Authority of the director

(a)

The director is authorized in the course of his duties in the administration and enforcement of this chapter to exercise the powers below and issue the following orders:

(1)

Order to repair. Whenever the director, or his designee, determines that a structure, or parts thereof, does not meet the standards required by this chapter and presents a serious threat to the public, health, safety, and welfare of the community, he may order the repair, stabilization, or replacement of any part of the structure, including the removal of any work done in violation of this Code. In the event of default by the owner, occupant or operator repairing, stabilizing or replacing the part of the structure so ordered within the time fixed in the order, the director may issue a subsequent order authorized in this section, as may be deemed necessary.

(2)

Order to demolish.

a.

Criteria to demolish. The director may order the demolition or removal of a structure when it is determined that:

i.

The structure poses a serious threat to the public health, safety, or welfare; or

ii.

Is damaged, deteriorated or defective to such an extent that the cost of restoration or repair thereof will exceed seventy-five (75) percent of the assessed building value thereof.

b.

Demolition review team. Any structure that has been identified for demolition by the director must be reviewed by the demolition review team. The demolition review team shall be comprised of the director, the fire marshal and the building official or their respective designees. When the structure identified for demolition is a contributing structure located within a local or national historic district, is a locally designated landmark, or is located outside a local district but is fifty (50) years or older, the architectural review and historic preservation Manager, or designee, shall be included as a member of the demolition review team. The mayor shall be authorized to designate persons as alternate members of the demolition review team when the foregoing are unavailable.

c.

If the owner does not demolish or remove the structure within the time fixed in the order, the director may demolish or remove the structure, either by use of city forces or by an independent contractor secured by the purchasing agent of the city through normal purchasing processes as established by that office.

(3)

Order declaring building or dwelling as unfit for human habitation.

a.

Whenever the director determines that any building or dwelling or any part thereof:

i.

Constitutes a hazard to the safety, health or welfare of the occupants or to the general public;

ii.

Lacks the maintenance or sanitary facilities set forth in section 19-231 of the Tampa City Code; or

iii.

Otherwise fails to comply with the standards established by this chapter, he may issue an order declaring such building or dwelling unfit for human habitation.

b.

Any building or dwelling, or any part thereof, declared unfit for human habitation shall be posted with notice of the same, and it shall be unlawful to alter, deface or remove any notice so posted during the pendency of the order.

(4)

Order to vacate.

a.

The director may order a building or dwelling vacated when:

i.

A building or dwelling is declared unfit for human habitation;

ii.

A building or dwelling is ordered to be demolished or stabilized;

iii.

A certificate of compliance with housing standards is revoked;

iv.

The fire marshal notifies the director that a property is in violation of the fire code or life safety code; or

v.

It is otherwise determined that circumstances so warrant.

b.

Any structure that has been identified to be vacated by the director for life safety code or fire code reasons must be reviewed and approved by the fire marshal or his designee.

c.

It is unlawful for any person to occupy the building or dwelling until a final order to vacate is rescinded.

(5)

Order to secure. Whenever the director, or his designee, determines that a structure, or parts thereof, does not meet the standards required by this chapter, creates a nuisance, or presents a serious threat to the public, health, safety, and welfare of the community, he may order the structure be secured pursuant to the requirements of section 19-233 of this chapter. If the vacant structure is not properly secured within the time set forth in the order, then the director may take whatever action is necessary, including hiring a contractor, to secure the vacant structure.

(6)

Order to abate. Whenever the director, or his designee, determines that conditions on property or a structure violate the provision(s) of this chapter or any other city ordinance or chapter of the City of Tampa Code of Ordinances for which the director has enforcement responsibility, he or she may issue or cause to be issued an order to abate directing the property owner to abate the conditions violating the provision(s) of the ordinance or Code of Ordinances. If the conditions are not abated within the time set forth in the order, then the director may take whatever action is necessary, including hiring a contractor, to abate the conditions.

(b)

Emergency circumstances.

(1)

Whenever, in the opinion of the director, the condition or circumstance warranting the issuance of any order which he has the authority to issue under this section, is so unsafe as to imminently endanger life, limb, health, or property, he may issue such order on an emergency basis and immediately notify the owner(s), occupant(s), operator(s), or other parties having an interest in the building, structure, dwelling, or property of the issuance of the emergency order and direct immediate correction of the condition or circumstance in the manner ordered.

(2)

Notice will be made to the owner(s), occupant(s), operator(s), or other parties having an interest in the building, structure, dwelling, or property by any expedient means available, including but not limited to personal delivery, facsimile, or electronic mail. In addition, the property will be posted with the emergency order.

(3)

When public safety requires immediate action, the director may enter upon the premises with such assistants as may be necessary, either using city forces or an independent contractor, and cause the termination of the condition or circumstance, at the expense of the owner, occupant, operator or other party interested.

(4)

If the circumstances do not permit the hearing of an appeal before the city takes emergency abatement or curative actions, the owner, occupant, operator or other party having an interest in the building, structure, dwelling, or property shall have the right to an appeal hearing as soon as practicable.

(5)

An emergency order is final upon issuance.

(c)

The director may:

(1)

Rescind or modify any order issued;

(2)

Extend the time for compliance with any order issued; and

(3)

Stipulate to the dismissal of any action commenced by or against him.

(d)

It shall be unlawful to alter, deface or remove any posted order during the pendency of said order.

(Ord. No. 89-269, § 2(48-5), 10-12-89; Ord. No. 90-124, § 2(48-5), 5-17-90; Ord. No. 96-204, §§ 1, 7, 9-26-96; Ord. No. 2011-98, § 1, 8-25-2011; Ord. No. 2013-97, § 2, 7-18-2013; Ord. No. 2016-97, § 1, 6-23-2016; Ord. No. 2023-64, § 2, 5-4-2023)