The URL can be used to link to this page

Home My WebLink About2009 08 24 Consent 206 Demolition of Structure located at 1003 Gator LaneCOMMISSION AGENDA CONSENT X INFORMATIONAL ITEM 2 0 6 PUBLIC HEARING REGULAR August 24, 2009 MGR Regular Meeting A REQLfEST: Community Development Department, Building Division, requests the City Commission consider funding the demolition of the structure located at 1003 Gator Lane in an amount not to exceed $12,000 and authorize the City Manager to enter into a contract with the lowest responsive bidder for the demolition. PURPOSE: The purpose of this agenda item is to request the City Commission consider advancing funds from General Fund Reserves, not to exceed $12,000, to demolish the structure located at 1003 Gator Lane. In addition, staff is requesting the City Commission authorize the City Manger to enter into a contract for this demolition with the lowest responsive bidder. CONSIDERATIONS: The home located at 1003 Gator Lane was damaged during Hurricane Charlie in August 2004 and the subsequent hurricanes of 2004. Much of the initial damage was to the roof structure of the home and each subsequent hurricane contributed more damage. Since the initial damage, little effort has been made to protect the rest of the structure and, as a result, the structure has deteriorated to the point where it is no longer fit for human habitation. The roof structure continues to deteriorate and has partially collapsed. The Building Division is concerned about the potential of flying debris and possible damage to surrounding properties should the City experience a hurricane or strong windstorm. Several neighbors have expressed the same concerns. There were many "blue tarps" in the City after the hurricane season of 2004. A permit was pulled for the re-roofing of the structure shortly after the hurricanes (Permit # 200502730). That permit expired after the contractor determined that there was more structural damage to the roof than simply the roof covering. The contractor told representatives of the Building Division that his contract was for a re-roof finish only (replacement of shingles and the underlayment). The property owner filed a suit against his insurance company for additional funds above what the insurance company originally offered. The insurance company won the lawsuit. The case went to the appellate court where it stayed for approximately 2 years. The appellate court ruled in favor of the insurance company in 2007. Agenda Item 206 City Commission Meeting August 24, 2009 After the appellate court ruling, the Building Division became aware of the lack of activity aimed at securing a permit for renovation of the structure. On July 9, 2008, the Building Division posted the property as "unsafe" and noticed the property owner of the unsafe determination. The owner and contractor met with the Building Official on July 30, 2008 to discuss the necessary permits to mitigate the damage to the home. Permit # 200802870 was issued on December 5, 2008 to demolish a portion of the structure and rebuild the home. After there were no calls for inspections and no return calls from the owner or contractor, the Building Division performed a field visit on February 23, 2009 to verify that there was no activity or re-construction on the site. There were several attempts to contact the owner after this field visit to facilitate a renewal of the existing permit and the reconstruction of the home. The initial response from the owner was that they were still trying to secure funding for the reconstruction and stated that the bank would not release adequate funding to pay the contractor for the necessary work. The owner verbally stated that the existing funds had been expended on engineering and permitting. The Building Division was not able to confirm this statement. The Building Division initiated discussions with the City Attorney's office as to the process of condemning the property pursuant to the newly adopted International Property Maintenance Code (IPMC). On August 7, 2009, a Statement of Violation and Notice of Hearing was posted at the property pursuant to the IPMC. Also on August 7, 2009, the Statement of Violation and Notice of Hearing was hand delivered by the Code Enforcement Bureau and was signed for by Juan Cruz. On August 18, 2009, Case number 502.6 was presented to the Code Enforcement Board. Mr. Cruz was not in attendance at this meeting. Based on the evidence and testimony presented at the hearing, the Code Enforcement Board entered a finding of fact and a relief injunction calling for the demolition of the structure. FUNDING: A supplemental appropriation from the General Fund for FY `08/09 in an amount not to exceed $12,000 is necessary to fund the demolition of the structure at 1003 Gator Lane. Section 6-300 (e) (3) of the City Code authorizes the City to take corrective action to abate the subject violations and any expenses incurred by the City will be assessed by lien against the property. RECOMMENDATION: Staff recommends the City Commission approve the supplemental appropriation in an amount not to exceed $12,000 and authorize the City Manager to execute a contract with the lowest responsive bidder for demolition of the structure located at 1003 Gator Lane. Agenda Item 206 City Commission Meeting August 24, 2009 ATTACHMENTS: A - Photographs of the Subject Property B - Copies of the Posted Notices COMMISSION ACTION: ATTACHMENT A ~~~ _~ ~s_ I~ k~~ _.~ r~;- ~+~ k ~ ~;` ~, ~~ F J fir. •.~' ATTACHMENT B UNSAFE QUILt~IhIC INSPLCT(3Rss NAME DATE: 07-09-2008 ~i#y Qf Winter Springs ~~ David Alamina E~uilding Division Michael Scheraldi TIME: 407-327-1'800 T H I S B U I LDING Vt~A-S I~SPECTEI~~A~ID: FCI.IND TO BE UNSAFE 012. DAMAGED: I~C~ N~OT~T~~O~ OCCUPY "F LATER AT SOUR OWl~ RISC s~A~~~I`I~Y MAY RESULT IN INJURY OR DEATH ADDRESS: 1003 Gator Lane WYritex,Su~rin~s,~.-Florida 32708 VIOLATION/SECTION: International~P~roperty.Maintenance Code :. Sections 108.1.1,108.1.2,108.1.3 Sections 304-Exterior, 305-Interior . TION; Buildin initially damage due. to past hurricane and deterio-~ h ESCRIP g ation due to neglect and lack of repair and~:upkeep.. k S/COMMENTS: Advised Owner to contact the .Building. Division at STRUCTION Hall at 1126 E SR 434 for Further In~tructioas 407-327-597,2 CTRIC NOT RECONNECT UTILITIES SUCH AS WATER GAS OR ELE CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA COMPLAINT NO. 502.6 CODE ENFORCEMENT BOARD, ADDRESS: 216 MORTOF LANE v PETITIONER, WINTER SPRINGS, FL 32708 JUAN E. CRIIZ JR. 6 IDA L. CRIIZ RESPONDENT. STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE: THAT A'f 7:00 P.M. ON THE 18TH DAY OF AIIGUST . 20 09 AT'I'HE C[TY FIALL, 1126 FAST STATE ROAD 434, WINTER SPRINGS, FLORIDA, 'TFIE CITY OF WINTER SPRINGS CODE ENFORCEMENT AOARD WILL FIOLD A HEARING TO DETERMINE WHY YOU SHOULD NO'T AE FOUND IN VIOLATION OP THE CITY CODE AS FOLLOW S: LOCATION/ADDRESS WHERE VIOL.ATIONEXISTS 1003 GATOR LAlu"E (PARCEL: 13-21-30-503-0000-0400) NAME AND ADDRESS OF PROPERTY O WNER OF RECORD: JUAN E. CRUZ JR. 6 IDA L. CRUZ, 216 MORTON LANE, WINTER SPRINGS, FL 32708 NAME AND ADDRESS OF RESIDENT/PERSON IN CHARGE OF PROPERTY: JIIAN E. CRUZ JR. S IDA L. CRIIZ, 216 MORTON LANE, WINTER SPRINGS, FL 327G8 C1'l'Y COllE SECTION V10LA'TED. SECTION 108 (IPMC) , . 301..3 _(IPMC) , 304.1 (LPMC) , 304.7 (IPMC) , 105.3.2 _ E%TERIOR OF THE STRUCTURE, (~C) DESCRIPTION of VIOLATION: IINSAFE PROPERTY VACANT STRUCTURE, ROOF, DEMOLISH Ah'D REHUILD DA'fF. VIOLATION WAS FIRST OBSERVED: OCTOBER 28, 2008 UNLESS YOIJ: (q CORKECT'1'HIS VIOLATION BY: "II~IIDIATE DEMOLITION" AND (2) CONTACT TFIE COllE Q~ISPECfOR TO VERiF Y COMPLIANCE WTTH'fFIE CITY CODE, TFBS CASE W[LL DE BROUGI-TT BEFORE 'THE CODE. IiNFOKCEMEN'f BOAItI) ON TFffi DATE GIVEN ABOVE. 1F'f7iE BOARD F'[NDS YOU M VIOLATION OF'ITIE CITY CODE AS STATED ABOVE, YOU MAY BE FINEll UP TO 1'WO HUNDRED AND FffTY IX)LLARS (5350.W) PER. DAY FOK EACH DAY'!'HE VIOLATION CONTAIUES, BE CFIARGED COSTS INCURRED BY TFIE CITY IN PROSECU7TNG Tk IlS CASE AND IF' SUCH FINE AND COSTS ARE NOT PKOMPTLY PAID, MAY RESULT IN A LIEN AGAWST YOUK PROPERTY, PURSUANT TO FLORIDA STA'I'U'I'ES SECTION 162.09. 'THIS HEARING S}iAI 1, gE CONDUCTED PURSUANT TO SECTION 2-600F TFIE C[TY OF WINTER SPRINGS, FLORIDA, AND FLORIDA STATi1TES CFIAP'I'F.R 162. YOU iiAVE A KIGHT TO APPEAR IN PERSON OR BY AUTHORIZEU REPRESENTA"1'[VE. YOU F1AVE A RIGHT TO PRESENT EVIDENCE, EXHIBITS, AND WRITI7SI OR ORAL TESTIMONY. TF~ CODE BOARD WII.L SUBPOFSIA WITNESSES IN YOUR BEHALF UPON WRfCfEN PETITION TO 1TiE BOARD. PI FASF GOVERN YOURSELF ACCORDINGLY. 1F' YOU llESIRE TO APPEAL 'f'I-[E ORllER OF TFIE. CODE ENFORCEMENT BOARD, YOU W I11. NEED A RECORD OF THE PROCEEDINGS. FOR THIS PURPOSE, YOU MAY, AT YOUR EXPENSE, ARRANGE FOR A VERBATTM TRANSCRIPT OF TFIE TESTIMONY AND EVIDENCE PRESENTED AT TFIE kIEAR1NG. YOU ARE HEREBY ADVISED THAT YOU OR YOUR AUTHORIZED REPRESENTATIVE MUST ATTEND THE CODE BOARD HEARING. OTHERWISE, [F YOU FAIL TO ATTEND UV PERSON OR BY REPRESENTATIVE, YOU MAY LOSE YOUR RIGHT TO A HEARING AND THE CODE BOARD MAY ORDER A DEFAULT BE ENTERED AGAINST YOU FINDING YOU IN VIOLATION OF THE CLTY CODE AS STATED ABOVE- ~O DA'IZD TFIIS JTH DAY -"~ SIGNATURE OF C DE INSPECTOR 7 of AUGUST 20 09 - - DAVID ALAMLIBA TYPED OR PRINTED NAME OF CODE INSPECTOR CH'Y DEPARTMENT ~o `7- 3oz7 X5-9 7n2 TELEPHONE MJMBER OF OFFICE OF CODE INSPECTOR I CERTIFY A CODE OF'I'H1S DOCUMENT WAS SEKVED BY % F1AND DELIVERY/ CERTIFIED MAIL THIS DAY OF _J 20_ CER"l'IFfBll/DELIVERED BY RECEIVED BY: PRINTED NAME RELATIONSFIll' 1'O PROPERTY OWNER OF RECORD WSPD 115 KEV. 3-IOIIU