HomeMy WebLinkAboutAppeals Board - Unsafe Building Abatement CodeDavid,
Per our discussion with the City Manager earlier this week and for this
upcoming City Council agenda, attached are two ordinances related to
delegating the appeal authority under the Unsafe Abatement Code to the
Code Enforcement Board. The rationale for the ordinances was previously
discussed and is expressed in the ordinance recitals.
The first is an emergency ordinance which would immediately delegate
the authority to the Code Enforcement Board effective December 19th.
Per the City Charter, this Ordinance will stand automatically repealed
on the 61st day after adoption (February 18, 2018), unless sooner
terminated or reenacted by Council, because it’s an emergency ordinance.
If the property owner at 305 Surf files an appeal related to the
swimming pool notice of violation, the Unsafe Abatement Code will
require (unless extended by mutual agreement of the City and the
property owner) that the appeal hearing occur within 10 days from the
date that the appeal is filed with the City. The emergency ordinance is
necessary to address this possibility in a timely manner. No newspaper
advertisement is required for the adoption of an emergency ordinance.
The second ordinance is a regular ordinance which would amend the City
Code to permanently delegate the appeal hearing responsibilities under
the Unsafe Abatement Code to the Code Enforcement Board. This Ordinance
will need to be advertised, in a newspaper of general circulation, 10
days prior to the second and final reading.
If you have any questions, please contact me. Further, I believe the
property owner has until December 21st to comply with the building
official’s notice of violation. In the meantime, if a notice of appeal
is filed by the property owner, please let me or Kristin know.
Regards,
Anthony
Garganese, Weiss & D'Agresta, P.A.
Anthony A. Garganese, Shareholder
Board Certified in City, County & Local Government Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: sshell@orlandolaw.net <mailto:sshell@orlandolaw.net>
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