GENERAL

Jacksonville Ordinance Code tit. XIV, ch. 518, pt. 3, subpt. A

in effect

Jacksonville Ordinance Code § 518.301 Legislative intent and findings.

Sec. 518.301. - Legislative intent and findings. The City declares every unsafe building or structure, as defined under Section 518.111, to be a public nuisance and subject to regulation. The City pursuant to authority granted by law is empowered to make regulations and take actions to promote the general health, welfare and safety of the inhabitants and to present, abate and remove nuisances, to regulate the erection of buildings and all other structures, to compel the owner to provide and maintain fire escapes and other safety features, and to provide fire districts or zones and building zones; and to prohibit, regulate or suppress, or provide for the destruction and removal of any building or other structure which may be or become dangerous or detrimental to the public. (Ord. 96-458-297, § 1)

Jacksonville Ordinance Code § 518.302 Notice to owner.

Sec. 518.302. - Notice to owner. (a) Whenever the Chief finds any building or structure to be unsafe, he/she shall serve notice of such finding upon the owner, owner's agent, lessee, mortgagee and occupant as provided in this Section and shall order such unsafe building or structure, or portion thereof, to be made safe by repair or restoration or to be demolished and removed. The notice and order shall be written and shall include: (1) The street address, if any, of the unsafe structure and a legal description of the property upon which the unsafe structure is located; (2) A description of the building or structure or portion thereof deemed unsafe; (3) A statement of the particulars in which the building or structure or portion thereof is unsafe; (4) A reasonable time, to be not less than 30 days or the date set for a hearing whichever shall first occur, for compliance with the order; (5) A statement that the City shall have the right to demolish the building or structure without further notice if the offending conditions are not remedied within the time required; (6) That any repairs or demolition performed by the City shall cause a special assessment and lien to be placed for the total costs thereof and administrative fee. (7) A statement that the owner shall be subject to penalties provided in this Chapter if the offending conditions arc not remedied within the time required; and (8) That the City, notwithstanding the above, reserves the right to proceed with an action foreclosing the lien placed against the property upon which the nuisance existed, to hold the owner of the, property personally liable for the cost of correcting the offending condition, or placing the lien on the tax rolls for collections purposes. (9) A statement of the right of appeal as provided in this Chapter. (b) The notice and order required by this Section shall be mailed by certified mail to each owner, lessee, occupant and mortgagee of the structure as shown by the public records of Duval County, and shall also be mailed to the owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll. A notice containing as a minimum the following shall be posted upon the building or structure or conspicuously displayed upon the premises to which it relates: CONDEMNED This building or structure is unsafe and subject to being demolished pursuant to notice and order from the Municipal Code Compliance Division. The owner is subject to prosecution for failure to comply with such notice and order. It is unlawful to mutilate or remove this notice until such notice and order is complied with. (c) If one or more persons to whom the notice required by this Section is addressed cannot be found after diligent effort to do so, service may be made upon the unfound person or persons by causing the notice to be published, in a daily newspaper of general circulation published in the City, once a week for three consecutive weeks. (d) Notwithstanding the requirements of subsections (a), (b) and (c) of this Section, whenever the Chief finds any building or structure is in violation of this Chapter, or the City's Building Code, Electrical Code or Plumbing Code the Chief may serve upon the person or persons responsible for the violation a written notice or order in the form of a citation which sets forth the nature of the violation charged or the action ordered, the Sections of the Ordinance Code violated or authorizing the order, the date delivered and specifying the time within which the citation must be complied with. (Ord. 96-458-297, § 1; Ord. 2006-1363-E, § 13)

Jacksonville Ordinance Code § 518.303 Hearing.

Sec. 518.303. - Hearing. Within 15 days after the date of mailing the notice as provided in Section 518.302 or the delivery, service or posting thereof, as the case may be, the owner, custodian, agent, lessee, trustee or occupant of the property involved shall have the right to make written petition for a hearing before the Building Codes Adjustment Board. Thereafter, the Board shall promptly arrange a time for the hearing and provide appropriate notice thereof to the petitioner, who may appear to show: (a) That the structure is not unsafe or why the public nuisance does not threaten or endanger the public health, welfare or safety. (b) Why the public nuisance cannot be terminated within the time specified in the notice. (c) Why the public nuisance should not be removed, terminated and abated by the City and a special assessment and lien placed on the property. At the hearing, the City and the petitioner may introduce witnesses as deemed necessary. (Ord. 96-458-297, § 1)

Jacksonville Ordinance Code § 518.304 Abatement by City.

Sec. 518.304. - Abatement by City. In the event the unsafe structure is not demolished or the repair or other work is not performed within the time and as required by the Chief or the Building Codes Adjustment Board, the Chief shall cause the demolition or minor repair or other minor work, including but not limited to, boarding to be performed by independent contractors, City employees, or such other qualified means as available. The Chief may also initiate prosecution for violation of this Chapter. The Chief may temporarily defer demolition or minor repair work when it is in the best interest of the City to do so. Such deferral shall be documented in the property file explaining the reasons for the deferral. Furthermore, no historic landmark or contributing structure which lies within a historic district (as designated by the appropriate federal, State or local authority) and which has been declared unsafe, except those structures which have been defined to be unsafe pursuant to Section 518.111 (unsafe building or unsafe structure) (c), (k), (l) or (m), shall be demolished by the City until the Chief has received approval of such proposed demolition from the Jacksonville Historic Preservation Commission (Commission), pursuant to Section 307.113, Ordinance Code. (Ord. 96-458-297, § 1; Ord. 2011-408-E, § 3; Ord. 2015-693-E, § 5)

Jacksonville Ordinance Code § 518.305 Notice of pending lien.

Sec. 518.305. - Notice of pending lien. At the time the Chief authorizes the demolition, repair or other work to proceed, he/she shall cause a notice of pending lien to be filed in the public records of Duval County. The notice of pending lien shall indicate that the City is proceeding with work pursuant to this Chapter and will claim a lien against the property described in the notice. The notice of pending lien shall contain a legal description of the property against which the lien will be claimed, the name of the owner and the amount of the lien to be claimed. The Chief is authorized to execute and file notices and to cancel them of record upon payment of the lien. The purpose of the filing of the notice of pending lien is to furnish public notice of the pendency of a lien under this Chapter, but the validity of any lien claimed by the City shall not be affected by the failure to file a notice of pending lien with respect thereto. (Ord. 96-458-297, § 1)

Jacksonville Ordinance Code § 518.306 Lien for costs of termination, Demolition Lien Record and notice.

Sec. 518.306. - Lien for costs of termination, Demolition Lien Record and notice. The total expense, including administrative fee and title search, incurred by the City in causing a public nuisance to be terminated under this Chapter shall be a special assessment and lien upon the property upon which the public nuisance was terminated. The Chief shall have a statement of cost and invoice thereof prepared. The Chief may, at his discretion, mail the invoice or furnish to the Tax Collector the statement and invoice. The Tax Collector, shall, upon receipt of the statement: (a) Cause the lien to be entered in a record which shall be prepared and kept for that purpose and kept open for public inspection during reasonable office hours in the office of the Tax Collector, labeled Demolition Lien Record, showing the amount of the cost, the date, of completion of the work and a legal description of the property and real estate appraiser number upon which the lied is placed. (b) Upon the entry of the lien in the Demolition Lien Record, cause a copy of the lien statement and invoice, if provided by the Chief, to be mailed to the owner, custodian, agent, lessee, trustee or occupant of the property and a notice of assessment and lien to be published one time in a daily newspaper regularly published and in general circulation in the City, which notice shall show the nature of the assessment and lien, the amount thereof and a legal description of the property affected thereby. (c) The owner or mortgagee or lessee of record of the real property affected by a notice of assessment and lien shall have the right, at any time within 30 days after the publication of the notice, to present to the Chief a sworn petition stating his interest in the property and alleging that, in the opinion of the petitioner, the amount of the lien exceeds the actual cost incurred by the City or is otherwise erroneously entered and to be heard upon such petition. If it shall appear to the Chief from a consideration of the petition and inquiry into the facts that the cost as entered is erroneously stated or exceeds the actual cost incurred by the City, then the Chief shall certify these findings to the Director of Finance and Administration. After receiving this certification, the Director of Finance and Administration shall cause the entry of the notice of assessment and lien in the Demolition Lien Record to be corrected by the Tax Collector and shall fix such amount to be charged against the real property as may be just and proper; and the amount as fixed shall stand as the amount of such lien. (d) In all cases where no petition shall have been filed as herein provided within the 30 days after the publication of the notice by the Tax Collector, the cost of work as entered in the Demolition Lien Record shall become a fixed lien on the real property. The lien shall be effective against the real property upon which the work has been done from the time of the entry in the Demolition Lien Record, and shall not become final until the amount thereof has been fixed as aforesaid. Liens in the Demolition Lien Record shall be superior to all other liens except liens for taxes, and other special assessment liens imposed by the City. (Ord. 96-458-297, § 1; Ord. 2016-140-E, § 16)

Jacksonville Ordinance Code § 518.307 Finality and priority of lien.

Sec. 518.307. - Finality and priority of lien. The lien shall be effective and final against the real property upon which the work has been done from the time of entry in the Demolition Lien Record. Liens in the Demolition Lien Record shall take priority as of the time of entry therein. Any lien granted pursuant to this Chapter of the Ordinance Code shall be enforceable and continue in full force for 20 years after the date the lien is entered into the Demolition Lien Record or discharged by payment. (Ord. 96-458-297, § 1)

Jacksonville Ordinance Code § 518.308 Payment and enforcement of demolition lien and interest thereon.

Sec. 518.308. - Payment and enforcement of demolition lien and interest thereon. A lien provided for in this Chapter may be paid within 180 days after the publication of the notice of assessment and lien as provided in Section 518.307 without interest. Thereafter, the amount of the lien, including administrative costs and cost of publication of notice of assessment and lien, together with interest at the rate of 12 percent per annum commencing from the date of filing of the lien, and costs of collection, shall be a lien against the property and shall be collected and enforceable in the same manner as is provided by law for the enforcement of other taxes or special assessment lien levied upon the property. Such demolition liens shall be prior in dignity to all other liens or encumbrances of any kind against the property, except the liens of the State, County and City for taxes, which shall be of equal dignity with the special assessment lien provided herein. (Ord. 96-458-297, § 1)

Jacksonville Ordinance Code § 518.309 Failure to comply with order unlawful; penalties.

Sec. 518.309. - Failure to comply with order unlawful; penalties. A person who violates or procures or acquiesces in a violation of the provisions of this Part or a person who fails to comply with an order issued pursuant to this Part by the Chief or the Building Codes Adjustment Board shall, upon conviction thereof, be guilty of a class D offense. A separate offense shall be deemed to have been committed for each 15 days that a violation of this Chapter continues. (Ord. 96-458-297, § 1)

Jacksonville Ordinance Code § 518.310 Permitted repairs.

Sec. 518.310. - Permitted repairs. (a) When a building or structure has been cited for being in violation of this Part the violator may: (1) Provide temporary repairs by securing and sealing the property provided such action will eliminate or cure all unsafe elements and will not constitute a blighting influenced as defined under Section 518.111. (2) Repair the unsafe elements cited by the Chief. (b) If the violator chooses to provide temporary repairs by securing and sealing the property, as stated hereinafter, he/she shall notify and obtain approval from the Chief for the temporary repairs. The Chief, when approving temporary repairs in the form of securing and sealing, shall state a reasonable time in which permanent repairs shall be made to the property. If permanent repairs are not made within the stipulated time, the Chief can cite the property for being in violation of this Part and take the necessary action to abate the nuisance. (c) An unsafe building or structure, or part thereof, may be repaired and restored, but if the damage or cost of reconstruction or restoration as evidenced by the bid of a contractor licensed to do business in the City is in excess of 50 percent of the just value of the building or structure, as this term is defined by statute for Property Appraisers, such building or structure, if reconstructed or restored, shall be made to conform in all respects to requirements of the Chapters or ordinances of the City applicable to new buildings or structures. (d) When a building or structure is unoccupied and is unsafe because it is vacant, unguarded and open at doors or windows, or otherwise provides access to the interior, the Chief may approve the temporary securing of the building or structure. Materials or methods for securing the building or structure shall be as follows: (1) Windows and doors shall be repaired or replaced, closed and locked to prevent unauthorized entry. Other openings shall be sealed with solid sheathing, consisting of one-inch boards or minimum ½-inch exterior grade plywood or equivalent, securely nailed in place with 8d nails and painted a similar color as the main structure; or (2) Windows, doors and other openings shall be secured by covering same with solid sheathing consisting of one-inch boards or minimum ½-inch exterior grade plywood or equivalent, securely nailed in place with minimum 8d nails and painted a similar color as the main structure. Where there is no frame or where the frame is loose or defective, a subframe of two by four-inch lumber shall be provided to secure the sheathing. (3) The Chief may approve alternatives to the above methods, providing the alternatives are equivalent to the above in strength. (Ord. 96-458-297, § 1; Ord. 98-496-E, § 2)

Jacksonville Ordinance Code § 518.311 Closing streets, sidewalks, and other places.

Sec. 518.311. - Closing streets, sidewalks, and other places. The Chief may (with notice to traffic engineer), when necessary to perform his duties under this Chapter or to insure the public safety, temporarily close sidewalks and streets or portions thereof, and buildings, structures and places adjacent thereto, and prohibit them from being used. The safety code enforcement personnel shall be exempt from the parking regulations of the City when engaged in the inspection of structures or abatement of unsafe conditions pursuant to this Chapter. (Ord. 96-458-297, § 1)

Jacksonville Ordinance Code § 518.312 Junk and derelict property.

Sec. 518.312. - Junk and derelict property. It shall be unlawful to allow the accumulation of junk, trash, debris and other derelict property on premises where a structure has been declared unsafe pursuant to this Chapter, and the Chief may have such items removed along with the structure. (Ord. 96-458-297, § 1)

Jacksonville Ordinance Code § 518.313 Transfer of title.

Sec. 518.313. - Transfer of title. When title to property which has been declared condemned pursuant to this Chapter is transferred to a new owner or owners, the seller or owner conveying title to the property shall tender a copy of the notice of condemnation to the new owner, or shall otherwise notify the new owner of the City's condemnation action and that records of such condemnation are on file in the office of the City's Municipal Code Compliance Division. As long as a notice of pending lien is filed pursuant to Section 518.305 prior to the transfer of property, failure of the seller or owner of the property to so notify the new owner shall not serve as an estoppel against the City, nor shall it serve as a defense by the new owner or owners against any action taken by the City in furtherance of correcting the unsafe conditions, including demolition, other work or prosecutions pursuant to this Chapter. (Ord. 96-458-297, § 1)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXIVHOCODE_CH518JAPRSAMACO_PT3UNBUST_SPAGEFetched: 10/27/2026