§ 17B-15. Uninhabitable structures.  


Latest version.
  • (1)

    A structure shall be uninhabitable when:

    (a)

    It is visited by persons for the purpose of unlawfully procuring or using any controlled substance, as defined under Chapter 893 of the Florida Statutes, or any drugs, as defined in Chapter 499 of the Florida Statutes; or

    (b)

    It is used for the illegal keeping, selling or delivering of such controlled substances or drugs;

    and the structure is found to have one (1) or more of the following characteristics:

    (i)

    It is vacant, unguarded and open at doors or windows,

    (ii)

    There is an unwarranted accumulation of debris or other combustible material therein,

    (iii)

    The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy,

    (iv)

    There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material,

    (v)

    There is deterioration of the structure or structural parts,

    (vi)

    The structure is partially destroyed,

    (vii)

    There is an unusual sagging or leaning out of plumb of the structure or any parts of the structure and such effect is caused by deterioration or over-stressing,

    (viii)

    The electrical or mechanical installations or systems create a hazardous condition, or

    (ix)

    An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems.

    (2)

    A structure shall be presumed to be utilized for the purpose set forth in (1)(a) or (b) above when there are one (1) or more arrests or police reports of incidents which involve the keeping, consumption, or delivery of controlled substances or drugs on the premises of the subject structure during the period of six (6) months preceding the posting of notice by the Minimum Housing Enforcement Officer.

    (3)

    A structure found to be uninhabitable as provided herein shall be subject to demolition.

(Ord. No. 88-59, § 1, 7-5-88)