HomeMy WebLinkAbout1075-12 DEMOLITION . � IIIIIIIIilllllllllllllllllllllllllllllllillllli Illlllllllil
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X -Rept:1422153 Rec: 61.0
DS: 0.00 IT: 0.00
ORDINANCE NO. 1075-12 03/16/12 E. hiungu i a, Dpt Clerk
• AN ORDINANCE CREATING PROCEDURES'FOR COMBATING SLUM w
AND BLIGHTED STRUCTURES; PROVIDING DEFINITIONS; D
PROVIDING CRITERIA FOR DEMOLITION; PROVIDING THAT THE
BUILDING OFFICIAL OR A LICENSED ! BUILDING INSPECTOR N�'
COD
WORKING UNDER THE SUPERVISION OF THE BUILDING OFFICIAL •im?
WILL DETERMINE WHETHER A SLUM OR!BLIGHTED STRUCTURE
MEETS THE CRITERIA FOR DEMOLITION; PROVIDING NOTICE E
PROCEDURES; PROVIDING AN APPEAL; PROCESS; PROVIDING Jh o
LIEN PROCEDURES; PROVIDING FOR RECOVERY OF FEES
RESULTING FROM THE FORECLOSURE OF LIEN; PROVIDING A
PROCESS TO SECURE SLUM AND BLIGHTED STRUCTURES THAT
DO NOT MEET THE CRITERIA FOR DEMOLITION; PROVIDING FOR
REPEALER, MODIFICATION, SEVERABILITY, INCLUSION IN CODE,
AN EFFECTIVE DATE, AND PROVIDING FOR CHANGES THAT MAY
ARISE FROM CONSIDERATION OF THE ORDINANCE AT PUBLIC
HEARING.
WHEREAS, demolition is an extreme remedy and should be used only to address the mos
dangerous and severely blighted structures; and
WHEREAS, whether a structure should be condemned and demolished should be determine
by a licensed building inspector working under the supervision of the City's Building Official
and
WHEREAS, demolition and clearance of a slum and blighted structure confers a benefit to th
public by removing hazards and visual nuisances, and also confers a benefit to the subjec
property by increasing the value of the underlying parcel through removal of dilapidated
uninhabitable, and dangerous structures; and
WHEREAS, the City Council, of the City of Zephyrhills, finds that enactment of the following,
through its police powers, in necessary to protect the health, safety and welfare of the residents
of the City.
NOW THEREFORE BE IT ORDAINED, by the City Council of the City of Zephyrhills
Florida, as follows:
SECTION 1.. FINDINGS. . :
The foregoing Whereas clauses are hereby ratified and incorporated as the legislative
intent of this Ordinance
SECTION 2. AUTHORITY AND POWER.
Pursuant to the Constitution of the State of Florida and through Florida Statutes Chapter
165, et seq., the City Council is vested with the authority to adopt these amendments to be
administered by the Building Official and the City Manager,.or their designee. This ordinance
shall be effective within the:City limits of the City of Zephyrhills, Florida.
SECTION 3. DEFINITIONS.
Blighted structure or condition means a deteriorated or deteriorating structure which endangers
life or property.by fire or other cause, unsanitary or unsafe!condition(s) or deterioration of the
site and its improvements, which condition(s) impair or arrest the sound growth of the City or are
a menace to the public health, safety, morals or welfare.
Slum structure or condition means building or improvement, whether residential or
nonresidential, which by reason of dilapidation, deterioration, •age or obsolescence cause
inadequate provision for ventilation, light, air, sanitation or open spaces; the existence of
condition(s) which endanger life or property by fire or other causes; or any combination of.
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
OR BK 8670 P6 2429
factors which contribute to ill health, transmission of disease,juvenile delinquency or crime, or
are detrimental to the public health, safety, morals or welfare.
Owner means:
• a. The holder of title in fee simple, whether a single person, a group of persons or
one or more companies, associations or corporations as shown by the public
records of Pasco County.
b. A person who alone or jointly or severally with others, as shown by the public
records of Pasco County:
(1) has legal title to a dwelling unit, with or without accompanying actual
• possession thereof.
(2) Has charge, care or control of a dwelling or dwelling unit, as owner or as
personal representative, administrator,trustee, guardian of the estate of the
owner, mortgagee or vendee in possession, assignee or rents, lessee or
other person, firm or corporation in control of a building.
(3) The duly authorized agent of any of the foregoing.
Interested party means the owner as defined above and any other person or entity who has
previously requested real property ad valorem tax notices with respect to the subject property in
accordance with Section 179.344 Florida Statutes, as the same may be renumbered or amended
from time to time, and any:mortgage holders or other lien holders of record, and the occupants,
in any of the structure.
Section 4. CRITERIA FOR DEMOLITION.
(a) In determining whether a slum or blighted structure should be demolished, the
building official or a licensed building inspector working under the supervision of the
building official must find the existence of one or more of the following 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 of the general public or occupant.
(3) The structure, or a portion thereof, as a result of decay, deterioration, or
dilapidation is likely to fully or partially collapse.
(4) The condition of the structure, or a portion thereof, poses an immediate
threat to life or property by fire or other causes.
(5) The sire to be cleared by demolition consists of the remains, debris, wall,
chimney, or floors of or left from a building or structure that has partially
or completely collapsed, fallen, or been torn down.
(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.
(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
or structural parts,that the structure is manifestly unsafe.
SECTION 5. ORDER TO DEMOLISH, POSTING AND CONTENTS.
If, after inspection, the building official, or a licensed building inspector working under the
supervision of the building official, finds a slum or blighted structure meets one or more of the
criteria for demolition set forth in section 4 above, the City Manager or his designee shall issue a
notice stating that the structure should be demolished. Such notice shall be conspicuously posted
on the structure or conspicuously displayed on the premises to which it relates, and shall, at a
minimum contain the following language:
ORDER TO DEMOLISH SLUM OR BLIGHTED STRUCTURE
oR L3I( PG 2 30
3 of 7
This structure has been found by the City of Zephyrhills to be a slum or blighted structure th t
shall be demolished pursuant to the applicable sections of the Zephyrhills Code of Ordinance .
THIS STRUCTURE SHALL BE VACATED AND SMALL NOT BE OCCUPIED. T e
owner(s) of this structure shall demolish this structure and clear the side within 60 days of th s
order or the City of Zephyrhills will cause the structure to be demolished and cleared at t e
owner's expense. Demolition and clearance will include all tangible personal property on t e
site, such as vehicles, appliances, etc. THE OWNER OR ANY OTHER INTERESTED PARTY
MAY APPEAL THIS FINDING WITHIN 30 DAYS OF THE DATE INDICATED BELOW
BY SUBMITTING A WRITTEN PETITION TO. City Manager, 5335 8th St., Zephyrhill ,
Florida, 33542, Telephone 813-780-0000. CAUTION: FAILURE TO APPEAL WITHIN 30
DAYS OR TO DEMOLISH THIS STRUCUTRE WITHIN 60 DAYS WILL RESULT IN TH
DEMOLTION OF THIS STRUCURE WITHOUT FURTHER NOTICE OR HEARING. IT IBS
UNLAWFUL TO REMOVE OR TO MUTILATE THIS NOTICE UNTIL THE DEMOLTIO 4
ORDER IS COMPLIED WITH. FAILURE OF THE OWNER OR AN INTERESTED PARTY
TO APPEAL WITHIN 30 DAYS OR TO DEMOLISH T PHIS STRUCURE WITHIN 60 DAYS
IS A VIOLATION OF THE CITY OF ZEPHYRHILLS' CODE OF ORDINANCES.
SECTION 6. WRITTEN NOTICE.
(1) Before posting the order to demolish a structure pursuant to this Ordinance, the Ci y
Manager or his designee shall initiate services of j written notice to the owner and all
interested parties. The written notice shall set forth, at a minimum, the followi g
information:
a. The street addresses where the slum or blighted structure is located, and the leg 1
description of the property.
b. A statement indicating that the structure has been determined by the buildi g
official or an inspector working under the supervision of the building official o
be a slum or blighted structure that meets the criteria for demolition, a d
describing how the structure meets the demolition criteria set out in section 4;
c. Documentation of the condition of the stru lIture referencing specific violations f
codes and/or building standards;
d. A statement indicating that the date by which the owner or interested party mu t
demolish and clear the structure;
e. A statement advising that if the owner or interested party does not demolish a d
clear the structure, that the City will cause it to be demolished, and th t
demolition and clearance may include the removal and. disposal of all tangib e
personal property on the site;
f. A statement of the right of appeal as pro v ided in this Chapter, the address o
which written appeals shall be sent, and the date,by which -an appeal must e
received. .
(2) The notices required by this Section shall be sent to the owner and interested parties y
certified mail, return receipt requested, at the addresses shown by the public records df
Pasco County. The lack of a signed return receipt shall not constitute a failure to noti e
any required person.
(3) Notice shall also be published in a newspaper of ge eral circulation in Pasco County on 4e
e
a week for two consecutive weeks. The published notice shall contain the street addre s
of the subject property and the names of the owner(s) and any interested parties. Tle
published notice shall state that the subject property is a slum or blighted structure d
shall be demolished, and shall include a statement of the right of appeal as provide in th s
Chapter, the address to which written appeals shall be sent, and the date by which
appeal must be received. �
(4) A notice shall also be filed in the public records of the county which provides; the stre t
address and legal description of the property; that the building official has determin d
that one or more structure(s) on the property meets the criteria for demolition under this
chapter; that at the time of filing the determination of the building official is not final a d
can be appealed;.that the City, through its City Manager is following the process outlin d
in this chapter to obtain an order authorizing demolition of the structure(s); and directi g
inquiries to the City Manager.
SECTION 7. FINAL ORDER.
OR BK 7Ø 2431
4 of 7
.The order to demolish a slum and blighted structure as provided for in Section 4 shall
-automatically become a final order authorizing demolition in the event that no written appeal
from the notice, along with._the required fee for the cost of appeal, is received by the City
Manager on or before thirty.(30) calendar days after the date of posting.
SECTION 8. RECORDING FINAL ORDER.
Wherever the order to demolish a slum and blighted structure becomes a final order authorizing
the demolition, a as provided in Section 4 or pursuant to the decision by the City Council as
provide in Section 9, the City Manager or his designee shall file a copy of such final order,
together with the street address and/or legal description of the subject property, with the Clerk of
the Circuit Court or Pasco County Florida, who shall cause the same to be recording among the
public records of Pasco County. The recording of such final order or other appropriate
instrument as herein provided shall constitution constructive notice to any subsequent purchases,
transferees, grantees, mortgagor, mortgages, lessees, lienors, and all persons having, claiming, or
acquiring any interest in the property described therein, or affected thereby.
SECTION 9. APPEAL TO THE CITY COUNCIL.
(a) The owner or any interested party may appeal the order of demolition to the City Council
by submitting a written petition and a$400.00 fee on or before thirty(30) days of the date
indicated on the posted.notice to: City Manager, 5335 8th St., Zephyrhills Florida 33542,
813-780=0000. Upon receipt of both the written petition for an appeal and the $400.00
fee, the City.Manager shall promptly arrange a time for the hearing before the City
Council and provide written notice thereof to the petitioner, who may appear to show:
1. That the structure does not meet the criteria for demolition set out in ***.
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: list of proposed work on the structure;
estimated cost; timetable for obtaining permits; and timetable for completion of
the work. The City Council may, it their sole discretion, stay a demolition order
to give the petitioner time for such reconstruction,repair, or restoration.
(b) A written petition for an appeal will not be accepted without the required $400.00 fee.
Proof of indigence or inability to pay, in the form of a sworn financial statement, will be
accepted in lieu of the $400.00 fee.
(c) The Council shall hear and consider all facts material to the appeal and may affirm,
reverse or modify the order of demolition. Any person aggrieved by the decision of the
City Council may seek judicial review of the Council's order in Circuit Court.
SECTION 10. DEMOLITION AND CLEARANCE, AND REPAIRS.
(a) Within 60 -days of posting of the demolition order, the owner(s) shall cause the
demolition and clearance of the slum or bighted structure.
(b) It shall be the responsibility of the owner(s) to apply for the appropriate demolition
permits prior to such demolition and clearance.
(c) The City Manager or his designee shall be authorized to demolish and clear slum or
blighted structures that are the subject of a final demolition order on the owner(s) behalf
and at the owner's expense if:
a. No appeal has been filed within the specified time frames, along with the required
fee or proof of indigence as provided in this Ordinance; or
b. The owner(s) fails to complete such demolition and clearance within 60 days of
the date of posting; or
c. The owner fails to complete such demolition and clearance within 10 days of the
.City Council order upholding the demolition order, or within 10 days of a date set
for demolition by the City Council, or within 10 days of a final order of a court
with jurisdiction over the demolition order.
d. A second title search shall be performed in the 72 hours preceding any demolition
by the City of Zephyrhills or its agent.
e:. Any- demolition by the City of Zephyrhills or its agent shall be performed
pursuant to a demolition permit obtained from the building official.
OR BK 8670 pr- 2432
5 of 7
(d) Demolition and clearance of the structure(s) by the City may include the demolition a d
clearance or removal of all tangible personal property, vehicles, and other items, and m y
also include additional structures on the parcel that the building official or a licensed
building inspector working under the supervision of the building official determined pose
a threat to the life, health, or safety of the general public as a result of the demolition poke
clearance activities on the parcel.
(e) It shall be a violation of this chapter for any person to obstruct or interfere with aiy
demolition or clearance in accordance with this; chapter by the City Manger or his
designee.
(f) It shall be a violation of this chapter for any person to-inhabit a structure that is 4ie
subject of a final demolition order.
(g) It shall be a violation of this chapter for any owner to fail to obey a final order to
• demolish'a structure pursuant to this Chapter.
(h) It shall be a violation of this chapter for any person to remove or mutilate a demolition
order posted on a structure or property before completion of demolition and clearance.
SECTION 11. RECOVERY OF DEMOLITION, AND CLEARANCE COSTS; IMPOSITIO
OF LIEN.
(a) The demolition and clearance by an owner(s) or by the City in a manner provided for n
this chapter is deemed to constitute an activity performed-for the protection, benefit, and
• welfare of the general public and also for the benefit of the property itself. As a result,
the owner(s) shall be responsible for the •costs of demolishing and clearing the
structure(s) and parcel whether the owner(s) or the City completes the demolition arid
clearance.
(b) If it is necessary for the City to demolish and clear a blighted structure in accordance
with this chapter, the City may perform the work itself or may contract with
individual, firm, or other legal entity for such services. An invoice shall be submitted o
the owner(s) for payment of the costs incurred by the City or its contractor. The owner( )
shall be required to pay all costs incurred, including any administrative costs within 30
days of the date of invoice. If payment is not made by the owners(s) within 30 days ¢f
• the date of the invoice, the City shall impose a lien upon the property for the costs of
demolition, clearance, administrative costs, and recording fees. The lien shall be of tl}e
same priority as liens for.ad valorem taxes, and as it represents costs expended for the
benefit of the property itself, the lien shall be superior to all other encumbrances, whether
secure and regardless of priority. Such lien shall b duly recorded in the official records
of Pasco County and shall accrue interest at the rate of eight percent from the date �r
recording. Upon foreclosure of the lien,the City Hof Zephyrhills shall be entitled to all
costs and attorney's fee incurred as a result.
SECTION 12. VACANT SLUM OR BLIGHTED STRUCTURES.
(a) Slum or blighted structures that do not meet the criteria for demolition but which a e
unoccupied, vacant, unguarded, and open at the doors or windows, or which otherwi e
provided access to the interior may be temporarily secured at the direction of the Ciy
Manger or his designee after notice to the owner of the condition and a reasonable time of
not less than 10 days is given to secure the structure.
(b) Materials or methods for securing the building or structure shall be as follows:
(1) Windows and doors shall be repaired: or replaced, closed and locked to
prevent unauthorized entry. Other openings shall be sealed with solid
sheathing, consisting or one-inch boards or minimum one-half—inch exterior
grade plywood or equivalent, securely i nailed in place with 8d nailed and
painted a similar color as the main structure; or
(2) Windows, doors, and other openings shall be secured with solid sheathin ,
consisting of one-inch boards or minimum one-half-inch_exterior grad,
plywood or equivalent, securely nailed in place with 8d nails and painted a
similar color as the main structure- Where there is no frame or where the
frame is loose or defective, a sub frame; of two by four.-inch lumber shall b
provided to secure the sheathing.
(3) The City Manager or his designee may approve alternative or additions to th
above methods, providing the alternative;or additions are at least equivalent to
the above in strength. - - -
OR BK 8670 PG 2433
6 of 7
(c) If it is necessary for the City to secure a vacant slum or blighted structure in accordance
with this chapter, the City may perform the work itself or may contract with an
individual, firm, or other legal entity for such services. An invoice shall be submitted to
the owner(s) for payment of the costs incurred by the City or its contractor. The owner
shall be required to pay all costs incurred, including any administrative costs, within'30
days of the date of the invoice. If payment is not made by the owner(s) within 30 days of
the date of the invoice, the City shall impose a lien upon the property for the costs of
securing the structure, administrative costs, and recording fees. The lien shall be of the
same priority as liens for ad valorem taxes, and as it represents costs expended for the
benefit of the property itself,the lien shall be superior to all other encumbrances, whether
secured and regardless of priority. Such lien shall be duly recorded in the official records
of Pasco County and shall accrue interest at the rate of eight percent from the date of
recording. Upon foreclosure of the lien, the City shall be entitled to all costs and
attorney's fees incurred as a result.
SECTION 13. SEVERABILITY.
It is.declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if any
section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the
remainder of this Ordinance shall be construed as not having contained said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
SECTION 14. INCLUSION IN CODE.
It is the intent of the City Council of the City of Zephyrhills, Florida, that the provisions
of this Ordinance shall become and be made a part of the Zephyrhills Code of Ordinances.
SECTION 15. EFFECTIVE DATE.
A certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Circuit Court within ten (10) days after adoption of this Ordinance, and this Ordinance shall take
effect on the date of filing.
SECTION16. REPEALER.
Any ordinance, or part of any ordinance, in conflict herewith is hereby repealed to the
extent of any conflict.
SECTION17. MODIFICATION.
It is the intent of the City Council that the provision of this ordinance may be modified as
a result of consideration that may arise during public hearings. Such modification shall be
incorporated into the final version of the ordinance adopted by the Council and filed by the City
Clerk.
The_fore ng Occjnance Nb..i075-12 was read and passed on the first reading in an open and
regulaj�meeting"of ttie City::C.ouncil of the City of Zephyrhills, Florida, on this 27th day of
Febn'ary, 201
Atta{:
Lin, u.L J3_- ,.Qty Clerk.. Jo i Wilkeson, Council Preside t
O O�
The=foregorig Ordinance No. 1075-12 was read and passed on the second reading, following a
publ'`4he iriri yin.�ari:open and regular meeting of the City Council of the City of Zephyrhills,
ELF i a,on this 12 `day of March, 2012.
Atte"st'%;i. .
i Linda_ .,Boari, City Clerk di Wilkeson, Council President
OR BK 8670 Pc 2434
7 of 7
The foregoing Ordinance No. 1075-12 was approvedby me this 12th day of March, 2012.
W. Cliff cD ffie, r
Approved as to legal form and l gal content
for the reliance of the Ci of Zephyrhills only:
oseph A. Poblick, City AtItorney
i ,