§ 8-35. Building permits.

(1)

For the purposes of this code the governing of permits and ancillary issues shall be as provided for in both this code, other applicable county ordinances and the Florida Building Code as amended.

(2)

If any building or structure is being constructed, altered, enlarged, repaired, replaced, demolished or otherwise constructed without a permit or any building permit or applicable permit issued for such building or structure expires or is revoked by the building official, and the owner of the building or structure fails within thirty (30) days of the revocation or expiration to obtain either a certificate of occupancy as provided by the Florida Building Code or other applicable county ordinance or to obtain another building permit or applicable permit; then that building or structure shall be deemed a public nuisance and therefore declared unsafe. Penalties for maintaining a nuisance/unsafe buildings or structures shall be as provided for by the Standard Unsafe Building and Abatement Code (1985 edition) as amended and adopted by Hernando County Ordinance.

(3)

(a)

A permit holder (owner/contractor) is responsible for requesting; a final inspection within ten (10) days of the completion of permitted work, and if applicable; a reinspection within seven (7) days of the issuance of a red-tag.

(b)

A person failing to request an inspection as described in this section is deemed to have violated this code, including but not limited to section 8-47 and 8-62(d), (j), (n) and (p), and is subject to applicable disciplinary guidelines/penalties as provided for in this code.

(4)

(a)

The building official, his/her designee or other persons charged with the enforcement of this code, other county ordinances and the Florida Building Code as they may relate to permitting; are hereby authorized to issue stop-work orders. A stop work order shall order all work and/or acts being performed in violation of a particular ordinance or law be ceased immediately.

(b)

It shall be unlawful for any person to continue to work or perform acts for which a stop work order was issued. A person failing to comply with a stop work order or otherwise violate a stop work order; shall be deemed to have violated this code and subject to applicable disciplinary guidelines/penalties as provided herein.

(5)

The governing body, or any official of the governing body; may institute any appropriate action or proceedings in a civil action in the circuit court to restrain, correct or abate any violation of this code or the Florida Building Code or to prevent the occupancy of any building or structure that is erected, constructed, reconstructed, altered, repaired or maintained in violation of this code or the Florida Building Code.

(6)

With respect to evaluation of design professionals' documents, if the department, building official or his/her designee finds it necessary, in order to enforce compliance with the Florida Building Code and issue a permit, to reject design documents required by the code three (3) or more times for failure to correct a code violation specifically and continuously noted in each rejection, including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by rule of the Florida Building Commission adopted pursuant to chapter 120, a fine shall be imposed, each time after the third such review the plans are rejected for that code violation, a fee of four (4) times the amount of the proportion of the permit fee attributed to plans review. (Specific Authority § 553.80[2][b].)

(7)

With respect to inspections, if the department, building official or his/her designee finds it necessary, in order to enforce compliance with the Florida Building Code, to conduct any inspection after an initial inspection and one subsequent reinspection of any project or activity for the same code violation specifically and continuously noted in each rejection, including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting, ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by rule of the Florida Building Commission adopted pursuant to chapter 120, the local government shall impose a fee of four (4) times the amount of the fee imposed for the initial inspection or first reinspection, whichever is greater, for each such subsequent reinspection. (Specific Authority § 553.80[2][b].)

(8)

Upon a determination that a person licensed, certified or registered under Florida Statutes Chapter 455, 471, 481, 489 and/or this code has committed a material violation of the Florida Building Code and failed to correct the violation within a reasonable time, such local jurisdiction shall impose a fine of no less than five hundred dollars ($500.00) and no more than five thousand dollars ($5,000.00) per material violation.

For purposes of this section and the applicable fee schedule; a material code violation is a violation that exists within a building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems. Except when the fine is abated as provided by § 553.781, failure to pay the fine within thirty (30) days shall result in a suspension of the licensee's, certificateholder's, or registrant's ability to obtain permits within Hernando County until the fine is paid. (Specific Authority § 553.781.)

(9)

A permit shall be deemed void if a change of the primary contractor is made. No work shall proceed on a voided permit. A new permit for remaining work shall be obtained and must meet all applicable codes, laws and ordinances. Notification may be in writing and provided by way of regular mail, facsimile or email.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2004-01, § 3, 1-6-04)