Dealing With Distressed and Dangerous Properties

by SC Reporter Emilie Alfino

Since Hurricane Ian impacted Sanibel, the Code Enforcement Division has been working with property owners to gain voluntary compliance with Sanibel’s Code. There have been many properties that have been brought into compliance without the need to initiate enforcement action. Likewise, there are multiple properties that remain in distressed or even dangerous condition.

Following Hurricane Ian, there were well over 100 properties likely considered distressed (“After Ian, pretty much every structure may have been able to be declared distressed,” said City Manager Dana Souza). Some have fallen off the list, while others have been added. As of the February 18 joint Council/Commission workshop, Souza reported there remain 41 distressed properties and 12 dangerous properties, for a total of 53.

Well over 200 properties have been demolished, some by the owner, knowing the property could not be repaired, and others at the “nudging” of the city and code enforcement. Souza said considering everything, the problem properties remaining are manageable. In the move from a compliance posture to an enforcement process, Souza said the city wanted to give people a little more time, as some owners have various reasons (cost, insurance, estate property, etc.) for not complying to date.

“That said, certain properties look horrible and have since the storm, and we’re addressing those,” Souza said. He gets a weekly update from Code Enforcement.

The distressed number that have approved abatement plans now stands at 22, up from 13. Once a property owner is notified of a violation, they have 10 days to make repairs or to apply to the Planning Department for an abatement plan. Planning then meets with the applicants to put a reasonable time frame on making repairs.

The remaining 19 distressed properties have not applied for abatement plans and have not responded to the city’s notifications. If they do not respond, they will be brought to the hearing officer in Code Enforcement. There are a number of properties that could go to a hearing in March or April.

Of the 12 dangerous buildings, some have accepted their certified letter, others have not. There are seven property owners that have accepted. Some are moving forward, at least talking with staff about options. There are some owners of dangerous properties

that might hold to the belief that those properties can be repaired, and that’s where the 50 percent rule comes into play. Using the appraised value of the structure, if the repair cost exceeds 50 percent of that value, then the property must be brought up to code including flood regulations. A lot of the properties on the dangerous list will have to be demolished.

There are some significant differences in the authority the city has to abate property considered distressed versus dangerous. There is more authority under dangerous buildings and hazardous lands than under distressed properties.

Souza listed some highly visible properties.

1067 Bailey Road – the garage on Bailey and Periwinkle. Last week this property changed ownership and was provided a 10-day extension for an abatement plan so it could move through closing. The buyer is aware it’s considered a distressed property. Importantly, the gas station is distressed, but the residence behind the station is considered dangerous property. The new owner is aware of this. Code Enforcement will reach out to make sure they’re moving forward.

1048 Periwinkle Way – Dairy Queen. This has not been declared distressed although it’s obvious it’s in a deteriorated state. They have applied for a permit and the code states that if they have, the City will work with them to allow them to make repairs. There has been a lot of discussion about the 50 percent rule and multiple meetings with the property owner. Various options have been considered, including a historic property designation, demolishing the building, and a desire to keep the building and try to work within the code to preserve it. If there are delays to continuing progress, the City will have to move forward to enforcement. One complicating factor is that it is exactly under an active eagle nest.

1223 Periwinkle Way – Tipsy Turtle. This is for sale. There has been no response from the property owner for notice of violation issued. It is a dangerous property. They have 60 days to respond with a plan to repair or demolish. This is being tracked.

1446 Periwinkle Way – Antique store. The owner is working on an abatement plan with City staff that is not completed. Otherwise the City will have to take Code Enforcement action. The city needs permission from the owner to inspect the structure at the rear of the property where you can see damage to the portion of the building that faces Periwinkle Way.

4819 & 4788 Tradewind – Severely damaged and labeled dangerous buildings. The property owner has received notices. Both properties have been posted, and they are obtaining bids to demolish.

1447 Tahiti Drive – This is a dangerous building, and there has been no response from the property owner. It might look okay from the outside, but there are several conditions that put it into the dangerous building category. This will likely go to Code Enforcement.

1234 Par View Drive – Souza said he listed this as high visibility because neighboring property owners have come forward publicly. This is an example of a property that is in an estate being managed by children of the owners who are elderly. The city has been having lots of conversations about their intention to fix the building, but they are not doing so, and staff and adjacent property owners have become frustrated. They now have an abatement plan, and the city will hold them to that schedule.

Under the code, the City does not currently have the ability to go in and abate doors and windows and the like but can abate what is visible to others – basically, clean-up. “Perhaps we need to give staff a little more teeth. We don’t have that right to enter. That’s a limitation you might want to look at,” Souza explained.

Can the city do anything about neighbors not mowing their lawns? No, said Deputy Planning Director Craig Chandler, who has reviewed 20-30 abatement plans, none of which have included restorations to the grounds. “Nuisances like rat infestations, though, can be addressed by Code Enforcement,” he said.

Souza continued, “There are area where the distressed property code could be amended to give us the opportunity to address it both within the post-Ian environment but always. There’s always a property that someone has a complaint about. The code should provide us with an opportunity to go in and address those. There are plenty of places throughout the state of Florida to look to for examples.”

Having authority to go in and abate a property is not currently allowed in the code. “You can provide some amendments to the code,” Souza told the city officials, “to go to the Planning Commission then to City Council for two readings for an ordinance change.”

When several council members and commissioners expressed the desire to move more quickly than that, City Attorney John Agnew explained, “Mayoral proclamations are for creating regulations or restrictions for the protection of public health, like curfew. This subject is not right for a Mayoral Proclamation. It is a Code Enforcement, a creature of the code, and we really need to make a change to the code.”

Agnew explained, however, that there are emergency ordinances. “When there is an emergency, it can be appropriate, for as long as the emergency continues. We’ve had a continuous state of emergency since Ian, so we could enact it on an emergency basis. It would still need to go through a traditional passing. If you don’t accomplish that within 60 days, it would become null and void. We could pass the emergency ordinance at the next City Council meeting, and then you can go back and refine it during Planning Commission meetings.”

Souza added that the city has hired a Code Enforcement Manager, funded in the current budget. He has extensive experience in code and law enforcement and worked in Lee County as a Code Enforcement official. He comes on board in early March.

More SC coverage from the joint Sanibel City Council and Planning Commission workshop on Feb. 18:
• Sanibel Council, Plan Commission Hold Joint Workshop
• Public Has Much to Say at City Workshop
• Developed Areas, Fill Question Going To Planning Commission