Site Information:
The subject property is 0.20 acres located on the north side of Marine Parkway, approximately 145 feet west of Grand Boulevard. It is within the Jasmine Heights subdivision. The site contains a 1,344 square foot single-family home that was built in 1962. The property is not homesteaded and there is no rental permit history associated with it. There have been several Code violations at this property over the past several years.
Order to Demolish:
On November 30, 2017, the structure was inspected by the City’s Building Inspector and by the Building Official. The Building Official determined that the structure meets criteria for demolition, per City Code. On December 8, 2017, owner was notified by Certified mail of the Order to Demolish and given 60 days to comply.
The Code states that the Building Official must find the existence of one or more of seven possible criteria. The Order to Demolish was issued based on existence of the following two criteria:
· 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 the life, health or safety on 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.
Building Official findings: There has been no consumption of water since March of 2017. Per Duke Energy, there has been no electricity since February of 2017. The dwelling unit had not been kept in a clean and sanitary condition. The interior had been damaged so that it is unsafe and unsanitary. The presence of many large holes were noted in the walls. The roof had not been properly maintained. Soffit and fascia are in need of attention for rodents and insects. It also meets the definition of "dilapidate, deteriorated or decayed structure" by reason of inadequate maintenance, obsolescence or abandonment, is unsafe or unsanitary and constitutes a fire hazard or other danger to life or property or is inadequate for the purpose for which such structure was intended. By definition, unfit or unsafe structures are a nuisance and unlawful.
· 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.
Building Official findings: The roof had not been maintained in a proper manner.
Appeal:
Under Section 6-190 of the Code, the owner or an “interested party” may appeal an Order to Demolish. On January 9, 2018, an appeal was filed by property owner Mr. Mohamed Ali (“petitioner”) and the $400 filing fee was submitted.
As part of the appeal, the petitioner may appear to show:
1) That the structure does not meet the criteria for demolition set out in, Section 6-185.
2) That the structure cannot be demolished within the time specified by the order.
3) That the structure can be reconstructed, repaired, or restored. If a petitioner is appealing based on this subsection, the petitioner must submit, with the written petition for appeal, the following documentation regarding the proposed reconstruction, repair, or restoration:
a) list of proposed work to the structure; estimated cost;
b) timetable for obtaining permits; and
c) timetable for completion of the work. (City Council may stay a Demolition Order to give the petitioner time for such reconstruction, repair, or restoration.)
It is the petitioner’s burden to provide competent, substantial evidence that one or more of the above criteria are applicable. Competent, substantial evidence is fact-based and reliable evidence. Based on Staff’s knowledge of the property from the November 30, 2017 inspection, the draft plans and scope of work report to repair the structure provided by the applicant address required improvements. The estimated cost to repair is $80,000. The timetable submitted for completion is by mid-April.