Title:
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Issue a determination that the unoccupied structure and pool located at 120 S. Crystal View, Sanford, is a Public Nuisance and authorize the Building Official to: (1) serve notice of this determination pursuant to Sections 168.5 and 168.6, Seminole County Code; and (2) set a date of April 9, 2024 for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code. District4-Lockhart (Liz Parkhurst, Project Manager)
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Division:
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Development Services - Building
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Authorized By:
Rebecca Hammock, Development Services Director
Contact/Phone Number:
Liz Parkhurst/407-665-7451
Background:
Pursuant to Chapter 168, Seminole County Code, the Building Official is requesting that the Board: (1) issue a determination that the structure and pool located at 120 S. Crystal View, Sanford are a Public Nuisance; (2) authorize the Building Official to notice the owners of this determination and set a date of April 9, 2024 for a "Show-Cause" public hearing, in accordance with Sections 168.5-168.7, Seminole County Code.
At the March 28, 2023 Board of County Commissioners hearing, Desmond Morrell, Senior Assistant County Attorney provided an update as to the status of this property. Mr. Joseph Frein, the attorney representing the family, requested 30 days to address the immediate concerns. Mr. Frein asked the Board for a continuance to allow for probate and a potential sale of the property to be completed.
On April 18, 2023, a letter was sent to the property owner and Mr. Frein that stated the structure and property were in an imminently hazardous nuisance condition, requiring the structure and pool be secured. A second letter was also sent on that same date to the property owner and Frein noticing them of the Building Official’s determination of a public nuisance, requiring permits to be obtained to either bring the structure up to code or demolish the structure and pool.
On June 12, 2023, at the request of Mr. Frien, the Building Official inspected the property and found the structure and pool unsecured. The structure and pool were later secured by the family, and Mr. Frein requested that the Building Official reinspect the property. On July 10, 2023, the Building Official found the property was secured and in compliance.
A notice was received from Mr. Frein on November 16, 2023, that the sale of the property was no longer proceeding. After reinspection of the property on December 21, 2023, the Building Official found the property and pool again unsecured.
The Building Official's certified findings are attached to this Agenda Memorandum, finding that the structure and pool at 120 S. Crystal View, Sanford is: unoccupied and unsuitable for occupancy; dangerous and unsafe; a fire hazard; and a hazard to the safety or health of the general public, all by reason of inadequate maintenance, dilapidation and abandonment. Based on the foregoing, the Building Official has hereby declared this structure and pool are a Public Nuisance under the provisions of Chapter 168, Seminole County Code.
The Building Official made contact with the record owners of this property. A timeline of notification attempts follows below:
MARY E. BAKER and MICHAEL M. BAKER II
Mailing Address: 25955 SE HIGHWAY 42, UMATILLA, FL 32784-9184
Property Address: 120 S. CRYSTAL VIEW, SANFORD, FL 32773
Parcel ID: 03-20-30-511-0000-0080
Legal Description: LOT 8 + BEG SE COR LOT 7 RUN N 29 DEG 38 MIN W 111.8 FT N 70 DEG 40 MIN E 20 FT S 19 DEG 20 MIN E 110 FT TO BEG REVISED SURVEY OF LOT 15 + SLY 16.57 FT OF LOT 16 LOCH ARBOR ISLE OF PINES SEC 2 ORB 494 PG 550
- Certified and First-Class Letters sent: April 18, 2023
- Certified Mail returned undeliverable: April 24, 2023
- First-Class Letter not returned
- Certified and First-Class Letters notifying of hearing date sent: January 22, 2024
- As of the preparation of this agenda memorandum, the Certified Mail nor the First-Class Letters with Notice of Hearing have been returned
- Property was posted with the notice of hearing on January 23, 2024.
There is a related Code Enforcement Board case for trash and debris which is now in compliance. An Order Finding Non-Compliance and Imposing Fine/Lien was imposed by the Code Enforcement Board on September 28, 2017, with the fine continuing to accrue. After inspection on July 27, 2023, the Code Enforcement Officer filed an Affidavit of Compliance. The accrued fine/lien totals $218,600.00.
Additionally, there is a lien imposed by the County for securing the pool with a fence due to the imminently hazardous condition. The lien was recorded on September 6, 2023 for the total administrative costs of $2,051.33. This amount assesses Statutory interest which compounds daily.
If the Board determines that the structure and pool at 120 S. Crystal View, Sanford, constitute a Public Nuisance, the Notice of Determination of a Public Nuisance and a summons for the "Show-Cause" public hearing will be served upon the record owners, or posted and published in a paper of general circulation in Seminole County, pursuant to Section 168.6, Seminole County Code.
Requested Action:
Staff requests the Board issue a determination that the unoccupied structure and pool located at 120 S. Crystal View, Sanford, is a Public Nuisance and authorize the Building Official to: (1) serve notice of this determination pursuant to Sections 168.5 and 168.6, Seminole County Code; and (2) set a date of April 9, 2024 for a "Show-Cause" public hearing, as prescribed in Sections 168.5-168.7, Seminole County Code.