by SC Reporter Emilie Alfino
Sanibel City Manager Dana Souza explained to Council that the city has now “turned the corner” from seeking compliance on distressed properties to code enforcement.
“Some are not going to comply no matter how much we nudge them,” Souza said. “The city has been very generous, perhaps overly generous. I’m responsible for that.” Souza explained that discovering the reasons for owners’ noncompliance often led to a more lenient stance on the part of the City.
There currently are 38 code cases for distressed properties; 22 Notice of Violations have been mailed.
There are five cases for dangerous structures, and five Notice of Violations have been mailed, and the properties have been posted.
Seventy-seven notices for sign violations have been mailed, and 33 properties have since demonstrated compliance.
A distressed property is defined in the Code as:
• Any improved property… which has located upon or within… a nuisance condition which constitutes, or may constitute, a threat to the health, safety or welfare of any person…
• Any improved property… which fails to meet the minimum maintenance requirements and security standards based upon the inspection of the enforcement official from any public right-of-way or adjacent property (where legally authorized).…
The Code further states:
• Improved property shall be maintained in accordance with all applicable city codes and ordinances, state laws, relevant sanitary codes, and the Florida Building Code concerning external or visible maintenance.
• All front, side, and rear yard areas shall be free of litter, refuse, and debris, except temporary storage or placement of refuse and debris for appropriate disposal.
• Pools, fountains, hot tubs and spas shall be maintained so the water contained within in them remains free and clear of hazards, pollutants, debris, fungal or plant growth and shall not produce noxious odors nor act as a breeding ground for mosquitos.
• The exterior of a structure shall be kept and maintained in good repair, structurally sound and sanitary without excessive mold, mildew, or peeling and chipped paint to the degree that it detracts from the overall appearance of the property when viewed from any adjacent property (where authorized) or any public right-of-way or becomes a hazard to the public health, safety or general welfare. Walls shall be free of holes, loose or rotten wood, be weatherproofed and coated with paint, siding or similar protection to prevent deterioration.
• The roof and flashing shall be sound, tight and not have defects that admit leaks. Roof drains, gutters and downspouts shall be maintained in good repair and properly affixed. Roof water shall not be discharged in a manner that creates a public nuisance.
• Every exterior stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained and kept in sound condition and minimally safe repair.
• The roof, siding, awnings, chimneys, sheds, and other exterior structural elements of a property shall be kept and maintained in good repair and anchored in such a manner as not to become flying projectile in high winds.
Councilmember Holly Smith asked if the list of distressed properties and owners could be transparent and available to residents, or at least given to City Council members to assist them in answering any questions from residents. Souza said he was reluctant to do so for the reason that it would “shame” people or be embarrassing. He said he was willing to provide the list to Council. But Councilmember John Henshaw said he didn’t want a list “because that will get out and end up on social media, and we don’t want that.”
“I don’t necessarily need a list, but if I’m contacted by someone, I need to be able to reach out to the City Manager. I agree we have exhausted compliance, and it’s time to move to enforcement,” said Mayor Richard Johnson. “The City has a good action plan going forward.”
“We are committed to getting this resolved,” Souza concluded. “We understand the importance.”
People can contact Code Enforcement for more information.