(A) A structure shall be uninhabitable when:
(1) It is visited by persons for the purpose of unlawfully procuring or using any controlled substance, as defined under Fla. Stat. Chapter 893, or any drugs as defined in Fla. Stat. Chapter 499; or
(2) 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:
(a) It is vacant, unguarded and open at doors or windows;
(b) There is an unwarranted accumulation of debris or other combustible material therein;
(c) The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy;
(d) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material;
(e) There is deterioration of the structure or structural parts;
(f) The structure is partially destroyed;
(g) 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;
(h) The electrical or mechanical installations or systems create a hazardous condition; or
(i) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems; or
(3) The structure is vacant, unguarded, and open at doors or windows found to have three (3) or more of the following characteristics:
(a) There is an unwarranted accumulation of debris or other combustible material therein;
(b) The structure's condition creates hazards with respect to means of egress and fire protection as provided for the particular occupancy;
(c) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material;
(d) There is deterioration of the structure or structural parts;
(e) The structure is partially destroyed;
(f) 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;
(g) The electrical or mechanical installations or systems create a hazardous condition; or
(h) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems.
(B) A structure shall be presumed to be utilized for the purpose set forth in divisions (A)(1) or (2) of this section 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 enforcement officer.
(C) A structure found to be uninhabitable as provided herein shall be subject to demolition.
(Ord. 2007-10, passed 3-1-07)