Title:
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Public Nuisance - Consider adoption of a Resolution issuing an Order to: declare the existence of a Public Nuisance at 120 S. Crystal View, Sanford; require corrective action by May 9, 2023; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owners. District4- Lockhart (Rebecca Hammock, Development Services Director) Presented By - Liz Parkhurst, Project Manager and Bob Pike, Building Official
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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:
Bob Pike/407-665-7460
Background:
The Board of County Commissioners, at its regularly scheduled meeting of February 13, 2024, authorized the issuance of a Notice of Determination of Public Nuisance, declaring the unoccupied structure and pool at 120 S. Crystal View, Sanford, 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 April 9, 2024, to allow time for noticing of all interested parties.
The Notice ordered that the offending structure and pool be repaired or rebuilt in compliance with the Florida Building Code or that the Nuisance be abated through demolition of the structure and pool. To date, none of these corrective actions have been accomplished. The purpose of the April 9, 2024 Public Hearing for which this Agenda Memorandum has been prepared, is to provide the record owners the opportunity to show cause, if any, why the subject structure and pool does not create a Public Nuisance, why the cost of abatement of this Nuisance should not be paid by the record owners, and/or why the cost of abatement should not be assessed as a lien against the land upon which the offending structure and pool are located.
Required notice has been provided to the record owners of this property. A timeline of notification attempts is as follows:
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: March 11, 2024.
• As of the preparation of this agenda memorandum, the Certified Mail nor First-Class Letters with Notice of Hearing have been returned.
• Summons as required by the Notice of Determination of Public Nuisance, were filed with the Sheriff’s Office on February 16, 2024. As of the preparation of this agenda memorandum, the summons has not been served to the record owners.
• Property was posted with the Notice of Determination of Public Nuisance on March 11, 2024.
• The Notice of Determination of Public Nuisance was published March 17, 24, 31, and April 7, 2024.
There is a related open 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.
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 structure and pool to be a Public Nuisance and describing the required corrective action that must occur by May 9, 2024. 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 owners of the affected property, and will become a lien against the property as provided in Section 168.10, Seminole County Code.
Requested Action:
Staff requests the Board of County Commissioners adopt a Resolution issuing an Order to: declare the existence of a Public Nuisance at 120 S. Crystal View, Sanford; require corrective action by May 9, 2024; and authorize necessary corrective action by the County in the event the Nuisance is not abated by the record owners.