Title:
title
Nuisance Abatement Declaration Request - Adopt the Resolution issuing an Order to: declare the existence of a Public Nuisance at 1516 Bear Woods Lane, Apopka, FL 32703; require corrective action by March 16, 2023; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owner (Liz Parkhurst, Development Services Program Manager)
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Authorized By:
Rebecca Hammock
Division:
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Development Services - Building
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Contact/Phone Number:
Bob Pike - 407-665-7460
Motion/Recommendation:
1. Adopt the Resolution issuing an Order to: declare the existence of a Public Nuisance at 1516 Bear Woods Lane, Apopka, FL 32703; require corrective action by March 16, 2023; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owner; or
2. Deny adoption of the Resolution issuing an Order to: declare the existence of a Public Nuisance at 1516 Bear Woods Lane, Apopka, FL 32703; require corrective action by March 16, 2023; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owner; or
3. Continue the request to a time and date certain.
Background:
The Board of County Commissioners, at its regularly scheduled meeting of December 13, 2022, authorized issuance of a Notice of Determination of Public Nuisance, declaring the unoccupied structures at 1516 Bear Woods Lane, Apopka, FL 32703, a Public Nuisance as defined in Section 168.1, Seminole County Code (attached hereto, and hereinafter referenced as the “Notice”). This Notice also set the public hearing date as February 14, 2023 to allow time for noticing of all interested parties.
The Notice ordered that the offending structures be repaired or rebuilt in compliance with the Florida Building Code or that the Nuisance be abated through demolition of the structures. To date, none of these corrective actions have been accomplished. The purpose of the February 14, 2023 Public Hearing for which this Agenda Memorandum has been prepared, is to provide the record owner the opportunity to show cause, if any, why the subject structures do not create a Public Nuisance, why the cost of abatement of this Nuisance should not be paid by the record owner, and/or why the cost of abatement should not be assessed as a lien against the land upon which the offending structures are located.
Required notice has been provided to the record owner of this property. A timeline of notification attempts is as follows:
SAMUEL NOH
Mailing Address: 1516 Magnolia Drive, Apopka, FL 32703-7843
Second Mailing Address: 2058 Pine Isle Lane, Naples, FL 34112
Property Address: 1516 Bear Woods Lane, Apopka, FL 32703
Parcel ID: 18-21-29-507-0D00-0090
Legal Description: LOT 9 BLK D PARADISE POINT 3RD SEC PB 9 PG 74
- Certified and First-Class Letters sent: December 20, 2022.
- Certified Mail returned undeliverable: December 28, 2022.
- First Class Letter returned undeliverable: December 28, 2022.
- Summons as required by the Notice of Determination of Public Nuisance, was filed with the Seminole County Sheriff’s Office on December 20, 2022. As of the preparation of this agenda memorandum, the summons has not been served to the record owner.
- Summons as required by the Notice of Determination of Public Nuisance, was filed with the Collier County Sheriff’s Office on January 4, 2023. As of the preparation of this agenda memorandum, the summons has not been served to the record owner.
- Property was posted with the Notice of Determination of Public Nuisance on January 17, 2023.
- The Notice of Determination of Public Nuisance was published in the Orlando Sentinel on January 22 & 29 and February 5 & 12, 2023.
Currently there are no open code enforcement violations cited against this property.
Because no corrective action has been taken, and there continues to be a steady decline in the condition of the property, Staff recommends that the Board of County Commissioners issue an Order by Resolution declaring the unoccupied structures to be a Public Nuisance and describing the required corrective action that must occur by March 16, 2023. In the event Seminole County must take corrective action to abate the Public Nuisance, the cost of such action, together with the cost incurred in the administration of the Public Nuisance certification, the searching of the public records to determine ownership, and in serving the notice, will all be assessed against the record owner of the affected property, and will become a lien against the property as provided in Section 168.10, Seminole County Code.
Staff Recommendation:
Recommend the Board of County Commissioners adopt a Resolution issuing an Order to: declare the existence of a Public Nuisance at 1516 Bear Woods Lane, Apopka, FL 32703; require corrective action by March 16, 2023; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owner.