§ 8-169. Maintenance.

(a)

All buildings or structures shall be maintained in sound condition, good working order, and in a safe and sanitary manner. All devices or safeguards which are required by this article in a building when erected, altered or repaired shall be maintained in good working order. The owner shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this division. The occupant shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this division.

(1)

It shall be unlawful for any person to construct, add to, alter, repair, move, or demolish any building, structure, or any part thereof, or to cause any such work to be done without first obtaining a permit from the POD as required by law or ordinance.

(2)

It shall be unlawful for any person who has obtained a permit to construct, add to, alter, repair, move, or demolish any building, structure, or any part thereof, and who has commenced such work, to fail to prosecute the work to completion, pass the final inspection, and obtain a certificate of occupancy for such work as required by law or ordinance. Work commenced under a permit which expires before the work is completed shall be deemed to be work done without a permit.

(3)

It shall be unlawful for any owner to allow any construction, alteration, addition to, or repair of any structure to remain on any property owned by such owner or, if the structure has been moved, to allow the structure to remain on any property owned by such owner, if the construction, alteration, addition, repair, or movement of the structure was performed without having first obtained the proper permit for such work or, if a permit for such work was obtained, the permit expired prior to completion and final inspection of the work and the permit has not been reissued, as required by law or ordinance.

(b)

Maintenance of the exterior of a structure shall be as follows:

(1)

All foundation walls, exterior walls, and exterior roof and all parts thereof shall be weathertight, watertight and rodentproof, shall be kept in sound condition and good repair and shall not be allowed to deteriorate to an unsound condition. All exterior walls, porches and stairways shall be made impervious to weather, excluding materials such as redwood and cedar whose natural aging process does not require a preservative, by application of protective materials including, but not limited to, paint, shingles, metal siding, stucco, brick or other similar construction materials. All exterior surfaces made impervious to weather using paint shall not allow the outermost layer of paint to peel or deteriorate so as to expose underlying layers of paint to the weather. All foundation walls and exterior walls shall be maintained in a safe manner and be capable of supporting loads which normal use may cause to be placed thereon. Repairs to the exterior portions of a structure shall be made with materials that match the existing structure.

(2)

Each window, exterior door and basement or cellar door and hatchway shall be weathertight, watertight, rodentproof and insectproof, and shall be kept in sound working condition and good repair and capable of being secured in position by a locking device in proper operating order.

(3)

Each outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.

(4)

Each supplied facility, piece of equipment or utility shall be so constructed and installed that it will function safely and effectively, and shall be maintained in good repair and sound working condition.

(5)

Each yard shall be properly graded to maintain thorough drainage and to prevent the accumulation of water on the property or excessive runoff onto the property of another.

(6)

Each building and structure shall be provided with a means of egress as required by the Florida Building Code and these required openings shall not be obstructed. Every sleeping room within a building or structure must have at least two means of egress. There must be at least one operable window or one exterior door which allows immediate exit from the sleeping room to the outside. Burglar bars or other equipment or devices which obstruct the required opening must be capable of being opened from the inside without the use of separate keys or tools.

(7)

Any repairs or alterations which may be caused directly or indirectly by the enforcement of this article shall be executed in a workmanlike manner according to standards acceptable in the construction industry.

(8)

Railings shall be required on any unenclosed structure over three feet from ground level or any stairs containing four or more risers.

(9)

All driveways, stairs, sidewalks, parking spaces and similar paved areas shall be kept in a proper state of repair and free from debris.

(10)

Utility services may be discontinued to vacant structures that are in violation of this section. This requirement shall not preclude the temporary use of such utility services as may be deemed necessary during reconstruction, repairs, or alterations.

(11)

All rental dwelling units shall be supplied with at least one smoke detector which shall be maintained in good repair and sound working order.

(c)

Accessory structures, such as garages, storage buildings, fences, buffer walls, etc., shall be maintained in good repair and sound structural condition and shall not be allowed to deteriorate to an unsound or unsightly appearance. Fence and wall repairs shall be made with materials that match the existing fence or wall. All exterior surfaces not constructed of a material which is weathertight, watertight and impervious to the elements in its natural state shall be protected from the elements by painting or other protective covering or treatment except fences which are made of a material which is manufactured to remain its natural state.

(d)

No person shall occupy, let to another for occupancy, or allow another to occupy any dwelling unit or rooming unit which does not comply with the following requirements:

(1)

Each floor, interior wall and ceiling shall be rodentproof and insectproof, shall be kept in sound and sanitary condition and good repair and shall also be free of holes and cracks, loose plaster or flaking paint and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Interior walls shall have a protective coating such as paint, paneling or other similar construction material.

(2)

Each inside stair, porch, and any appurtenance thereto, shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair and shall have handrails constructed in accordance with the Florida Building Code.

(3)

Each bathroom and kitchen floor surface and water closet compartment floor surface shall be constructed and maintained to be impervious to water and to permit the floor to be easily kept in a clean and sanitary condition.

(4)

Each building or structure which is let for rental/lease shall be protected against mosquitoes, flies and other insects and pests by providing that each window shall have screens in sound condition, and all other openings to the outside, excluding doors, which are used or intended to be used for ventilation, shall have screens in sound condition.

(5)

All basement or cellar windows used or intended to be used for ventilation and other openings to the basement which might provide an entry for rodents or insects shall have screens or other such devices which shall effectively prevent their entry.

(6)

Each occupant of a building or structure shall be responsible for the extermination of insects, rodents or other pests located within the building or structure or on the premises. Notwithstanding the foregoing provision, the owner shall be responsible for the extermination of insects, rodents and other pests located within a rental building or structure including the shared or outdoor areas of any building or structure containing two or more units.

(e)

(1)

Manmade bodies of water located completely within the boundaries of one lot shall be kept in a safe and sound condition and good repair at all times. Safe and sound condition and good repair shall be determined based on the water quality and clarity, water level and maintenance of all parts being safe and in a condition so that they may be used for the purpose intended and in compliance with the requirements of the Florida Building Code related to child barriers. Manmade bodies of water shall not be allowed to deteriorate to an unsafe or unsound condition or disrepair. For the purposes of this section, unsafe as to water quality, level and clarity shall mean that they do not meet the requirements of F.A.C. Ch. 64E-9.004. In addition, in the case of swimming pools, spas or hot tubs, water quality and clarity may be declared unsafe when the clarity of the pool water is such that the main drain grate is not completely visible to a person standing on the pool deck or immediately next to the spa or hot tub, or the recirculation system or disinfection feeding equipment is missing or not functioning. A manmade body of water may be declared unsafe if it does not comply with the requirements of the Florida Building Code related to child barriers.

(2)

When a manmade body of water completely within the boundaries of one lot is found to be unsafe, the City may take action to make the manmade body of water safe. Such action may include removal, covering and/or filling the manmade body of water or such other methods as the City deems appropriate. When such manmade body of water is found to be unsafe, it shall be considered an unsafe structure as provided in Article III, Division 4 of this chapter. The City shall follow the procedures set forth therein to make the manmade body of water safe and shall have a lien on the real property as provided therein which shall be superior to all other liens except taxes.

(Code 1992, § 8-303; Ord. No. 219-G, § 1, 1-4-1996; Ord. No. 745-G, § 2, 8-4-2005; Ord. No. 57-H, § 2, 12-6-2012)