(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)

(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)

(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)

(a)

Purpose. The purpose of this section is to provide procedures for the review and approval of certified recovery residences within the town as required by F.S. § 397.487(15). Certified recovery residences, as defined below, shall be utilized solely for housing, peer support, and life skills training and shall not, under any circumstances, be utilized for clinical substance abuse treatment of any type or level of care, including but not limited to, detoxification, inpatient residential treatment, partial hospitalization, or outpatient treatment.

(b)

Definitions. When used in this section, the following terms shall have the meanings ascribed to them:

Certified recovery residence means a recovery residence that holds a valid certificate of compliance pursuant to F.S. § 397.487, and is actively managed by a certified recovery residence administrator.

Certified recovery residence administrator means a recovery resident administrator who holds a valid certificate of compliance pursuant to F.S. § 397.487.

Disabled individual or a disabled person means an individual that qualifies as disabled and/or handicapped under the Fair Housing Act, the Americans with Disabilities Act or other state or federal regulation and who: (i) has a physical or mental impairment which substantially limits one or major life activities; (ii) has a record of having such impairment; and (iii) is regarded as having such impairment.

Licensed service provider means a public agency under F.S. Ch. 397, a private for-profit or not-for-profit agency under F.S. Ch. 397, a physician or any other private practitioner licensed under this chapter, or a hospital that offers substance abuse services through one or more licensed service components.

Qualifying entity shall mean, a licensed service provider in the State of Florida as defined by F.S. § 397.311(25),, or an entity who is in the business of providing recovery residences for individuals disabled due to substance abuse.

Recovery residence means a residential dwelling unit or other form of group housing that is offered or advertised through any means by any person or entity as a residence that provides a peer-supported, alcohol-free, and drug-free living environment.

Recovery residence administrator means the person responsible for the overall management of the recovery residence, including but not limited to, the supervision of residents and staff employed by, or volunteering for, the residence.

Service component or component means a discrete operational entity within a service provider which is subject to licensing as defined by the rules adopted to implement F.S. Ch. 397.

Substance abuse means the misuse of, or dependence on alcohol, illicit drugs, or prescription medications.

(c)

Application procedure. Any applicant, whether a disabled individual or a qualifying entity, who wishes to operate a certified recovery residence within the town may apply for a reasonable accommodation with respect to the town's land development regulations, zoning laws, codes, rules, practices, and/or procedures by submitting an application for a reasonable accommodation pursuant this section.

(1)

All qualifying entities shall submit, as part of their application for a reasonable accommodation, proof of any licensable service component the qualifying entity holds pursuant to F.S. Ch. 397.

(2)

All qualifying entities or other providers of housing to persons in recovery shall submit such information as the town may deem sufficient to demonstrate that the entity is a certified recovery residence under state law.

(3)

All qualifying entities and other providers of housing to persons in recovery shall submit such information as the town may deem necessary to demonstrate that the administrator responsible for the overall management and the supervision of residents and staff is a certified recovery residence administrator under state law.

(4)

Applicants making application for a reasonable accommodation, whether individually or through a qualifying entity, shall submit proof that each individual is seeking a reasonable accommodation due to the individual's handicap or disability and that the requested accommodation is reasonable and necessary to afford the handicapped or disabled person equal opportunity to use and enjoy housing.

(5)

An applicant for a reasonable accommodation under this section shall apply using the form available from the town clerk's office. In addition to the information required above, the application shall, at a minimum:

a.

Provide the name and contact information of the applicant or the applicant's authorized representative.

b.

Identify the property address and the parcel identification number; and

c.

Describe the accommodation requested and the specific regulation or policy from which relief is sought.

(6)

The town shall display a notice on the town's website advising the public that an application for reasonable accommodation as provided in this section has been submitted to the town.

(7)

A disabled individual, qualifying entity, or other provider of housing to persons in recovery who has applied for a reasonable accommodation may be represented at all stages of the reasonable accommodation proceedings by a person designated by the disabled individual as their authorized agent. Any authorized agent representing an individual, or, if applicable, a qualifying entity or housing provider, shall submit a written authorization designating the individual as the agent authorized to legally bind the applicant to the representations in the application, or any conditions agreed to or imposed as part of the order of the special magistrate.

(8)

No application fee shall be imposed by the town in connection with an application for a reasonable accommodation.

(d)

Completed applications. All applications for a reasonable accommodation shall be date-stamped by the town clerk and reviewed by the town building official or designee. If additional information is required, the town building official or designee shall notify the applicant within thirty (30) days of receipt of the application and allow the applicant at least thirty (30) days to respond.

(e)

Special magistrate process.

(1)

All completed applications shall be considered by a special magistrate appointed by the town commission. The special magistrate shall be:

a.

A retired judge who has served in either the circuit court or a higher Florida court or as a federal district judge or circuit federal judge; or

b.

A practicing member of the Florida Bar with at least five (5) years of experience in the field of local government or land use law.

The code enforcement special magistrate may serve as the special magistrate pursuant to this section.

(2)

The town shall be responsible for mailing via certified mail a notice containing the date and time of the special magistrate's hearing to consider the application. All applications shall be considered by the special magistrate within sixty (60) days after receipt of a completed application or the application shall be deemed approved unless the town and the applicant agree in writing to a reasonable extension of time.

(3)

Upon consideration of the application and at the conclusion of the hearing, the special magistrate may:

a.

Grant the reasonable accommodation application as requested in whole or in part, with or without conditions; or

b.

Deny the reasonable accommodation application, stating with specificity the objective, evidence-based reasons for denial and identifying deficiencies or actions necessary for reconsideration, if any.

(4)

All decisions of the special magistrate shall be in writing. The written decision of the special magistrate shall constitute a final order and shall be sent to the applicant by certified mail, return receipt requested, at the address specified by the applicant on the application form. If denied, the applicant may appeal the final order by petition for writ of certiorari within thirty (30) days of the date it is rendered.

(f)

Revocation of approval. Any reasonable accommodation granted pursuant to this section shall be revoked if:

(1)

The applicant violates any conditions of approval; or

(2)

The applicant's required certifications lapse or are revoked and not reinstated within one hundred and eighty (180) days.

(Ord. No. 2026-001 meeting, § 2, 2-3-26)