Chapter 5.5 BEAUTIFICATION

Art. I. In General,  5.5-1–5.5-20
Art. II. Reserved,  5.5-21–5.5-40
Art. III.  Town Color Code,  5.5-41–5.5-60
Art. IV. Property Maintenance,  5.5-61–5.5-72Art. V.  Attractive Nuisance Condition, 5.5-86–5.5-90

ARTICLE I. IN GENERAL

Secs. 5.5-1–5.5-20. Reserved.

ARTICLE II. RESERVED

Secs. 5.5-21–5.5-40. Reserved.

ARTICLE III. TOWN COLOR CODE

Sec. 5.5-41. Standard.

The official town color code shall consist of a selection of approximately six hundred and four (604) color samples from the approximately one thousand and thirty seven (1.037) numbered color samples that are contained in the Sherwin‑Williams (Paint) Company’s Colors Sample Chart.  These six hundred and four (604) colors consist of the four lightest colors on each panel of the aforementioned color chart. Color samples, and the paint, from any other paint manufacturing company which match the above color samples may be used according to the regulations set forth herewith. The official town color code shall be kept at the Indialantic Town Hall. A duplicate copy shall be kept by the building official. (Ord. No. 87-15, 1, 8-18-87; Ord. No. 02-25, 1, 10-15-02)

Sec. 5.5-42. Applicability.

Only a color or colors selected from the official Indialantic Town Color Code shall be used to pigment or re‑pigment the exteriors of structures, including buildings and/or signs, located in zoning districts: “R‑P” Residential ‑ Professional; “C,” “C‑1,” and “C‑2” Commercial; “T” Tourist; “S‑C” Shopping Center; and “CH” Church. A town painting permit, to be issued without cost, shall be required before commencing to pigment or re‑pigment any structure within the designated zoning districts. (Ord. No. 87‑15, 2, 8‑18‑87)

Sec. 5.5‑43. Painting permit procedure.

Before pigmenting or re-pigmenting the exterior of a building or structure subject to this article, a painting permit must be obtained from the building official. To apply for a painting permit, the applicants shall bring two (2) copies of a color selection chart from any paint company of their choice. They may match any color they select on their color selection charts with a similar corresponding color on the Town’s Official Color Code at the Town Hall. The applicants shall attach the second copy of the color selection chart to the application for the painting permit. When the application is approved by the building official, a painting permit to paint the structure such color shall be issued without cost to the applicant. (Ord. No. 87-15, 3, 8-18-87)

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*Charter references–Structure of the town, 1.03; land use and development, 9.02.

Cross references–Beaches, boats, parks and recreation, Ch. 5; buildings and construction, Ch. 6; garbage, trash, weeds, Ch. 8; planning generally, Ch. 11; streets and sidewalks, Ch. 13; trees and shrubs, Ch. 16; zoning, Ch. 17; maintaining residential character of  town, 17-2(3)(b).

Sec. 5.5-44. Updating the official color code.

The town council shall, in its sole discretion from time to time, appoint an ad hoc committee with an uneven number of not less than five (5) nor more than nine (9) members to review currently available colors and thereby to revise the official color code. (Ord. No. 87‑15, 4, 8‑18‑87)

Sec. 5.5‑45. Penalties.

Any person who violates, or causes to be violated any provision of this article or permits any such violation or fails to comply with any of the requirements hereof shall be subject to the enforcement action of the Indialantic Code Enforcement Board pursuant to Florida Statutes Chapter 162. A separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues. (Ord. No. 87-15, 5, 8-18-87)

Sec. 5.5-46. Repealed
(Ord. No. 14-10, 1, 7-15-14)

Editor’s note-Ord. No. 14-10, adopted July 15, 2014, prohibiting murals, has been incorporated into Sec. 17-106

Sec. 5.5-47.  Interpretation; Appeals; and Variances.

(a)  All questions of interpretation relating to these color code regulations, as set forth in this article, shall be first presented to the town manager.  Interpretations of this article may include but shall not be limited to ascertaining the meaning of words, terms, and provisions in this article, or the application of standards set forth herein.

(1)  In interpreting this article, the town manager shall be guided first by the plain meaning of the word and terms in this code and second by the intent expressed herein, if any. The town manager shall make interpretations by interpreting the article as a whole and not by taking specific words or clauses in isolation.

(2)  Prior to making an interpretation of the provisions of the color code, the town manager may require the building official, town attorney, or town planner to provide assistance.  Interpretation of the provisions of this article shall be made in writing, shall state the code provision being interpreted, state the interpretation made, state the basis for the interpretation, and advise the recipient that appeals may be taken to the board of adjustment.  The time within which an appeal must be taken and the manner of filing an appeal shall also be included within the town manager’s letter of interpretation.

(3)  After the town manager interprets the code, copies of the interpretation shall be promptly distributed to the party seeking the interpretation, members of the town council, and the town clerk.  Upon receipt of the letter of interpretation, the town clerk, or the clerk’s designee, shall promptly log on the letter of interpretation the date that the letter of interpretation was filed in the clerk’s office.  This date is the date of rendition of the interpretation.  The town clerk shall keep an index of letters of interpretation indexed by code section.

(4)  The board of adjustment shall have the authority to hear and decide appeals from the decision of town manager where it is alleged that there is an error in any decision or determination made by the town manager in interpreting this article.

(b)   Hearings; appeals; notice.

(1)  Appeals to the board of adjustment may be taken by any person aggrieved by any decision of the town manager in the interpretation of any portion of this article.  A person aggrieved by an interpretation of the town manager is an individual who is affected in a manner differently than the community as a whole or greater in degree than the community as a whole.

(2)  Such appeal shall be taken within a reasonable time not to exceed thirty (30) days following the date of rendition of the interpretation by filing with the town manager and the secretary to the board of adjustment a notice of appeal.  The notice of appeal shall specify the section or subsection of this article involved, and the interpretation appealed from.  The notice of appeal shall also briefly state the grounds upon which the appeal is based.

(3)  The town manager shall within ten (10) days thereafter transmit to the secretary to the board of adjustment all papers constituting the record upon which the action appealed from was determined.  The secretary to the board of adjustment after receipt of the record shall fix a time for hearing of the appeal within thirty (30) days and give public notice thereof.

(4)  At the hearing, any person aggrieved may appear in person or by agent or attorney and be heard by the board of adjustment.

(5)  Decisions of the board of adjustment shall be made in writing which shall be filed with the town clerk.  The town clerk shall record on the written decision the date that decision was filed in the office of the town clerk.

8  Stay of proceeding.  An appeal stays all proceedings in furtherance of the action appealed from, unless the town manager certifies to the board of adjustment after the notice of appeal is filed, that by reason of facts stated in the notice of appeal, a stay would, in his opinion, cause imminent peril to life and property.  In such cases proceedings shall not be stayed other than by a restraining order which may be granted by the board of adjustment or by a court of record on application.

(d)  Variances.  Variances from any of the provisions of section 5.5-46 may be sought in the manner provided for seeking a variance provided in section 17-141 et seq., town code, and subject to the same substantive requirements set forth therein; provided, however, that the applicant for a variance must show an unnecessary hardship as opposed to a practical or unusual difficulty.

(Ord. No. 97-6, 2, 5-6-97)

5.5-48–5.5-60. Reserved.

ARTICLE IV. PROPERTY MAINTENANCE

Sec. 5.5-61. Definitions.

Building. Any structure constructed or used for residence, business, industry, or other public or private purposes or accessory thereto, and including tents, lunch wagons, dining cars, trailers, mobile homes, sheds, garages, accessory buildings, carports, animal kennels, and similar structures whether stationary or movable.

Deterioration. The condition of a building, structure, or sign, or any part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting, fading, or other evidence of physical decay or neglect, lack of maintenance or excessive use.

Exposed to public view. Any premises, or any part thereof, of any building or any part thereof, which may be lawfully viewed by the public.

Exterior of premises. Open space on the premises outside of any building thereon.

Garbage (see also trash, refuse). The solid or semi‑solid waste generated in the preparation and handling of food and ordinary household refuse.

Mixed occupancy. Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses or used as a hotel.

Operator. Any person who has charge, care or control of a dwelling or premises, or a part thereof, whether with or without the knowledge and consent of the owner.

Owner. Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof; or shall have charge, care or control of any dwelling unit, as owner or as executor, executrix, administrator, administratrix, trustee, receiv­er, or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co‑owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

Premises. A lot, plot or parcel of land including the buildings or structures thereon.

Refuse (see also garbage, trash). All decayable and non‑decayable solid waste, including but not limited to, garbage, trash, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

Screen. To conceal or separate. Screening may be accomplished pursuant to this article through the use of dense shrubbery or other vegetation.

Street.  Any public or private right-of-way set aside for public travel thirty (30) feet or more in width, including roads, avenues, boulevards, lanes, drives, thoroughfares and highways.

Structure. Anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences.

Trash (see also garbage, refuse). All debris and rubbish, and all materials generated as a result of individual ground maintenance and improvements, and all items other than garbage intended for disposal, but does not include autos, auto parts, or materials that accumulate as the result of building operations, building alterations, or clearing of lots. (Ord. No. 87-5,  1, 8-18-87; Ord. 11-12, 1, 8-16-10)

Sec. 5.5-62.  Applicability.

(a) Every residential, nonresidential, or mixed occupancy building or structure, and the land on which it is situated, and every parcel of real estate, whether improved or unimproved and all fences and walls, shall be subject to the provisions of this article. This article shall apply whether or not such building or structure was constructed, altered, or repaired before or after enactment of this article, and irrespective of any permits or licenses which were issued for the use or occupancy of the building or premises for the construction or repair of equipment or facilities prior to the effective date of this article.

(b) Compliance with this article shall be the responsibility of all owners of record, regardless of ownership interest, operators and occupants of real property of any premises within the town. (Ord. No. 87-5,  2, 8-18-87)

Sec. 5.5-63. General maintenance.

All buildings, structures, and signs, both existing and new, and all parts thereof, shall be maintained in good repair and in a safe and sanitary condition, free from deterioration. All items of construction and all appliances, devices, and safeguards which are required by this Code in a building or structure when erected, altered, or repaired shall be maintained in good repair and in working order, free from deterioration and graffiti. (Ord. No. 87-5,  3, 8-18-87; Ord. 10-16, 1, 10-16-10)

Sec. 5.5‑64. Paved and unpaved areas.

It shall be the responsibility of all persons included in section 5.5-61 above to maintain all paved and unpaved areas in a neat and clean condition, free of trash, debris, garbage, refuse, and litter. Paved areas shall be kept free of loose dirt. All paved and non-paved areas shall be maintained in good repair and free from deterioration. This shall include the standard acceptable practice for the removal of all ruts, pot‑holes, and broken pavement. Proper drainage shall be provided to prevent the recurrent and excessive accumulation of stormwater for more than a four-hour period after cessation of rainfall. (Ord. No. 87-5,  4, 8-18-87)

Cross references–Garbage, trash and weeds, Ch. 8; streets and sidewalks, Ch. 13.

Sec. 5.5-65. Trash container areas.

All dumpster, trash cans, and trash container areas shall be maintained in a manner which prevents the accumulation of trash, debris, garbage, refuse, and litter.

These areas shall be further maintained in a manner so as to provide maximum screening, on all sides exposed to the public view. The screening always shall also be maintained in good condition and free from deterioration. For all residential districts, trash container areas shall be to the rear of the front building line. (Ord. No. 87-5,  5, 8-18-87)

Cross reference–Location of residential receptacles; removal from right-of-way,  8-12.

Sec. 5.5-66. Parking areas.

All parking spaces shall be maintained in such a manner as to ensure proper drainage and to prevent the recurrent and exces­sive accumulation of stormwater beyond a four-hour period after cessation of rainfall. The spaces shall be marked, or otherwise defined by the placement of concrete wheel bumpers, and shall be kept in good repair. All parking areas shall be kept free of derelict vehicles (junk, abandoned, and/or illegally parked vehicles).

(Ord. No. 87-5,  6, 8-18-87)

Cross references–Flood damage prevention,  6-114 et seq.; traffic, Ch. 15; parking, stopping and standing,  15-17 et seq.; abandoned or junked vehicles or parts thereof,  15-32 et seq.; water management, Ch. 16.5.

Sec. 5.5-67. Building exteriors.

The exterior of every building and structure or accessory buildings and structures shall be maintained in good repair. The same shall be free from broken glass, loose shingles, crumbling stone or brick, free from faded colors, excessive chipped or peeling paint, broken stucco, other damaged building materials, and free from any other condition reflective of deterioration.

The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property.

A building’s exterior paint shall be considered “faded” if any of the following occur:

(1)        The paint becomes discolored to the extent that the original color is lost or no longer readily identifiable; or

(2)      The discoloration occurs in an uneven manner so that only portions of the building appear to be discolored and the original color may still be identified. (Ord. No. 87-5,  7, 8-18-87)

Cross references–Buildings and construction, Ch. 6; town color code,  5.5-41 et seq.

Sec. 5.5-68. Landscaping.

(a) Exterior of premises. Every owner or occupant in a single-family, duplex-, multifamily, residential-, professional-, tourist-, or church-district shall be required to maintain, with driveways, a front-yard area extending to the street pavement that is covered by a lawn, gravel, or ornamental plants, shrubs, or trees. Vegetation or any other material placed in the street other than a lawn requires authorization from the town public works director.  Gravel or ornamental stone in the street is prohibited. Such areas in commercial and shopping center districts, if not paved, shall be maintained as above. Corner lots shall have two (2) such “front-yard” areas extending to each street paving for the purposes of this section.

(b) Lawns. All grass areas and lawns shall be properly maintained in a neat and attractive manner. Any grass area or lawn allowed to grow in excess of eight (8) inches in height shall be deemed to be not properly maintained in a neat and attractive manner.

(c) Lawn irrigation systems. All pumps and controls for underground lawn irrigation systems, visible from the front or located in the front setback area, shall be screened and not exposed to public view. For this purpose, all such screens may be created with shrubbery.

(d) Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, shall be removed expeditiously. (Ord. No. 87-5, 8, 8-18-87; Ord. 11-12, 2, 8-16-10; Ord. 14-11, 1, 8-19-14)

Cross references–Garbage, trash, weeds, Ch. 8; streets and sidewalks, Ch. 13; trees and shrubs, Ch. 16; zoning, Ch. 17.

Sec. 5.5-69. Storage tank areas.

All aboveground storage tanks, containing propane, oil, water, or any other contents, shall be maintained in a manner which prevents the accumulation of trash, debris, litter, garbage, refuse, or similar objectionable materials. Storage tanks shall be screened to prevent exposure to public view on all sides. In residential areas, said storage tanks shall be located to the rear of the front building line. (Ord. No. 87-5, 9, 8-18-87)

Sec. 5.5-70. Clothes lines.

All elevated clothes line supports shall be kept behind the front building line and densely screened to avoid exposure to public view. (Ord. No. 87-5, 10, 8-18-87)

Sec. 5.5-71. Fences and walls.

All fences and walls shall be kept upright, without gaps, broken sections, or holes that are not part of the fence or wall design and free from deterioration and graffiti. (Ord. No. 87-5, 11, 8-18-87; Ord. 10-16, 2, 10-16-10)

Sec. 5.5-72. Penalties.

Any person who violates, or causes to be violated any provision of this article or permits any such violation or fails to comply with any of the requirements hereof shall be subject to the enforcement action of the code enforcement board pursuant to Florida Statute Chapter 162. A separate offense shall be deemed committed on each day during or on which a violation or failure to comply occurs or continues. (Ord. No. 87-5, 12, 8-18-87)

ARTICLE V.  ATTRACTIVE NUISANCE CONDITION

 Sec. 5.5-86.  Attractive nuisance prohibited.

                 (a)            As used in this article, the term “attractive nuisance” shall be construed to mean any artificial condition, whether in a building, on the premises of a building or upon an unoccupied job site, which by its nature, location or character would tend to attract and substantially endanger the safety of any minor person.  This includes, but is not limited to, unsecured swimming pools, abandoned wells or shafts; excavations; abandoned refrigerators/freezers with doors or motor vehicles with unlocked doors; any structurally unsound fences or structures; lumber, trash/debris, or any other materials which may provide a hazard.

(b)  No person shall have, keep, maintain, cause or permit an attractive nuisance condition on any parcel of land within this Town.  Having, keeping, maintaining, causing, or permitting an attractive nuisance in violation of this section is hereby prohibited and declared to be a public nuisance.  (Ord. 11-09, 1, 6-21-11)

Sec. 5.5-87.  Attractive nuisance condition – violation.

(a)  Any person responsible for any parcel of land on which an attractive nuisance condition shall exist shall take all necessary measures to remedy the attractive nuisance condition within three (3) calendar days after the date upon which written notice is given by the Town, or within such reasonable time as may be specified in the notice from the Town. (Ord. 11-09, 2, 6-21-11)

Sec. 5.5-88.  Notice.

(a)  If the code enforcement officer finds and determines that a public nuisance as described and declared in section 5.5-86 exists, he shall so notify the owner of record of the offending property and any occupants of the property in writing and demand that such owner(s) and occupant(s) cause the condition to be remedied.  Said notice shall be given in writing and shall require that the condition be remedied.  The notice shall specify a date for the completion of the remedying of the attractive nuisance condition.  The notice shall be given by certified U.S. mail, return receipt requested, or as other provided in section 162.12, Florida Statutes, said notice being addressed to the owner or owners of the property described and to any occupants of the property.  If notice is mailed, notice to a property owner shall be given as their names and addresses are shown upon the records of the county property appraiser at the time the notice is given. Mailed notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage prepaid.

(b)  Simultaneous with mailing the notice, the property shall be posted with a notice in substantially the form as depicted in this section of the code.

(c)            The notice shall be in substantially the following form:

NOTICE OF PUBLIC NUISANCE

Name of Owner    ______________________________________________________

Name of Occupant (if other than the owner) if known__________________________

Address of Owner ______________________________________________________

Our records indicate that you are the owner(s) of the following property in the Town of Indialantic, Florida:

(describe property)

An inspection of this property discloses, and I have found and determined, that a public nuisance exists thereon so as to constitute a violation of the Town of Indialantic Attractive Nuisance Condition Ordinance, Article V, Chapter 5.5, Indialantic Code of Ordinances, in that:

(describe here the condition which places the property in violation)

You are hereby notified that unless the condition above-described is remedied so as to make it non-violative of the Town of Indialantic Attractive Nuisance Condition Ordinance within three (3) calendar days from the date of this notice, the Town of Indialantic will proceed to remedy this condition, and the cost of the work, including advertising costs and other expenses, will be imposed as a lien on the property if not otherwise paid within thirty (30) days after receipt of billing.  Within three (3) days after the posting of this notice or within three (3) days of the receipt of billing to said owner, the owner of the property or occupant of the property may make written request to the town manager for a hearing before him or his designee to challenge the taking of action to remedy the nuisance or the billing and/or liening.  Further information regarding this notice or appeal may be obtained by contacting the town manager at Indialantic Town Hall, 216 Fifth Avenue, Indialantic, FL  32903, 321-723-2242.

Town of Indialantic, Florida

By:            _______________________

Code Enforcement Officer

(Ord. 11-09, 3, 6-21-11)

Sec. 5.5-89. Hearing.

(a)  Within three (3) days after the mailing of notice to said owner and the posting of the property, whichever event shall last occur, the owner of the property or occupant of the property may make written request to the town manager for a hearing before him or his designee to show that the condition alleged in the notice does not exist or that such condition does not constitute a public nuisance.

(b)  At the hearing the town and the property owner or property occupant may introduce such evidence as is deemed necessary. The town manager may establish rules and regulations for the hearing procedure. Following a review by the town manager, the owner will have exhausted his/her administrative remedies. (Ord. 11-09, 4, 6-21-11)

Sec. 5.5-90. Condition may be remedied by town.

(a)  If within three (3)  days after the mailing of the notice to said owner, or said owner’s agent,  no hearing has been requested and the condition described in the notice has not been remedied, the town manager or said manager’s designee may cause the condition to be remedied by the town at the expense of the property owner. If a hearing has been held and has been concluded adversely to the property owner, the town manager may cause the condition to be remedied by the town at the expense of the property owner.

(b)  After causing the condition to be remedied, the town manager or said manager’s designee shall certify to the town clerk the expense incurred in remedying the condition and shall include a copy of the notice above-described and a copy of the decision of the town manager or code enforcement board, if any, whereupon such expense shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the rate of eight per cent (8%) per annum from the date of such certification until paid.  Notice of such lien shall be maintained in the town clerk’s office in a file created for such purpose and may be filed in the office of the clerk of the circuit court and recorded among the public records of the county.  Such lien shall be enforceable immediately or at any time within a period of twenty (20) years after recording of same in the records of the town clerk, all in the same manner as a special assessment lien in favor of the town under chapter 170, Florida Statutes, and may be satisfied at any time by payment thereof including accrued interest.  Upon such payment, the town clerk shall by appropriate means evidence the satisfaction and cancellation of such lien upon the record, and as appropriate, in the public records of Brevard County, Florida, thereof.  (Ord. 11-09, 5, 6-21-11)