§ 6-27. Unsafe buildings.

(a)

Definitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health shall be deemed to be unsafe structures by the building official or his/her authorized designee and a permit shall be obtained to demolish the structure or where specifically allowed by this section, to bring the building into compliance with the applicable codes as provided herein.

(b)

Physical criteria.

(1)

A building shall be deemed a fire hazard and/or unsafe when:

a.

There is an accumulation of debris or other material therein representing a hazard of combustion.

b.

The building condition creates hazards with respect to means of egress and fire protection.

(2)

A building, or part thereof, shall be deemed unsafe by the building official or his/her authorized designee if:

a.

There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material; or

b.

There is a deterioration of the structure or structural parts; or

c.

The building is partially destroyed; or

d.

There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing; or

e.

The electrical, plumbing or mechanical installations or systems create a hazardous condition contrary to the standards of the Florida Building Code and the National Electric Code; or

f.

An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; or

g.

There is no potable water service or electrical service; or

h.

The construction, enlargement, alteration, repair or demolition of the building or part thereof or the impact resistant coverings of the building or construction or the installation of systems or components within the building or structure has been commenced or completed without a permit having been obtained as required by the Florida Building Code or where the permit has expired prior to appropriate inspections and completion or when a building or structure is occupied prior to the issuance of a certificate of occupancy or certificate of completion; or

i.

The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the building official; or

j.

The building is being used illegally or improperly based on the Florida Building Code; or

i.

A change in the existing use originally approved has occurred without required permits, inspections, and/or approvals; or

ii.

A change in occupancy classification of a building or structure or portion thereof has occurred that does not comply with the Florida Building Code; or

iii.

Maintenance of conditions of occupancy or requirements of the existing occupancy classification of a building or structure or portion thereof does not comply with the Florida Building Code from the time period when the building was originally constructed or with the code in effect at the time of construction; and

k.

The building or part thereof meets the physical criteria of an unsafe structure set forth above in Section (b)(1)(a) or (b) and/or Section (b)(2)(a)-(j), as determined by the Building Official or Fire Marshall, with proper notice as defined in Chapter 6-27, Section (d). This provision does not supersede the authority of the building official under the Florida Statutes or the Florida Building Code.

(c)

Abatement:

(1)

All unsafe buildings, structures or systems are hereby declared illegal and shall be abated by repair and rehabilitation or demolition.

(2)

All swimming pools or spas that contain stagnant water or do not conform with Section 424.2.17 of the Florida Building Code are deemed unsanitary and/or dangerous to human life and public welfare. If the stagnant water is not removed and/or all repairs made and brought into full compliance with the building code within a reasonable period of time, then these swimming pools or spas will be demolished.

(d)

Notice. When the building official or his/her authorized designee has after inspection deemed a building, structure, electrical, gas, mechanical or plumbing system to be unsafe, then the building official or his/her authorized designee shall provide a written unsafe declaration specifying the unsafe physical criteria, the suggested methods for abatement or remediation, the time allowed for the abatement or remediation and that the matter will be referred to code compliance after the time prescribed by the building official for that particular declaration. The written unsafe declaration shall be mailed to the owner of the property in question at the address listed in the tax collector's office for tax notices via first class mail. If the unsafe physical criteria is not abated or remedied within the designated reasonable period of time prescribed by the building official or his/her designee, then the matter shall be referred to code compliance. This provision does not supersede the authority of the building official under the Florida Statutes or the Florida Building Code.

(Code 1979, § 6-4; Ord. No. 010-2002, § 2; Ord. No. 015-2008, §§ 1, 2; Ord. No. 022-2011, § 1 )