06-18-1980 Special
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CITY OF EDGEWATER
SPECIAL BUILDING CODE BOARD
June 18, 1980
The meeting was called to order by Vice-Chairman Joseph Troutner
at 7:00 P.M. in Edgewater City Hall. The purpose of the Special
Meeting was to discuss the order by the Building Official to
demolish or repair certain buildings located on property owned
by Corbett Smith. The property located on Marion St. was formally
known as the American Truss Co.
ROLL CALL
Mr. Troutner
Mr. Cole
t~r. Hall
Mr. Pilch
Mr. Harris
Present
Present
Present
Present
Excused
Also Present:
City Attorney Judson Woods
Mr. Richardson - Attorney for Mr. and Mrs. Smith
Mr. and Mrs. Corbett Smith
Mr. Murphy, Building Official
Mr. Woods said that this matter had been going on for some time.
Mr. Murphy, Building Official, has apparently found that the
buildings owned by Mr. Smith on Marion St. do not meet the
standards of the Southern Standard Building Code and perhaps
Mr. Murphy should explain his position on this particular matter.
Mr. Murphy said that he had received complaints from residents
in the area regarding the condition of the property. After
inspecting the property, he condemned several of the buildings.
He notified Mr. Smith and then met with Mr. Smith at a later date
and it was agreed that certain buildings would be torn down and
others would be rehabilitated. Nothing has been done. Mr. Corbett
Smith and another Mr. Smith went into some kind of a business
arrangement and the property was again discussed and it was again
agreed that the property would be fixed up but still nothing has
been done. One building was blown down by the hurricane. This
area is a detriment to the community and dangerous if we had another
wind storm. .
Mr. Woods asked Mr. Murphy if it was his position that these buildings
were unsafe in accordance with 103.4. of the Southern Standard
Building Code?
Mr. Murphy said that was right.
It was discussed that the Board members had not had the chance to
inspect this property. The attorney for the property owners had
written to Mr. Murphy stating that no one was to be allowed on the
property. The place is locked up and without permission no one
could go on the property to inspect the buildings?
Mr. Woods said that proper notice had been given to Mr. Smith and
that Mr. Smith's attorney had requested that the Board hear this
matter and that the decision of Mr. Murphy be refused by this Board.
Mr. Richardson, Attorney for Mr. Smith, spoke to the Board members
in regard to this property. The original notice to Mr. Smith
involved a question of the zoning of the area. It was finally
determined that the property was zoned 1-2. This is a Heavy
Industrial zoning instead of what was originally believed to be a
Commercially zoned area. There has been quite a bit done in
cleaning up the place and complying with the requests of the City.
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Mr. Richardson continued by discussing a sketch of the area listing
the buildings by letter (A through L). The property is presently
not being used. There are No Trespassing signs posted and a chain
link fence around the property with barbed wire strung across the
top. The area is kept locked so nobody is supposed to be on this
property. Mr. Richardson also discussed the inspection by the
Health Department. There was no evidence that the area was unsartttary
by health standards. The area has been cleaned up and graded. Some
of the buildings obviously need repair however, the question before
this Board is whether or not some of these buildings should be
condemned and demolished not whether or not they need maintenance.
The legal question is whether or not these buildings can be restored
in the future for a useful purpose with a reasonable amount of work
and effort. The buildings that remain on the property certainly
can be restored as soon as Mr. Smith deems it proper to use the
property.
The correspondence between the Building Official and Mr. Smith
was discussed. Mr. Smith's Attorney pointed out that some of this
correspondence is unclear as to exactly what the City expected
Mr. Smith to do to this property. The debris and trash has been
removed from the property and since the property is fenced and
posted and presently not being used by anyone it should not present
a safety hazard to anyone. This is not a situation where condemnation
should be considered. It would be unfair to put Mr. Smith to the
expense renovating and rehabilitating this property at this time.
The question should be whether or not these buildings can be restored
when there is a use for them and also whether or not Mr. Smith
received proper notice from the City regarding this property.
Mr. Smith said that the original letter he had received stated that
the buildings did not conform to the B-3 Commercial Zoning. However,
this is an 1-2 Heavy Industrial Zoning area and the buildings do
conform to that zoning.
Mr. Woods said that he believed that the issue of zoning was
immaterial to this hearing. He believes Mr. Smith had talked to
Mr. Murphy on several occasions concerning which buildings were
not in compliance with 103 regardless of whether they were being
used or not. If it is an unsafe building a bad storm could blow
these buildings down and scatter parts of the buildings around the
area which could be hazardous to residents in the area. It is
obviously not a health hazard. The Board is at a disadvantage
because they have not been able to inspect the property.
Mr. Smith added that he had been concerned about the electrical
danger at the property. He had his electrician work on the property
for about ten days correcting the electrical defects.
Mr. Richardson said that a Mr. Bullard had appraised the property
for Mr. Smith. However, Mr. Bullard talked with Mr. Murphy and
was told that all the buildings on the property with the exception
of those designated as A,G, and H had been condemned or should be
demolished or removed. Mr. Bullard was also told that part of the
property was zoned B-3 and some of the buildings were non-conforming.
This was totally in error.
Mr. Woods said that the only way a determination can be made is to
allow the Board to inspect this property. It might be a good idea
if they could go out there tonight and inspect the property while
most of the Board members are together.
Mr. Troutner called a recess of the meeting and the Board members
and the Attorneys left City Hall to go and in~pect Mr. Smith's property.
The meeting was called back to order. All parties were present as
noted under roll call.
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Mr. Woods said that now that the Board members had been able to
inspect the premises they should be able to make a determination in
this case.
The condition of ' the various buildings was discussed.
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The following determination was made:
Building A is sound
Building B must be demolished
Building C needs columns fixed or replaced (the ones damaged by termites)
(See attached diagram)
Building D is okay.
Building E ts 2the"l ong'-bui 1 dtrig that is okay. Tin should be renailed.
Building F needs new framing- (exterior walls)sidings were not on footer.
Building G i s sound. This is a concrete building.
Building H i s sound. This is a concrete building.
Building I is gone.
Building J is okay(if column i s bad it s~ould be replaced)
Building K is okay(if column is . b a: d it should be replaced)
Building L is gone.
The ~ork should' be done as soon as possible.
Mr. Woods asked if Mr. Smith agreed with this determination.
Mr. Smith said that he was in agreement with the determination except
for the amount of time required to do the work. He would like at
least ninety days to do this work.
Mr. Pilch said that he can appreciate Mr. Smith1s time problem but
these buildings have been in an unsafe condition for some time and
we are approaching the hurricane season. Some priority should be
given to removing the unsafe buildings and repairing those that
are potentially unsafe.
The Board members felt that the buildings that had to be demolished
should come down within thirty (30) days and also other unsafe
conditions should be repaired during that time period. The balance
of the work could be taken care of within ninety (90) days.
Mr. Woods said that a written stipulation should be entered into and
signed by Mr. Smith and the City agreeing to the depermination of
the Board on what needs to be done to the buildings and to the time
frame.
Mr. Smith agreed to this proposal.
The Board and Mr. Murphy also agreed to this proposal.
Mr. Hall made a motion that the Special Meeting be adjourned. Mr. Cole
seconded the motion. The meeting was adjourned.
Minutes submitted by:
Nancy Blazi
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(.)
ORDINANCE
NO. fb-tJ- ts--
AN ORDINANCE AMENDING APPENDIX K OF THE 1976
SOUTHERN STANDARD BUILDING -CODE AS ADOPTED BY
THE CITY OF EDGEWATER, FLORIDA BY REQUIRING
BUILDING PERMITS BEFORE DOING ANY WORK OR CON-
STRUCTION OF ANY CHARACTER ~~ERE THE COST EX-
CEEDS $500.00; REQUIRING, HOWEVER, THAT A PERMIT
MUST BE PROCURED FOR ANY -STRUCTURE CLASSIFIED AS
A FENCE, REGARDLESS OF COST OF CONSTRUCTION; PRO-
VIDING FOR REPEAL OF ALL ORDINANCES,IN CONFLICT
HEREWITH; -PROVIDING-FOR CODIFrCATION-OF-THIS
ORDINANCE AS A PART OF-SECTION 7-21 OF-THE CODE
OF ORDINANCES. OF. THE CITY OF EDGEWATER; PROVIDING
FOR PUBLICATION OF THIS ORDINANCE BY TITLE ONLY
AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. That Appendix K of the 1976 Southern Standard Build-
ing Code as adopted by the City of Edgewater, Florida, is hereby amended
to read as follows:
(a) Permit~Fees
Schedule
Total Valuation
Fee
$500.00 and less
No fee, unless inspection required,
in which case a $5.00 fee for each
inspection shall be charged. Pro-
vided, however, that a permit must
be obtained for each fence erected
in the City of Edgewater ,..Florida
regardless of cost.
SECTION 2. That this Ordinance shall be codified as Section
7-21 as an amendment to the Southern Standard Building Code.
SECTION 3. That all ordinances or parts of ordinances in con-
flict herewith are hereby rescinded.
SECTION 4. This Ordinance shall be published by title only at
least one time in a newspaper of general circulation in the City of
Edgewater, Florida, which said publication shall not be less than seven
(7) days from the final passage of this Ordinance.
SECTION 5. This Ordinance shall take effect immediately upon
-~inal passage as provided by law.
The first reading of the above Ordinance was read in full and
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passed QY vote of theCi~ Council of
. ~ "F <.. 'It' "'-ii
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at the Regular meetingi.of; ~,~id _ Council
!f.!,... 1'- \ ;.,'" '~..
1980, and approved as provided l:;>yclaw.
the City of EdgeW~r, Florida,
held on the 7 day of July,
.
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The second reading of said Ordinance to be at a JI'//;d c/!.OJu
meeting of the City Council to be held on the ~ f-C~ay of u' \1 / l,u
() 0-
1980.
Rollcall -vote as follows:
ATTEST:
'd~
.--cpunCl.. lman'~rf;
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Councilman
~6_~a~
Councilman
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SECOND READING:
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Councilm~~ /
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Mayor ---
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. y Clerk
7::f this ~~:~D~a:9::.
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Mayor
Councilman f'
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Councilman ,-,' - .....
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ouncl.lman-
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Council an 7
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This Ordinance
JUDSON I. WOODS, JR.
{Ci ty Attorney
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