all heaUng equipment, etc. t shall be repaired and tested to assure safety of operation and maximum durability. 15. PLUMBING Plumbing contractor shall verify adequacy of existing plumb- ing before submitting his bid to General Contractor. If exist- ing plumbing Is Inadequate, plumbing contractor shall notify chief inspector before submitting bldo Once contract is let, plumbing contractor will be responsible for the passing of all plumbing by the Plumblng Inspector. ~'/7.(~11 tubs, sinks, lavatories, water heaters and/or water clos- OiO PACE,-,~I~ts, when provided new, shall be Installed complete from the nearest fitting below floor level with ~t" copper, all new -33- chrome trim and fittings to Include: faucets, traps, supply and return pipes, stops, dlverter value, lead and brass stubs, water closet in and out parts. When a shower head and supply lines are called for~ they shall be accompanied by separate shut offs and (where necessary) shower rod. 15.2 Electric Water Heaters Electric water heaters shall be Installed complete with separate electrlc circuit. 1.5.3 Gas Water Heaters 15.4 18. Gas water heaters shall be Installed complete with gas lines and properly vented. Water Lines~ Waste Lines and Vents'~- Water lines, waste Ilnes and vents shall be of material ap- proved by the appllcable Plumbing Code. NEW ADDITIONS 17. When new additions are speclfled~ all materials and workman- ship shall comply with applicable codes 'and requirements. DEMOLISH AND REMOVE FROM PREMISES~ HAUL AWAY DEBRIS All Items listed under this specllqcatlon shall be removed from premises before calling for final Inspection. Remalnlng areas shall be left clean. 17.1 Clean Up Contractor shall protect all work during construc- tion and repair or replace all damaged portions. 17.2 Clean All Metal Exposed finished surfaces, etc.~ leaving building in first class condition. Remove all rubbish and surplus materlal from property. 18. PEST EXTERMINATOR 18.1 18.2 Pest Exterminator - General Specifications When termite treatment is specified, all structures on property are to be treated. The "treatment" shall be that treatment recommended by a bonded, licensed, exterminator to rid the structures of any and all types of termites and shall carry a minimum guarantee of one year. Chemicals 19. The chemicals used shall be those that will cause the least inconvenience to the property owner (moving of foam rubber articles, plant, etc.). 18.3 Damages Any damage to the structure, Interior or exterior, or to the property (plants, etc.) caused by termite treatment shall be repelled or replaced by the con- tractor. PAINTING 19.1 010 P cE280 No Interior or exterior painting Is to be done with- out a painting Inspection and written approval to proceed. -34- 19.2 19.:3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 The first paint Inspection is to be made after sur- face preparation and prior to application of second coat. The thlrd Inspection is to be made after appllcatlon of final coat. Any painting over 'dirt, loose, scaling or peeling paint will be rejected. All joints in trim sldlng and frames shall be caulked by gun method before appllcaUon of paint. Prepare surfaces by scraping loose palnt, paint up all cracks and holes and sand smooth both exterlor and Interior surfaces. Paint color shall be selected by the owner only. -; All surfaces to receive paint, number of coats and special applications are Indicated. All surfaces Including floors, walls, ce/lings, trim, doors and windows shall be cleaned and excessive paint moved from same upon completion of painting. Reasonable care shall be exercised in moving lad- ders and scaffolding about dwelling to avoid damage to shrubbery and premises. The painting out of a room shall Include all walls, ceilings, base trim, windows, window and door trim, Interior and exterior of all closets and kitchen cablnets and both sides and edges of doors. All newly Installed wooden soffit shall receive one coat of primer or undercoater and two coats of exterloe oll base semlgloss paint. All palnt Is to be removed from both sides of wln- dow and door glass by Palntlng Contractor. All paint shall be delivered to the Job site in un- opened containers. All painting products shall be applied In strict accordance with manufacturer's specifications. All paTntlng products shall be standard, nationally known brands, or "best grade", first line quality with labels on the containers. 19.13 All stained and porous surfaces shall be sealed before painting. 19.14 All foreign material such as nails, hooks, fasteners, etc. shall be removed, filled and sanded smooth before painting. 19.15 All new and repair work in area will be painted or refinished to match existing. If match Is not pos- slble, the complete area shall be painted. 20. WORK WRITE-UP A separate work write-up will accompany each rehabilitation job. Any Items differing from the specification shall be written clearly. The work write-up will take precedence over the standard specifications. SECTION TWELVE: CDBG PROJECT AREA STANDARD HOUSING CODE INTRODUCTION The purpose of thls Code is to provide the basic minimum housing stan- -35- dards deemed essential for safe and healthful Ilvlng. The Code pro- vides the minimum requirements necessary to maintain any residential occupancy in e safe and sanitary condltion. This mlnimum Housing Code relates principally to the use, occupancy and maintenance of existing residentlal buildings and shall not be construed es being a building construction code. This Code contains certain termlnologles or references, such as "prop- erly installed", "properly connected"w "properly constructed" and other ~imilar [erm;notu~Ijies. It ls ir~tefldeti that 1.hese rei'ere~Ces relate to the Standard Building, Plumbtngw Gas, Mechanlcal and other Codas pub- lished by the Southern Buildlng Code Congress International or any other Codes officially adopted and admlnistered by the governing body adopting this Code. Utlllzed In conjunction with the other Standard Codes, a community or Jurisdiction can be reasonably assured that th~-'aafety, health and wel- fare of its people are being provided for when the requlrements as delineated in these documents are met. CHAPTER I - ADMINISTRATION Section 101 Title and Scope 102 Organization 103 Powers and Duties of Building Official 104 Inspections 105 Hardships 106 Housing Board of Adjustments and Appeals 107 Appeals 108 Violations and Penalties 109 Validity CHAPTER II - DEFINITIONS Section 201 Deflnltlons CHAPTER III - MINIMUM STANDARDS FOR BASE EQUIPMENT AND FACILITIES Section 301 General 302 Minimum Requirements for Light ~nd Ventilation 303 Mlnlmum Requirements for Electrical Systems 304 General Requirements for the Exterior and Interlor of Structures 305 Minimum Dwelling Space Requirements 306 Sanitary Requirements 307 Rooming Houses , 308 Deslgnatlon of Unlt Dwelllngs and ILegal Procedure of Condemnation I -36- CHAPTER I - ADMINISTRATION SECTION 101 - TITLE AND SCOPE 101.1 - TITLE The provisions embraced within the following chapters and sections shall constitute and be kno~vn and may be cited a~ "The Standard Housing Code", hereinafter referred to as "this Code". 101.?. - CODE RE~,~EDIAL This Code is hereby declared to be remedial, and shall be construed to secure the beneficial Interests and purposes thereof - which are public safety, health, and general welfare - through structural strength, stability, sanltation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal~ demolltlon, use and occupancy of dwelllngs, apartment houses, rooming houses or building, structures or premises used as such. 101.3 - SCOPE Every building used In whole or in part as a dwelling unit or as two or more dwelling units, or as rooming or boarding houses,' shall conform to the requirements of this code Irrespective of the primary use of such building, and Irrespective of when such building may have been con- structed, altered or repaired. This Code establishes minimum standards for occupancy, and does not replace or modify standards otherwlse established for construction, replacement or repair of buildings except such as are contrary to the provisions of this code. 101.4 - EXISTING BUILDINGS The provlslons of this Code shall apply to any dwelling, apartment, apartment house or rooming house Irrespective of when said building was constructed, altered, or repalred. (a) If, within any period of twelve months, alterations or repalrs costing In excess of fifty percent of the then physical value of the building are made to an extstlng bulldlng, such build- lng shall be made to conform to the requirements of tl~e Bulldlng Code of the County for new buildings. (b) If an existing building is damaged by fire or otherwise In excess of fifty percent of Its then physical value before such damage Is repaired, It shall be made to con~'orm to the require- ments of the Building Code of Collier County for new build- ings. (c) If the cost of such alterations or repalrs within any twelve- month period or the amount of such damage as referred to in paragraph (b) is more than twenty-five but not more than fifty percent of the then physical value of the building, the portions to be altered or repaired shall be made to conform to the requirements of the Bulldlng Code of Collier County for new buildings to such extent as the Housing Offlclal may determine. (d) Repairs and alterations, not covered by the preceding para- graphs of this section, restoring a building to its condition previous to damage or deterloratlon, or altering It in conform- Ity wlth the provisions of the Building Code of Collier County or in such manner as will not extend or increase an existing non-conformity or hazard, may be made with the same kind of materials as those of which the buildlng is constructed. (e) For the purpose of this section, the "Physical Value" of a -37- building or structure, es hereinafter defined, shall be deter- mined by the Housing ofrlclal. 101.5 - MAINTENANCE All buildings or structures, both existing and new, end all parts there- of, shall be maintalned in a safe and sanitary condition. All devices or safeguards whlch 'are required by this Code in a buildlng when erected, altered, or repalred, shall be malntalned in good working order. The owner, or his designated agent, shall be responsible for the malnte- hence of buildings, structures and premlsc= to the extent set mit in thls Code. The tenant shall be responsible for the maintenance of buildings, structures and premises to the extent set out In this Code. SECTION 102 - ORGANIZATION 102.1 - ENFORCEMENT OFFICER There Is hereby established by the Board of County Commissioners provisions for the enforcement of this Code by the Housing Official. 102.2- RESTRICTIONS ON EMPLOYEES No officer or employee connected with the Community development Block Grant Program Office (CDBGPO) except one whose only connection Is as a member of the Citizen's Advisory Commlttee shall be financially Inter- ested In the furnishing of labor, materlal, or appliances for the con- struction, alteration, or maintenance of a building, or In the making of plans or of specifications therefor, unless he ls the owner of such building. No such officer or employee shall engage in any work which is Inconsistent with his duties or with the Interests of the County. 102.3- RECORDS The CDBGPO shall keep, or cause to be kept, a record of the business of the office. The records of the office shall be open to publlc Inspec- tion. SECTION 103 - POWERS AND DUTIES OF HOUSING OFFICIAL 103.1 - RIGHT OF ENTRY The Housing Official shall enforce the provisions of this Code, and he, or his duly authorized representative upon presentation of proper identification, Including search warrant if necessary, to the owner, agent, or tenant in charge of such property, may enter any building, structure, dwelling, apartment, apartment house, or premises, during all reasonable hours, except In cases of emergency where extreme hazards are known to exist which may involve the potentlal loss of life or severe property damage In which case the above Ilmltatlons shall not apply. 103.2 ' UNSAFE BUILDINGS, DWELLINGS, APARTMENT HOUSES, AND ROOMING HOUSES All dwellings, apartment houses, rooming houses or buildings or struc- tures used as such which are unsafe, unsanitary, unfit for human habitation, or not provided wlth adequate egress; or which constitute a fire hazard, or are otherwlse dangerous to human life, or which In relation to existing use constitute a hazard to safety or health by reason of Inadequate malntenance, dilapidation, obsolescence, or aban- donment, are severally in contemplation of this section, unsafe build- Ings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolltlon in accordance with the following procedure: (a) Whenever the Housing Orflclal determines that there are reasonable grounds to believe that there has been a violation of any provision of this ordinance or of any rule or regula- 010 -38- tlon adopted pursuant thereto, he shall give notice of such alleged violation to the 'person or persons responsible therefor statlng that such alleged violation constitutes a nulsance. Such notice shall: (1) Be put In writing; (2) Include .a statement' of the reasons why it 'is being sued; (3) Allow 120 days time for the performance of any act it requires; (4) Said notice shall further state that, if such repairs, reconstruction, alterations, removal or demolition are not voluntarily completed wlthin the stated time as set forth in the notice, the Housing Off~tclal shall Institute legal proceedings chargrng the person or persons, firm, corporation, or agent with a violation of thls code. (b) Service of notice shall be as follows: (1) By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; Or (2) By depositing the notice In the United States Post Office addressed to the owner at his last known .~ddress with postage prepaid thereon; or (3) By posting and keeping posted for twenty-four (24) hours a copy of the notice in a conspicuous place on the premises to be repaired. 103.3 - REQUIREMENTS NOT COVERED BY CODE Any requirement, not specifically covered by this Code, found naces- sor7 for the safety, health, and general welfare of the occupants of any dwelling, shall be determined by the Hcuslng Official to be a re- quirement, subject to appeal to the Housing Board of Adjustments and Appeals. 104.4 - LIABILITY Any officer or employee, or member or the Housing Board of Adjust- ments and Appeals, charged with the enforcement of this Code, in the discharge of his duties, shall not thereby render himself liable person- ally, and he is hereby relieved from all personal Ilablllty for any damage that may accrue to persons or property as a resultxof any act required or permitted in the discharge of his duties. Any 'suit brought against any officer or employee because of this Code shall be defended by the County Attorney until the final termination or the proceedings. 103.5- REPORTS The Housing Official shall annually submit a report to the Planning Director covering the work of the department during the preceding year. He shall incorporate In said report a summary of the decisions of the Housing Board of Adjustments and Appeals during said year. SECTION 104 - INSPECTIONS The Housing Official shall make or cause to be made inspections to determine the condition of dwellings, dwelling units, rooming units, and premises in the Interest of safeguarding the health and safety of the occupants or dwellings and of the general public. For the purpose of making such inspections, the Housing Ol'ficial, or his agent, is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling, dwelling unit, or roomlng units, or the person in charge thereof shall give the Houslng Official free access to -3g- such dwelllngv dwelling unit od rooming unit and its premisesv at all reasonable times for the purpose of such inspectionv examlnatlon~ and su trey. SECTION 105 - HARDSHIPS The Houslng official may walve any or all provisions of this Code when~ In his professional judgment, such provision(s) would constitute an extreme hardship upon the owner or tenant of such building or struc- ture. Such exceptions shall be made in writing and shall become a permanent part of the owner's and/or tenant's file. Basis for such exceptions Include~ but are not limited to the following: la) Such exception is not likely to significantly affect the market- ability of such structure; ;. lb) lc) Id) Topography in the area of such structure prohibits or make Infeaslble the appllcatlon of a particular provision of the cod ·; The enforcement of the Code or provision thereof would violate a long standing general custom, principal or practice; Any other condition or situation which~ in the opinion of the Housing Officlal~ would constitute a reasonable justlflcatlon for exception to the Code or a provlston thereof. Where the literal application or the requirements of thls Code would appear to cause undue hardshlp on an owner or tenant or when it is claimed that the true intent and meaning of this Code or any of the regulations therein have been misconstrued or wrongly interpreted~ the owner of such building or structurev or his duly authorized agent, may appeal from the decision of the Housing Official to the Housing Board of Adjustments and Appeals~ as set forth In Sectl~n 107 - Appeals. SECTION 106 - HOUSING BOARD OF ADJUSTMENTS AND APPEALS 106.1 - APPOINTMENT la) The Board of County Commlssloners shall act as the Housing Board of Adjustment and Appeals for matters relating to en- forcement and administration of the Housing Code adopted for all CDBG project areas. lb) Officers of the Board shall be the same as the Officers of the Board of County Commissioners. j 106.2 - MEETINGS The Board shall meet within 30 d.~ys of receipt of an appeal at which meetings all appeals on file shall be considered and acted upon by the Board. Regular or special meetings may be called by the Chairman at any time. Reasonable notice of the placer time and date of such meet- ings shall be given all the members of the Board and all interested parties in each case to be heard by the Board. 106.3- RECORDS All mlnutes ot' the Board meetings shall be public records. 106.4- DUTIES The duties of the Housing Board of Adjustments and Appeals shall be: la) To consider and determine appeals whenever' It Is claimed that the true Intent and meaning of this Code or any of the regu- lations thereunder have been misconstrued or wrongly inter- preted. To permlt~ in appropriate cases where the application of the (b) glo 288 -40- requirement or this Codp In the allowance of the stated time for the performance of any action required hereunder would appear to cause undue hardship on an owner, a reasonable extension of time, provided, however, no such extension shall be granted for more than elght (8) months from the date of such notice. No appeal should be considered where an appeal case has been previ- ously decided involving the same premises. 106.5 - PROCEDURE The Housing Board of Adjustments and Appeals shall establlsh Its own rules of procedure for accomplishment of its duties and functions, provided that such rules shall not be In conflict with the provisions of this Code and the laws of the State. 106.6 - DECISIONS All decisions of the Housing Board of Adjustments and Appeals to vary the application of any provision of thls Code or to modify an order of the tlouslng Official shall specify In what manner such variance or modification Is made, the conditions upon which it is made, and the reasons therefore. Every decision shall be in writing and shall Indicate the vote upon the decision. A copy of all decislons Shall be promptly filed In the office of the Housing Official and shall be open to public inspection. The Clerk of the Court shall notify the appellant in writing of the final action of the Board. SECTION 107 - APPEALS Any person receiving written notice from the Housing Offlclal of de- ficiencies in his property under this Code may within fifteen (15) 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 state the variance or modi- fication requested, the reasons therefore, and the hardship or condi- tions upon which the appeal Is made. No appeal filed later than fifteen (15) days after the date of such notice shall be acted upon by the Housing Board of Adjustments and Appeals, unless the Housing Official shall consent thereto. SECTION 108 - VIOLATIONS AND PENALTIES Any person, firm, corporation or agent, who shall violate a provision of this Code, or fall to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, de~ollsh or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of this Code shall be guilty of a misdemeanor. Each such person shall be deemed guilty or a separate offense for each and every day or portion thereof during which any violation of any of the provisions of thls Code is committed, or continued and upon conviction of any such violation such person shall be punished within the limits and as provided by State Laws. SECTION 109 - VALIDITY If any section, sub-section, sentence, clause or phrase of this ordi- nance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code. -41 - CHAPTER,Il - DEFINITIONS SECTION 201 - DEFINITIONS 201.1 For the purpose of' this Code, 'certaln abbrevlatlons, terms, phrases, words, and thelr, derivatives, shall be construed as set' forth In this. Section. 201.2 Words used in the present tense Include the future. Words In the mas- culine gender Include the feminine and neuter. Words In the feminine and neuter gender Include the masculine. The singular number Includes the plural and the plural number Includes th&' singular. The following definitions shall apply in the interpretation and enforce- ment of this ordinance: ALTER OR ALTERATION means any change or modification in construc- tion or occupancy. APPLICABLE GOVERNING BODY shall mean a city, 'county, state, state agency or other political government subdivision or entity authorized to edmlnlster and enforce the provisions of this Code, as adopted or amended. APPROVED shall mean approved by the Housing Official or other author- ity having jurisdiction. BASEMENT shall mean a portion of a building located partly under- ground, but having less than one-half or more of its clear floor-to- ceiling height below the average grade of the adjolning ground. BUILDING shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels~ or property of any kind. The term "building" shall be construed as I? followed by the words "or part thereof". CELLAR shall mean a portion of a building located partly or' wholly undergrou.nd, having one-half or more of Its clear floor-to-ceiling height below the average grade of the adJolnlng ground. DWELLING shall mean any building which ls wholly or partly used or Intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant: Provided that temporary housing as hereinafter defined shall not be regarded as a dwelling, nor shall trailers be included as a dwelling. ~ DWELLING UNITS shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or Intended to be used for living, sleeping, cooking and eating whether or not such unit Is occupied or vacant. EXTERMINATION shall mean the control and extermination of Insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as thelr food; by poisoning, spraying, fumigating, trapping; or by any other recog- nized and legal pest elimination methods. FAMILY means one or more persons living together, whether related by blood, marriage or adoption, and having common housekeeping facilities. FLOOR AREA shall mean the total area of all habitable space In a build- ing or structure. GARBAGE shall mean the animal and vegetable waste resulting from the handling, preparation, cooklng~ and consumption of food. -42- BO~ HABITABLE ROOM shall mean a room or enclosed floor space used or Intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. HOUSING OFFICIAL shall mean the Community Development Block Grant Coordinator or his deslgnated representative, or other person'appointed by the County Admlnlstrator, and charged with the administration and/or enforcement of this ordinance or his duly authorized representa- tive. INFESTATION shall mean the presence within or around a dwelling, of any Insects, rodents, or other pests. MULTIPLE DWELLING shall mean any building, or portion thereof, which Is designed, built, rented~ leased, let or hij-ed out to be occupied, or which Is occupied as the home or residence of more than two (2) families llvlng Independently or each other and doing their own cooking in the said buildlng, and shall Include flats and aparl~ments. OPENABLE AREA (window) shall mean that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR shall mean any person who has charge, care or control or a building, or part thereof, in which dwelling unlts or rooming units are let. OWNER shall mean the holder of the title In fee simple and any person, group of persons~ company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who, a~one or jointly or severally with others: (a) shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, care or control of any dwelling or dwelling unit, as owner, executor~ executrix~ administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents~ lessee, or other person, firm, or corporatlon in control of · building~ or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of thls ordlnance~ and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notlfy the actual owner of the reported Infractions of these regulations pertaining to the property which apply to the owner. PERSON shall mean and Include any Individual, firm, corporation, association or parmershlp. PLUMBING shall mean the practice, materials, and fixtures used In the Installation, maintenance, extension, and alteration of all piping, fix- tufas, appliances, and appurtenances in connection with any of the followlng: Sanitary drainage or storm drainage facilities, the venting system and the public or private water-supply systems, within or adjacent to any building, structure, or' conveyance; also the practice and materials used in the lnstallation~ maintenance, extenslon~ or alter- ation of storm-watert liquld-waste~ or sewerage, and water-supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. PREMISES shall mean a lot, plot or parcel of land Including the build- Ings or structures thereon. PUBLIC AREAS as used In this Code, means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and frce of all encum- brances that might Interfere with its use by the Fire Department. -43- REPAIR means the replacement of existing work with the same kind of material used in the existing work, not Including additional work that would change the structural smrety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumb- lng, gas p|plng, wiring or heatlng installations, or that would be In vlolatlon of a provlslon of law or ordinance. The ,erin "Repair" or "Repairs" shall not apply to any change of construction. REQUIRED means requlred by some provlslon of this Code. RESIDENTIAL OCCUPANCY - Buildings in which families or households live or In which sleeping accommodations ere provided, and all dorml- torics, shall be classified as "Resldentlal Occupancy". Such buildings include, among others, the following: dwellings, multiple dwellings, and lodging houses. ;- ROOMING HOUSE shall mean any dwelling, or' that part of any dwelling containing one or more rooming units, In which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or' sister' or brother of the owner or operator. ROOMING UNIT shall mean any room or group of rooms forming a single habitable unit used or intended to be used for IIvlng and sleeping, but not for cooking or eating purposes. RUBBISH shall mean combustible and non-combustible waste materials, except garbage; and the term shall lnclude the residue from the burn- lng of wood, coal, coke, or other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather~ tree branches, yard trimmings, tln cans, metal, mineral matter, glass crockery, and dust. STAIRWAY means one or more flights of stalrs and the necessary land- Ings and platforms connecting them, to form a continuous and uninter- rupted passage from one story to another in a building or structure. STORY means that portion of ·bulldtng Included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building in- cluded between the upper surface of the topmost floor and the ceiling or roof above. STRUCTURE means that whlch is built or constructed, an edifice or bullding of any kind, or any piece of work artlflclally built up or composed of parts jolned together In some definite manner. The term "structure" shall be construed as If followed by the words "or' part thereof". J SUPPLIED shall mean paid for, furnished, or provided by or under control or, the owner or operator. TEMPORARY HOUSING shall mean any tent, trailer, or other structure used for human shelter which Is deslgnated to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thlrty (30) consecu- tive days. VENTILATION means the process of supplying and removlng air by natural or mechanical means to or from any space. YARD means an open unoccupied space on the same lot with a building extending along the entire length of a street, or rear, or interior lot line. MEANING OF CERTAIN WORDS. Whenever the words "dweHing"~ "dwell- ing units", "rooming house", "rooming units", "premises", are used in this ordinance, they shall be construed as though they were followed by thc words "or any part thereof". -44- MINIMUM ~TANDARDS FOR BASE EQUIPMENT AND FACILITIES SECTION 301 - GENERAL No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designated or Intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelllng bulldlng be permitted to exist which does not comply with the following requirements: 301.1 - SANITARY FACILITIES REQUIRED Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in gqod working condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly Installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. 301.2 - LOCATION OF SANITARY FACILITIES (a) All required plumbing fixtures shall be 'located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floor space of thirty (30) square feet, wlth no dimension less then four (4) feet. (bi Bathrooms shall be accessible from habitable rooms~ hallways, corridors or other protected or enclosed areas, not Including kitchens or other food preparation areas. 301.3 - HOT AND COLD WATER SUPPLY Every dwelIlng unlt shall have connected to the kitchen slnk, lavatory, and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribu- tion system connected to a potable water supply. 301.4 - WATER HEATING FACILITIES Every dwelling shall have water heating facilities which are properly Installed and malntained In a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every requlred kitchen sink, lavatory basin, bathtub or shower at a temperature of riot less than 120eF. Such water heating facilities shall be capable of meeting the require- ments of this sub-section when the dwelling or dwelling unit heating facilities required under the provisions of this ordinance are not in operation. 301.5 - HEATING FACILITIES (a) Every dwelling unit shall have heating facilities which ara properly Installed, are maintained In safe and good worklng conditions, and are capable of safely and adequately heating all habitable rooms~ and bathrooms in every dwelling unit located therein to a temperature of at least 70°F. at a distance three (3) feet above floor level, under ordinary minimum winter conditions. (bi Where a gas or electric central heating system is not pro- vided, each dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents whereby heating appltanccs may be connoctcd so as to furnish a mtnlmum temperature of 70°F. measured at a polnt three (3) feet above the floor during ordinary minlmum winter conditions. -45- 301.6 - COOKING AND HEATING,EQUIPMENT Ail cooking and heating equipment and facllltles shall be Installed In accordance with the building, gas or electrical code and shall be maln- rained in a safe and good working condition. 301.7 - GARBAGE DISPOSAL FACILITIES Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, type and location of which facilities or containers are approved by the applicable governing body. SECTION 302 - MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION No person shall occupy as owner-occupant oh.' let or sublet to another for occupancy any dwelling or dwelling unit designed or Intended to be used for the purpose of llvlng, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 302.1 Every habitable room shall have at least one window or skylight facFng directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be eight (8) percent of the floor area of such room. Whenever walls or other portions of struc- tures face a window of any such room and such light-obstruction struc- tures are located less than five (5) feet from the window and extend to a level above that of' the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be Included as contributing to the required minimum total window area. Whenever the only window In a room Is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room. 302.2 - HABITABLE ROOMS (a) Every habitable room shall have at least one window or sky- light which can be easily opened, or such other device as will adeqt]ately ventilate the room. The total of openable window area In every habitable room shall equal to at least forty-five (45) percent or the minimum window area size or minimum skylight-type window size, as required, or shall have other approved, equivalent ventilation. (b) Year round mechanically ventilating conditioned air systems may be substituted for windows~ as requlred hereTn, in rooms other than rooms used for sleeping purposes. Window type air-conditioning units are not Included in this exception. 302.3 - BATHROOM Every bathroom shall comply ~vlth the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventllated bathrooms equipped with an approved venti- lating system. 30;~.4 - ELECTRIC LIGHTS AND OUTLETS REQUIRED Every dwelling shall be wired for electric lights and convenience recep- tacles. Every habitable room of such dwelling shall contain at least two (g) separate floor or wall-type electric convenience outlets; and every kitchen, bathroom, bedroom, laundry room, furnace room, corridors or hallways~ and porches shall contain at least one supplied ceiling or wall-type electric light fixture~ or wall switch controlled convenlence outlet. Every such outlet and fixture shall be properly installed, shall be maintained In good and safe working condition, and shall be connec- ted to the source or electric power in a safe manner. 302.5 - LIGHT IN PUBLIC HALL'S AND STAIRWAYS Every public hall and stairway In avery multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an ade- quate lighting system which may be turned on when needed, Instead of full-time lighting. SECTION 303 - MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or Intended to be used for the purpose of living, sleeplng, cooking or eating therein, nor shall any vacant dwelling bulldlng be permitted to exist which does not comply with the following requirements: 303.1 - GENERAL All fixtures, receptacles, equipment and wiring shall be maintained In a state of good repair, safe, capable of being used and Installed and connected to the source of electric power In accordance with the adop- ted electrical code of the County. (a) Where the determination is made, upon examination of the existing electrical service supply, that such electrical service supply Is obsolete or Is being used in such manner as wouJd constitute a hazard to the occupants or would otherwise constitute a hazard to llfe and property, the following shall be used for determining the adequacy of such service supply and main disconnect switch: (b) Capacity of Maln Servlce Total Number of Lighting Supply and Main Disconnect Fixture & Convenience Outlets Switch 0-24 60 amp service 25-50 100 amp service The mrnlmum capacity of the servlce supply and the main dis- connect switch shall be sufficient to adequately carry the total load required In accordance with the electrical code of the County. SECTION 304 - GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or Intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 304.1 - FOUNDATION The building foundation walls, piers, or other structural elements shall be maintained In a safe manner and capable of supporting the load which normal use may cause to be placed thereon. 304.2 - EXTERIOR WALLS The exterior walls shall be substantially weathertight, watertlght and shall be made impervlous to the adverse effects of weather and be main- tained in sound condition and good repair. 304.3- ROOFS Roofs shall be maintained in a safe manner and have no defects whlch might admit raln or cause dampness in the walls or interior portion of the bu,,dlng. 010 -47- 304.4 - MEANS OF EGRESS Every dwelling unit shall have safe, unobstructed means of egress with minimum celllng height of seven (7) feet leading to a safe and open space at ground level. 304.5 - STAIRS, PORCHES AND APPURTENANCES Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. 304.6 - PROTECTIVE RAILINGS Protective railings shall be required on any unenclosed structure over five (5) feet from the ground level or on any ~teps containing four (4) risers or more. 304.7 - WINDOWS AND DOORS Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertlght, watertlght and rodent proof; and shall be kept In sound working condition and good rep.air. 304.8 - WINDOWS TO BE GLAZED Window panes or an approved substitute shall be maintained without cracks or holes. 304.9 - WINDOW SASH Window sash shall be properly fitted and weathertight within the window frame. 304.'~0 - WINDOWS TO BE OPENABLE Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in posltlon by window hardware. 304.11 - HARDWARE Every exterior door shall be provided with proper hardware and maln- tained in good condition. 304.1;) - DOOR FRAMES Every exterior door shall fit reasonably well within! its frame so as to substantially exclude rain and wind from entering the dwelling building. 304.13 - SCREENS Every door opening directly from a dwelling unit to outdoor space shall have screen doors with a self-closing device; and every window or other device with opening to outdoor space, used or Intended to be used for ventilation, shall likewise have screens. Dwelling buildings containing central heating furnaces and alr-condi- tioning equipment for mechanically ventilating the building year around are not required to have screen doors or screens on window openings. Window type alr-condltioning units are not Included in this exception. 304.14 - PROTECTIVE TREATMENT All exterior wood surface, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Garages, storage buildings and other accessory structures shall be maintained and kept in good repair and sound structural condition. -48- 304.16 ' INTERIOR FLOOR, WALL'S, AND CEILINGS Every floor, Interior wall and celllng shall be substantially rodent proof; shatl be kept in sound condition and good repalr; and shall be safe to use and capable of supporting the load whlch normal use may cause to be placed thereon. 304.17 - STRUCTURAL SUPPORTS . Every structural element, oi' lhe dwelling shall be maintained structuraJly sound and show no evldence of deterioration whlch would render them Incapable of carrying loads which normal use may cause to be placed thereon. 304.18 - PROTECTIVE RAILINGS FOR INTERIOR STAIRS Interlor stairs and stairwells more than four ~) risers high shall have handralls located In accordance wlth the requirements of the building code. Handrails or protective fallings shall be capable of bearing normally Imposed loads and be maintained in good condition. SECTION 305 - MINIMUM DWELLING SPACE REQUIREMENTS No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or Intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling buildlng be permltted to exist which does not comply with the following requirements: 305.1 - REq)UIRED SPACE IN DWELLING UNIT Every dwelling unlt shall contaln at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor area per additional occupant. 305.2 - REQUIRED SPACE IN SLEEPING ROOMS ~n every dwelling unit of two or more rooms, every room occupled for sleeping purposes by one occupant shall contain at least 64 square feet of floor spacer and every room occupied for sleeping purposes by more than one occupant shall contain at least 80 square feet of floor space for each occupant thereof. 305.3 - MINIMUM CEILING HEIGHT At least one-hair of the floor area of every habitable room, foyer, hall or corridor shall have a ceiling height of at least seven (7) feet; and the floor area or that part of any room where the ~eillng height is less than seven (7) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of deter- mlnlng the maxtmum permissible occupancy thereof. 305.4 - OCCUPANCY OF DWELLING UNIT BELOW GRADE No basement or cellar space shall be used as a habitable room or dwell- ing unit unless: (a) (b) (c) The floor and walls are Impervious to leakage of underground and surface runoff water and are Insulated against dampness; The total of window area in each room Is equal to at least the minimum window area size as required in Section 30:~.1 of this code; Such required minimum window area Is located entirely above the grade of the ground adjoining such window area; and The total of' openable window area In each room ls equal to at least the minimum as required under Section 302.2(a) of this coder except where there is supplied some other device af- 01~ J~ACE;~I~ng adequate ventilation. -49- ."1 1_-__-.I t ...... SECTION 306 - SANITATION REQUIREMENTS No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or Intended to be used for the purpose of Ilvlr, g, sleeplng, cooking or eating therein, nor shall any vacant dwelling bulldlng be permitted to exlst whlch does not comply wlth the following requirements: 306.1 - SANITATION Every owner of a dwelling containing two or more dwelling units shall be responsible for malntalning in a clean and sanitary condition the shared or common areas of the dwelling and premises thereof. 306.2 - CLEANLINESS Every occupant of a dwelling unit shall keep.in a clean and sanitary condttlon that part of the dwelllng~ dwelling d'nlt and permlses thereof which he occupies and controls or which is provided for his particular USe. 306.3 - GARBAGE DISPOSAL Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might, provide food fop rodents and all rubbish in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers. 306.4 - CARE OF PREMISES (a) (b) It shall be unlawful for the owner or occupant of a residential building, structure, or property to utilize the premises of such residential property for the open storage of any aban- doned motor vehlcle~ Ice box, refrigerator, stove, glass, building material~ bulldlng rubblsh or similar Items. It shall be the duty and responsibility of every such owner or occu- pant to keep the premises of such residential property clean and to remove from the premises all such abandoned Items as listed above, including but not limited to weeds~ dead trees, trash, garbage~ etc.~ upon notice from the Housing Official or other authorized County Official. For the purpose of this sectlon~ an abandoned motor vehicle is defined as one that Is In a state of disrepair and Incapable of being moved under Its own power~ or one for which there Is not displayed a current license plate and/or a current motor vehicle Inspection sticker. 306.5- EXTERMINATION Every occupant of a slngle dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any Insects, rodents, or other pests within the building or premises. 306.6 USE AND OPERATION OF SUPPLIED PLUMBING FIXTURES Every occupant of a dwelllng unit shall keep all plumblng fixtures therein In a clean and sanitary condition and shall be responslble for the exerclse of reasonable care in the proper use and operation thereof. SECTION 307 - ROOMING HOUSES No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any roomlng house~ except in compliance with the provisions of every section of this Code except the provisions of Section 301 and Section 306. 307.1 - LICENSE REQUIRED No person shall operate a rooming house unless he holds a valid -50- rooming house license. 307.2 - WATER CLOSET~ LAVATORY AND BATH FACILITIES (b) At least one flush water closet, lavatory basin~ and bathtub or shower, properly connected to · water'·nd, sewer system and in good working conditlon, shall be supplied, for each four (4) rooms wlthln &' rooming hot'se ~vherever said facilities are shared. All such facilities shall be located on the floor they serve wlthln the dwelling so as to be reasonably accesslb~e from · common hall or passageway to all persons sharing such ties. 307.3 - WATER HEATER REQUIRED Every lavatory basln and bathtub or shower shall be supplied with hot water at all times. 307.4 - MINIMUM FLOOR AREA FOR SLEEPING PURPOSES Every room occupied for sleeping purposes by one person shall contain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least forty-five (45) square feet of floor space for each occupant thereof. 307.5 - EXIT REQUIREMENT Every rooming unlt shall have safe~ unobstructed means of egress lead- lng to safe and open space at ground level, as required by the laws of the governed area or of the state. 307.6 - SANITARY CONDITIONS The operator of every rooming house shall be responsible for the sani- tary maintenance of all walls, floors, and cellings~ end for maintenance of · sanitary condition In every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupled by the operator. SECTION 308 - DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE OF CONDEMNATION The designation of dwellrngs or dwelling units as unfit for human habi- tation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried =ut in compliance with the following requirements: 308.1 - DANGEROUS STRUCTURES Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nulsance and shall be so designated and placarded by the Housing Official or other authorized County Official. (a) One which Is so damaged~ decayed, dllapldated, unsanitary, unsafe~ or vermin-Infested that it creates a serlous hazard to the health or safety of the occupants or the public. (b) One which lacks illumination, ventilation, or sanitation facill- ties adequate to protect the health or safety of the occupants or the public. 308.2 - OPPORTUNITY FOR OWNERS TO PERFORM WORK in all cases, notice and reasonable opportunlty shall be afforded the owners and other interested parties affected, to do the necessary work or take the necessary corrective measures beror'e the County shall proceed to have the same done. ia) (b) In the case of' unfit dwellings whlch are not lnhablted, the Housing official or hls designee shall offer the owner of said dwelling a sum not to exceed one-half the cost of demolition and site clearance or $250.00, whichever Is less, If the owner agrees voluntarlly to remove the structure. The Housing offlclal, upon submission by the owner of a true copy of a bill for such demolltlon and upon his 'satisfaction that such a bill Is legitlmate and that the work has, In fact, been com- pleted, shall process 'the request for reimbursement through normal County billing procedures. Funds for the reimburse- ment shall be paid from grant funds designated for demolition. In all cases in which the owner does not take advantage of ia) above, and before the Board of County Commissioners shall direct demolition of any dwelling, the owners and other Interested parties of such dweIIip, g and/or a land shall be given notice or a publlc hearing ~el'ore the Board of County Commlssloners. No assessment shall be levied unless the Board of County Commissioners at such hearing shall deter- mine that said building or structure in question was a build- ing or structure which had become dangerous to persons or property, or a menace to the health, safety morals or welfare of the people of the County, and that the owners and other Interested parties, after having been afforded a reasonable opportunity to do so, failed to do the necessary work or take the necessary corrective measures required pursuant to the terms of this ordinance and that the amount sought to be levied is a proper and correct amount. 308.3 - FORM OF NOTICE Whenever the Houslng Official or other designated County Official has declared a dwelling or multi-family dwelling as unfit for human habi- tation and constituting a nuisance, he shall glve notice to the owner of such declaratlon and placarding of the dwelling or multi-family dwelling as unfit for human habitation. Such notice shall: ia) Be In writing; (b) Include a description of the real estate sufficient for identifi- cation; (c) State the time occupants must vacate the dwelling unlts; id> Sald notice shall further state that, If such repairs, recon- struction, alterations, removal, or demolitlon are not volun- tarily completed within the stated time as set forth in the notice, the Housing Orficlal or other designated County Offi- cial shall Institute such legal proceeding~ charging the person or persons, firm, corporation, or agent with a violation of this Code. 308.4 - SERVICE OF NOTICE Service of notice to vacate shall be as follows: ia) By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or (b) (c) By depositing the notice in the United States Post Office addressed to the owner at his last known address with post- age prepaid thereon; or By posting and keeplng posted for twenty-four (24) hours a copy of the notlce in placard form in a conspicuous place on the premises to be vacated. 308.5 - VACATING OF DECLARED BUILDING Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Housing Official or other desig- nated County Offlclal, shall be ,vacated within thirty (30) days after notice of such condemnation has been given by the Housing Offlcla! or other designated County Official to the owner and/or occupant of the bulldlng. 308.6 - OCCUPANCY OF BUILDING No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habltatlon until approval is secured from and such placard is removed by the Housing Official or other designated County Official. The Hou-.lng Official or other designated County Official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. 308.7 - REMOVAL OF PLACARD OR NOTICE No person shall deface or remove the placard from any dwelling or dwelllng unit which has been condemned as unfit for human habltatlon and placarded as such, except as provided in Section 308.6. 308.8 - HEARINGS (b) (c) HEARING FOR PERSON AFFECTED. Any person affected by any notice wlhlch has been Issued In connection with the enforcement of any provision of Section Twelve Chapter Section 308 of thls ordinance, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of County Commls- sloners; provided, that such person shall file with the County Manager a written petttion requesting such hearing and setting forth a brief statement of the grounds therefor within fifteen (15) days after the day the notice has been served; and the filing of such petition shall suspend the effect of the notice until the appeal to the Board of County Commissioners has been decided. Upon receipt of such petition, the Board of County Commissioners shall give the petltloner written notice of such hearing. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than forty-five (45) days after the day on which the petition requesting the hearing was filed. DECISION OF COMMISSION. After such hearing, the Board of County Commissioners shall Issue Its order in writing sustatnlng, mldifylng or withdrawing the notice, depending upon its findings. FAILURE TO PETITION FOR HEARING. Any notice served pursuant to Section Twelve, Chapter I1~1, Section 308 shall automatically become an order of Collier County tf a written petition for a hearing is not filed In the office of the Housing official wlthln fifteen (15) days after such notice is served. 308.9 - PLACARDING; DEMOLITION; LIENS (a) If the owner falls to comply with an order of the Board of County Commissioners to repair, alter or improve or to vacate and close the dwelllng and the value of the dwelling Is more than the cost of repairs, then the Board of County Commls- sloners, upon notice to all Interested parties, may cause such repairs to be made and assess the cost thereof against the property on which any such work is done or procedure carried out, which assessment shall be payable at such time not to exceed ten (10) years, and shall bear interest at such rate, not to exceed ten per cent (10%) per annum, as the Board of County Commissioners may prescribe. (b) PLACARDING; If the owner fails to comply with an order to repair, alter, Improve or demolish the dwelling, the Housing official or his designee may cause to be posted on the maln entrance of any dwelling so ordered closed, a placard with 010 word,; -53- "Thls bulldlng is unfit for human habltatlon; the use or occupation of this building for human habitation is prohibited and unlawful". (c) DEMOLITION. If the owner falls to comply with an order to repair, alter or improve the dwelling and the value of the dwelling Is less than the cost of the repair, the Board of County Commissioners may authorize .the Housing offlclal .or. hls designee to demolish or remove either with County forces or by Independent contractor, submitting the lowest and best quote of three, any such dwelling or structure~ Including accessory buildings; provided, however, that such demolition or removal of the dwelling is not to be commenced by the Housing official or his designee until the fifteen (15) day hearing period, as set out In 308.8 above has expired, or in the event that persons so affected d~request the sald hearing, that such demolition or removal is not commenced until the Board of County Commissioners orders demolltlon or removal after said hearing. (d) ASSESSMENT 'OF COSTS AND LIENS BY BOARD OF COUNTY COMMISSIONERS. Upon expiration of the appeal perlod~ with no appeal having been taken~ or after hearing and order by the Board of County Commissioners of demolition or removal, the Housing official or bls designee, after proceedlng under 308.9 (a), (b) and (c), shall report the abatement of the nulsance by the County and the Board of County Commis- sioners shall assess the entire cost of such demolition, abate- ment or removal against the real property upon which such cost was incurred~ which assessment including rodent extermi- nation when employed, all admlnlstrative costs, postal expense, and the like when made constitutes a lien upon sald property. (e) PRIORITY OF AND ENFORCEMENT OF LIENS. Liens assessed and levied under the authority of this ordlnance shall be of equal dignity with County taxes except that the same shall take priority over any recorded or unrecorded lien or mort- gage but not over a recorded mechanic's lien or statutory lien existing at the time of such lien assessed hereunder. Such liens may be enforced and collected In the same manner pro- vided by law for the enforcement and collection fo County taxes~ or alternatively in the manner now or hereafter pro- vided by statute for the enforcement of a mechanic's lien. 308.10 - PENALTIES (a) Any of the following shall constitute a violation of the provl- slons of this ordinance: Failure by any owner or occupant to comply with the require- ments of a notice from the Housing official under this ordi- nance where no appeal Is taken to the Board of County Com- missioners or where the Board of County Commissioners appeal sustains the action of the Housing official or his de- signee and the party notified does not thereafter and wlthln ten (10) days, or such further time as ls provided in this ordinance, comply with the terms of the Board of County Commissioner's order. (b) Rentlng~ leasing or occupying a condemned or placarded building which has been vacated, or removing a placard from a building without authority. (c) To falsely assume or pretend to be the Housing offlclal or any of his duly designated representatives and who takes upon himself to act as such officer or representa- tive or to require any person to eld and assist him in a matter pertaining to the duties of any such officer or representative. -54- SECTION THIRTEEN: , PENALTIES Any person found guilty of vlolatlnc any of the provisions of this Ordinance shall, upon conviction thereof In a court of competent Jurisdiction, be punished by a fine not exceeding $500.00 or imprisonment for a term not exceedlng sixty (60) days or by both Such fine and Imprisonment. Each "day' on which any violation continues shall be deemed to constitute a separate and independent offense tinder th~ prnvl.~Ions of thl.~ Ordinance. SECTION FOURTEEN: PRIOR STANDARDS .; This Ordinance establishes minlmum standards for construc- tion, repalr condition, equipment, occupancy and other details as herein specified, and does not replace or.modify standards otherwise established for the construction, replacement or repair of buildings, except such as are in conflict with the provisions of this Ordinance. SECTION FIFTEEN: SEVERABILITY OF PROVISIONS If any word, phrase, clause, paragraph, subsection, section or other portion of the Ordinance shall be held to be invalid, unenforceable or unconstitutional by any court of compent Jurisdiction, sald holding or adjudication shall in nowise affect the remaining portion of the Ordinance. SECTION SIXTEEN: EFFECTIVE DATE This effective date of this Ordinance shall be upon acknowledge- ment from the Secretary of State that the Ordinance has been fully filed. PASSED AND DULY ADOPTED by the Board of County Comms- sioners of Collier County, Florida this 8t~h day of Sanu~r~ ,1980. ATTEST: BOARD OF COUI~ITY COMMISSIONERS WILLIAM J REAGAN,~O~ERK COLLIER COUNTY, FLORIDA ~,..".....'.~'~ .... ,;z. This ordinance filed wi~h the Secre=ary ~nd acknow[ed~emen~ o~ ~h~ E~[~n~ ~ece~ve~ Dep~7 Cle~ DOC/sgg/41-C&D Planning Department 11/28/79 Revised 12/27/79 0113 STATE OF FLORIDA COUNTY OF mLLIER I, ~/ILLIAH J. REAGAN,. Clerk of Courts in and £or the ~centteth Judicial Circuit, Collier County, Florida, do'hereby'-certi'f~/ that the foregoing is a true original of: ORDiNANC~ NO. 80- S which was adopted by the Board o£ County Co,missioners during Regular Session January 8, 1980. ~IT~;SS my hand and the official seal of the Board of County Com- missioners o£ Collier County, Florida, this 8th day of January, 1980. $,/'ILLIAI~I J. REAG~ Clerk ot~ Courts and Clerk Fa-officio to Board of County Co,missioners ~ 7~~-" ~,~...~,.. w~ ~,-~~.~i~,.,.,..~i.