TOWN post onpice rast 24 OF WARRENTON {sive sia areritvagy Scio Fase san Too Laeaae iso OFFICIAL NOTICE OF VIOLATION ‘The owner or person(s) responsible shall have to comply with this order. Notice Date: May 30, 2018 Property: 6984-18-3854-000; 394 Broadview Ave LOT 22A-R BROADVIEW ACRES SUBD BLOCK A Zoning: Commercial (C) & Residential (R-15) Property Goal LC Owner: 2169 SW Oakhill Way Palm City, FL. 34990-5718 An inspection of the above listed property on May 17, 2018, conducted by the Town of Warrenton Building Official, Fire Official/Fire Marshal, Warrenton Fire Department and Community Development Director found many Violations of the Virginia Property Maintenance Code, 2012 edition and the Virginia Fire Prevention and Safety Code, 2012 edition. The degree and number of these violations constitute a dangerous, unsafe and unsanitary structure by the following definitions from the VA Property Maintenance Code, 2012 edition: STRUCTURE UNFIT FOR HUMAN OCCUPANCY: An existing structure determined by the code official to be dangerous to the health, safety and welfare of the occupants of the structure or the public because (i) of the degree to which the structure is in disrepair or lacks maintenance, ventilation, illumination, sanitary or heating facilities or other essential equipment, or (ii) the required plumbing and sanitary facilities are inoperable. UNSAFE EQUIPMENT: Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment that is in such disrepair or condition that such equipment is determined by the code official to be dangerous to the health, safety and welfare of the occupants of a structure or the public. UNSAFE STRUCTURE: An existing structure (i) determined by the code official to be dangerous to the health, safety and welfare of the occupants of the structure or the public, (ii) that contains unsafe equipment, or (iii) that is so damaged, decayed, Gilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is likely. A vacant existing structure unsecured or open shall be deemed to be an unsafe structureDESCRIPTION OF VIOLATION ‘The following list of violations is intended to provide information intended for compliance with the codes listed. Recommended corrective actions are included after the list of violations. Virginia Maintenance Code, 2012 ed. 1 Units 3, 4, 6, 10, 11, 15, 16, 17, 18, 19, 20, 26 and 29 are being occupied as “full time” and/or apartment type housing. Tenants have been identified as long term, well beyond thirty days, and are occupying the rooms as their primary living space, This is in violation of Town Ordinances regarding hotel/motel uses-short term uses and in violation of several sections of the Virginia Property Maintenance and Fire Safety and Prevention Codes, 2012 editions, as outlined below. These units do not have the required minimum living spaces for ‘occupancy; they do not provide adequate food preparation area; and all are suffering from a lack of proper ventilation, These units are unfit for human habitation, Units 1, 2, 5, 7, 8, 9, 12, 14, 21, 22, 23, 25, 26, 28, 30, 31, 32, 33, and 34 are. currently vacant and being used for storage. These units do not contain the ‘minimum requirements of ventilation, fire safety and sanitary conditions to be ‘occupied. The storage is excessive failing to maintain a 33 inch clear path; these units contain stored combustible items with no fire/smoke alert system; these units also have extensive wall and ceiling damage caused by deterioration, lack of maintenance and water damage- floors are in disrepair, plumbing fixtures not functioning, electrical hazards, and unsanitary conditions. These unit are unlivable and present a fire safety hazard given the storage and proximity to occupied units. ‘The exterior of the entire structure on the property shows extensive signs of water damage and wood rot. The roof is in disrepair with signs of water intrusion at valleys and along the eaves. Shingles have been “painted over” in an attempt to repair; however, the shingles are missing, peeling off, and/or are in a state of disrepair where they are not functioning as intended or designed. The office roof line is showing significant deterioration including roof sag from wood decay and rot which is exerting loads onto unsupported windows which are broken. The copulas on both sides of the roof line are severely deteriorated and appear to be near collapse. Wooden window frames throughout the structure are rotted and failing duc to lack of maintenance. The posts supporting the overhang along the entire property are in disrepair with many rotted at the base and unable to support any loads. The paint over the entire exterior has deteriorated, is infused with mold and mildew, and is creating an unsanitary condition. Exterior walls in the reat of the office area are so water damaged they are cracking and showing signs of stress from supporting the loads of the roof. The finishes on the exterior walls are peeling away from water intrusion and lack of repair creating a structural deficiency as well as an unsanitary condition allowing the encroachment of additional moisture and infestation. The underside of the exterior walks way shows extensive signs of failure and water damage with holes and collapsing boards; as well as loose, non-secured light fixtures, The sign on the roof is in disrepair and appears to be collapsing onto the sagging section of roof: this is 24. Vestibule area at Units 23 and 34: thi adding to the load at the point of the sign and increasing the stress on the deteriorating roof 4, The parking lot is in severe disrepair with large pot holes. The landscaping timbers are deteriorated and no longer functional. The retaining walls on the property are in disrepair from lack of maintenance with peeling paint, mildew and cracks showing signs of weakness and potential failure. Specific Rooms/Areas: 1. Main Office: the interior of the main office has signs of water damage along the front glass walls (with broken glass panels as described above); the interior framing of the wall is showing major signs of deterioration and inability to sustain holding the load from the ceiling/roof. The outlets are being over loaded with “plug splitters”. The ceiling in the laundry room has been “patched” with plywood as a result of extensive water damage along the ceiling; there is unpermitted electrical work which has added additional outlets with non-labeled cable; and the area behind the laundry units are not properly scaled to prevent intrusion of pests/insects. The bathroom has @ non-secured light fixture in the ceiling. The upstairs of the office building is being used for excessive storage. There are signs of additional water damage; non functioning windows with rotted window frames; non functioning bathroom facilities and an “abandoned” kitchenette. ‘There are two attic access doors on either side of the unit The attic shows signs of water damage from a leaking roof with major structural concerns in the valley of the roof area near the vestibule “wing” on the north side of the property. There is unsafe electrical outlets and extension cords. 2. Mechanical Room at Office: There is a large water heater tank which has been covered with cement in an attempt to stop prior leaks. The tank has a major leak despite the cement “patchwork.” There is water damage throughout the space along the walls and ceiling. There is no fire stop protection in this room with many penetrations in the existing walls and ceilings to make this room unable to confine any fire/smoke in the event of a fire. 3. There is an attached “apartment” type arca behind the main office, through the hall way at the rear of the structure. The hallway servicing the entire area shows extensive water damage with a section of the floor unable to support a moderate load- there is wood covering this area which has deteriorated and present a hazard. The apartment is not currently occupied; however itis being used for storage. This area has no ventilation with water damage throughout on walls and ceiling; the rear door is rotted and unable to seal properly; there is storage of combustible materials and equipment in the area. is an exterior area under the roof line- there is extensive water damage on the walls and ceiling with water dripping at time of ppection. The wood boards are swollen and deteriorating. The doors to the units in this area are damaged and unable to close properly. There is a storage room in,this area which serves an electrical panel- this room requires proper labeling/identification and had storage exceeding the 24” from ceiling requirement. The lighting fixtures are in poor condition, 5. Vestibule area at Unit 8: this is another exterior area under the roof line of the structure- There is an electrical room in this area where the exterior door has deteriorated and is non-functioning; the room is not labeled or identified properly and there are cables which are improperly supported. Units Being Used as Living Units: 1. Unit 3 ~ Ceiling is in disrepair with missing ceiling tile; no bath exhaust or functioning window. 2. Unit 4 Mold/mildew along the walls and baseboards, water damage along ceiling and walls lines, and no functioning smoke detector. 3. Unit 6 — Overcrowded, poor ventilation and unsanitary; portable cooking equipment. Unit 10 ~ Outlets are being over loaded by extension cord and splitters. Unit 15 ~ Multiple plug adapters being used at outlets. Unit 18 - Bath door in disrepair, non-functioning windows. sas Unit 19 — Carpet is in disrepair and unsanitary, insufficient ventilation; open cooking appliance; over loaded outlets with splitters. 8. Unit 20— HVAC unit not functioning properly, lack of ventilation; improperly used extension cords. 9. Unit 26 ~ Ceiling tiles missing, 10, Unit 29 — Ceiling tiles missing and in disrepair; walls are unsanitary and show signs of water damage; receptacles are being overloaded with splitters. Units Being Used for Storage: All of these units showed interior signs of disrepair, water damage on walls and ceilings, unsanitary carpet, lack of ventilation, non functioning windows and plumbing fixtures, no functioning fire/smoke detectors, and over all unsanitary conditions. These units cannot be used for human occupancy.CORRECTIVE ACTION You are hereby ordered to correct the violations described above within the per not to exceed five (5) days from the date of this notice. In order to avoid any escalation of enforcement, it is required to provide a plan for corrective action within five (5) days of receipt of this notice. The plan MUST include provision as to safeguards for tenants. Failure to address these violations as directed shall result in enforcement actions under the applicable proceedings in Article 11-5 Enforcement and Penalties of the ‘Town Zoning Ordinance and applicable Virginia State Code. Given the extent of the overall conditions of the property, all units must be vacated and cease using for long term living units. The office must be vacated and ceased being used. The mechanical equipment, specifically the water heater must be shut down and ceased being used. These actions must take place 14 days of receipt of this notice. Once the immediate provisions are met, the entire structure must be repaired to safe condition by obtaining the services of licensed engineers, architects and contractors or the structure must be properly demolished. If you chose to demolish the strueture, you must ensure the property is secured and the grounds maintained until demolition is complete. If you chose to repair the structure, you must notify this office within the 14 days stated above with a detailed plan and identified licensed design professionals listed. If you chose to demolish the structure, demolition must commence with 60 days of receipt of this notice. If you refuse to take appropriate action to address the violations, the Town will take corrective action on the property and all charges and fees will be applied to the property owner. If you chose to appeal this notice, you must do so within fourteen (14) days of receipt of this notice as outlined in the Virginia Property Maintenance Code, 2012 edition, Section 106, attached below. ‘The Community Development Office is located at 18 Court Street within Town Hall. Hours of operation are from 8 AM until 4:30 PM Monday through Friday. If you have any questions regarding this notice or would like additional information about the appeal process, please contact me at (540) 347-2405. Sincerely, Dawud Brandie M, Schaeffer, LEED-AP Community Development DirectorAPPLICABLE CODE PROVISIONS: VIRGINIA PROPERTY MAINTENANCE CODE, 2012 ED. SECTION 103 APPLICATION OF CODE 103.1 General. ‘This code prescribes regulations for the maintenance of all existing buildings and structures and associated equipment, including regulations for unsafe buildings and structures. 103.2 Maintenance requirements. Buildings and structures shall be maintained and kept in good repair in accordance with the requirements of this code and when applicable in accordance with the USBC under which such building or structure was constructed. No provision of this code shall require alterations to be made to an existing building or structure or to equipment unless conditions are present which mect the definition of an unsafe structure or a structure unfit for human occupancy. SECTION 105 STRUCTURES OR STRUCTURES FOR HUMAN OCCUPANCY UNSAF UNI 105.1 General. This section shall apply to existing structures which are classified as unsafe or unfit for human occupancy. All conditions causing such structures to be classified as unsafe or unfit for human occupancy shall be remedied or as an alternative to correcting such conditions, the structure may be vacated and secured against public entry or razed and removed. Vacant and secured structures shall still be subject to other applicable requirements of this code, Notwithstanding the above, when the code official determines that an unsafe structure or a structure unfit for human occupancy constitutes such a havard that it should be razed or removed, then the code official shall be permitted to order the demolition of such structures in accordance with applicable requirements of this, code. SECTION 106 APPEALS. 106.5 Right of appeal; filing of appeal application. Any person aggrieved by the local enforcing agency's application of this code or the refusal to grant a modification to the provisions of this code may appeal to the LBBCA. The applicant shall submit a written request for appeal to the LBBCA within 14 calendar days of the receipt of the decision being appealed. ‘The application shall contain the nameand address of the owner of the building or structure and, in addition, the name and ‘address of the person appealing, when the applicant is not the owner. A copy of the code official’s decision shall be submitted along with the application for appeal and maintained as part of the record. The application shall be marked by the LBBCA to indicate the date received. Failure to submit an application for appeal within the time limit established by this section shall constitute acceptance of a code official’s decision SECTION 301 GENERAL 301.2 Responsibility. ‘The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control SECTION 302 EXTERIOR PROPERTY AREAS 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar spaces regulated under the VCC shall be kept in a proper state of repair, and maintained free from hazardous conditions. Stairs shall comply with the requirements of Sections 305 and 702 SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, comices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be climinated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight, All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and 7corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.4 Structural members. Al structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. ‘The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall be discharged in a manner to protect. the foundation or slab of buildings and structures from the accumulation of roof drainage. 304.8 Decorative features All comices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weathercoating materials, such as paint or similar surface treatment, 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing, A\ll glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows,Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens, During the period from April 1 to December 1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self-closing device in good working condition, Exception: Screens shall not be required where other approved means, such as mechanical ventilation, air curtains or insect repellant fans, are used. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance Section 702.3. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition, Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. 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. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected, 305.6 Interior doors.Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 404 OCCUPANCY LIMITATIONS 404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m*) and every bedroom shall contain a minimum of 70 square feet (6.5 m’) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m°) of floor area for each ‘occupant thereof. 404.5 Overcrowding, Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5, TABLE 404.5 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET SPACE 1-2 occupants 3-5 occupants 6 or more occupants “Living room*” 120 120 150 Dining room? No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 404.5.1 Sleeping area. ‘The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m’). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m’). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m*). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4, The maximum number of occupants shall be three. 404.7 Food preparation, All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. SECTION 604 ELECTRICAL FACILITIES 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 703 FIRE-RESISTANCE RATINGS [F] 703.1 Fire-resistance-rated assemblies The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. [F] 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.SECTION 704 FIRE PROTECTION SYSTEMS {F] 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or contol a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. IF] 704.2 Smoke alarms. Single- or multiple-station smoke alarms shall be installed and maintained in Group R or L-1 occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms 2. Ineach room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics, In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. VIRGINIA FIRE SAFETY AND PREVENTION CODE, 2012 ED.: SECTION 110 UNSAFE CONDITIONS 110.1 General, The fire official shall order the following dangerous or hazardous conditions or materials to be removed or remedied in accordance with the SFPC: 1. Dangerous conditions which are liable to cause or contribute to the spread of fire in or on said premises, building or structure, or to endanger the occupants thereof, 2. Conditions which would interfere with the efficiency and use of any fire protection equipment. 3. Obstructions to or on fire escapes, stairs, passageways, doors or windows, which are liable to interfere with the egress of occupants or the operation of the fire department in case of fire. 4. Accumulations of dust or waste material in air condi or grease in kitchen or other exhaust ducts. ning or ventilating systems 5. Accumulations of grease on kitchen cooking equipment, or oil, grease or dirt upon, under or around any mechanical equipment.6. Accumulations of rubbish, waste, paper, boxes, shavings, or other combustible materials, or excessive storage of any combustible material 7. Hazardous eleetrical nditions arising from defective or improperly used or installed ing, equipment or appliances. 8. Hazardous conditions arising from defective or improperly used or installed equipment for handling or using combustible, explosive or otherwise hazardous materials. 9. Dangerous or unlawful amounts of combustible, explosive or otherwise hazardous materials. 10. All equipment, materials, processes or operations which are in violation of the provisions and intent of this code. 110.2 Maintenance. The owner shall be responsible for the safe and proper maintenance of any structure, premises or lot. In all structures, the fire protection equipment, means of egress, alarms, devices and safeguards shall be maintained in a safe and proper operating condition as required by the SFPC and applicable referenced standards. 110.4 Unsafe structures. All structures that are or shall hereafter become unsafe or deficient in adequate exit facilities or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or by reason of illegal or improper use, occupancy or maintenance or which have sustained structural damage by reason of fire, explosion, or natural disaster shall be deemed unsafe structures. A vacant structure, or portion of a structure, unguarded or open at door or window shall be deemed a fire hazard and unsafe within the meaning of this code. Unsafe structures shall be reported to the building official or building maintenance official who shall take appropriate action under the provisions of the USBC to secure abatement. Subsequently, the fire official may request the legal counsel of the local governing body to institute the appropriate proceedings for an injunction against the continued use and occupancy of the structure until such time as conditions have been remedied. 110.5 Evacuation, When, in the fire official’s opinion, there is actual and potential danger to the occupants or those in the proximity of any structure or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxie fumes, gases or materials, the fire official may order the immediate evacuation of the structure or premises. All notified occupants shall immediately leave the structure or premises and no person shall enter until authorized by the fire official.