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Home My WebLink AboutJ. Growth Management BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk Item: Yes NoL Department: Code Enforcement Staff Contact PersonlPhone #: Ronda Norman Ext #2517 AGENDA ITEM WORDING: Discussion and direction to establish a Process and Procedure for the removal of unsafe, unoccupied, non-homestead structures. ITEM BACKGROUND The goal of Code Enforcement is to protect the health safety and welfare of property owners within Monroe County by obtaining compliance with building and other codes established by the Commission. Often the processes for Code Enforcement may not provide the ultimate goal: which is to obtain compliance and remove unsafe conditions related to structures that have been abandoned after deterioration to a point where rehabilitation or renovation are no longer viable. Because the existing Code Enforcement process doesn't always yield the results to protect the safety of the citizens, staff is proposing an alternate process and procedure to improve the removal of unsafe, unoccupied, non-homestead structures. Attached is a draft recommended alternate process that has been reviewed by the Legal Department for legal sufficiency. The alternate process includes standards governing the demolition of certain structures that are of an extreme unsafe condition, unoccupied, and non-homestead whereby the standard code enforcement process has not provided the protection needed for the surrounding neighborhoods and public. The attached recommended process establishing procedures for the demolition of these unsafe, unoccupied, non- homestead structures and sets forth a procedure for the demolition of structures found uninhabitable, under this process. This procedure is essential to the public interest and is intended to effectuate the purposes as stated above in an effective and efficient manner. After discussion of this proposed process/procedure, staff will bring back a fmal document to seek approval by the Board of County Commissioners at a future date. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: TOTAL COST: Approx. $60.000 annuallv INDIRECT COST: _BUDGETED: Yes _No ~ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $6.000 per unit (estimated) - with lien filing on real property to assure future recapture of funds expended SOURCE OF FUNDS: REVENUE PRODUCING: Yes No-X- AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # DRAFT DRAFT DRAFT MONROE COUNTY UNSAFE, UNOCCUPIED, AND NON-HOMESTEAD UNINHABITABLE CODE ENFORCEMENT WITH STRUCTURE REMOVAL PROCEDURE DRAFT AS OF 3/30/10 Administrative Assistant 1. Monroe County Code Enforcement receives or initiates a complaint of an unsafe structure 2. Code Enforcement Administrative Assistant takes complaint and completes the "New Case" check list 3. Complaint is routed to the Code Enforcement Director for review Code Enforcement Director 1. Director reviews complaint and assigns the case to appropriate inspector Code Enforcement Inspector 1. Code Enforcement Inspector Inspects property and documents conditions. Reports back to Code Enforcement Director with Uninhabitable Structure Inspection Request/Referral Code Enforcement Director 1. Uninhabitable Structure Inspection Request and Referral given to the Building Official. Building Official 1. Building Official determines if possible demolition will be required. If determination is made that he property may need to be demolished the Building Official will make a site inspection with the Inspector 2. Building Official inspects property and completes Unsafe Structure Report for demolition if determined to be uninhabitable. 3. Building Official Posts NOTICE OF UNIHABITABLE STRUCTURE AT PROPERTY (includes language for appeal process, fines liens and Monroe County intent to Abate etc) 4. Building Official provides copy Uninhabitable Report to Code Enforcement Director and County Attorney CHOOSE ONE OPTION FOR PROCEEDING: Ootion #1 - Iniunctive Relief - County Attornev a. If violation presents an imminent threat to the health, safety, or welfare of the community, Assistant County Attorney will confer with Chief Assistant County Attorney on whether to seek a temporary injunction from the Circuit Court. b. If threat to health, safety, or welfare is so severe that time will not permit the County Attorney's Office to seek authority from the BOCC before seeking injunction, County Attorney will file petition for temporary injunction and inform the Commission and the Administrator by email. Otherwise, County Attorney will seek permission from BOCC at next regular BOCC meeting before filing suit. MONROE COUNTY UNSAFE, UNOCCUPIED, AND NON-HOMESTEAD UNINHABITABLE CODE ENFORCEMENT WITH STRUCTURE REMOVAL PROCEDURE DRAFT AS OF 3/30/10 Page 1 of 3 c. Relief sought will likely include order requiring demolition of offending structure within 20 days, and if that deadline is not met, authority for the County to demolish the offending structure and tax the costs to the property owner. If injunctive relief is not being sought, proceed below Option #2 - Traditional Code Enforcement - Special Maaistrate Building Official 1. After 20 day appeal period- if no appeal is filed with the Building Official, the referral is provided to the Code Enforcement Inspector for the file 2. If appeal of Building Official's Notice requested, the Appeal will be Scheduled to be Heard at the Board of Adjustments and Appeals - Appeal Procedures attached Code Enforcement Administrative Assistant & Inspector 1. Code Enforcement Inspector and Administrative Assistant prepare the case for hearing 2. Case file is reviewed by the Code Enforcement Director, the Assistant County Attorney and the Building Official for completeness and returned to the Administrative Assistant and Inspector and the Notice of Violation/Notice of Hearing is sent certified return receipt to the property owner of record Code Enforcement Inspector 1. Code Enforcement Inspector will post the Notice at the property and the Court House simultaneously. 2. The case is forwarded to the Liaison to the SpeCial magistrate and scheduled to be heard at the next Code Enforcement Special Magistrate hearing Liaison to the Special Magistrate 1. If found in violation at the hearing, the Special Magistrate will order demolition of said structure(s) and set a compliance date. Order is filed and sent to property owner. Assistant County Attorney o An additional request from the County will be made to the Special Magistrate requesting an order for approval to allow Monroe County to demolish said structure(s) and impose all costs of prosecution and demolition to be placed on the property as a lien if compliance is not achieved in the time set forth in the order. All requests for extensions of time to comply must be done through the Special Magistrate at the hearing Liaison to Special Magistrate 1. All orders will be filed in Monroe County Clerk of Court records and a copy provided to the property owner via US Mail or hand delivery 2. Filing an appeal of the Special Magistrates order runs for a period of 30 days 3. If appealed, case taken by County Attorney 4. If no appeal, Liaison send notice to Inspector to reinspect on compliance date for compliance MONROE COUNTY UNSAFE, UNOCCUPIED, AND NON-HOMESTEAD UNINHABITABLE CODE ENFORCEMENT WITH STRUCTURE REMOVAL PROCEDURE DRAFT AS OF 3/30/10 Page 2 of 3 5. If in compliance case is checked for outstanding fines, costs or liens imposed and closed if none due. 6. If not in compliance County will Notify the BOCC and request approval for demolition Monroe County 1. Requests RFQ for demolition contractors 2. Acceptance of lowest bid accepted 3. Contractor obtains necessary permits etc and completes demolition 4. Final inspections of demolition completed by Building Inspector 5. Payment to contractor by Monroe County Liaison 1. Property owner notified in writing of costs due for demolition & prosecution 2. Costs filed as a liens (if not paid in 30 days)in County Clerks office by Code Enforcement Liaison 3. After 90 days in house collections & foreclosure process begin MONROE COUNTY UNSAFE, UNOCCUPIED, AND NON-HOMESTEAD UNINHABITABLE CODE ENFORCEMENT WITH STRUCTURE REMOVAL PROCEDURE DRAFT AS OF 3/30/10 Page 3 of 3 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Growth Management Bulk Item: Yes No ..K.- Department: Building Staff Contact PersonlPhone #: Christine Hurley Ext. 2517 AGENDA ITEM WORDING: Discussion of options for Board of County Commissioner and ultimate FEMA consideration regarding proposed modifications to the County's floodplain management ordinances and related matters. ITEM BACKGROUND: FEMA regional office rejected the County's request to end the pilot inspection program but indicated a willingness to consider adjustments to the County's own floodplain management ordinances. At the March 2010 meeting, the Board requested monthly updates on staff s efforts to develop alternatives to the current ordinances. PREVIOUS RELEVANT BOCC ACTION: BOCC adopted first floodplain ordinance in 1975, which has been modified and amended several times during the intervening years. February 17, 2010 the Board adopted Resolution 026-2010 calling on FEMA to end the Pilot Inspection Program codified at 44 CFR 59.30 and directed staff to seek FEMA's response to the resolution during an arranged conference call on February 25,2010. March 17, 2010, Board requested monthly updates. CONTRACT/AGREEMENT CHANGES: nla STAFF RECOMMENDATIONS: nJa TOTAL COST: N/A INDIRECT COST: N/ A BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: N/A REVENUE PRODUCING: N/A AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM #