This article is hereby declared to be remedial and shall be construed to secure the beneficial interests and purposes thereof, which are public safety, health, and general welfare, through structure strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use, and occupancy of residential buildings.

The provisions of this article shall apply to all vacant buildings or portions thereof used, or designed or intended to be used, for human habitation, regardless of when such building may have been constructed.

This article establishes minimum standards for occupancy of a vacant structure, and does not replace or modify standards otherwise established for construction, replacement or repair of buildings except such as are contrary to the provisions of this article.

Buildings or structures moved into or within the county shall comply with the requirements in the county building code for new buildings.

9.3.1. Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of this article provided that the alteration, repair or rehabilitation work conforms to the requirements of the county building code for new construction. The Land Development Regulation Administrator shall determine, subject to appeal to the Board of Adjustments, the extent, if any, to which the existing building shall be made to conform to the requirements of this article for new construction.

9.3.2. Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in section 2.1 of these land development regulations.

9.3.3. If the occupancy classification of an existing building is changed, the building shall be made to conform to the intent of this article for the new occupancy classification as established by the Land Development Regulation Administrator.

9.3.4. Repairs and alterations, not covered by the preceding paragraphs of this section, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this article or in such manner as will not extend or increase an existing nonconformity or hazard, may be made with the same kind of materials as those of which the building is constructed; but not more than 25 percent of the roof covering of a building shall be replaced in any period of 12 months unless the entire roof covering is made to conform with the requirements of the county building code for new buildings.

The provisions of this article relating to the construction, alteration, repair, enlargement, restoration, relocation or moving [of] buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the comprehensive plan or these land development regulations as historic buildings when such buildings or structures are judged by the Land Development Regulation Administrator to be safe and in the public interest of health, safety and general welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings. The applicant shall submit complete architectural and engineering plans and specifications bearing the seal of a professional engineer or architect registered in the State of Florida.

All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this article in a building when erected, altered, or repaired shall be maintained in good working order. The owner, or his or her designated agent, shall be responsible for the maintenance of buildings, structures and premises.

Nothing in this article shall be construed to cancel, modify, or set aside any other provision of these land development regulations.

The Land Development Regulation Administrator shall be the enforcement officer of the provisions of this article.

An officer or employee of the county shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, or in the making of plans or of specifications therefor, unless he or she is the owner of such building. Such officer or employee shall not engage in any work which is inconsistent with his or her duties or with the interests of the county.

The Land Development Regulation Administrator shall keep, or cause to be kept, a record of such actions related to this article.

The Land Development Regulation Administrator shall enforce the provisions of this article, and such Land Development Regulation Administrator, or their duly authorized representative, upon presentation of proper identification to the owner, agent, or tenant in charge of such property, may enter any building, structure, dwelling, apartment, apartment house, or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, in which case the above limitations shall not apply.

All residential buildings or structures used as such which are unsafe, unsanitary, unfit for human habitation, or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are severally, in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the following procedure:

9.11.1. Whenever the Land Development Regulation Administrator determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, he or she shall give notice of such alleged violation to the person or persons responsible therefor and such alleged violations shall constitute a nuisance. Such notice shall:

1.

Be in writing;

2.

Include a statement of the reasons why it is being issued;

3.

Allow 120 days' time for the performance of any act it requires;

4.

Further state that, if such repairs, reconstruction, alterations, removal, or demolition are not voluntarily completed within the stated time as set forth in the notice, the Land Development Regulation Administrator shall institute such legal proceedings charging the person or persons, firm, corporation, or agent with a violation of this article;

5.

Include a statement advising that any person having any legal interest in the property may appeal the notice by the Land Development Regulation Administrator to the Board of Adjustment; and that such appeal shall be in writing and in the form specified by the county and shall be filed with the Land Development Regulation Administrator within 30 days from the date of the notice and that failure to appeal in the time specified will constitute a waiver of all rights to an appeal.

9.11.2. Service of notice shall be as follows:

1.

By depositing the notice in the United States post office addressed to the owner at his or her last known address with postage prepaid thereon; or

2.

By posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises to be repaired.

9.11.3. When a residential building is to be demolished, it shall be done so in accordance with the provisions of article 10 of these land development regulations.

Any requirement, not specifically covered by this article, found necessary for the safety, health, and general welfare of the occupants of any dwelling shall be determined by the Land Development Regulation Administrator and is subject to appeal to the Board of Adjustment.

Any officer or employee charged with the enforcement of this article, in the discharge of their duties, shall not thereby render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any officer or employee because of this article shall be defended by the county attorney until the final termination of the proceedings.

A letter indicating compliance with the provisions of this article may be issued by the Land Development Regulation Administrator.

The Land Development Regulation Administrator shall make or cause to be made inspections to determine the condition of residential buildings and premises in the interest of safeguarding the health and safety of the occupants of such buildings and of the general public. For the purpose of making such inspections, the Land Development Regulation Administrator, or their agent, is hereby authorized to enter, examine, and survey at all reasonable times all residential buildings and premises. The owner or occupant of every residential building or the person in charge thereof shall give the Land Development Regulation Administrator free access to such residential building and its premises, at all reasonable times, for the purpose of such inspection, examination, and survey.

(Refer to section 12.3.4 [12.1.3] of these land development regulations.)

All decisions of the Board of Adjustment to vary the application of any provision of this article or to modify an order of the Land Development Regulation Administrator shall specify in what manner such variance or modification is made, the conditions upon which it is made, and the reasons therefor. Every decision shall be promptly filed in the office of the Land Development Regulation Administrator.

(Refer to section 12.1.4 [12.1.3] of these land development regulations.)

No person shall occupy as owner-occupant or let or sublet to another for occupancy any vacant dwelling or vacant dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein without first obtaining a certificate of land development regulation compliance from the county's Land Development Regulation Administrator, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements.

9.19.1. Sanitary facilities required. Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condition and properly connected to an approved water and sanitary sewer system. Every plumbing fixture and water and wastewater pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks, and obstructions.

9.19.2. Location of sanitary facilities.

(1)

All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, tub or shower and lavatory shall be located in a room affording privacy to the user and such room shall have a minimum floorspace of 30 square feet, with no dimension less than four feet; and

(2)

Bathrooms shall be accessible from habitable rooms, hallways, corridors or other protected or enclosed areas, not including kitchens or other food preparation areas.

9.19.3. Hot and cold water supply. Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water.

9.19.4. Water heating facilities. Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Minimum storage capacity of the water heater shall be 30 gallons unless a "tankless" water heater is installed and operable. Such water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of this article are not in operation. Apartment houses may use a centralized water heating facility capable of heating an adequate amount of water as required by the Southern Standard Plumbing Code to not less than 120 degrees Fahrenheit.

9.19.5. Heating facilities.

(1)

Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least 70 degrees Fahrenheit at a distance three feet above floor level, under ordinary minimum winter conditions;

(2)

Where a central heating system is not provided, each dwelling unit shall be provided with facilities whereby heating appliances may be connected;

(3)

Unvented fuel burning heaters shall be prohibited except for gas heaters listed for unvented use and the total input rating of the unvented heaters is [shall be] less than 30 British thermal units per hour per cubic feet of room content; and

(4)

Unvented fuel burning heaters shall be prohibited in bedrooms.

9.19.6. Cooking and heating equipment. All cooking and heating equipment and facilities shall be installed in accordance with the building, mechanical, gas or electrical code and shall be maintained in a safe and good working condition. Portable cooking equipment employing flame is prohibited.

9.19.7. Garbage disposal facilities. Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers.

9.19.8. Fire protection. A person shall not occupy as owner-occupant or shall let to another for occupancy any building or structure which does not comply with the applicable provisions of the fire prevention code of the county.

9.19.9. Smoke detector systems. Every dwelling unit shall be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendations and listing. When activated, the detector shall provide an audible alarm. The detector shall be tested in accordance with and meet the requirements of UL 217, Single and Multiple Station Smoke Detectors.

9.20.1. Size. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be eight percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least 15 percent of the total floor area of such room.

9.20.2. Habitable rooms.

(1)

Every habitable room shall have at least one window or skylight which can be easily opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45 percent of the minimum window area size or minimum skylight type window size, as required, or shall have other approved, equivalent ventilation; and

(2)

Yearround mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. Window type air conditioning units are not included in this exception.

9.20.3. Bathroom. Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilating system.

9.20.4. Electric lights and outlets required. Where there is electric service available to the building structure, every habitable room or space shall contain at least two separate and remote convenience outlets and bedrooms shall have, in addition, at least one wall switch controlled ceiling or wall type light fixture. In kitchens, three separate and remote convenience outlets shall be provided, and a wall or ceiling type light fixture controlled by a wall switch shall be required. Every hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least one electric fixture. In bathrooms, the electric light fixture shall be controlled by a wall switch. In addition to the electric light fixture, in every bathroom and laundry room, there shall be provided at least one convenience outlet. Any new bathroom outlet shall have ground-fault circuit interrupter protection. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.

9.20.5. Light in public halls and stairways. Every common hall and inside stairway in every building, other than one-family dwellings, shall be adequately lighted at all times with an illumination of at least one footcandle intensity at the floor in the darkest portion of the normally traveled stairs and passageways.

Every electrical outlet and fixture required by this article shall be installed, maintained, and connected to a source of electric power in accordance with the provisions of the electrical code of the county.

9.22.1. Foundation. The building foundation system shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon.

9.22.2. Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All siding material shall be kept in repair.

9.22.3. Roofs. Roofs shall be structurally sound and maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building.

9.22.4. Means of egress. Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of seven feet leading to a safe and open space at ground level. Stairs shall have a minimum headroom of six feet eight inches.

9.22.5. Stairs, porches and appurtenance. Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.

9.22.6. Protective railings. Protective railings shall be required on any unenclosed structure over 30 inches from the ground level or on any steps containing four risers or more.

9.22.7. Windows and doors. Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight, and rodentproof, and shall be kept in sound working condition and good repair.

9.22.8. Windows to be glazed. Every window sash shall be fully supplied with glass window panes or an approved substitute which are without open cracks or holes.

9.22.9. Window sash. Window sash shall be properly fitted and weathertight within the window frame.

9.22.10. Windows to be openable. Every window required for light and ventilation for habitable rooms shall be capable of being easily opened and secured in position by window hardware.

9.22.11. Hardware. Every exterior door shall be provided with proper hardware and be maintained in good condition.

9.22.12. Door frames. Every exterior door shall fit reasonably well within its frame so as to substantially exclude rain and wind from entering the dwelling building.

9.22.13. Screens. Dwelling units which do not have a central air conditioning system shall have screens on all exterior openable windows and shall have a screen door with a self-closing device on all exterior doors except for the one main entrance door.

9.22.14. Protective treatment. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All siding shall be weather resistant and watertight. All masonry joints shall be sufficiently tuck pointed to insure water and air tightness.

9.22.15. Accessory structures. Garages, storage buildings, and other accessory structures shall be maintained and kept in good repair and sound structural condition.

9.22.16. Interior floor, walls, and ceilings. Every floor, interior wall, and ceiling shall be substantially rodentproof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon.

Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

9.22.17. Structural supports. Every structural element of the dwelling shall be maintained structurally sound and show no evidence of deterioration which would render them incapable of carrying loads which normal use may cause to be placed thereon.

9.22.18. Protective railings for interior stairs. Interior stairs and stairwells more than four risers high shall have handrails located in accordance with the requirements of the building code. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition.

9.22.19. Firestopping and draftstopping.

(1)

Firestopping shall be maintained to cut off all concealed draft openings both horizontal and vertical and to form a fire barrier between floors and between the upper floor and the roof space; and

(2)

Draftstopping shall be maintained to cut off all concealed draft openings in floor/ceiling assemblies and in attics.

9.23.1. Required space in dwelling unit. Prior to the issuance of a certificate of land development regulation compliance the dwelling unit shall contain at least 150 square feet of floorspace for the first occupant thereof and at least 100 additional square feet of floor area per additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.

9.23.2. Required space in sleeping rooms. Prior to the issuance of a certificate of land development regulation compliance in every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floorspace, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floorspace for each occupant thereof.

9.23.3. Minimum ceiling height. Prior to the issuance of a certificate of land development regulation compliance all habitable rooms other than kitchens, storage rooms, and laundry rooms shall have a ceiling height of not less than seven feet. Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than seven feet measured to the lowest projection from the ceiling.

If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than five feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.

9.23.4. Occupancy of dwelling unit below grade. No basement or cellar space shall be used as a habitable room or dwelling unit unless:

(1)

The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness;

(2)

The total of window area in each room is equal to at least the minimum window area size as required in this article;

(3)

Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and

(4)

The total of openable window area in each room is equal to at least the minimum as required in this article, except where there is supplied some other device affording adequate ventilation.

9.24.1. Sanitation. Every owner of a multiple dwelling shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the dwelling and premises thereof.

9.24.2. Cleanliness. Every tenant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he or she occupies or which is provided for his or her particular use.

9.24.3. Garbage disposal. Every tenant of a dwelling or dwelling unit shall dispose of all his or her garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage or rubbish storage containers.

9.24.4. Care of premises. It shall be unlawful for the owner or occupant of a residential building, structure, or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, icebox, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc.

9.24.5. Extermination. Every occupant of a one-family dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises.

9.24.6. Use and operation of supplied plumbing fixtures. Every tenant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

No person shall operate a roominghouse, or shall occupy or let to another for occupancy any rooming unit in any roominghouse, except in compliance with the provisions of every section of these land development regulations.

9.25.1. Water closet, lavatory and bath facilities.

(1)

At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sanitary sewer system and in good working condition, shall be supplied for each four rooms within a roominghouse wherever said facilities are shared; and

(2)

All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities.

9.25.2. Water heater required. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times.

9.25.3. Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floorspace and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floorspace for each occupant thereof.

9.25.4. Exit requirement. Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the building code of the county.

9.25.5. Sanitary conditions. The operator of every roominghouse shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the roominghouse; and he or she shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator.

The designation of vacant dwellings or vacant dwelling units as unfit for human habitation and the procedure for the condemnation and posting of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

9.26.1. Dangerous structures. Any vacant dwelling or vacant dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and declared to be a nuisance and shall be so designated and posted by the Land Development Regulation Administrator. A dangerous structure is:

1.

One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public.

2.

One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or the public.

9.26.2. Form of notice. Whenever the Land Development Regulation Administrator has declared a vacant one-family dwelling or multiple-family dwelling as unfit for human habitation and constituting a nuisance, he or she shall give notice to the owner of such declaration and posting of the one-family dwelling or multiple-family dwelling as unfit for human habitation. Such notice shall:

1.

Be in writing;

2.

Include a description of the real estate sufficient for identification;

3.

Further state that, if such repairs, reconstruction, alterations, removal, or demolition are not voluntarily completed within the stated time as set forth in the notice, the Land Development Regulation Administrator shall institute such legal proceedings charging the person or persons, firm, corporation, or agent with a violation of this article.

[4.]

Include a statement advising that any person having any legal interest in the property may appeal the notice by the Land Development Regulation Administrator to the Board of Adjustment, and that such appeal shall be in writing and in the form specified by the county and shall be filed with the Land Development Regulation Administrator within 30 days from the date of the notice and that failure to appeal in the time specified constitutes a waiver of all rights to an appeal.

9.26.3. Service of notice. Service of notice shall be as follows:

1.

By depositing the notice in the United States post office addressed to the owner at his last known address with postage prepaid thereon; or

2.

By posting and keeping posted for 24 hours a copy of the notice in placard form in a conspicuous place on the premises.

9.26.4. Occupancy of building. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until approval is secured from and such placard is removed by the Land Development Regulation Administrator. The Land Development Regulation Administrator shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

9.26.5. Removal of placard or notice. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided herein.