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HomeMy WebLinkAbout2008 03 10 Regular 601 Mowing of Properties In Violation of City CodeCOMMISSION AGENDA ITEM 601 March 10, 2008 Meeting CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X MGR~[~ /DEPT, Authorization REQUEST: The Police Departments Code Enforcement Bureau requests the Commission to provide guidance in regards to the abatement of public nuisance such as the mowing of properties that remain in violation of city code. PURPOSE: For the City Commission to provide guidance in respect to public nuisances residential/commercial properties that remain in violation of City Codes. CONSIDERATIONS: Currently the City of Winter Springs is experiencing a large number of residential properties in some stage of foreclosure. These properties are being left abandoned by the owners and it is taking up to a year or longer for mortgage lenders to get control of the property. Some web sites such as Forecloses.com list 7,115 properties in Seminole County and 241 within zip code 32708 are in foreclosure and another web site RealityTrac.com list 248 properties in foreclosure. While these numbers are high they also include a number of properties that are located in unincorporated Seminole County. The process for the abatement of public nuisances as delineated in Chapter 13-2 Code of ordinances provides that after 15 days if the property is not in compliance the Code Enforcement manager shall cause the condition to be remedied by the city at the expense of the property owner. After the corrective action has been taken the total expenses are certified to the City Manager and then sent certified mail to the property owner. The total charges are payable within 15 days, after which a special assessment lien will be placed on the property. Such lien shall be enforceable in the same manner as a tax lien in favor of the City of Winter Springs. However, current code allows if the property owner submits a written appeal within 15 days of original notice it must be scheduled for a public hearing at the next regular meeting of the city commission. The commission would hear the case and provide a finding of public nuisance or dismiss the case against the property owner. In 2007 the Code Enforcement Bureau issued notice warnings to 1,644 properties and the first month of 2008 we issued 158 warnings for nuisances. While all public nuisance cases have the potential to appeal to the city commission we did not receive any appeals and we where able to come to some resolution in these cases. Recently however we are starting to get the abandon properties in violation with property owners allowing them to go into foreclosure. With spring and summer approaching these abandon properties will become at issue very quickly in our communities. ISSUE ANALYSIS: The Code Enforcement Bureau is going to continue to have numerous cases of abandon properties as the housing market continues a downward spiral. If the market changes and property owners start to use other means to save their investments this could have the city commission virtually hearing these case at almost every regular scheduled meeting. We currently and have been fortunate thus far with only one case that has required the City to mow the yard and bring it into compliance and lien filed. You can picture what the community would look like if all the properties that are vacant were allowed to go unkept. The Bureau receives calls daily on abandon properties and what actions are being taken to preserve their investments and neighborhoods. I think this quote taken from community policing theory says it best. "If a window is broken and left un-repaired, people walking by will conclude that no one cares and no one is in charge. Soon, more windows will be broken, and the sense of anarchy will spread from the building to the street on which it faces, sending a signal that anything goes." While there is some liability to the City especially property rights issues where a property owner actually resides at the property even when we following state and city laws. The community's health, safety, and welfare are at issue and would start to deteriorate if no action was taken. These abandoned properties if left unattended will only start blight throughout the City. FUNDING: None: RECOMMENDATION: It is recommended that the Commission accept the recommendation of the Code Enforcement Bureau to continue to abate public nuisances with current code. That a lien be placed on the properties in the amount of services and penalties. To amend current ordinance 13-2 to allow the Code Enforcement Board to hear the appeal of the property owner if requested and this would also allow the commission to hear the appeal of lien as provided by City Code 2-61.5. IMPLEMENTATION SCHEDULE: Immediately upon approval by Commission. ATTACHMENTS: COMMISSION ACTION: