Brevard County |
Code of Ordinances |
Chapter 22. BUILDINGS AND BUILDING REGULATIONS |
Article III. PROPERTY MAINTENANCE |
Division 1. GENERALLY |
SubDivision I. Property, building and structure maintenance |
§ 22-276. Scope and authority.
(a)
Scope. The provisions of this article shall apply to all existing residential, commercial, institutional and industrial buildings and structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for safe and sanitary maintenance and for the administration and enforcement and penalties.
(b)
Intent. This article shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
(c)
Maintenance. Equipment, systems, devices and safeguards required by this article or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or disconnected for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this article are not intended to provide the basis for removal or abrogation of the fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.
(d)
Authority. The county manager or designee is authorized and directed to enforce the provisions of this article and shall have the authority to render interpretations of this article and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this article. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this article.
(e)
Existing remedies. The provisions of this article shall not be construed to abolish or impair existing remedies of the county or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe or unsanitary.
(f)
Conflicts. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in a specific case different sections of this article specify different requirements, the most restrictive shall govern.
(g)
Severability. If a section, subsection, sentence, clause, or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of remaining portions.
(Ord. No. 2011-33, § 3, 10-4-11)