This emergency resolution is scheduled for the March 21, 2017 City Council meeting.  The structure has been determined to be unfit and unsafe.  The purpose of the meeting is to report the condition of the structure to City Council which may, by resolution, declare the structure to be a nuisance and necessitate appropriate action.  The matter shall be handled as a quasi-judicial proceeding.

Site Information:

The subject property is 0.07 acres located on the west side of Garden Drive, approximately 175 feet north of  Manor Beach Road.  It is located within the Edgewater Gardens Subdivision that was platted in 1959.  The site contains a mobile home that was damaged due to two separate fires.  It is owned by Ronald Howarth.  There is also a recreational vehicle on the property.

Condemnation Order:

There were fires to the structure on both March 1 and March 8.  The Building Official determined that the structure meets the definition of unfit or unsafe structure and shall be abated under emergency condemnation procedure.  Notice to the owner was sent via certified mail and was posted on the property and in City Hall.  The Building Official also telephoned the property owner. 

Whenever the Building Official determines that any structure constitutes a clear, present and immediate hazard to the safety of persons or property, the Building Official may issue an order of condemnation prohibiting habitation or occupation of the structure.  The Building Official shall report the facts surrounding issuance of the order to City Council at its next regular meeting or other meeting called to hear emergency condemnations. Upon a determination that the condition of the structure at issue presents a clear, present and immediate hazard to the safety of persons or property, City Council shall adopt an emergency resolution declaring the same to be a nuisance and authorizing the immediate abatement and removal, forthwith, of such nuisance.

If the owner or any interested person can make arrangements for the abatement of such nuisance within the same time period as contemplated by City Council, the resolution shall be adopted but shall be held in abeyance for a stated time in order to allow the owner or such interested person to proceed with the abatement and removal of the nuisance; provided, however, that if the owner or any interested person does not proceed with the abatement, the nuisance shall be abated in accordance with the provisions of the resolution.