Article I. In General  


§ 7-1. Moving permit.
Latest version.

No building or structure shall be moved or brought within the municipal limits of the city unless and until a permit is received from the building official certifying that the building or structure to be moved shall conform with all zoning, building and other applicable municipal regulations in the location to which the building or structure is being moved. In addition to compliance with all zoning, building and other applicable municipal regulations, no permit shall be issued unless the building or structure is in substantial aesthetic conformance with the existing neighborhood in question to which the building or structure is being moved. The issuance of a moving permit shall require the approval of the city manager or his designated representative.

(Code 1962, § 8-6; Ord. No. 88-15, § 1, 8-2-88)

§ 7-2. Reference to administrative codes.
Latest version.

Any reference in this chapter to administrative codes shall be deemed to include all amendments to those codes which may be made from time to time by the promulgating agency and adopted by the State of Florida.

(Ord. No. 89-10, § 1, 6-6-89)

§ 7-3. Appeals board designated.
Latest version.

Any reference in the administrative codes adopted in this chapter to boards of adjustment and appeal shall be deemed to mean the fire and building code administration board as authorized by the Florida Building Code, F.S. § 553.73(9), and established by section 2-187, Lake Wales Code of Ordinances.

(Ord. No. 90-12, § 1, 7-17-90; Ord. No. 2003-18, § 2, 7-1-03)

§ 7-4. Appeals process established.
Latest version.

The appeals procedures referenced in the administrative codes adopted in this chapter shall be deemed hereby to conform to the appeals procedures as established in the Florida Building Code, F.S. § 553.73(9), as may be amended from time to time. This provision shall override any discrepancies to this intent found in the specified language of the various administrative codes adopted by reference herein.

(Ord. No. 90-12, § 1, 7-17-90; Ord. No. 2003-18, § 2, 7-1-03)

§ 7-5. Disciplinary board established.
Latest version.

The city does hereby establish, with other municipalities, a contractors' disciplinary board in accordance with F.S. § 489.131(7)(a), to discipline violations as set forth in F.S. § 489.129. The building official may submit to the board the name of any contractor who violates the building codes as adopted by the city code of ordinances.

(Ord. No. 96-12, § 1, 6-4-96)

§ 7-6. Payment of fees required by this chapter.
Latest version.

(a) Plan checking fees.

1. Commercial and multi-family—Plan checking fees are payable at the time a plan is submitted for review.

2. All others—Plan checking fees are payable before the permit is issued.

(b) Permit fees. Permit fees are payable in accordance with section 7-201. No permit shall be issued until all permit fees have been paid in full. Permits are required for all construction in accordance with the current edition of the Florida Building Code. The building official, or his designee, is authorized to assess penalties in accordance with section 7-201

(Ord. No. 2003-13, § 1, 6-3-03; Ord. No. 2009-16, § 1, 6-2-09)

§ 7-7. Insurance and bond.
Latest version.

(a) Every contractor or subcontractor shall be required to maintain, at all times, with a casualty insurance company authorized to do business in this state, contractors liability insurance with minimum limits as per state law.

(b) The contractor or subcontractor shall file with the building official a certificate signed by a qualified agent of the casualty insurance company stating that a policy has been issued to the licensee for employees' liability insurance or workmen's compensation insurance, public liability insurance, public property damage insurance and any other insurance required by state or federal law; the minimum limits for each; the policy number; the name of the company; the effective date of the policy; the expiration date of such policy; together with a statement and a copy of an endorsement placed on such policy requiring thirty (30) days written notice by registered mail to the building official if it becomes necessary to cancel the policy for any reason.

(c) In the event of a cancellation of a policy of any contractor or subcontractor hereunder, no contractor or subcontractor shall be issued a permit to perform work within the city limits until proof of all required insurance is furnished to building official.

(d) In accordance with F.S. § 489.131(1)(e), the contractor or subcontractor shall also file with the building official a bond in the amount of five thousand dollars ($5,000.00) executed by good and sufficient surety payable to the city and consumer conditioned on the contractor or subcontractor observing and complying with all valid zoning and building regulations and ordinances of the city. Any claim or action asserted by the consumer against the bond shall be in the name of the consumer and not by the city "for use and benefit of" the consumer.

(e) Upon completion of work by contractor or subcontractor, the building official shall perform an inspection to ascertain compliance with all valid zoning and building regulations and ordinances of the city. In the event the building official determines that the work performed does not comply with all valid zoning and building regulations and ordinances of the city, then the building official shall notify contractor or subcontractor of each violation found. Contractor or subcontractor shall have thirty (30) days from the mailing of said notice to cure each violation found, except in cases of emergencies wherein the opportunity to cure shall be commensurate to the emergency as determined by the building official. If each violation found is not cured within thirty (30) days, or such other time commensurate to an emergency, the building official shall send a notice of continuing violation to the contractor or subcontractor. Copies of each of the above notices shall be sent to the consumer and to the surety.

(Ord. No. 2003-13, § 1, 6-3-03)

§ 7-8. Building Permit Required
Effective on Tuesday, July 18, 2017

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to    cause any such work to be done, shall first make application to the building official and obtain the required permit as required by the Florida Building Code.

(Ord. No. 2017-13, § 1, 7-18-2017)