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Highland Beach City Zoning Code

ARTICLE VII

- ADMINISTRATION AND ENFORCEMENT

Sec. 30-121. - Certificates of occupancy or completion.

(a)

Issuance of certificates of occupancy or completion. Certificates of occupancy or completion shall be issued by the building official. A certificate of occupancy shall not be issued until a determination of compliance with all requirements of this chapter, the building code, any conditions of development approval applicable to the structure or property, and any other requirements of other governmental agencies.

(b)

Certificates of occupancy or completion required. Certificates of occupancy or completion shall be issued prior to any use or occupancy of a building, structure. Appeals from the provisions of this section from a decision of the building official will be heard by the board of adjustment and appeals.

(c)

Exceptions. Certificates of occupancy for sales models or similar uses and structures shall be granted only by the town commission.

(d)

Temporary certificates of occupancy or completion; prohibited. Temporary certificates of occupancy or completion shall not be issued. All certificates of occupancy or completion to be issued shall be permanent.

(e)

Records. The building department shall maintain a record of all certificates of occupancy or completion issued by the town.

(f)

Failure to obtain. Failure to obtain certificate of occupancy or completion shall be a violation of this chapter and enforced as provided in chapter 2 of this Code.

(g)

Construction and use. Certificates of occupancy or completion 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. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter, and enforceable as provided in chapter 2 of this Code.

(Ord. No. 684, Art. VII, § 1, 7-25-00)

Sec. 30-122. - Building permits.

(a)

Building permits required. All construction within the Town of Highland Beach, unless otherwise exempted, shall require a building permit issued pursuant to the provisions of this Code. All building permits shall be issued by the building official or designee.

(b)

Expiration of building permit. Every building permit issued shall expire six (6) months after issuance, unless the work authorized by such permit is commenced within that time period. A building permit shall expire if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. Not more than two (2) extensions of time, each for a period not exceeding ninety (90) days, may be allowed by the building official.

(c)

Failure to complete. If the work authorized by a building permit has not been substantially completed within two (2) years of the date of issuance, said permit shall expire and immediately be canceled by the building official. Written notice of cancellation via certified mail, shall be provided to the owner of the property. The notice shall state that further work as described in the canceled permit shall not proceed. In order to proceed, a new building permit is necessary, along with any site plan or development review procedures applicable to the site. Additional fees for such new building permits may be waived by the town commission.

(d)

Construction and use. Building permits 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. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter, and enforceable as provided herein.

(Ord. No. 684, Art. VII, § 2, 7-25-00)

Sec. 30-123. - Enforcement, violations and penalties.

(a)

Violations. Violations of the code, including violations of any conditional of approval contained in an approved development order, shall be enforced as provided in chapter 2, article V. The building official shall issue a notice of violation to be followed by a citation if the violation is not corrected. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof, be fined the maximum as allowed by state law, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(b)

Other violators. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(c)

Signs and notices. It shall be a misdemeanor, punishable as provided by state law, for any person to destroy, move or remove, deface, or obscure any sign or notice erected or posted pursuant to the requirements of this chapter.

(d)

Other remedies preserved. Nothing contained herein shall prevent the town from taking any other lawful action necessary to prevent or remedy any violation.

(e)

Construction and use. Building permits and 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. Use, arrangement, or construction at variance with that authorized shall be deemed in violation of this chapter, and enforceable as provided herein.

(Ord. No. 684, Art. VII, § 3, 7-25-00)