Site Information
The subject property is located on .15 acres in the Jasmine Heights Subdivision. It is south of Marine Parkway and east of US Highway 19. The structure was built in 1958 and has 888 square feet of living space. It is located in the R-2 Zoning District and has a future land use designation of Low-Medium Density.
The property is assessed by the Property Appraiser for $53,793, and is located in the flood zone.
Conditions
On July 9, 2019, the City Building Official inspected the property and ordered its condemnation. The Code states that the Building Official must find the existence of one or more of seven possible criteria in order to condemn a property. The Order to Demolish was issued based on the following three criteria:
1) The structure or a portion thereof has been extensively damaged by fire, flood, wind, or other natural phenomena such that the building or structure is substantially destroyed or poses an immediate and manifest danger to the life, health, or safety of the general public or occupant.
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.
3) The condition of the structure, or a portion thereof, poses an immediate threat to life or property by fire or other causes.
The main issue with the house is the back section, which is collapsing (see pictures).
Appeal
Under the Code, the owner or an “interested party” may appeal an Order to Demolish.
As part of the appeal, the petitioner may appeal based on the following conditions:
1) That the structure does not meet the criteria for demolition set out in, Chapter 6 of the Code of Ordinances.
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. On August 23, 2019, an appeal was filed by Laura Gordillo (“petitioner”), a family member. She submitted a contract from a local contractor totaling $23,064.30.
The Building Official felt that the submitted project would cure the condemnation, but he would like to add two conditions to the appeal approval:
1) Building permit must be applied for within 30 days and approved within 45 days of City Council approval; and
2) Require that construction be completed with 180 days of an approved permit