Item Coversheet
      

5919 MAIN STREET .  NEW PORT RICHEY, FL 34652 . 727.853.1016


TO:City of New Port Richey City Council
FROM:Debbie L. Manns, ICMA-CM, City Manager
DATE:7/16/2024
RE:Appeal of Order to Demolish: Heino Luts, 6220 Maplewood Drive

REQUEST:

This is an appeal to an Order to Demolish a single-family home located at 6220 Maplewood Drive. The order is predicated on the Building Officials’ determination that the structure meets the criteria for demolition as set forth in Section 6-185 of the Code. The City Council is being asked to hear and consider all facts material to the appeal and may affirm, modify or reverse the Order to Demolish.  The matter shall be handled as a quasi-judicial hearing.



DISCUSSION
:

The subject property as noted above is located at 6220 Maplewood Drive. The property is 0.14 acres in size with a 912 sq. ft. single-family structure contained on the property which was built in 1972.  As a matter of record, it should be noted that there have been several code violations found at this property over the years.

 

An investigation was conducted by the city’s Building Official on April 8, 2024, for potential demolition of slum and blight because of several outstanding code issues i.e. replacement of roof and trusses, and replacement of structural supports under the front porch area. At the conclusion of the investigation the findings of the Building Official affirmed that the structure should be demolished under the following conditions:

 

  • Section 6-185 (2) – The structure is so unsanitary or so utterly fails to provide the amenities essential to decent living that it is manifestly unfit for human habitation, or is likely to cause sickness or disease, so as to work injury to life, health or safety of the general public or occupant “ Amenities essential to decent living” include but are not limited to the availability of potable water, at least one working toilet, and protection from exposure to the elements.
  • Section 6-185 (3) – The structure, or a portion thereof, as a result of decay, deterioration, or dilapidation is likely to fully or partially collapse.

 

Under Section 6-190 of the City’s Code of Ordinances, the owner or any interested party may appeal an Order to Demolish.  On May 2,2024 Mr. Heino Luts, property owner submitted an appeal along with the requisite $400.00 filing fee.

 

Under the provisions set forth in Section 6-190 in order to appeal to City Council a petitioner must be able to demonstrate the following:

 

  • That the structure does not meet the criteria for demolition as set out in Section 6-185,
  • That the structure cannot be demolished within the time specified in the order, or
  • That the structure can be reconstructed, repaired or restored.

 

 

If a petitioner is appealing under the third provision the petitioner must along with the written petition for appeal, submit the following documentation regarding the proposed reconstruction, repair or restorations:

 

  •  A list of the proposed work
  •  The estimated cost of the work
  •  A timetable for obtaining permits; and
  •  A timetable for completion of the work.

 

Mr. Luts did not comply with the conditions associated with the submittal of his appeal and therefore his appeal was administratively denied. In order to assist the petitioner on June 4, 2024, the petitioner was provided a list of work that would need to be completed in order for the structure to be fit for human habitation and an extension was granted to him in order to receive an estimate for the work. On June 24, 2024, a quote was received from Trustville Construction LLC in the amount of $131,500 for the rehabilitation of the structure.  The petitioner has not provided an executed contract with Trustville or any other contractor as of this writing.

 

It should be noted that denial of the appeal by City Council would result in an order for the petitioner to remove the structure within 30 days.  Failure to do so would result in demolition of the structure and clearing of the site, by the city, without further Notice of Hearing.  Demolition and clearance will include all tangible personal property left on the site such as vehicles, appliances etc.



RECOMMENDATION:

The recommendation is to deny the appeal based on the following sections of the City’s Code of Ordinances: Section 6-185(2) and Section 6-185(3).



BUDGET/FISCAL IMPACT:

None.
ATTACHMENTS:
DescriptionType
Map of Subject PropertyBackup Material
Property PhotosBackup Material
Investigation Form, Case History and NoticesBackup Material
Property Appraiser Parcel InformationBackup Material