§ 22-280. Abatement of unsafe buildings and structures.

All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide 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, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared unlawful and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this section.

(1)

General. The building official or his designee shall make a finding when any building, structure or portion thereof constitutes a public nuisance as an unsafe building or structure. The abatement of an unsafe building, structure or portion thereof shall be processed as a code enforcement case in accordance with Brevard County Code of Ordinances Chapter 2, Article VI, Division 2 and F.S. ch. 162.

(2)

Unsafe building criteria. For the purpose of this article, any structure or premises that have any or all of the conditions or defects described below shall be considered unsafe building or structures:

a.

Any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic.

b.

Any means of egress or portion thereof, such as or not limited to fire doors, closing devices and fire resistive ratings, in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic.

c.

Any portion of the building, structure, appurtenance, or portion thereof has been damaged by fire, flood, earthquake, wind, deterioration, neglect, abandonment, vandalism, or by any other cause to the extent that it is likely to partially or completely collapse, or to become detached or dislodged.

d.

Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value.

e.

The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

f.

The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

g.

The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

h.

Any building, structure or portion thereof has been constructed, exists, or is maintained in violation of a specific requirement or prohibition of the Florida Building Code, or the Florida Fire Prevention Code, or of any law or ordinance to such extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

i.

A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical system, plumbing system or other cause, is determined by the building official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause a threat to the health, safety or welfare of the public.

j.

Any building or structure, because of lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system, or other cause, is determined by the building official to be a threat to life.

k.

Any portion of a building remains on site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute an attractive nuisance or hazard to the public.

(Ord. No. 2011-33, § 3, 10-4-11)