11-1352 Requiring Completion or Demolition for Incomplete Structures

Home Browse Search

SECTION 1. That the City Code of Ordinances, Part III, Unified Land Development Regulations, Chapter 1, General Administration, Article IV, Building Code, shall be amended to add section, Section 1 -4.7, Cessation of work /Expiration of building permit, as follows: Section 1.4.7, Cessation of work /Expiration of buildina_permit. A. The following criteria are provided to supplement the provisions of the Florida Building Code which permit the Building Official to require that any work which has not been commenced or completed be removed from the building site in the event that a new building permit is not obtained within 180 days after the date when the building permit became null and void, This process shall be supplemental to any other remedy provided bid Condemnation and Demolition Process 1, Right of entry for inspection. a. A Building official or an authorized designee, may enter any building, structure, or premises to make an inspection or enforce the provisions of Section 1 -4.7 subject to federal and state constitutional restrictions on unreasonable searches and seizures and subject to the provisions in this section. b. When attempting to enter a building, structure or a premise that is occupied, the Building Official or authorized designee shall first identify himself, display proper credentials and request entry. If the building, structure, or premises are unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge of the building , structure or premises and request entry. If entry is refused, or if the owner or other persons having charge of an unoccupied building or structure cannot be located, the Building Official, with the concurrence of the City Manager and Community Development Director, shall have recourse to every remedy provided by law to secure entry, including an inspection warrant. c. When the Building Official or authorized designee shall have obtained permission to enter, secured an inspection warrant, or obtained another remedy provided by law to secure entry, no person shall fail, after proper credentials are displayed, to promptly permit entry into the building, structure or premises by the Building Official or authorized designee for the purpose of inspection and examination pursuant to this code. Any person violating this division may be prosecuted within the limits of the law. 2. Inspections. The Building Official or an authorized designee shall inspect any building, structure, property or portion thereof which may violate Section 1 -4.7 due to cessation of work or an expired building permit. After the Building Official or an authorized designee has determined that such structure, property or portion thereof violates Section 1 -4.7, the Building Official or an authorized designee shall notify the City Manager, through the Community Development Director, of the Building Official's or an authorized designee's intent to issue a Notice of Violation as provided within this Section. 3. Notice of Violation. Whenever the Building Official or an authorized designee has determined that such structure property or portion thereof is a violation of Section 1 -4.7, the Building Official or an authorized designee shall prepare a written Notice of Violation and Notice of Pending Administrative Action to Ordinance 11 -1352 Page 2