Sec. 320.303. - Duties and powers of Chief of Building Inspection.
(a) The Chief of Building Inspection shall have the power to delegate to subordinate employees any authority or duty and the delegated employees shall have full authority to act on behalf of the Chief. Whenever the terms Chief, inspector, administrative official and Building Official are used in this Chapter or in any provision of this building code which is within the responsibility of the Building Inspection Division, they shall include the Chief and the delegated employees.
(b) The Building Official is hereby authorized and directed to enforce the provisions of this building code and all applicable laws and regulations which pertain to the Building Inspection Division. He shall receive applications, issue permits, make inspections and perform related duties required to determine that the provisions of the laws, codes and regulations are complied with. He shall, when requested by proper authority or when the public interest so requires, make investigations in connection with matters assigned to the Division and render written reports on them. He shall issue notices or orders necessary to enforce compliance with the law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit and fire protection facilities in buildings or structures.
(c) Whenever necessary to make an inspection to enforce any of the provisions of this building code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing system unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this building code. All other entry shall be with the consent of the owner or occupant of the building, structure or premises or, in the case of nonconsent, by search warrant, inspection warrant or court order.
(d) Whenever construction work is being done contrary to law or is being done in an unsafe or dangerous manner or whenever a building, structure, land or premises is being used or occupied in violation of the law, the Building Official may order the work, use or occupancy stopped and may order the violation corrected within a reasonable period of time, by notice in writing specifying the violation served on the owner of the property, or to his agent, or to the person or persons doing or causing the work or violation, and shall state the conditions under which the work may be resumed; and the persons shall immediately stop the violation until arrangements have been made to comply with applicable law. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work.
(e) The Building Official shall keep comprehensive records of applications, permits and certificates issued, complaints filed, inspections made and notices or orders issued. He shall retain on file copies of required drawings and all documents related to construction work so long as any part of the building or structure to which they relate may be in existence, except that original copies of drawings and documents which have been microfilmed may be disposed of as provided in Part 2, Chapter 124. Documents and records not related to the construction of buildings or structures may be disposed of pursuant to Part 2, Chapter 124.
(f) The Building Official shall have the power to waive the provisions of this building code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of existing buildings or structures designated as landmarks or contributing structures pursuant to Chapter 307, Ordinance Code, when such buildings or structures are judged by the Building Official to be safe and the proposed construction, alteration, repair, enlargement, restoration, relocation or moving is in the best interest of the public health, safety and welfare. Prior to making a determination not to waive the provisions of the building code, the Building Official shall confer with the Jacksonville Historic Preservation Commission.
(g) Exigent circumstances. When the Building Official receives notice or otherwise determines that any building, structure, premises, electrical, gas, mechanical or plumbing system presents an imminent and serious threat to the life and safety of the occupants and/or the public, the Official shall immediately make diligent efforts to contact the occupants and the owner of the property through reasonable means (which may include telephone or personal notification) in an effort to correct the threat to public safety. However, nothing herein shall prevent the Building Official from inspecting any condition to verify proper corrective actions have been taken, nor does it relieve a property owner or other individual from obtaining any permits or other approvals necessary to do corrective work.
In exigent circumstances, where advance notice is impractical, and the threat to public safety is so immediate and severe that delay poses a threat to the public safety, the Building Official may order all occupants removed from the building, structure or premises, utility service to the unsafe or hazardous condition(s) terminated, and/or further occupancy contingent on correction of the unsafe or hazardous condition(s) or code violation(s).
For purposes of this subsection, the circumstances supporting the determination that an immediate threat exists to the life and safety of the occupants and/or the public are those, in the opinion of the Building Official, which would justify the entry of an emergency ex parte injunction, without notice, in a Circuit Court proceeding for abatement of a public nuisance. The exercise of this authority is not intended to be routine, but shall be reserved for those instances in which advance notice is impractical and the threat to public safety constitutes a true emergency.
Electrical service shall not be terminated except in those instances where the electrical service itself presents an imminent danger to public safety or where the risk of spark or explosion is present, or to prevent further occupancy of any unsafe structure.
The mere existence of a code violation for a failure to secure permits shall not justify an order to vacate under this subsection. In those circumstances, the Building Official may initiate any enforcement process authorized by law to correct any such violation.
In all cases in which the Building Official has ordered all occupants removed from the building, structure or premises, or utility service to the unsafe or hazardous condition(s) terminated, the Building Official shall give written notice to the property owner and the occupants of the Official's actions within two (2) business days of the issuance of the order (excluding Sundays and legal holidays).
The notice shall include the following:
(1) The street address, if any, and a legal description of the property;
(2) A description of the building or structure or portion(s) thereof which constitutes the unsafe or hazardous condition;
(3) A statement of the particular defects, code violations or circumstances which justified the immediate action to protect the health and safety of the public or occupants of the property; and
(4) That the property owner shall have an opportunity to contest the Building Official's actions to abate the unsafe or hazardous condition(s) or code violation(s), upon appeal of such determination within 5 days to the Special Master.
The notice required by this Section shall be mailed by certified or express mail or hand delivered to each owner, lessee and occupant of the structure as shown by the public records of Duval County, and shall also be mailed to the owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll.
(h) If a petitioner requests a hearing under this Section, the filing of that request shall automatically stay the effect of the vacate order and/or order terminating electrical service and the parties shall be restored to the status quo ante the issuance of the Building Official's Order, unless the Building Official who entered the Order certifies in writing, under oath that, by reason of facts stated in the certificate, a stay would cause an imminent threat to life and safety. In the case of a certificate filed according to the previous sentence, the stay shall be terminated, the order to vacate / order to terminate utilities shall remain in effect, and the parties shall not be restored to the status quo ante. A copy of the Building Official's certificate shall be provided to the appealing party by mail on the same day that it is filed with the Special Master.
(i) In the event that the Building Official has filed a certificate stating that an immediate threat to life or safety exists, a hearing will be scheduled within two (2) business days before the Special Master. The hearing may not be continued unless the appealing party consents to the continuance.
The City shall bear the burden of proving that an imminent peril to life and safety justifies the order to vacate / order to terminate electrical service and that any other available enforcement mechanism will not adequately protect the public health and safety in light of the emergency. Testimony shall be taken under oath and the provisions generally governing hearings before the Special Master, including subpoenaing witnesses, presenting evidence and cross-examination, shall be observed.
After hearing evidence, the Special Master may quash the order to vacate and/or order to terminate electrical power; may continue the order(s) in effect; and/or may refer the matter for proceedings under Chapter 162, including the imposition of fines. The Special Master shall issue his ruling on the same day that the hearing is held. Upon entry, a copy of the Special Master's decision shall be mailed to the parties by U.S. mail.
(j) In those circumstances where the Building Official has not filed a sworn certificate justifying the lifting of the automatic stay, a hearing shall be scheduled before the Special Master at the next available Special Master hearing.
The City shall bear the burden of proving that an imminent peril to life and safety justifies the order to vacate / order to terminate electrical service and that any other available enforcement mechanism will not adequately protect the public health and safety in light of the emergency. Testimony shall be taken under oath and the provisions generally governing hearings before the Special Master, including subpoenaing witnesses, presenting evidence and cross-examination, shall be observed.
After hearing evidence at the hearing, the Special Master may quash the order to vacate and/or order to terminate electrical power; may continue the order(s) in effect; and may refer the matter for proceedings under Chapter 162, including the imposition of fines. Upon entry, a copy of the Special Master's decision shall be mailed to the parties by U.S. mail.
(k) Nothing herein shall prevent the City from referring any violation of the City's codes to the Special Master sitting as the Code Enforcement Board for proceedings under Chapter 162 of the Florida Statutes or any other enforcement mechanism available by law. In addition, nothing herein shall prevent the City from pursuing condemnation, abatement of a public nuisance, or any other administrative or judicial remedies that may be available to remedy any code violations or threats to public safety.
(Ord. 2001-1160-E, § 1; Ord. 2010-329-E, § 1)
