Bayou Hotel Property Update. December 6, 2016 Board of Commissioners

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1 Bayou Hotel Property Update December 6, 2016 Board of Commissioners

2 Current City/Police Actions Continued Police presence through directed patrols and foot patrol. Continued undercover operations to target illegal drug sales, illegal drug possession, and prostitution occurrences on these properties. Continued Police initiatives to incorporate Crime Prevention through Environmental Design (C.P.T.E.D.) in these areas. Some this this has already occurred with regard to enhanced lighting. Continued Police partnerships with our Crime Watch groups to report crime in these areas. Continued Code enforcement action to include the City s Fire Marshall, Building Department, and Planning and Zoning Department. Continued outreach to State agencies (such as the D.B.P.R.) to monitor and investigated possible violations. Continue communication with Hotel owners to put in measures to eradicate criminal activity on their properties. Continue to partner and listen to Community members concerns/ideas regarding these hotels.

3 Sunbay Motel Tarpon Inn Eureka Apts

4 Sunbay Motel Tarpon Inn Eureka Apts

5 Update Outstanding Code Violations Tarpon Inn Tarpon Inn has been working diligently with City Staff and is substantially in compliance with Building Development and Fire Code requirements.

6 Update Outstanding Ordinance Violations 199 Grand Boulevard BUILDING DEVELOPMENT DEPARTMENT CODE VIOLATIONS Fill all opening on the exterior walls, soffit area and fascia. Repair and damaged and/or broken window screening. Repair any damaged and/or broken window(s). Repair or replace deteriorated door frames. Repair or replace deteriorated window frames. Install structures address on the front elevation per City Standards. Repair or replace the exterior lighting fixture located in the stairway ceiling. Repair the second floor vinyl vented soffit area or replace. Repair the loose wood flooring on the second floor wood deck to the north rooms. Foam/seal any opening in the second floor ceiling area. Repair the second floor fascia that is missing and/or damaged. Paint/seal any exposed wood located on the second floor flat roof area and the first floor fascia. Ensure the rear exterior emergency egress stairs are structurally sound. Repair any deteriorated doors. Remove all debris under the rear second floor egress wood walkway. Remove or permit the rear non-permitted structure/room. Foam/seal around all A/C units installed in the rear first floor sealed up window openings. Remove the brick on the first riser of the rear egress stairs and install concrete area for stability. Also, ensure riser height meets Florida Building Code. Repair any damaged wood/chain link fencing around the property.

7 Update Outstanding Ordinance Violations 199 Grand Boulevard FIRE MARSHAL/FIRE DEPARTMENT CODE VIOLATIONS Building address not visible from the street. The structure needs to be marked with RF emblem for light weight truss roof and floors. Several window on the first floor are obstructed/blocked with plywood. Several window screens on the second floor are attached/secured to the frame. No visible fire extinguisher for the second floor. Missing light bulbs (live parts) in several light fixtures at the apartment entrances. The remaining fixtures throughout the complex have no bulbs (live parts). Several fixtures broken hanging wires. Exposed wiring in several areas along the complex. Wiring for lights on courtyard wall are not installed on a GFCI circuit. Conduit on the same wall is not attached. The junction box at the electrical meter is not mounted. Low hanging communication and electrical wiring behind the building. The second floor emergency egress stairs are decayed and not stable.

8 Update Outstanding Ordinance Violations 57 West Tarpon Avenue (Sunbay) BUILDING DEVELOPMENT DEPARTMENT CODE VIOLATIONS Fill all opening on the exterior walls, soffit area and fascia. Repair and damaged and/or broken window screening. Repair any damaged and/or broken window(s). Repair or replace deteriorated door frames. Repair or replace deteriorated window frames. Install structures address on the front elevation per City Standards. Repair or replace the exterior lighting fixture located in the stairway ceiling. Repair the second floor vinyl vented soffit area or replace. Repair the loose wood flooring on the second floor wood deck to the north rooms. Foam/seal any opening in the second floor ceiling area. Repair the second floor fascia that is missing and/or damaged. Paint/seal any exposed wood located on the second floor flat roof area and the first floor fascia. Ensure the rear exterior emergency egress stairs are structurally sound. Repair any deteriorated doors. Remove all debris under the rear second floor egress wood walkway. Remove or permit the rear non-permitted structure/room. Foam/seal around all A/C units installed in the rear first floor sealed up window openings. Remove the brick on the first riser of the rear egress stairs and install concrete area for stability. Ensure riser height meets Florida Building Code. Repair any damaged wood/chain link fencing around the property.

9 Update Outstanding Ordinance Violations 57 West Tarpon Avenue (Sunbay) BUILDING DEVELOPMENT DEPARTMENT CODE VIOLATIONS - CONTINUED Re-establish and ensure the dumpster enclosure is operable. Exposed plywood/particle board between first floor soffit and second floor fascia/soffit on the side elevation. Provide an engineer s letter on the second floor exposed roof joists that display signs of termite and possible mold damage. Repair all deteriorated/wet areas in the ceiling drywall on the second floor. Repair any holes in the drywall in the second floor walls. Repair the second floor area that is missing laminate at the door opening. Replace any second floor light fixture that has experienced dampness and/or water from the roof leaking. Repair all exposed electrical wiring on the second floor. Provide a safety inspection letter form a Florida licensed electrical contractor. Reinstall all interior door and floor trim. Repair the electrical double gang box in the office area. Repair the ceiling corner of the first floor office area that was damaged by water intrusion. Remove all exposed romex wiring in the rear first floor area at the hallway location to the non-permitted room. Remove all electrical in the non-permitted room. Remove all plumbing in the non-permitted room. Revise the gas water heater on the exterior first floor adjacent to the unpermitted room. The exhaust terminates on the adjacent property. Ensure the gas water heater cabinet is weather tight. Clear out the laundry room on the rear first floor adjacent to the unpermitted room to provide required clearances for the electrical service. Ensure no infestation of insects/bed bugs exist as the occupants indicated.

10 Update Outstanding Ordinance Violations 57 West Tarpon Avenue (Sunbay) FIRE MARSHAL/FIRE DEPARTMENT CODE VIOLATIONS Install 10 year battery smoke detectors in each room. Unsafe storage of materials and excess debris. Remove all combustibles below the second floor rear deck. Exposed wires and connectors. Rear non-permitted room does not meet NFPA 1. Gas water heater not property vented. Electrical room behind the manager s office wiring not per code and obstructed, too narrow. Several light fixtures behind the manager s office /storage room have no globes. Exposed wires over the stairwell light fixture. Ceiling fans on the second floor rooms not per code. Provide emergency instructions to occupants/guests for each room. Furnishings, mattresses, and decorations not identified as compliant with NFPA 1. Facility does not provide heat as required per Florida Statute 83- Residential Tenancies. Portable space heaters not authorized per NFPA 1.

11 Florida Statute : Taking property to eliminate nuisance, slum, or blight conditions prohibited. (1) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, the state, any political subdivision as defined in s. 1.01(8), or any other entity to which the power of eminent domain is delegated may not exercise the power of eminent domain to take private property for the purpose of abating or eliminating a public nuisance. Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, abating or eliminating a public nuisance is not a valid public purpose or use for which private property may be taken by eminent domain and does not satisfy the public purpose requirement of s. 6(a), Art. X of the State Constitution. This subsection does not diminish the power of counties or municipalities to adopt or enforce county or municipal ordinances related to code enforcement or the elimination of public nuisances to the extent such ordinances do not authorize the taking of private property by eminent domain. (2) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, the state, any political subdivision as defined in s. 1.01(8), or any other entity to which the power of eminent domain is delegated may not exercise the power of eminent domain to take private property for the purpose of preventing or eliminating slum or blight conditions. Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, taking private property for the purpose of preventing or eliminating slum or blight conditions is not a valid public purpose or use for which private property may be taken by eminent domain and does not satisfy the public purpose requirement of s. 6(a), Art. X of the State Constitution. History. s. 2, ch

12 Special Area Plan Character Districts Spring Bayou and Downtown Districts

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15 Excerpt City Attorney s Memorandum December 1, 2016 In Florida, ad valorem taxes must be consistent and each tax payer must only pay their fair share. Taxing properties at varying levels, notwithstanding homestead or other tax exemptions, would raise insurmountable constitutional concerns. Section , Florida Statutes, requires a property appraiser to consider a series of factors in determining just valuation for ad valorem tax purposes.[1] Article VII, Section 4 of the Florida Constitution states that (2) No assessment shall exceed just value. [2] In ITT Community Development Corporation v. Seay, the Florida Supreme Court held that a statute (commonly referred to as Pope s Law) which attempted to determine fair market value on certain parcels for taxing purposes violated the just valuation constitutional provision. In their holding, the Florida Supreme Court stated that [d]emocratic philosophy mandates that every taxpayer be treated consistently, and that everyone contribute his fair share, and no more and no less, to tax revenues. [3] In short, the City s constitutional power to tax is limited, and may not be utilized to tax the subject properties differently than others.

16 Future City/Police Actions If violations continue at these properties the City may do the following: COMPLIANCE: The Police Department, Building Development Department, and Fire Marshal will continue to work with property owners in an effort to achieve compliance. The City s Fire Marshall and/or City Building officials may take action to shut down a hotel for serious code violations that pose a public hazard or create a major safety concern. CODE ENFORCEMENT: If compliance is not achieved, violations will be cited through the code enforcement process. CHRONIC NUISANCE: If warranted, utilization of the City s chronic nuisance ordinance on any hotel that is not making progress with eradicating the criminal activity or code enforcement violations on their properties. CIRCUIT COURT: If these efforts do not resolve the violations, the City may elect to pursue injunctive relief through the Circuit Court to abate any nuisance condition regarding these hotels.