Whenever the sections of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.

(Code 1981, § 645.39)

It is the intent of this chapter that all questions regarding the interpretation and application of the provisions of this chapter shall be first presented to the building official and that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the board of adjustment shall be to the city council. Any appeal from a decision of the city council shall be to the courts as provided by law. It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions of enforcement that may arise.

The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of:

(1)

Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and

(2)

Establishing a schedule of fees and charges.

(3)

Deciding appeals from final decisions of the board of adjustment or community appearance board pursuant to its authority under section 110-33.

(Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94; Ord. No. 02-2006, § 2, 3-21-06; Ord. No. 07-2007, § 2, 12-4-07)

(a)

The building official, under the supervision of the city manager or department head duly delegated and appointed by the city manager, shall administer and enforce this chapter. He shall be provided with assistance of such other officers and employees of the city as may be necessary to enforce this chapter.

(b)

If the building official finds that any section of this chapter is being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal work being done or shall take any other action authorized by this chapter or by law to ensure compliance with or to prevent violation of this chapter.

(Code 1981, § 645.01; Ord. No. 02-2006, § 2, 3-21-06)

Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of this chapter shall, upon conviction, be punished as provided by section 1-15.

(Code 1981, § 645.43)

Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the building official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this chapter.

(Code 1981, § 645.41)

Under this chapter, building permits or certificates of occupancy issued by the building department on the basis of plans, specifications, intended uses and applications and approved by the building official authorizing use, arrangement, construction and design shall only be as described in plans, specifications, intended uses and applications. Use, arrangement, construction and design at variance with those authorized by the plans, specifications, intended uses and applications shall be deemed a violation of this chapter and shall authorize the building official to revoke or suspend any previously issued building permits or certificates of occupancy, or pursue any other remedy necessary to carry out his or her duties under this chapter and other applicable law.

(Code 1981, § 645.11; Ord. No. 02-2006, § 2, 3-21-06)

(a)

The fees and charges, in connection with matters pertinent to zoning, including, but not limited to, zoning petitions, zoning ordinance amendments, special exceptions, variances and appeals, shall be as set forth in appendix B to this Code. When the fee has been paid and the application filed, there shall be no return or rebate of the fee, regardless of the city's determination in the matter involved.

(b)

In addition to the scheduled fees, when an application is filed for rezoning or for a proposed amendment to this chapter, the applicant shall deposit with the city sufficient money to defray all involved costs for advertising, publication, administration and recording, as determined by the city clerk. If the process is not completed, any unexpended prepaid fees will be refunded to the applicant.

(c)

No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning petitions, zoning ordinance amendments, special exceptions, variances or appeals shall be instituted until after such fees, costs and charges have been paid, except in those cases wherein fees are waived as specified in this section. All fees, costs and charges, upon collection, shall be deposited in the general fund of the city.

(d)

Fees for proposed zoning amendments or appeals of administrative decisions shall be waived, provided the petition for amendment or appeal is sponsored by a majority of the city council or the planning and zoning board. Compliance with this subsection renders the petition an official city mandate for presentation to the board of adjustment or the city council, as appropriate, for final decision, without fee.

(Code 1981, § 645.37; Ord. No. 02-2006, § 2, 3-21-06)

(a)

No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the building official in accordance with law.

(b)

The issuance of a permit upon plans and specifications shall not prevent the building official from thereafter requiring the correction of errors in such plans and specifications and requiring the correction of building operations being carried on thereunder to conform to corrected plans and specifications, when in violation of this Code.

(c)

No permit shall be issued for a building or use on a lot or parcel in any land use classification that does not abut on a public street or an approved private street or easement dedicated and accepted by the city providing legal access to a public street.

(Code 1981, § 645.03; Ord. No. 02-2006, § 2, 3-21-06)

(a)

All applications for building permits required under this chapter shall be made in conformity with this chapter and other applicable city ordinances or codes, including those ordinances or codes applicable to the building and construction industry. All applications for building permits shall be accompanied by the appropriate number of copies of plans, as determined by the building official, drawn to scale, showing the legal description and the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any, and the size, shape and location of the building or alteration, including accessory buildings or structures, if any. The application shall include such other information as lawfully may be required by the building official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter.

(b)

It shall be unlawful for any person to continue construction of any building or structure beyond grade beam form, stemwall form or monolithic slab form, as appropriate to the type of foundation construction, until a scaled form-board survey has been prepared by a Florida licensed surveyor and approved by the building official. One copy of the survey shall be filed with the city. The form-board survey shall be indicative of the intended placement of concrete for the foundation of the structure and shall include, at a minimum, the name and address of the project, the elevations at the top of the forms, the elevations of the centerline of the abutting roadway, the dimensions for the structure, the dimensions to the property lines, and the dimensions to other structures and improvements located on the same lot.

(c)

One copy of the plans shall be returned to the applicant by the building official, after he shall have marked such copy as permitted for construction and attested to such by his signature on such copy. This copy of the plans shall be available at the site of construction during all times when construction is being carried on. The second copy of the plans, similarly marked, shall be retained by the building official.

(d)

No building permit shall be granted for the construction, addition or alteration of a place of assembly, unless plans signed by a registered architect or registered engineer, according to the laws of the state governing the practice of architecture, accompany the permit application.

(e)

Where plans and specifications for construction in the city are revised by the city engineer, the actual costs of such review shall be paid by the applicant, whether a building permit is issued or not. The building official shall require a deposit of estimated cost upon receipt of the application for a building permit.

(Code 1981, § 645.04; Ord. No. 02-2006, § 2, 3-21-06)

The expiration date of the building permit shall be in accordance with the building code adopted in section 82-31.

(Code 1981, § 645.09; Ord. No. 02-2006, § 2, 3-21-06)

No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the city code or any other applicable law. If issuance of such certificate is refused, the building official shall state such refusal in writing with the reason. A temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.

(Code 1981, § 645.07; Ord. No. 05-2006, § 2, 6-20-06)

A certificate of occupancy for hotels and motels shall only be issued initially for a minimum of 150 units. After a hotel or motel project has received its initial certificate of occupancy for its first 150 units, subsequent certificates of occupancy may be issued for each building constructed thereafter. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued.

(Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20-98)