"Emergency Demolition"

[Springfielder]

Love the video, it's wonderful!

I also sent my letter to everyone...let's hope this can be stopped!

[iloveionia]

I sent the letter to the masses too.
Excellent, excellent video Chicken.

[ChriswUfGator]

Beautiful video!

[Cliffs_Daughter]

I hope this link can come up for you. I traced it in the CARE system.

http://care.coj.net/FindbyNumPrintFormat.asp?yr=2011&num=36763

[Cliffs_Daughter]

SORRY.... THAT LINK WORKS ON MY COMPUTER, BUT DIDN'T REALIZE IT WON'T GO OUTSIDE.
PUBLIC RECORDS AND ALL, HERE'S WHAT IT SAID:
_________________________________________________________________


Number:   2011 - 36763   Status:   Active   
Entered On:   Jan 07, 2011   9:50:00 AM   Est. 1st Action:   Jan 08, 2011   Est. Completion On: Jun 24, 2011
Entered By:   mikeo@coj.net   Entered By's Dep/Div:   Environmental and Compliance/Municipal Code Compliance
Description:   Unsafe Structure
Division:   Municipal Code Compliance   Sub.Division:   Property Safety
Source:   General Citizenry   Who Notified:   Code Enforcement Officer
Address:   1612 Market St N   
Council District:
7 - Dr. Johnny Gaffney   CPAC:
Urban Core   Waste Hauler:
CITY   Park Area:
Area 1   Zipcode:
32206   JSO Subsector:
B-2
Comments:   Transfering case to unsafe track

   Interested Party / Complainant Information   
No Information Available


  List of Actions   

Action Date:   Jan 18 2011 3:37PM   Est.Completion:   Jun 24 2011 9:50AM   Entered:   Jan 18 2011 3:37PM
Action:   Work in Process   Action Taker:  76
Assigned To:   Environmental and Compliance / Municipal Code Compliance / Property Safety
Comments:   Abtract work completed

Action Date:   Jan 7 2011 3:19PM   Est.Completion:   Jun 24 2011 9:50AM   Entered:   Jan 7 2011 3:19PM
Action:   Work in Process   Action Taker:  239
Assigned To:   Environmental and Compliance / Municipal Code Compliance / Property Safety
Comments:   Violations Observed. Property has been cited.

Action Date:   Jan 7 2011 11:02AM   Est.Completion:   Jun 24 2011 9:50AM   Entered:   Jan 7 2011 11:02AM
Action:   Work in Process   Action Taker:  234
Assigned To:   Environmental and Compliance / Municipal Code Compliance / Property Safety
Comments:   2011-36763 Set Flag for JEA and permits needed as instructed by officer O'loughlin's comment dtd 01/07/11. . .jdv

Action Date:   Jan 7 2011 11:01AM   Est.Completion:   Jun 24 2011 9:50AM   Entered:   Jan 7 2011 11:01AM
Action:   Work in Process   Action Taker:  234
Assigned To:   Environmental and Compliance / Municipal Code Compliance / Property Safety
Comments:   2011-36763 Set Flag for JEA and permits needed as instructed by officer O'loughlin's comment dtd 01/07/11. . .jdv

Action Date:   Jan 7 2011 10:13AM   Est.Completion:   Jun 24 2011 9:50AM   Entered:   Jan 7 2011 10:13AM
Action:   Work in Process   Action Taker:  239
Assigned To:   Environmental and Compliance / Municipal Code Compliance / Property Safety
Comments:   2011-36763 Owner uncovered unsafe conditions while conducting renovation, and now intends to demolish the structure at the recommendation of his structural engineers report enclosed as attachment in case. MikeO

Action Date:   Jan 7 2011 10:02AM   Est.Completion:   Jun 24 2011 9:50AM   Entered:   Jan 7 2011 10:02AM
Action:   Assigned   Action Taker:  1
Assigned To:   Environmental and Compliance / Municipal Code Compliance / Property Safety
Comments:   Case assigned

Action Date:   Jan 7 2011 9:50AM   Est.Completion:   Jun 24 2011 9:50AM   Entered:   Jan 7 2011 9:50AM
Action:   Open   
Assigned To:   Environmental and Compliance / Municipal Code Compliance / Property Safety

[Springfielder]

You can see how it will now make for a much bigger yard for the owner, once it's down



death awaits

[ChriswUfGator]

The piers underneath the house are still there in your photo. Someone lied about that to get the demolition approved...

[Springfielder]

Chirs, that's my point....and that's the city's inspectors     

[stjr]

Seems like a "smart" owner might have considered "connecting" his house to this for a cheap, efficient, "addition" or doing some minimal work to make this house a detached "guest house/studio/office/bonus room" and just adding the back yard to his by extending the fencing for the extra yard he wants.

[fieldafm]

I'm about to send another email out to the list... what's the current status?

[ChriswUfGator]

Chirs, that's my point....and that's the city's inspectors     

That's deplorable, but certainly doesn't surprise me when it comes to COJ code enforcement. Those people always seem to have some agenda that has little or nothing to do with property safety. At least that was generally my own experience with them. There is nothing unsafe or unsound about this property, it seems clear everyone is playing ball because the owner is the one who wants it gone, and code enforcement has devolved into viewing their job as making sure places get torn down.

[Springfielder]

I couldn't agree more, that code enforcement is just playing along and flexing their muscles...there's nothing imminently dangerous that is a public safety issue with this house. If there's structural damage, it can be repaired and the contractor should have to pay for it.

[Springfielder]

It's a done deal, the order will be signed and the house will come down. Doesn't matter that it's pure BS, doesn't matter that the city could've forced the owner/contractor to make emergency repairs to 'stabilize' the structure. Code enforcement wins, and the owner gets what he wanted all along, a bigger yard for a pool...and the historic district loses

[fieldafm]

Sent another email.

What ashame that the proper channels are being allowed to be circumvented in this manner.

We as a community collectively lose when this is allowed to happen.

[iloveionia]

This is a case of Demolition by Neglect.
Truth.
Here is the code/consequences:

Sec. 307.111. - Enforcement; civil remedies.

(a)
Except as otherwise provided herein, the requirements of this Chapter shall be enforced by the Planning and Development Department as follows:

(1)
By the Special Magistrate pursuant to the authority granted by F.S. Ch. 162, Part I, and Ch. 91, Ordinance Code, however, in no instance shall a civil penalty less than $100 per violation per day of violation be imposed;

(2)
By citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code, however, in no instance shall a civil penalty less than $100 per violation per day of violation be imposed;

(3)
By action for civil penalties through a court of competent jurisdiction as follows:

(i)
The civil penalty for convictions of violations committed by an agent hired by or working on behalf of the property owner to perform work or by a property owner who performed such work him or her self on any structure or property regulated under this Chapter or for violations of Section 307.110 shall be as follows:

(1)
$1,000 for a first violation;

(2)
$2,000 for a second violation; and

(3)
$3,000 civil penalty for a third or subsequent violation, and the violator shall be prohibited from applying for a certificate of appropriateness for work not associated with the correction of the violation for a period of three months.

Additionally, the violator shall be prohibited from applying for any certificate of appropriateness until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against application for a certificate of appropriateness contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final.

(ii)
Civil penalties assessed against property owners who did not do the unauthorized work themselves for violations of this Chapter shall in no instance be less than $50 and no more than $500 per day per violation.

(4)
By an action for injunctive relief through a court of competent jurisdiction; and

(5)
Violators holding a contractor's certification or license shall in all instances be referred to the Construction Trades Qualifying Board, and/or the appropriate state licensing board, for further enforcement.

Each day and each unauthorized alteration of each separate historic element regulated by this Chapter shall constitute a separate violation of this subpart (a).

(b)
In cases where a structure has been either demolished or relocated in violation of this Chapter, or where any building has to be demolished by the City pursuant to the property safety requirements of Chapter 518 and the owner of said building has received two or more notices from the City regarding neglect or failure to comply with Chapter 518 as they pertain to the structure, a civil penalty shall be assessed in an amount equal to 30 percent of the market value of the property and structure(s) prior to its demolition, however this civil penalty shall be no less than $10,000. This civil penalty shall be in addition to and separate from any costs incurred by the City in removal of any structure and otherwise recoverable from the property owner. Additionally and separate from any civil penalty provision in this Section, there shall be no certificate of appropriateness issued for new development on the subject property for a period of one year from the date the City's judgment for civil penalties has become final, unless and only when such certificate of appropriateness is issued to correct and repair a partial demolition.

(c)
In addition to civil penalties, any person altering, demolishing or relocating all or any portion of property in violation of the provisions of this Chapter may be required to repair or restore any such property or to return it to its former location and condition.

(d)
In cases where the violation is of a nature such that it can be readily and appropriately reversed, the property owner or agent shall have 10 days from notice of the existence of a violation or issuance of a citation or stop work order to begin corrective action or reversal of the violation before a civil penalty may be levied. If the corrective action or reversal of the violation is not commenced in a significant manner (such as hiring a contractor to begin corrective measures or filing an application for a certificate of appropriateness to perform such corrective action), civil penalties shall accrue from the date the notice, citation or the stop work order was initially provided to the property owner or agent. Filing an application for a certificate of appropriateness seeking to gain after-the-fact approval of the unauthorized work shall not be considered commencement of corrective actions. All corrective actions under this subpart shall be complete within six months after receiving an approved certificate of appropriateness, unless an extension of time is granted in writing by the Director of the Planning Department.

(e)
The owner or tenant of any structure subject to the regulations of this Chapter and any architect, planner, surveyor, engineer, realtor, attorney, builder, contractor, agent or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the same penalties as the person or entity actually performing the unauthorized actions.

(f)
The daily accrual of any civil penalty shall be tolled from the date a complete application for a certificate of appropriateness seeking after-the-fact approval of unauthorized work is filed with the Planning Department until a final decision is rendered on such application. If such application results in a denial in whole or in part for the unauthorized work, the civil penalty authorized under this Section for work associated with such denial shall be tallied uninterrupted from the original date of the violation.

(g)
Work that has been done without first obtaining a required certificate of appropriateness or that has been done in violation of or contrary to an approved certificate of appropriateness, including any conditions imposed therein, shall be considered irreparable or irreversible.

(h)
Civil penalty payments recovered pursuant to this Chapter shall be used to fund enforcement efforts under this Chapter, with any remainder deposited into the Historic Preservation Trust Fund on an annual basis. Upon successful prosecution of any violation of this Chapter wherein the City has filed suit in a court of competent jurisdiction to recover a civil penalty and/or obtain injunctive relief, the City shall be authorized to recover its reasonable attorney's fees and costs.

(Ord. 90-706-486, § 3; Ord. 94-337-183, § 15; Ord. 2004-429-E, § 14; Ord. No. 2006-847-E, § 1)