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 ordinance, he may be provided with [the] assistance of such other officers and employees of the city as may be necessary to enforce the provisions of this ordinance. If the building official finds that any of the provisions of this ordinance are being violated, he shall notify in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to insure compliance with or to prevent violations of its provisions.

(A)

No person, firm or corporation shall commence, or cause to be commenced, the erection, construction or alteration of any building, structure, sign or canopy within the City of Cocoa, until an application for a permit therefor has been previously filed with the City of Cocoa as provided herein, [and in] the other ordinances of the city, and until a permit therefor has first been issued by the city. No person, firm or corporation shall commence, or cause to be commenced, any repair to any existing building, structure, sign or canopy in the City of Cocoa until an application for a permit therefor has been previously filed with the City of Cocoa as provided herein and by all other ordinances of the city. No repair shall be commenced upon any building, structure or sign until a permit therefor has been issued by the City of Cocoa, in every case where such proposed repairs will exceed five hundred dollars ($500.00) in cost. All work done on or pursuant to any building or sign permit issued by the City of Cocoa shall conform to the plans and/or specifications therefor as approved prior to the issuance of such permit, and any deviation therefrom shall constitute a violation of this Code.

(B)

The issuance of a permit upon plans and specifications shall not prevent the building official from thereafter requiring the correction of errors in said plans and specifications or preventing the building operations being carried on thereunder when in violation of this ordinance, or any city ordinance.

(C)

In the event that any natural disaster or act of vandalism necessitates emergency repairs to property during non-business hours, a property owner or tenant shall not be required to obtain the necessary permits until normal business hours resume. In all such cases, no violation nor fines shall be incurred, provided the property owner or tenant makes every attempt to notify the building department and obtain all necessary permits at the earliest possible date. In no event, however, shall any hardship exempt a property owner or tenant from obtaining all necessary permits. Where a clear indication of hardship is not apparent, the building official or duly designated authority shall render a determination.

(Ord. No. 16-91, §§ 2, 3, 10-8-91)

Every application for a permit to erect a building or structure or to materially alter a front or side elevation of any existing building or structure in the City of Cocoa shall be accompanied by two (2) sets of detailed plans, and such detailed structural drawings thereof as the building official may require. If the plans submitted do not furnish sufficient information to adequately show the scope of the planned construction for which a permit has been requested, then there shall be furnished, in addition to the two (2) sets of detailed plans, one (1) set of detailed specifications for each proposed work; both the plans and specifications, when required by law, shall be prepared by a registered architect or a registered engineer, qualified under the laws of the State of Florida to prepare such plans and specifications, and no permit therefor shall be issued until such plans (and specifications when required) shall have been approved by the building official. All such plans and specifications for buildings or structures to be erected in Cocoa, that are governed by state laws, must have the standard approval of the proper state authority before application is made for permit. All plans shall be drawn at a scale acceptable to the building official and shall show the following:

(A)

A plot plan which shall show the actual shape and dimensions of the lot or lots to be built upon, the exact size and location on the lot or lots or proposed and existing buildings and accessory buildings, and the existing and intended use of each building or part of a building existing and/or proposed, driveway, provisions for off-street parking and such other information with regard to the lot as may be necessary to determine compliance with these regulations.

(B)

The location and layout of the proposed sewage disposal system.

(C)

When applicable, the required loading and unloading spaces, maneuvering space and openings for ingress and egress.

(D)

When applicable, plans for grading and drainage showing any and all cuts, fills, provisions for the retention and treatment of storm water runoff as required by article XIII, transporting overflow to the storm drainage system, provisions for other surface water upon the premises and any surface water which would naturally flow over or through the area, shall be reviewed and approved by the city's engineer.

(E)

Specifications, when required shall be full and complete as to the character of the work, structural details, strength of material and workmanship.

(F)

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 ordinance.

One copy of the plans shall be returned to the applicant by the building official after he shall have marked such copy either as approved or disapproved and attested same by his signature on such copy. The original, similarly marked, shall be retained by the building official.

(Ord. No. 5-78, § 2, 4-18-78)

No land or building or part thereof, hereafter erected or altered in its use or structure shall be used until the building official shall have issued a certificate of occupancy stating that such land, building, or part thereof, and the proposed use thereof are found to be in conformity with the provisions of this ordinance. Within three (3) days after notification that a building or premises, or part thereof, is ready for occupancy or use, it shall be the duty of the building official to make a final inspection thereof. No nonconforming structure or use shall be maintained, renewed, changed, or extended until a certificate of occupancy shall have been issued by the building official. The certificate of occupancy shall state specifically where in the nonconforming use differs from the provisions of this ordinance, provided that upon enactment or amendment of this ordinance, owners or occupants of nonconforming uses or structures shall have six (6) months to apply for certificates of occupancy. Failure to make such application within six (6) months shall be presumptive evidence that the property was in conforming use at the time of enactment or amendment of this ordinance. Failure to obtain a certificate of occupancy will place upon the owner and lessee the entire burden of proof that such use of land or building existed on the effective date of this ordinance.

No certificate of occupancy shall be issued by the building official on any development unless and until street lights are provided in conformance with the specifications of this ordinance [Ordinance Number 9-87]; except on any development, which is more than fifty-one percent (51%) complete at the time of adoption of this ordinance [Ordinance Number 9-87]. Developer(s) will be required to pay to the city five (5) years rental fee on all street lights prior to a certificate of occupancy being issued. Fee will be determined by the city's engineering department during the time of site or plat review stage, based on current Florida Power and Light rate schedules.

(Ord. No. 9-87, § 5, 5-12-87)

Cross reference— Removal of construction debris prerequisite to certificate of occupancy, § 9-32.

If the work described in any building permit has not begun within six (6) months from the date of issuance thereof, said permit shall expire; it shall be cancelled by the building official and written notice thereof shall be given to the persons affected. If the work described in any building permit has not been substantially completed within one (1) year of the date of issuance thereof, said permit shall expire and be cancelled by the building official and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained. The building official may allow one (1) or more extensions not to exceed ninety (90) days each, for cause, if the application is made prior to the cancellation of said permit.

Building permits or certificates of occupancy issued on the basis of plans and applications approved by the building official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement, or construction in variance with that authorized shall be deemed a violation of this ordinance.

Editor's note— Ord. No. 06-2024, § 4, June 4, 2024, repealed § 7, which pertained to flag lots and derived from Ord. No. 16-80, § 1, adopted Nov. 11, 1980.