§ 22-278. Maintenance standards and requirements.

(a)

Scope. The provisions of this section shall govern the minimum conditions and the responsibilities of persons for maintenance of structures and exterior property.

(b)

Responsibility. The owner of the premises shall maintain the building, structure and property in compliance with these requirements, except as otherwise provided for in this article. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this article.

Maintenance responsibility for mobile homes and premises located within mobile home parks lies with the responsible party, dependant on that party's property ownership. Pursuant to F.S. § 723.024, no code enforcement action shall be brought against a mobile home owner or mobile home for any duty or responsibility of the mobile home park owner. No code enforcement action shall be brought against any mobile home park owner or mobile home park property for any duty or responsibility of the mobile home owner.

(c)

Permit required. Any owner, authorized agent, or contractor shall not construct, enlarge, erect, alter, repair, move, improve, remove, convert, demolish, or change the occupancy of any building or structure, or cause the same to be done, without first obtaining a building permit as required by the building code division or permits as may be required by other county agencies for such construction activities.

(d)

Occupancy and use. A new building or structure shall not be used or occupied or a change made in the occupancy, nature or use of a building or part of a building until a certificate of occupancy has been issued for the new building or for the new use.

(e)

Building and structure requirements. Buildings and structures shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. The maintenance standards listed below provide the minimum requirements and criteria for compliance with this section:

(1)

Exterior surfaces. All exterior surfaces, including but not limited, to doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition.

(2)

Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; maintained weatherproof and properly surface coated where required to prevent deterioration.

(3)

Roofs and drainage. All roofs and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure.

(4)

Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awning, fire escapes, standpipes and exhaust ducts shall be maintained in good condition.

(5)

Stairways, decks, porches and balconies. Every stairway, landing, deck, porch, balcony, or walking surface and all appurtenances attached thereto, shall be maintained safe, sound and in good condition.

(6)

Handrails and guards. Every handrail and guard shall be firmly fastened shall be maintained in good condition.

(7)

Windows and skylights. Every window and skylight shall be kept in sound condition, good repair and weather tight and comply with the following:

a.

All glazing materials shall be maintained free from cracks and holes.

b.

Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

(8)

Doors. All doors, door assemblies and hardware maintained in good condition. Every door shall be capable of being easily opened and closed.

(9)

Storm shutters. Windows and doors in occupied dwelling units shall not be boarded or covered, except for the temporary installation or closure of storm shutters, panels, or other hurricane protection devices during the threat of storm. While such protection is provided, at least one door leading directly to the building exterior shall be provided.

(f)

Plumbing fixtures. All plumbing fixtures shall be maintained in working order, and shall be kept free from obstructions, leaks, and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

(g)

Plumbing facilities. Plumbing facilities and fixtures shall be provided and maintained in compliance with the requirements of this section.

(1)

Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory.

(2)

Rooming house. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

(3)

Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.

(4)

Public toilet facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition.

(h)

Water system. Every sink, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with running water.

(i)

Mechanical equipment and appliances. All mechanical equipment and appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be maintained in a safe condition.

(j)

Electrical equipment. All electrical equipment and wiring shall be maintained in safe and in good working condition.

(k)

Accessory structures. All accessory structures, including but not limited to, detached garages, sheds, fences and walls, shall be maintained structurally sound and in good condition.

(l)

Swimming pools, spas, and hot tub barriers. Private swimming pools, hot tubs, and spas, containing water more than 24 inches in depth shall be completely surrounded by a fence or barrier complying with the following criteria:

(1)

Fences or barriers must be at least 48 inches in height above the finished ground level measured on the side of the barrier away from the pool. The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.

Exception: Permanent natural or permanent manmade features such as bulkheads, canals, lakes, navigable waterways, etc., adjacent to swimming pools and spas may be permitted as a barrier.

(2)

Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position six inches from the gate post.

(3)

The structure of an above ground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this section. In addition, any ladder or steps that are the means of access to an above ground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this section.

(4)

A cover or other approved preventative measures that inhibits access to the water of swimming pools, spas and hot tubs may be used to meet the barrier requirement. Such covers or preventative measures must be constructed, installed and maintained to safeguard against access by children to the water contained within. Cover ties, attachment points, anchors, controls for automatic covers, or other fastening means must include provisions such as keys, combination locks, special tools, devices, inaccessible locations, and the like to inhibit children from removing or operating the cover or preventative measure.

(5)

No existing pool enclosure shall be replaced or changed in a manner that reduces its effectiveness as a safety barrier.

(m)

Marine structures. All marine structures, including but not limited to, docks, boat houses, boat lifts, piers, wharfs, bulkheads, seawalls and revetments shall be maintained structurally sound and in good condition.

(n)

Signs. All signs including their supports, braces, guys and anchors, shall be maintained so as to ensure the structural integrity of the sign. Sign surfaces shall be kept in good condition, and illumination, if provided, shall be maintained in a safe condition.

(o)

Vacant buildings and structures. All vacant, unoccupied, or abandoned buildings and structures and premises thereof shall be maintained in a clean, safe secure and sanitary condition as provided herein so as not to adversely affect the public health, safety, and welfare. The maintenance standards listed below provide the minimum requirements and criteria for compliance with this section:

(1)

All exterior walls shall be free from holes, breaks, and loose or rotting materials; maintained weatherproof and properly surface coated where required to prevent deterioration. All roofs and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure.

(2)

Vacant buildings and structures must be secured in a manner to prevent entry by unauthorized persons. Boarding, closing or otherwise securing of door and window openings on vacant, unoccupied buildings and structures, so as not to be an attractive nuisance, is authorized.

(3)

Vacant buildings and structure and surrounding premises must be kept clean free from the accumulation of trash, debris or open storage of construction materials and overgrowth of vegetation.

(4)

Partially constructed, unfinished, or partially demolished buildings, where the building is without any roof structure or covering, the remaining exterior walls are of reinforced concrete or reinforced concrete block, and the floor is concrete may continue in such partially constructed condition subject to the following:

a.

The building must be open to the air and the sky and all interior areas surrounded by walls must be visibly open so as not to provide shelter or a harbor for unauthorized persons, or nuisance or unlawful activities.

b.

All walls must be in good condition, structurally stable, and capable of resisting high winds.

c.

The building floor area and premises must be maintained clean and free from any accumulation of trash, debris, or construction materials.

(Ord. No. 2011-33, § 3, 10-4-11)