The subject property is 0.07 acres located on the west side of Garden Drive, approximately 80 feet north of Coral Court. It is located within the Edgewater Garden Mobile Home Park that was platted in 1959. The site had contained a mobile home damaged by a fire on October 2, 2015. The Building Official determined that the structure met the definition of unfit or unsafe structure and should be abated under the non-emergency condemnation procedure. At its December 1, 2015 meeting, City Council determined that the condition of the structure presented a clear, present and immediate hazard to the safety of persons or property. It adopted a non-emergency resolution (#2016-01) declaring the mobile to be a nuisance and authorized the immediate abatement and removal of the nuisance.
The property owner filed an appeal of City Council's decision with the Circuit Court of the Six Judicial Circuit. The court’s decision was to deny the appeal. The mobile was demolished by the City contractors on May 5, 2017.
Section 6-180 of the Code provides that when any nuisance has been abated and removed under the condemnation regulations, the City shall conduct a public hearing to determine whether to assess the costs of abatement against the property. Notice of the hearing was provided to the owner of record and interested parties by mail. A copy of the notice was posted in City Hall at least 10 days prior to the hearing.
City Council shall hear evidence pertaining to the costs incurred by the City for the abatement and removal of the building declared a nuisance, and shall hear any testimony or evidence which the owner or interested person may offer. After hearing all of the facts and evidence, City Council shall decide whether or not the cost of the abatement and removal should be assessed against the subject property and, if so, the amount of such costs. Should Council decide to assess the costs, it shall adopt a resolution setting forth its findings of facts and specifying the amount that it finds to be properly imposed and assessed. Such amount may include the entire cost of abatement, including rodent extermination, all administrative costs, reasonable attorneys' fees, postal expense, [and] newspaper publication. The assessed amount shall constitute a lien on the property which is superior to all others except taxes. The City shall file such lien in the County's official record book showing the nature of such lien, the amount thereof, the legal description of the property and the name of the owner of the property. The lien shall date from the date of filing and shall accrue interest at the rate then prescribed for judgments in accordance with F.S. chapter 55. City Council may authorize the City attorney to enforce any such lien in the manner prescribed by F.S. chapter 162.