Since we've wandered in and out of topic, I'll make an additional detour.
For the original article (I've edited some of this to save space) :
Original Story
If you think that's bad, how about this. You can skim alot of it and look at the highlighted parts below:
Code enforcement gets new muscle; Ordinance lays groundwork for sweeping change including interior inspections for Cape Coral homes and businesses.
Just moments after her parking restrictions failed to pass muster, LePera’s next proposal, which adopted the 2006 edition of the International Property Maintenance Codes as a part of the Cape’s building codes, flew under the radar and into law. The new measure now regulates the maintenance of all buildings, both residential and commercial, inside and out, under Article XII.
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“It’s going to go a long way to make the people take care of their properties,†he said in a telephone interview Friday. “It’s actually done in Fort Myers.â€
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“It’s overall design to have properties looking better,†said Feichthaler. “We have to do everything we can to encourage taking care of properties better.â€
Elected officials have received a number of complaints about blight taking hold in parts of the Cape and both city beautification and more stringent code enforcement have become major themes in the council campaigns this election season. But more than a few sections of the code appear to go far beyond simply ensuring properties are well maintained.
Provision 104.4 of the 2003 edition of code, which differs very little from the code which was adopted, gives code enforcement officials the
right to enter any structure to ensure that its interior is up to code.
“The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restriction on unreasonable searches and seizures,†it reads. “If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.â€
When asked if code enforcement officers should be knocking on doors to private homes to inspect the inside, LePera responded, “If there is a need to, then yes.â€
The Breeze could not obtain a photocopy of the regulations now on the books because, according to the city clerk, it would violate copyright law. Residents are allowed to read the archived copy at city hall, but are otherwise restricted from obtaining the new code unless they purchase the document online for about $28.
In contrast to LePera, Feichthaler said he that believes there are only limited circumstances in which he could fathom a code official trying to go to a judge to gain access to a building. He said that one such scenario would be if a preschool was suspected to have serious fire code violations, and refused to allow an inspection. In that circumstance, the mayor argued, it would be important to have such a law on the books.
The property maintenance code also regulates the aesthetics of building interiors, and not simply the soundness of the structure or its relative safety.
Section 305.3 declares that “
all interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered.â€
Section 403.1 states that all habitable rooms must have at least one window and Section 404.4.3 maintains that all bedrooms must have access to a bathroom without passing through another bedroom.
LePera argued that the standards laid out in the maintenance code contribute to the welfare of entire neighborhoods as it would regulate converting garages, the proper amount of bath facilities and the number of people who can safely live inside of a certain building.
“Now that we finally have this we can use it as a tool to improve living conditions and to help enforce codes not only on the outside of properties but the insides,†she said. “We want to protect more than the people in the house. We want to protect the community.â€
Violations of any sort could also go on a citizen’s criminal record as the newly adopted maintenance code makes it a misdemeanor offense to fail to comply after being given a notice. Failure to comply could also result in exponentially worse punishment as 106.4 states that “each day that a violation continuous after due notice has been served shall be deemed a separate offense.â€
The councilwoman said this provision is not an issue.
“We have a lot things that could be charged asmisdemeanors in our code right now, but we don’t,†LePera said.