The subject property is 2.17 acres located on the southwest corner of US Highway 19 and Green Key Road, and lies in the AE flood designation, with a Base Flood Elevations of 10 and 11 (the elevation change occurs at the easternmost two-story structure). The site contains approximately 58,900 square feet of commercial buildings comprised of an office and two two-story buildings consisting of a total of 120 hotels rooms.
As a matter of record, please be advised that on May 6, 2021, the two-story structure, most westerly, was inspected by the City's Building Official, Fire Marshal, and Code Enforcement Officers. The Building Official determined at that time that the structure met the criteria for demolition as outlined in the City’s Code of Ordinances. As a result of that determination, an Inspection Warrant was obtained on May 7, 2021 to receive access into the additional buildings located on the subject property. On May 10, 2021 staff conducted a second inspection of the property. A copy of the inspection report along with photos are attached for reference. On May 19, 2021, the owner was notified by certified mail of the Order to Demolish, and given 30 days to appeal. The Notice stated that the owner may, within 60 days of date of Notice, demolish and clear the site by hiring a contractor of choice. Also on this date, the property was posted, the Notice was recorded in Pasco County Public Records, and the Notice appeared in the Tampa Bay Times on May 19th and 26th.
The City’s Code of Ordinances 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 the existence of the following four 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 (1) working toilet, and protection from exposure to the elements.
- 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.
- Section 6-185(4) - The condition of the structure, or a portion thereof, poses an immediate threat to life or property by fire or other causes.
- Section 6-185(6) – There is a serious and substantial falling away, hanging loose, or loosening of the siding, block, brick, or other building material creating a hazard for occupants or the public.
Under Section 6-190 of the City’s Code of Ordinances, the owner or an interested party may appeal an Order to Demolish. On June 18, 2021, Mr. Hiren Patel (AARA Hotels, LLC), property owner, submitted an appeal package along with the requisite $500.00 filing fee.
Under the provisions set forth in Section 6-190 – Appeal to City Council in the City’s Code of Ordinances, the petitioner may appear to show:
- That the structure does not meet the criteria for demolition set out in, Section 6-185.
- That the structure cannot be demolished within the time specified by the order.
- That the structure can be reconstructed, repaired, or restored.
Mr. Patel was appealing the order to demolish based on the sub-section that the structure can be reconstructed, repaired, or restored. He did not submit, along with the written petition for appeal, the following documentation regarding the proposed reconstruction, repair or restoration:
a) list of proposed work to the structures,
b) estimated cost,
c) timetable for obtaining permits,
d) timetable for completion of the work
Therefore, Mr. Patel was granted an extension on the timeline in order to obtain the required detail. Since that time Mr. Patel has obtained the required information and on February 3, 2022 submitted it to the City’s Building Official for review.
Mr. Patel and his agents have provided the attached construction documents that provide reasonable detail for repair of the code enforcement related issues as well as additional repairs to be made. The contractor has submitted the attached cost estimate as well as the FEMA worksheet detailing the cost estimate to conform to a maximum of 50% of the current market value. The contractor has also submitted the attached timetable for the repairs to be completed, estimated to be between three to four months after permitting has been completed and mobilization has started.
Based on the current status of this project, the City’s Building Official would support providing a stay of the order to demolish to allow the owners and their agents an opportunity to repair the property.