Sec. 6‑1. Violations.

It shall be unlawful to violate or fail to comply with any provision of this chapter or any code or standard adopted by this chapter, or to give any false or misleading information in any application, plans, specifications or other documents required by this chapter, or to fail to comply with any permit or authorization issued pursuant to this chapter, and such violations shall be punished as provided by section 1‑9 of this Code of Ordinances.

Sec. 6‑2. Official designated enforcement officer.

The building official of the town is hereby designated and authorized as the enforcement officer for the provisions of this chapter.Notwithstanding the foregoing, the town manager may designate additional individuals to act as code enforcement officers of this chapter 6, town code, pursuant to chapter 162, Florida Statutes. (Ord. No. 246, 1, 1‑16‑79; Ord. 96-1, 1, 10-17-95)

Sec. 6‑3. Official to head department; temporary substitute.

 The building official shall be head of the building inspection department. During his temporary absence or disability, the town manager shall designate an assistant building official to act in matters that require prompt official attention. (Ord. No. 247, 11, 5‑15‑79)


*Cross references–Beautification, Ch. 5.5; town color code,  5.5‑41 et seq.; paint permit,  5.5‑43; property maintenance,  5.5‑61 et seq.; fire prevention and fire safety, 7‑60 et seq.; construction or landscaping debris on streets, vacant lots, 8‑21; bond prerequisite to building or construction license, 9‑9; certificate prerequisite to contractor’s license; effect of suspension, revocation, 9‑l0; license tax for contractors,  9‑11(37); safety precautions required when sidewalk broken or damaged, 13‑5; gates opening over sidewalks or streets, 13‑6; work incident to utilities, 13‑19 et seq. zoning generally, Ch. 17; swimming pools to be enclosed, 17‑l05; sign regulations, 17‑l06.

Sec. 6‑4. Provision for consent to inspection before permit issued by building official; inspection of premises with consent or warrant.

 (a) Upon application for a building permit, the applicant shall consent, in writing, before a permit is issued, to an inspection or inspections of the premises by the building official or building inspector at dates and times reasonably determined by the build­ing official. Except as stated hereinbelow, the building official shall provide the applicant with reasonable advance notice of the inspection in instances where the property and/or premises to be inspected are being utilized concurrent with the construction such that a reasonable expectation of privacy exists. If the appli­cant refuses to allow the building official or building inspector to inspect the premises, the building official may revoke the permit, order the work stopped or take such other civil action as may be legally permissible under the circumstances.

(b) The building official or building inspector may neverthe­less inspect without advance notice, in cases of such concurrent utilization as stated in paragraph (a) above if proper consent is obtained or a warrant is secured by said official.

8 When the building official or building inspector shall have first obtained a proper warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons hav­ing charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or building inspector for the purpose of inspection and examination pursuant to this chapter.

(d) The building official or building inspector may inspect with­out advance notice and without a warrant if said inspector rea­sonably believes, in good faith, that a clear and present danger exists, which makes the building or premises unsafe, dangerous or hazardous. (Code 1962, 9‑20; Ord. No. 88‑7, 1, 5‑24‑88)

Sec. 6-5. General duties of official.

 The building official shall receive applications for building permits, and furnish the prescribed certificates. He shall inspect all plans prior to building. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of the law are complied with and that construction is prosecuted safely. He shall enforce all laws re­lating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location, and maintenance of build­ings and structures, except as may be otherwise provided for.

(Code 1962, 9-19; Ord. No. 89-10, 1, 4-18-89; Ord. 96-1, 2, 10-17-95)

Sec. 6-6. Appeals from decisions of the building official.

Any person aggrieved by the decision or action of the building official in the enforcement or implementation of this chapter or any standard or code adopted by this chapter shall have the right to appeal to the board of adjustment after the building official’s decision is rendered.  Such appeals shall be in accordance with sections 17-46 through 17‑51 of the Code of Ordinances.  As used in this section and in the standard code adopted in this chapter, the term Arendered@ shall mean the date that a written determination is filed in the records of the building official.  (Ord. No. 85‑16. 1. 6‑18‑85; Ord. No. 85‑18, 1, 8‑20‑85; Ord. 96-1, 3, 10-17-95)

Sec. 6-7. Who may be issued permits.

Permits required by this chapter shall only be issued to per­sons who present a certificate of competency to do the work for which the permit is sought, issued by either Brevard County or the State of Florida, valid for the then current period; provided, however, that a permit may be issued to the owner of a single-family residence proposing to do work limited to that residence, provided that the building official finds that such home owner is competent to do such work. No permit will be issued unless the applicant has also fully complied with any and all other legal requirements of the State of Florida, County of Brevard, and the town. (Ord. No. 246, 2, 1‑16‑79)

State law reference–State certification of contractors, F.S. Ch. 489.

Sec. 6‑8. Business tax receipt prerequisite to permit.

No person who is required to have a business tax receipt pursuant to Chapter 9 of this Code shall be issued a permit required by this chapter unless he is the holder of a valid, current business tax receipt license issued in accordance with said chapter.

(Ord. No. 12-02, 1, 11-21-11)

Sec. 6-9. False advertising.

No person shall display a sign or otherwise advertise or hold himself out as being qualified to engage in any work regulated by this chapter unless he is duly certified to do such work by either the State of Florida or Brevard County. (Code 1962, 22‑25)

Sec. 6‑10. Procedure for permit issuance.

(a) The building official shall review all permits required by this chapter and, except as otherwise provided herein, shall refer them, with the building official’s recommendations thereon, to the zoning and planning board for its action thereon. No permit, except as otherwise provided herein, shall be issued by the building official, without the prior review and approval of the zoning and planning board.

(b) The building official may issue permits for fences, swim­ming pools, pool enclosures, and other minor building plans, and for such other structures as authorized by the zoning and plan­ning board, without prior review and approval of the zoning and planning board.

(c) The building official may, without the prior review or ap­proval of the zoning and planning board, issue permits for all construction in the following zoning districts:

(1) “R‑1‑A” Single‑Family Residence Districts;

(2) “R‑1‑B” Single‑Family Residence Districts;

(3) “R‑2” Duplex Residence Districts; and

(4) “R‑3” Multi‑Family Residence Districts.

(d) The building official may issue permits for all construction which does not involve a change in use or a change or modification to the site.  The building official shall submit all other plans for construction permits to the zoning and planning board for its review and approval prior to issuance of a permit.

(e) Notwithstanding paragraphs (c) and (d) above, the building official may, in the building official’s discretion, require the prior review or approval of the zoning and planning board prior to issuance of a building permit in special situations in which the building official is desirous of obtaining the opinion of the zoning and planning board.

(f) The building official shall report to the zoning and planning board all building permits issued hereunder at the zoning and planning board meeting immediately following the issuance of said permit(s) for its information. (Code 1962, 9‑19; Ord. No. 82‑309, 1, 4‑20‑82; Ord. No. 88‑16, 2, 10‑25‑88; Ord. No. 89‑11, 1, 4‑18‑89; Ord. 94-11, 1, 5-17-94)

Sec. 6-11. Fees charged by building department.

 Fees, and the amount thereof, to be charged by the town building department for planning, zoning, building, electrical, plumbing, mechanical, swimming pool, driveway, utility, and other applications or permits, shall be promulgated from time to time by resolution of the Town Council. (Ord. No. 246, 4–6, 1‑16‑79; Ord. No. 81‑295, 1, 7‑28‑81; Ord. No. 83‑331, 1, 7‑19‑83; Ord. No. 83‑334, 1, 9‑20‑83; Ord. No. 85‑26, 1-3, 10‑15‑85; Ord. No. 86‑1, 2, 11‑19‑85; Ord. No. 86‑20, 1, 9‑16‑86; Ord. No. 87‑1, 1, 11‑18‑86; Ord. No. 88‑16, 3-5, 10‑25‑88; Ord. No. 92-9, 1, 7-21-92)

Sec. 6‑12. Time fees are to be paid.

 On all buildings, structures or alterations requiring a build­ing permit, all required fees shall be paid at the time specified in a resolution passed pursuant to section 6-11, but in no event shall that time be later than the time of the issuance of a permit.

(Ord. No. 246, 5, 1‑16‑79; Ord. No. 85‑26, 4, 10‑15‑85; Ord. No. 96-1, 4, 10-17-95)

Sec. 6‑13. Fee for additional inspections.

Every additional inspection or reinspection shall require an additional fee  as set forth in the resolution authorized by Sec. 6-11 and payable before such inspec­tion or reinspection. (Ord. No. 246, 5, 1‑16‑79; Ord. No. 12-02, 2, 11-21-11

Sec. 6-14. Fees not to be refunded.

No portion of a permit fee shall be refunded subsequent to the issuance of the permit. (Ord. No. 246, 7, 1‑16‑79)

Sec. 6‑15. Application for certificate of occupancy.

 Application for a certificate of occupancy shall be filed at the time of application for a building permit. (Code 1962, 9‑1)

Cross reference–Certificates of occupancy required and procedure therefor, 17‑81 .

Sec. 6‑16. No charge for certificate of occupancy.

There will be no charge for a certificate of occupancy for new construction or alterations to existing buildings. (Code 1962, 9‑1)

Sec. 6‑17–6‑26. Reserved.