(A)

Director of code enforcement. The director of code enforcement is responsible for the enforcement of this Code except where otherwise specified herein. In addition, he may request the assistance of other appropriate officers or agencies of the City of Oakland Park when appropriate.

(B)

City manager's role. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of any ordinance or other regulation of the City of Oakland Park, the city manager, in addition to other remedies provided by ordinance, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct of business or use in or about such premises, regardless of whether a permit for such construction or use has been issued or not, and in case of failure of the City of Oakland Park to take proper action within a reasonable time, any taxpayer may do so.

(C)

Violations. The director of code enforcement and his staff shall investigate promptly all complaints of violations and report his findings and actions to complaints, and he shall use his best endeavors to prevent violations and to detect and cause violations to be corrected. If he finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for the violation, indicating the nature of the violation, and order the action necessary to correct it. He shall order the discontinuance of the illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by this chapter to insure compliance with or to prevent violation of these regulations.

(D)

Complaints. Whenever a violation of this chapter is alleged to have occurred, any person may file a complaint in writing and signed by the person complaining. Such complaints stating fully the cause and basis shall be filed with the zoning inspector. He shall properly record the complaint, immediately investigate, and take action as provided by this chapter. He shall maintain as a public record in his office the disposition made of all complaints.

(E)

Written records. The director of code enforcement shall maintain written records of all official actions of his office, of all complaints and actions taken, and of all violations discovered by whatever means, together with remedial action taken and disposition of all cases; and they shall be a public record.

(Ord. No. O-90-21, § 10, 10-17-90)

(A)

Building permit. The director of code enforcement shall be responsible for determining whether applications for building permits are in accord with the requirements of this chapter. No building permit shall be issued without written certification from the director of code enforcement or his designee that the plans conform to applicable zoning regulations. No building permit shall be issued for the erection, moving, addition to, or alteration of any building or structure except in conformity with the provisions of this chapter unless a written order is received as a result of an administrative review from a court of competent jurisdiction.

(B)

Required information. All applications for building permits shall, in addition to containing the information required by the building department and a site plan if required by article XII, shall meet the application form instructions of the director of code enforcement in order to determine compliance with and provide for the enforcement of the regulations in this chapter. The application shall be accompanied by a survey of the lot, made by a land surveyor or engineer licensed in Florida. If the application is for construction of a principal building, the survey shall have been prepared within the last six (6) months, and be deed abstracted for easements. Otherwise, the survey shall be accompanied by an agreement holding the city harmless for any fences or accessory buildings placed in easements. All property stakes shall be in place at the time of application.

(C)

Survey of replat. All permit applications for a building site obtained by redividing a portion of a recorded plat, specifically by crossing platted lot lines, shall be accompanied by a survey showing all existing structures, including abutting and adjoining lots.

(D)

Public improvement created nonconformity. Where an existing lot previously complied with the minimum area requirements of the zoning regulations, but because of public improvements through condemnation or such other legal proceedings, such lot is thereby placed in literal violation of the minimum width and area requirements of this chapter, the city manager shall have the discretion to waive the literal enforcement thereof, based upon hardship or good cause otherwise shown; provided, that no serious threat to the health, welfare or general appearance of the area is created. Such parcel may be occupied by a single-family residence or duplex and observe a minimum of five-foot side yard.

(E)

Certificate of zoning compliance. It shall be unlawful to use or occupy, or permit the use or occupancy of any building or premises, or any part changed, wholly or partly in its use or structure until a certificate of zoning compliance is issued by the zoning inspector stating that the proposed use of the structure or land conforms to the requirements of these zoning regulations. No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of zoning compliance and the certificate shall be issued in conformity with the provisions of these zoning regulations upon completion of the work. The zoning inspector shall maintain a record of all certificates of zoning compliance. The file shall be maintained as a public record. Failure to obtain a certificate of zoning compliance shall constitute a violation of this chapter.

(F)

Temporary certificate of zoning compliance. This certificate may be issued by the zoning inspector for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that the temporary certificate may include conditions and safeguards necessary under the circumstances to protect the safety of occupants and the general public.

(G)

Deviations from certified use. Building permits or certificates of zoning compliance issued on the basis of plans and specifications approved by the zoning inspector authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other. Use, arrangement, or construction different from that authorized shall be deemed a violation of this chapter. Statements made by the applicant on the building permit application shall be deemed official. Approval of the application by the zoning inspector shall in no way exempt the applicant from strict observance of applicable provisions of this chapter and all other applicable regulations, ordinances, codes and laws.

(H)

Excessive plumbing and wiring. When plans and specifications are submitted to the building and code enforcement departments of the city for a permit to erect a residential use in any zoning district, and should such plans and specifications, in the opinion of the building official or code enforcement officer, be of a structure which might be used contrary to the issued permit, or could easily be modified to serve such purpose, or that the plumbing, gas lines or electric wiring, other than that installed in the kitchen, may be used for purposes other than for the use as issued, then the building official or his designee shall have the right to refuse to issue a building permit thereof; provided, further, that all appeals from the decision of the building official shall be made to the board of adjustment of the City of Oakland Park for final disposition.

(I)

Permit issued in error. A building permit issued in error shall not confer any rights or privileges to the applicant to proceed in construction, and the City of Oakland Park shall have the power to revoke such a permit whether or not actual construction has commenced.

(J)

Properties in violation. When a property has been found to be in violation of this chapter and the violation has not been corrected, no permit(s) shall be issued unless the permit(s) is to correct the violation(s) or is required to use the property in compliance with this chapter. It is the express intent of this subsection not to prohibit any repair necessary to comply with Chapter 5, Building, Construction and Minimum Housing, Article IV, Minimum Housing Code; or any permit necessary to comply with this chapter whether or not a violation has been found.

(Ord. No. O-90-21, § 10, 10-17-90; Ord. No. O-2014-011, § 2, 6-18-14)

When a change of text of regulating residential densities, permitted land uses, dimensional and other regulations contained in this chapter is being considered by the city, for a period of time not to exceed six (6) months after first advertised notice of public hearing before the city commission has been published by the city, no permit or license shall be issued by the city where the issuance of such permit or license would result in the nonconforming or unlawful use of the property should such proposed change be adopted; provided that, if final action by the city commission is not taken on the proposed change within six (6) months from the date of such publication, the permit or license shall be issued.

(Ord. No. O-90-21, § 10, 10-17-90)

(A)

Violation shall constitute a misdemeanor. Violation of the provisions of these regulations, or failure to comply with any of the requirements, including violations of conditions and safeguards established in connection with site plans, variances or conditional uses, shall constitute a misdemeanor.

(B)

Owner or tenant or other person. The owner or tenant of any building, structure, premises, or part, and any architect, building 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 provided.

(C)

Fine and/or imprisonment and violations. Any person, firm, partnership, corporation, association, or any combination of any thereof, who violates these zoning regulations or fails to comply with any of the requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty (60) days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(D)

Other lawful action. Nothing shall prevent the city from taking other lawful action, including, but not limited to, resort to equitable action, necessary to prevent or remedy any violation.

(Ord. No. O-90-21, § 10, 10-17-90)