Provisions in the following chapters and sections shall constitute and be known and may be cited as "The Standard Housing Code", hereinafter referred to as "this code."

(Ord. No. 05-06-30, § 89)

This code 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 structural 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 or occupancy of residential buildings and accessory structures.

(Ord. No. 05-06-30, § 89)

A.

The provisions of this code shall apply to all buildings or portions thereof, all accessory structures or portions thereof located on residential property, used or unused, designed or intended to be used for human habitation or the storage of materials associated with human habitation.

B.

This code establishes minimum standards for occupancy, 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 code.

C.

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

(Ord. No. 05-06-30, § 89)

A.

Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of this code provided that the alteration, repair or rehabilitation work conforms to the requirements of this code for new construction. The housing official shall determine, subject to appeal to the CLEAB, the extent, if any, to which the existing building shall be made too conform to the requirements of this code for new construction.

B.

Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in section 12.19.108.D.

C.

If the occupancy classification of an existing building is changed from R1, R2 or R3 to any other occupancy classification, the building shall be made to conform to the intent of the technical codes for the new occupancy classification as established by the housing official.

D.

Repairs and alterations, not covered by the preceding sections of this article, restoring a building to its condition previous to damage or deterioration, or altering it in conformity with the provisions of this code 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 this code for new buildings.

(Ord. No. 05-06-30, § 89; Ord. No. 06-07-4, § 35)

The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the housing official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. The applicant must submit complete architectural and engineering plans and specifications bearing the seal of a registered professional engineer or architect.

(Ord. No. 05-06-30, § 89)

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 code in a building when erected, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures and premises.

(Ord. No. 05-06-30, § 89)

Nothing in this code shall be construed to cancel, modify or set aside any provision of the zoning ordinance of the authority having jurisdiction.

(Ord. No. 05-06-30, § 89)

A.

Enforcement officer. The Highlands County Building Official is hereby appointed the housing official.

B

Records. The housing official shall keep, or cause to be kept, a record of the business of the enforcement of this code.

C.

Right of entry.

1.

Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the housing official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.

2.

When the housing official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the housing official for the purpose of inspection and examination pursuant to this code.

D.

Unsafe residential buildings.

1.

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 considered unsafe buildings. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with article 12 of chapter 2, and chapter 5.6 of the Highlands County Code of Ordinances.

2.

Whenever the official determines that there are reasonable grounds to believe that there has been a violation of any provision of this code or of any rule or regulation adopted pursuant thereto, he shall provide all information regarding said violation to the code enforcement official, who shall give notice of such alleged violation to the person or persons responsible therefore and such alleged violations shall constitute a nuisance.

E.

Requirements not covered by code. Any requirement, not specifically covered by this code, found necessary for the safety health, and general welfare of the occupants of any dwelling, shall be determined by the housing official subject to appeal to the CLEAB.

F.

Liability. Any officer or employee, or member of the CLEAB, charged with the enforcement of this code, in the discharge of his duties, shall not thereby render himself liable personally, and he is 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 his duties. Any suit brought against any officer or employee because of this code shall be defended by the county until the final termination of the proceedings.

G.

Letter of compliance. A letter indicating compliance with the provisions of this code may be issued by the housing official.

(Ord. No. 05-06-30, § 89; Ord. No. 19-20-09, § 111)

The housing official 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 housing official, or his 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 housing official free access to such residential building and its premises, at all reasonable times for the purpose of such inspection, examination, and survey.

(Ord. No. 05-06-30, § 89)

Where the literal application of the requirements of this code would appear to cause undue hardship on an owner or tenant or when it is claimed that the true intent and meaning of this code or any of the regulations therein have been misconstrued or wrongly interpreted, the owner of such building or structure. or his duly authorized agent, may appeal the decision of the housing official to the CLEAB, as set forth in Article 3 of this chapter.

(Ord. No. 05-06-30, § 89)

The duties, decisions, procedure, meetings, records, and procedures of the CLEAB shall be pursuant to the requirements of Division 6 of Article 3 of this chapter.

(Ord. No. 05-06-30, § 89)

Any person receiving written notice from the housing official of deficiencies in his property under this code may within 30 days following the date of such notice enter an appeal in writing to the CLEAB. Such appeal shall state the location of the property, the date of the notice of violations, and the number of such notice. The appellant must state the variance or modification request, the reasons therefore, and the hardship or conditions upon which the appeal is made.

(Ord. No. 05-06-30, § 89)

Any person, firm, corporation or agent, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or has erected, constructed, altered, repaired, moved or demolished a building or structure in violation of this code shall be prosecuted within the limits provided by state or local laws. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, or continued and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws.

(Ord. No. 05-06-30, § 89)

Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change a residential building or structure or to cause any such work to be done, shall first make application to the housing official and obtain the required permit. Therefore, ordinary minor repairs may be made with the approval of the housing official without a permit, provided that such repairs shall not violate any of the provisions of this code.

(Ord. No. 05-06-30, § 89)

A.

Tense, gender and number. For the purpose of this code, certain abbreviations, terms, phrases, words, and their derivatives, shall be construed as set forth in this chapter. Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and plural number includes the singular.

B.

Special meaning and words not defined. Words not defined herein shall have the meanings stated in the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, Standard Gas Code or Standard Fire Prevention Code. Words not defined in the Standard Codes shall have the meanings in Webster's Ninth New Collegiate Dictionary, as revised. Wherever the words "dwelling," "dwelling units," "rooming house," "rooming units," and "premises" are used in this code, they shall be construed as though they were followed by the words, "or any part thereof."

(Ord. No. 05-06-30, § 89)

A.

Addition. An extension or increase in floor area or height of a building or stricture.

B.

Alter or alteration. Any chance or modification in construction or occupancy.

C.

Apartment. A dwelling unit as defined in this Code.

D.

Apartment house. Any building or portion thereof used as a multiple dwelling for the purpose of providing three or more separate dwelling units which may share means of egress and other essential facilities.

E.

Applicable governing body. A city, county, state agency or other political government subdivision or entity authorized to administer and enforce the provision of this code, as adopted or amended.

F.

Approved. Approved by the housing official or other authority having jurisdiction.

G.

Basement. That portion of a building between floor and ceiling, which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling, provided, however, that the distance from grade to ceiling shall be at least four feet six inches (1,372 mm).

H.

Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for 50 percent of its perimeter. The term "building" shall be construed as if followed by the words "or part thereof." (For the purpose of this Code each portion of a building separated from other portions by a fire wall shall be considered as a separate building.)

I.

Cellar. That portion of a building, the ceiling of which is entirely below grade or less than four feet six inches (1,372 mm) above grade.

J.

Dormitory. A space in a unit where group sleeping accommodations are provided with or without meals for persons not members of the same family group, in one room, or in a series of closely associated rooms under joint occupancy and single management, as in college dormitories, fraternity houses, military barracks and ski lodges.

K.

Dwelling. When used in this code without other qualifications, means a building occupied exclusively for residential purposes by not more than two families containing living, sleeping, housekeeping accommodations, cooking, and sanitary facilities for occupancy by one or more families.

L.

Dwelling unit. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, housekeeping accommodations, and sanitary facilities.

M.

Extermination. The control and extermination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods.

N.

Family. One or more persons living together, whether related by blood, marriage or adoption, and having common housekeeping facilities.

O.

Floor area. The total area of habitable space in a building or structure

P.

Garbage. The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Q.

Habitable room. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

R.

Hotel. Any building containing six or more guests rooms intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests.

S.

Housing official. The officer, or his duly authorized representative charged with the administration and enforcement of this code.

T.

Infestation. The presence within or around a dwelling, of any insects, rodents, or other pests.

U.

Inoperable motor vehicle. One which cannot be driven upon the public streets for reasons including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

V.

Major violation. A defect that exists on a property or structure that is immediately dangerous to the health, safety or welfare of the occupants, passerby or persons in contiguous areas; a defect that exists that seriously undermines that component or structural member which renders that component or member unsafe to use or exist in its present condition.

W.

Minor violation. A defect that exists on a property or structure that in its present state of disrepair, deterioration or absence, does not constitute an immediate hazard.

X.

Multiple dwelling. Any building, or portion thereof, which is occupied as the home or residence of more than two families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments.

Y.

Nuisance. The following shall be defined as nuisances:

1.

Any public nuisance known at common law or in equity jurisprudence.

2.

Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fence or structures; or any lumber, trash fences, debris or vegetation which prove a hazard for inquisitive minor.

3.

Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.

4.

Overcrowding a room with occupants.

5.

Insufficient ventilation or illumination.

6.

Inadequate or unsanitary central wastewater or plumbing facilities.

7.

Uncleanliness, as determined by the health officer.

8.

Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer.

Z.

Openable area. That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

AA.

Operator. Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

BB.

Owner. The holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with others:

1.

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

2.

Shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possessions, or assignee of rents, lessee or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this code, and of rules and regulations adopted, pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner.

CC.

Person. Any individual, firm, corporation, association or partnership.

DD.

Plumbing. The practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: Sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building, structure or conveyance; also the practice and materials used in the installation maintenance, extension, or alteration of stormwater liquid waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal.

EE.

Premises. A lot, plot or parcel of land including the buildings or structures thereon.

FF.

Public area. An unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the fire department and free of all incumbrances that might interfere with its use by the fire department.

GG.

Repair. The replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would affect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term "repair" or "repairs" shall not apply to any change of construction.

HH.

Required. Required by some provision of this Code.

II.

Residential buildings. Buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories. Such buildings include, among others, dwellings, multiple dwellings, and rooming houses.

JJ.

Rooming house. Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

KK.

Rooming unit. Any room or group of any rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

LL.

Rubbish. Combustible and noncombustible waste materials, except garbage, including the residue from the burning of wood, coal, coke or other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust.

MM.

Stairway. One or more flights of stairs and the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one story to another in a building or structure.

NN.

Story. That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

OO.

Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term "structure" shall be construed as if followed by the words "or part thereof."

PP.

Supplied. Paid for, furnished, or provided by or under control of, the owner or operator.

QQ.

Temporary housing. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

RR.

Valuation or value. As applied to a building, the estimated cost to replace the building in kind.

SS.

Ventilation. The process of supplying and removing air by natural or mechanical means to or from any space.

TT.

Yard. An unoccupied open space other than a court.

(Ord. No. 05-06-30, § 89; Ord. No. 16-17-17, § 288)

No person shall occupy as owner-occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements.

(Ord. No. 05-06-30, § 89)

A.

Sanitary facilities. 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 wastewater system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition free from defects, leaks and obstructions.

B.

Location of sanitary facilities. 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 floor space of 30 square feet (2.8 m ² ) with no dimension less than 4 feet (1,219 mm). Bathrooms shall be accessible from habitable rooms, hallways, corridors or other protected or enclosed area.

C.

Hot and cold water supply. Every dwelling unit shall have an adequate supply of both cold and hot water connected to the kitchen sink, lavatory, and tub or shower. All water shall be supplied through an approved distribution system connected to a potable water supply.

D.

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°F (49°C). Such water heating facilities shall be capable of meeting the requirements of this subsection 12.19.302.D when the dwelling or dwelling unit heating facilities required under the provisions of this code 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 Standard Plumbing Code ^TM to not less than 120°F (49°C).

E.

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.

2.

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

3.

Gas heaters listed for unvented use shall be permitted provided the total input rating of the heaters is less than 30 Btu per hour per cu ft (314 W/m ³ ) of room content. Such heaters shall be prohibited in bedrooms.

4.

The use of any liquid fueled unvented heating appliance shall be permitted in one and two-family residences only, providing such appliance is tested and listed by an approved laboratory according to requirements of UL 647 (1984) and providing the fuel is stored in containers meeting ASTM ES-8 for kerosene containers.

5.

Any metal flue pipe that has been connected to a wood heating appliance that has experienced a flue fire shall be replaced unless otherwise specified by the manufacturer's instructions.

6.

Any metal (pre-fab) fire place unit that has experienced a chimney fire shall be replaced unless otherwise specified by the manufacturer's instructions.

F.

Kitchen facilities. Every dwelling unit shall contain a kitchen equipped with the following minimum facilities.

1.

Food preparation surfaces imperviously to water and free of defects which could trap food or liquid.

2.

Shelving, cabinets or drawers for the storage of food and cooking and eating utensils, all of which shall be maintained in good repair.

3.

Freestanding or permanently installed cook stove. Portable electric cooking equipment shall not fulfill this requirement. Portable cooking equipment employing flame shall be prohibited.

4.

Mechanical refrigeration equipment for the storage of perishable foodstuffs.

Exception. Nothing herein shall preclude a written agreement between an owner and tenant that the tenant will furnish mechanical refrigeration equipment and/or a cook stove as required in this section. It shall be an affirmative defense available to an owner charged with a violation of this section if such an agreement exists.

G.

Garbage disposal facilities. Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, of a type and location approved by the applicable governing body.

H.

Fire protection. A person shall not occupy as owner-occupant nor 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 applicable governing body.

I.

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 (1989), Single and Multiple Station Smoke Detectors.

(Ord. No. 05-06-30, § 89; Ord. No. 06-07-4, § 36)

A.

Windows. 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 (914 mm) 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.

B.

Ventilation.

1.

Every habitable room shall have at least one window or sky light 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 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.

2.

Year round 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.

C.

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.

D.

Electric lights and outlets. Where there is electric service available to the building structure, every habitable room or space shall contain at least two separate and remote receptacle outlets. Bedrooms shall have, in addition, at least one wall switch controlled lighting outlet. In kitchens, two separate and remote receptacle outlets shall be provided (receptacles rendered inaccessible by appliances fastened in place or by appliances occupying dedicated space shall not be considered as these required outlets) and a wall or ceiling lighting outlet controlled by a wall switch shall be provided. Every hail, water closet compartment, bathroom, laundry room or furnace room shall contain at least one ceiling-mounted or wall-mounted lighting outlet. In bathrooms, the lighting outlet shall be controlled by a wall switch. In addition to the lighting outlet in every bathroom and laundry room, there shall be provided at least one receptacle outlet. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.

E.

Light in public halls and stairways. Every common hail 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 foot candle intensity (10.76 lux) at the floor in the darkest portion of the normally traveled stairs and passageways.

(Ord. No. 05-06-30, § 89)

Every electrical outlet and fixture, and all electrical wiring and equipment shall be installed, maintained and connected to a source of electric power in accordance with the provisions of the electrical code.

(Ord. No. 05-06-30, § 89)

A.

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. Residential buildings shall be placed on a continuous concrete or concrete block foundation. The foundation, to the extent aboveground, shall have a finished exterior, such as stucco, brick, wood, paint, or a similar type of material.

B.

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.

C.

Roofs.

1.

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.

2.

All portions, additions or sections of a roof including, but not limited to, the fascia, eave, soffit, sheathing, rafter tail, barge rafter, vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be complete with all trim strips, moldings, brackets, braces and supports in accordance with common building practices. No item shall display signs of deterioration, abuse or improper installation that could be construed to affect the purpose of that item or cause damage to the immediate area or roof structure, that could allow dampness or admit rain to the interior of that building.

D.

Means of egress. Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of 7 feet (2,134 mm) leading to a safe and open space at ground level. Stairs shall have a minimum head room of 6 ft 8 inches (2032 mm).

E.

Stairs, porches and appurtenances. 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.

F.

Protective railings. Protective railings shall be required on any unenclosed structure over 30 inches (762 mm) above the ground level or on any steps containing four risers or more.

G.

Windows. Every window shall be substantially weathertight, watertight and rodent proof and shall be kept in sound working condition and good repair.

H.

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.

I.

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

J.

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.

K.

Exterior doors.

1.

Every exterior door, basement or cellar door and hatchway shall be substantially weathertight, watertight, and rodent proof, and shall be kept in sound working condition and good repair.

2.

Every exterior door shall be provided with properly installed hardware that is maintained to insure reasonable ease of operation to open, close and secure in an open or closed position, as intended by the manufacturer of the door and the attached hardware.

L.

Exterior door frames.

1.

Exterior door frames shall be properly maintained and shall be affixed with weatherstripping and thresholds as required to be substantially weathertight, watertight and rodent and insect resistant when the door is in a closed position.

2.

Exterior door jambs, stops, headers and moldings shall be securely attached to the structure, maintained in good condition without splitting or deterioration that would minimize the strength and security of the door in a closed position.

M.

Screens.

1.

Dwelling units which do not have a central air conditioning system shall have screens on all exterior openable windows and doors used or required for ventilation. Screens on windows and doors shall be stretched and fitted and maintained without open rips or tears.

2.

A closing device shall be installed on all screen doors.

N.

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 water tight. All masonry joints shall be sufficiently tuck pointed to insure water and air tightness.

O.

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

P.

Interior floors, walls, and ceilings.

1.

Every floor, interior wall and ceiling shall be substantially rodent proof, 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.

2.

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.

Q.

Structural supports. Every structural element of the dwelling shall be maintained structurally sound and show no evidence of deterioration which would render it incapable of carrying normal loads.

R.

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 Standard Building Code. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition.

S.

Fire stopping and draft stopping.

1.

Fire stopping 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.

2.

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

T.

Interior doors. Every existing interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

U.

Interior door hardware. Every interior door shall be provided with proper hardware, securely attached and maintained in good condition. Hasp lock assemblies are not permitted on the exterior side of the door of habitable rooms.

V.

Bathroom doors. Privacy of bathrooms shall be afforded by doors complete with privacy hardware intended by the manufacturer for that purpose.

W.

Skirting.

1.

Existing skirting shall be maintained free from broken or missing sections, pieces or cross members. Skirting shall be securely attached and sized from the ground to the lower outside perimeter of the structure.

2.

Replacement or new skirting shall be constructed of materials intended for exterior use and properly sized and mounted to prevent free access to the crawl space of the structure. Crawl space access grille or door and ventilation grilles shall be sized according to local code requirements.

X.

Swimming pools. Residential swimming pools having water more than 24 inches deep shall be required to comply with barrier requirements as set out in Section R4501 of Chapter 45 of the Florida Building Code, as amended from time to time.

(Ord. No. 05-06-30, § 89; Ord. No. 16-17-17, § 289; Ord. No. 19-20-09, § 112)

A.

Required space in dwelling unit. Every dwelling unit shall contain at least 150 square feet (13.9 m ² ) of floor space for the first occupant thereof and at least an additional 100 square feet (9.3 m ² ) of floor area per additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.

B.

Required space in sleeping rooms. In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet (4.6 m ² ) of floor space for each occupant thereof.

C.

Minimum ceiling height.

1.

Habitable (space) rooms other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than seven feet (2,134 mm). Hallways, corridors, bathrooms, water closet rooms and kitchens shall have a ceiling height of not less than seven feet (2,134 mm) measured to the lowest projection from the ceiling.

2.

If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the room area. No portion of the room measuring less than five feet (1,524 mm) from the finished floor to the finished ceiling shall be included in any computation of the minimum room area.

D.

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, and

2.

The total window area in each room is equal to at least the minimum window area size as required in section 12.19.303.A; and

3.

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

4.

The total of openable window areas in each room is equal to at least the minimum as required under section 12.19.303.B except where some other device affording adequate ventilation is supplied.

(Ord. No. 05-06-30, § 89; Ord. No. 06-07-4, § 37)

A.

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.

B.

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 occupies or which is provided for his particular use.

C.

Garbage disposal. Every tenant of a dwelling or dwelling unit shall dispose of all his 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.

D.

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 inoperable motor vehicle, an ice box, 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., upon notice from the housing official.

E.

Extermination. Every owner of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, wood-destroying organisms, or other pests within the building or premises.

F.

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.

(Ord. No. 05-06-30, § 89)

A.

Compliance exceptions. No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this code except the provision of section 12.19.301 (general), section 12.19.302 (facilities required), and section 12.19.307 (sanitation requirements).

B.

License required. No person shall operate a rooming house unless he holds a valid rooming house license.

C.

Water closet, lavatory and bath facilities. At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and central wastewater system and in good working condition, shall be supplied for each four rooms within a rooming house wherever such facilities are shared. 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.

D.

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

E.

Minimum floor area for sleeping purposes. Every room occupied for sleeping purposes by one person shall contain at least 70 square feet (6.5 m ² ) of floor space and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.6 m ² ) of floor space for each occupant thereof.

F.

Exit requirements. 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 applicable governing body.

G.

Sanitary conditions. The operator of every rooming house 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 rooming house, and 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.

(Ord. No. 05-06-30, § 89; Ord. No. 06-07-4, § 38; Ord. No. 16-17-17, § 290)

A.

Dangerous structures. Any dwelling or 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 placarded by the housing official.

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.

B.

Form of notice. Whenever the housing official has declared a dwelling or multiple dwelling as unfit for human habitation and constituting a nuisance, he shall give notice to the owner of such declaration and placarding of the dwelling or multiple 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.

State the time occupants must vacate the dwelling units; and

4.

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 housing official shall institute such legal proceedings charging the person or persons, firm, corporation or agent with a violation of this Code.

C.

Service of notice. Service of notice to vacate shall be as follows:

1.

By delivery to the owner personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or

2.

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

3.

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

D.

Vacating of condemned building. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the housing official, shall be vacated within 30 days after notice of such condemnation has been given by the housing official to the owner and/or occupant of the building.

E.

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 housing official. The housing official shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

F.

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 in this section 12.19.500.E, occupancy of building of Division 5, Unfit Dwelling Procedure for Condemnation.

(Ord. No. 05-06-30, § 89; Ord. No. 06-07-4, § 39)