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HomeMy WebLinkAboutItem #06 Discussion & Direction of Demo of 1400 Samantha street and 504 Withers Court - AGENDA ITEM COVER SHEET Meeting Date: August 3, 2010 Item # lo Contact Name: Deputy Chief Butch Stanley 407-905-3140 Reviewed By: Department Director: ~".~ Subject: Request of approval of funds for the demolition of 1400 Samantha Street and 504 Withers Court Contact Number: City Manager: Background Summary: Both of these homes were servely damaged by fire back in 2007 and have been declared unsafe, fire hazard, and a nuisance. The Code Enforcement Board has authorized the City to abate the nuisance and assess the cost against each property. At the Commission Meeting on July 20, 2010, motion to move forward with demolition failed with a 2-2 tie vote. Commission requested that City Attorney Rosenthal look into a process whereby the city would recover the expenses incurred for these demolitions. A memo from Mr. Rosenthal is included in this updated report. Issue: Secure funding from the city to proceed with the demolition of these 2 structures. Recommendations Staff is requesting upon review and approval of the case files by the City Attorney that $17,751.00 be taken out of the City contingencies fund and be transferred to Contractual Services account 001-522-00-3400 for payment of demolition. Liens placed on both properties for the cost of demolition would be superior to any mortgage held on the properties (see attorney memo). Attachments: Price quotes for the demolition. Memo from City Attorney Rosenthal dated July 27, 2010 Financial Impact: $17,751.00 Type of Item: (please mark with an "Xli) Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Deaf Use: _____ Consent Agenda _____ Public Hearing _____ Regular Agenda Original DocumenUContract Attached for Execution by City Clerk == Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A City Manager Robert Frank Commissioners Garv Hood. District 1 Rosemary Wilsen. District 2 Rusty ,Johnson. District 3 Joel Keller. District 4 Mavor S. Scott Vandergrift STAFF REPORT TO: Rob Frank, City Manager FROM: Butch Stanley, Deputy Chief DATE: July 13, 2010 RE: Demolition Cost for 1400 Samantha Street ISSUE Quotes for the Demolition at 1400 Samantha Street I). Chedwick Land Crafters, Inc - $9,845.00 2). Belfor USA Group, Inc - $11,750.00 3). Central Environmental Services, Inc - $12,035.00 Staff is recommending Chedwick Land Crafters, Inc. BACKGROUNDIDISCUSSION The home was involved in a fire on July 25, 2007 and has not been repaired as of this date. The property is under foreclosure action. The case was taken under Code Enforcement action for being unsafe, fire hazard and a nuisance/public nuisance on March 11,2009. The Code Enforcement Board authorized the City to abate the nuisance and asses the cost against the property. 1 City Manager Robert Frank Commissioners Gary Hood. District 1 Rosemary Wilsen. District 2 Rusty ,Johnson. District 3 Joel Keller. District 4 Mayor S, Scott Vandergrift STAFF REPORT TO: Rob Frank, City Manager FROM: Butch Stanley, Deputy Chief DATE: July 13, 2010 RE: Demolition Cost for 504 Withers Court ISSUE Quotes for the Demolition at 504 Withers Court 1). Chedwick Land Crafters, Inc - $7,906.00 2). Belfor USA Group, Inc - $8,685.00 3). Central Environmental Services, Inc - $9,342.00 Staff is recommending Chedwick Land Crafters, Inc. BACKGROUNDIDISCUSSION The home was involved in a fire on March 3, 2007 and has not been repaired as of this date. The property is under foreclosure action. The case was taken under Code Enforcement action for being unsafe, fire hazard and a nuisance/public nuisance on March 11,2009. The Code Enforcement Board authorized the City to abate the nuisance and asses the cost against the property. :FOLEY FOLEY & LARDNER LLP ATTORNEYS AT LAW MEMORANDUM CLIENT-MATTER NUMBER 020377-0366 TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq., City Attorney cc: Rob Frank, City Manager Butch Stanley, Deputy Fire Chief DATE: July 27,2010 RE: Demolition of 1400 Samantha Street and 504 Withers Court At the last City Commission meeting a question was raised regarding the priority of liens which may be imposed by the City in connection with the demolition of buildings located at the above addresses. We have reviewed this matter and determined that the demolition would be pursuant to the provisions of Section 180-41 of the City Code (copy below). Section 180-41.1 provides that the City is entitled to a lien for such City-contracted work which would be coequal with all state, county and municipal taxes and would be superior in dignity to all other liens, titles and claims until paid. This Code provision means that the lien would be superior to any mortgage on the property. This is distinguished from code enforcement fines which are inferior to mortgages. The lien bears interest at the rate of 18% per annum and could be foreclosed by the City. The property at 1400 Samantha is owned by Mark & Janet Peach and has a 2010 Working Value Assessment of $74,682 with property taxes paid current. The property at 504 Withers is owned by Joseph & Lee Ann Truett and has a 2010 Working Value Assessment of $104,183 with property taxes paid current. Neither property has a homestead exemption. 180-41 Procedure for City or City-contracted demolition. Due to a variety of reasons, including but not limited to abandonment, neglect, inadequate property management or obsolescence, the condition(s) constituting a danger or nuisance to the public cannot be made safe. Factors evidencing a determination that a property cannot be made safe may include but not be limited to: a history of unsecured or unsecurable, dangerous conditions; a history demonstrating the property owner's failure to exercise reasonable control over the property to keep it secure or safe; a history showing that the property has become an attractive nuisance to children or transients; a history showing a proliferation of criminal activity due to dilapidated conditions and lack of management and control over the premises; a history showing that, notwithstanding the reasonable ORLA_1595619,1 :FOLEY FOLEY & LARDNER LLP ORLA_1595619.1 efforts of enforcement personnel and/or the Code Enforcement Board, the property remains in a condition which is imminently dangerous to the public health, safety and welfare. In such cases, the enforcement official shall: A. Proceed with notice to vacate, if such has not already been accomplished. B .Include with notice to vacate and statement of violation/notice of hearing a statement which fairly informs the property owner(s) and tenant(s) that the hearing before the Code Enforcement Board may result in an order requiring the property owner or City to demolish the structure(s) on the property, with any costs therefor being assessed against the property and constituting a lien thereon. C. Such notice of requested demolition shall be served not only upon the property owner(s) of record but shall also be served upon mortgage holders and lienholders of record as determined by a legally valid property records search. D. The notice of requested demolition shall describe the condition(s) found by the enforcement officer. E. At the Code Enforcement Board hearing, the enforcement official shall present evidence showing the dangerousness of the condition(s) to the public and the property owner's inability or unwillingness to cure such dangers and the history according to the above-detailed factors showing that the property is unsecurable or has not been made safe. The Code Enforcement Board may render its order requiring the owner or City to demolish, or cause to be demolished, the structure(s) which have been accomplished. If the Code Enforcement Board determines that an order requiring repairs by the property owner through City work is appropriate, the Code Enforcement Board shall specify what repairs are necessary in order to make the property safe and by what date said repairs are to be accomplished. F. The premises shall be kept posted with the notice to vacate, and persons violating the notice to vacate may be referred for prosecution pursuant to 9 1-12 of the Code of Ordinances of the City, G. The enforcement officer shall take such action as has been authorized by the Code Enforcement Board to demolish the structure(s) or render the premises safe, including the letting of a contract for the demolition of the structure(s); provided, however, that any such demolition work by the City shall be subject to the availability of funds duly appropriated by the City Commission for such purpose. The owner shall be obligated to reimburse the City for all costs and expenses incurred by the City in order to demolish the structure(s) on the property, plus interest thereon at the rate of 18% per annum from the date the City incurs such costs and expenses through the date of payment thereof, All such costs and expenses, together with interest and the costs of collection as hereinafter provided, shall be immediately due and payable to the City, shall be the personal obligation of the property owner and shall become a continuing lien upon the real property which is the subject of such proceeding. Any subsequent or new owner of such real property shall take title subject to such obligations to the City. An owner may not escape liability for such payment by abandonment of the real property. If such obligation to the City remains unpaid for a period of 60 days from the date the City incurred such costs and expenses, then the City may take any action deemed necessary in order to collect the moneys owed to the City, including but not limited to retaining the services of a collection agency or attorney, initiating legal proceedings for the collection thereof, recording a notice of lien as hereinafter provided and/or foreclosing the same in the same fashion as mortgage liens are foreclosed. To give the public notice of the sums due to the City, the City Finance Manager may (but shall not be obligated to) record a notice of lien in the public records of Orange County, Florida, stating the description of the real property which is the subject of the action, the name of the owner of the real property and the amount then due and owing to the City. H. In the event that the City is required to enforce this section as provided above, then the City shall be entitled to recover from the owner all costs and expenses incurred, including but not limited to its reasonable attorneys' fees, paralegal fees and other costs and expenses, whether incurred prior to, during or subsequent to court proceedings or on appeal. I. Liens for such City-contracted work shall be coequal with all state, county and municipal taxes and shall be superior in dignity to all other liens, titles and claims until paid. 2