Local Government BOCC to Vote on Major Property Code Changes Thursday

BRADENTON — At Thursday's land use meeting, Manatee County Commissioners will consider a sweeping property code ordinance that would grant county officials broad discretion in inspecting all residential and non-residential Manatee County properties, as well as in deciding whether or not they are in compliance with code.

Discussion over the ordinance, which got a public hearing on January 27 and a workshop on March 3, had mostly raised concerns regarding smaller issues such as parking boats on residential properties. However, the 20-page ordinance set to go before commissioners on Thursday includes the following measures:

• Outdoor storage on any residential lot would have to be screened from view from the first story window of any adjacent residence and is capped at 200 square feet.

• Working on your car will be limited to "minor service or repair" and can only be done by the property owner or rental tenant. Minor service is defined as "such as changing or adding oil or other fluids, changing a battery, a tire or spark plugs, or tuning up the engine."

• Inoperable vehicles would also banned by the ordinance, which describes them as "a nuisance per se primarily due to safety, aesthetics and visual impact on surrounding areas" adding that they "constitute a breeding ground for mosquitoes, snakes, rats, rodents and other vermin. Further, inoperable vehicles constitute a fire hazard, a dangerous attraction to children, and a haven for drug dealers."

• The statute would have a code enforcement officer place a written notice on the inoperable vehicle stating that it is in violation and must be removed or made operable within 10 calendar days, or be subject to removal by the county.

• Garage sales on residential property will be limited to one sale, not to exceed three consecutive days, every three months per residence.

• Repairs, additions or alterations to a structure or changes of occupancy shall comply with the procedures and requirements of the Florida Building Code and any other applicable codes.

Many of the sections seem almost painfully vague, including terms like "must be clean," which includes being "free from dirt." Numerous entries use the phrase "must be in good condition," creating concern that the ordinance will leave code enforcement with too much discretion, rendering consistent enforcement all but impossible. The ordinance would apply to "all existing residential and nonresidential structures and buildings within the unincorporated area of the county."

Click here to read the proposed ordinance.