§ 13-24. Cease and desist orders or stop work orders.

(a)

Whenever a violation of any provision of this chapter presents an immediate danger to life, or when any new construction or existing building is occupied in whole or part in violation of the provisions of this chapter, or when any fire, explosion, or other such disaster occurs and presents an immediate danger to life, the authority having jurisdiction (AHJ) shall immediately post a cease and desist order on the premises until such time that the danger to life has been removed or the correction of the violations has been made.

(b)

If it is determined by the authority having jurisdiction that a violation specified in this subsection exists, the AHJ or his/her designee may issue and deliver to the person committing the violation an order to cease and desist from such violation, to correct any hazardous condition, to preclude occupancy of the affected building or structure, or to vacate the premises of the affected building or structure. Such violations are:

(1)

Except as set forth in Subsection (b)(2) of this section, a violation of any provision of this section, or any rule adopted pursuant thereto, of any applicable uniform fire safety standard adopted pursuant to F.S. ch. 633 which is not adequately addressed by an alternative requirement adopted on a local level.

(2)

A substantial violation of an applicable minimum fire standard adopted pursuant to F.S. ch. 633 which is not reasonably addressed by any alternative requirement imposed at the local level, or an unreasonable interpretation of an applicable minimum fire safety standard, and which violation or interpretation clearly constitutes a danger to life safety.

(3)

A building or structure that is in a dilapidated condition and as a result thereof creates a danger to life, safety, or property, and as the term "dilapidated" may be further defined by the codes and regulations of the County.

(4)

A building or structure that contains explosive matter or flammable liquids or gases not stored in an approved method which constitutes a danger to life, safety, or property.

(c)

If, during the conduct of a fire safety inspection authorized by F.S. §§ 633.216 and 633.218, it is determined that a violation described in this chapter exists which poses an immediate danger to public health, safety and welfare, the AHJ may issue an order to vacate the building or structure in question, which order shall be immediately effective and shall be an immediate final order under F.S. § 120.59(3). With respect to a facility under the jurisdiction of a district school board or community college board of trustees, the order to vacate shall be issued jointly by the district superintendent or college president and the AHJ.

(d)

The AHJ may seek an injunction in the Circuit Court of the County to enforce an order issued pursuant to this section.

(Ord. No. 2012-03, § 24, 6-29-2012)