Fort Walton Beach Resolution — 2008-32-Lien--208 Florida Place — reading text

o o RESOLUTION 08-32 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, IMPOSING A LIEN ON THE PROPERTY AT 207 o o FLORIDA PLACE, FORT WALTON BEACH, FLORIDA, FOR N Z J o THE COSTS OF ABATEMENT OF NUISANCE PURSUANT TO U 4- - UJ If! SECTION 5. 05. 08 OF THE CODE OF ORDINANCES; AND I o Q) SETTING AN EFFECTIVE DATE. 0:: o a.,. C) 1'- z 2(5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT J Q.. o:: 8 WALTON BEACH, FLORIDA AS FOLLOWS: 8 LL 0 g:~ City Council of Fort Walton Beach, pursuant to Chapter 5. 05 of the Code of o 1. The g~ CCN"- Ordinances, and after proper notice to the title owner, on October 23, 2007, authorized Nuisance N" Abatement on the property at 207 Florida Place, F ort Walton Beach, Florida. The Minutes of the J)- oo October 23, 2007 Council Meeting are attached and incorporated into this resolution. J -' o..z frl wo 00 f:o::o:: 2. TheCity commenced demolition of the structure located at 207 Florida Place, Fort Walton Beach, Florida, by obtaining an asbestos survey and on April 7, 2008, the structure at 207 Florida Place, F ort Walton Beach, Florida, was demolished. The expenses incurred to abate the nuisance are: $ 352 for administrative costs, $ 1, 365 for the asbestos survey, and $ 7, 780 for the demolition contractor. 3. Therefore, the City Council hereby imposes a lien for the total amount of $9,497 upon the property at 207 Florida Place, Fort Walton Beach, Florida, 32548, more particularly described as: Parcel ID No.: 24- 2S-24- 0000- 0092- 0000 Commencing at a point on the North line of fractional Section 24, Township 2 South, Range 24 West, 2, 623. 0 feet East of the Northwest comer of said Section and run South 137.38 feet to the Point of Beginning: thence on the same course nsn 100 feet to a point, thitnce West 130. 0 feet to the East right-of- way of Florida Highway 85; thence Northerly along said righto- f- way for 100. 52 feet to a point,thence East 119.85 feet to the Point of Beginning. 4. This Resolution shall take effect immediately upon approval by the City Council and shall be immediately recorded in the Official Records of Okaloosa County. AdoPted~ J d./ JP y rl# Mike Anderson, Mayor Approved for form and legal sufficiency DISPOSITION  184 c o Regular Council 10/ 23/07 APPROVAL OF AGENDA {CONTI The Mayor caned for the vote on the motion, as amended, and it failed by a vote of 3 to 4 with I Miller, Garvie. and Pullen in favor and Holmes, Reeves, Hartwell, and Minich I opposed. J I The Mayor called for the vote on the motion to approve the i agenda as presented, less Item 5, and It carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Hartwell, and Minich In favor and Pullen opposed. CONSENT AGENDA Mr. Reeves moved to approve the following Consent Agenda Items. Mr. Holmes seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich In favor. I APPROVAL OF MINUTES Approval of the minutes of the Council Workshop of October 9, 2007; and the Regular Council Meeting ofOdober9, 2007. ACCEPTANCE OF EASEMENT~ HELL HARBOR CONDOMINIUM PROPERTY Consideration of acceptance of grant of easement from Millenium Real Estate LlC, for sidewalk, drainage and utilities along the north side of Second Street and the west side of Shell Avenue on the Shell Harbor Condominium property. SPEC~ PRESENTAnONS Consideration of request from Okaloosa CDC concerning expenditures for SHIP and HHAP for year2004-2005, 2005- 2006, 2006- 2007. c This item was removed from the agenda and will be placed on the agenda for November 13, 2007. . QUASIJ-UDICIAL AGENDA-NUISANCE . 207 FLORIDA PLACE SE ATEMENT.. Nuisance Abatement - Staff request authorization to Continue Nuisance Abatement Process demoTrtfon of building) at 207 Florida Place. SE, Case 07- 1142. The City Attorney swore in those who planned to testify. Missy McKim, CDS Director, requested CouncWs approval to move forward with the nuisance abatement and demolition of the building at 207 Florida Place SE. She advised Staffs intention is to lien the property for the demolition costs. She reviewed the nuisance abatement process and noted that the owner of the property involved shall have the right to appear before the Council; however, it was noted that neither the owner of the property, or a representative, were present. The CDS Director gave a history of the property dating back to February of 2003, and that the property is deteriorated, is frequented by vagrants, and ts unsafe for the Burt,Rhodes, Code Inspector, presented a general public. power-point of the property from 2003 to the present. I Council received clarification that the lien of $ 140,000 will remain on the property after demolition; that the City has been unsuccessful in their attempts to work with and cooperate with the property owner; and that CRA funds are being proposed to demolish the structure. iC,  o o 185 Regular Council 10/ 23/ 07 NUISANCE ABATEMENT (CONT) C Dr. Pullen disclosed he has attended some of the Code Enforcement meetings when this property was discussed. The City Attomey inquired, for the record, why Staff believes the property is a nuisance. The CDS Director advised that the building has deteriorated to a point where there are loose, hanging wires; it is accessible through unboarded windows; vagrants live in the building and are burning candles, deeming it unsafe. Mr. Miller moved to demolish the building at 207 Florida Place SE and lien the property for the demolition costs. Mr. Minich seconded motion and It can1ed unanimously with Holmes. Miner, Reeves, Garvl., Pullen, Hartwell, and Minich In favor. PUBLIC HEARING AGENDA-ORD. 1737. REZONING OF 105.113 MIRACLE STRIP PARKWAY The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH. FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 105-113 ( ODD NUMBERS) MIRACLE STRIP PARKWAY SW MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE. FROM Dc-3 COMMUNITY COMMERCIAL DISTRI:CT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY. AND PROVIDING AN EFFECTIVE DATE. The CDS Director advised the foltowing seven ordinances bring the affected properties into zoning compliance with the Comprehensive Plan designation. and that the Municipal Planning Board recommended approval of the proposed ordinances~ c The Mayor opened the pUblic hearing. There was none. Dr. Pullen moved to adopt Ord. 1737 on first reading. Mr. Minich seconded motion and It carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich In favor. ORD. 1738. REZONING OF 28 MIRACLE STRIP PARKWAY The City Attorney read the ordinance by title only. AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE REZONING OF 28 MIRACLE STRIP PARKWAY SW MORE PARTICULARLY DESCRIBED IN THE BODY OF THE ORDINANCE, FROM DC-3 COMMUNITY COMMERCIAL DISTRICT TO CF COMMUNITY FACILITIES DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. The Mayor opened the public hearing. There was none. Mr. Minich moved to adopt Ord. 1738 on fIrSt reading. Mr. Reeves seconded motion and it carried unanimously with Holmes, Miller, Reeves, Garvie, Pullen, Hartwell, and Minich In favor. ORD. 1731. REZONING OF 207 HOSPITAL DRIVE The City Attorney read the ordinance by We only. C  City of Fort Walton Beach America' s Most Beautiful Beaches 107 Miracle Strip Parkway, SW * P. O. Box 4009 * Fort Walton Beach, Fl32549 850) 833- 9500 * Fax ( 850) 833- 9640 www.fwb. org TOO ( 850) 833- 9925 Helen Spencer City Clerk 850) 833- 9509