Site Information:
The subject property is 0.07 acres located on the east side of Edgewater Drive, approximately 230 feet north of Manor Beach Drive in the Edgewater Gardens subdivision. It is located within flood zone AE-11. The site contains a damaged mobile home. It has been owned by Ronald Howard and Jeff Thorne since 2014. In 2013, Ronald Howarth owned it with Justin Barecky; in 2012, Mr. Howarth owned it with Rick M. Fry.
History:
The structure was damaged by a fire on 2014. The City initiated the slum/blight procedures ordering the demolition of the structure. The owner started demolition, but was cited for not obtaining a required permit. A building permit application was later submitted to repair the “fire portion damage of the mobile home” listing the job cost at $1,200. Staff’s assessment of the damage to the structure was deemed to be “substantial” which requires that it be brought into compliance with the flood damage provisions of the City Code; the property owner did not agree with the interpretation. Staff requested additional information about the scope of work and repair cost, but it was not submitted. The permit was denied.
The owner was advised he could file an appeal of Staff’s determination. An incomplete application was submitted. Staff told the owner that he could file a new building permit application to repair the structure, but that it must meet the Code regarding substantial damage. A meeting was held at the subject property attended by the property owner, his attorney, the Building Official and City Attorney. Staff again advised about the option to file a new building permit application. Nothing has been filed to date.
The Building Official determined that the structure meets the definition of unfit or unsafe structure and shall be abated under non-emergency condemnation procedure. Notice was sent by certified mail to the owner and interested parties on February 5, 2018. It was posted on the property on February 5, 2018.
City Council shall hear evidence pertaining to whether the structure is unfit or unsafe, including any testimony or evidence which the owner of the property or any interested person may desire to tender. Upon a proper showing and considering of all the evidence, City Council may, by resolution, declare the structure to be a nuisance and authorize the Building Official to take appropriate, specific action at a time certain but in no case sooner than 16 days from the date of such resolution.
Staff is recommending removal of the structure as early as March 22, 2018. If the owner or any interested person can make arrangements for the abatement of the 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, forthwith, 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 in such manner, the nuisance shall be abated and removed in accordance with the provisions of the resolution.