§ 10-106. Additional powers and duties of building and fire officials.

(a)

The building and fire officials may enter any building, structure or property at all reasonable times to make an inspection or enforce this code.

(1)

When entering a building, structure or property that is occupied, the officials shall first identify themselves, present proper credentials and request entry.

(2)

If the building, structure or property is unoccupied, the officials shall make a reasonable effort to locate the owner or other persons having charge of the building and demand entry.

(3)

If the officials are unable to obtain authorization to enter and inspect a building, structure or property, the officials may enter and inspect such building, structure or property by any other lawful means, including through the inspection warrant process as provided in F.S. ch. 933.

(b)

The building official shall have the authority to authorize disconnection of utility service to any structure where necessary to eliminate an immediate hazard to life or property or when such utility connection is made without proper authorization. The building official shall notify the serving utility and, whenever possible, the owner or occupant of the structure, of the decision to disconnect such service prior to taking such action. The building official shall use best efforts to determine those instances where service is connected to more than one customer to avoid unintentional disconnection of utilities of innocent third parties.

(c)

In addition to issuance of the notice by the code enforcement officer as provided in section 10-105 herein above, the building official is authorized to take the following emergency measures where, in the opinion of the building official, there is imminent danger of fire, failure, or collapse of a building or structure which endangers life, or when any portion of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the structure's occupants or those in proximity because of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases or materials:

(1)

Disconnection of utility service as provided herein above;

(2)

Order and require that the occupants vacate the building, structure or property immediately;

(3)

Posting the building, structure or property at each entrance informing all persons that it is unlawful for any person to enter the building, structure or property except for the purpose of securing the building or structure, making an inspection, making required repairs, removing the hazardous condition, cleanup or remediation of hazardous materials or toxic substances, or for demolition and removal;

(4)

Temporarily close or board up buildings or structures against further entry, or order the authority having jurisdiction to close sidewalks, streets, public rights-of-way, and places adjacent to such buildings, structures or property;

(5)

When there is an imminent danger due to the condition of the building, structure or property, order emergency work to reduce or eliminate such condition to be performed by the property owner, or if the owner fails to perform such work within such reasonable time as specified by the building official, take such steps as are necessary to eliminate such condition and present such costs to the code enforcement board for an order authorizing the placement of a lien to be recorded against the property for the costs of such work if the finding of imminent danger is confirmed by the board.

(d)

The notice of unsafe building shall be removed at such time as the defect or defects upon which the notice is based have been eliminated.

(Ord. No. 2012-062612-01, § 3, 6-26-2012)