The subject property is 0.12 acre located on the south side of Candice Lane approximately 500 feet east of Congress Street, and does not lay within a high hazard flood zone. The site contains a mobile home built in 1972 with approximately 700 square feet of living area.
As a matter of record, it should be noted that there have been several code violations found at this property in over the years. In fact, an Inspection Warrant was granted for the property on November 22, 2021. The warrant was executed on November 23, 2021 which led to the Building Official’s determination on November 30, 2021 that the structure met the criteria for demolition as outlined in the City’s Code of Ordinances. As a result, on December 15, 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 December 15th and 22nd.
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 the existence of the following three criteria:
- 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.
- Section 6-185(7) - The structural parts have become so dilapidated, decayed, or deteriorated, or there is an unusual sagging or leaning out of plumb of the building or any part thereof caused by deterioration or over-stressing of the structure of structural parts, that the structure is manifestly unsafe.
Under Section 6-190 of the City’s Code of Ordinances, the owner or any interested party may appeal an Order to Demolish. On January 13, 2022, Mr. Ronald Howarth, property owner, submitted an appeal 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, or
- That the structure can be reconstructed, repaired, or restored.
If a petitioner is appealing based on this sub-section, the petitioner must 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 structure;
b) estimated cost;
c) timetable for obtaining permits; and
d) timetable for completion of the work.
No scope of work, estimated costs or timetables for obtaining permits and the completion of work has been submitted by Mr. Howarth for this appeal as his basis for this appeal is that the structure does not meet the criteria for demolition as noted above.
It should be noted that denial of the appeal by City Council would result in the property owner removing the structure and clearing the site within 30 days. Failure to do so would result in the demolition of the structure and clearing of the site, by the City, without further Notice of Hearing. Demolition and clearance will include all tangible personal property on site, such as vehicles, appliances, fences, etc.