§ 8.5-35. Demoltion of unsafe or dilapidated structures.

(a)

General. The building official shall order the owner of any premises upon which is located any structure that is dilapidated as defined by this section or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repair, and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, to demolish and remove such structure or reopen or pull new permits to complete construction of the structure in accordance to the Florida Building Code within thirty (30) days of receipt of notice of demolition issued pursuant to subsection (d)(2) of this section.

(1)

Dilapidated structure: There shall be a rebuttable presumption that a structure shall be considered dilapidated for the purpose of this article when the value of the structure is less than the estimated cost of repairing the structure to a state where the structure complies with the Florida Building Code. This term shall, without limitations, include any building, structure, or mobile home.

a.

Value of structure: In determining the value of the structure, the building official shall use the most recent value on record with the Polk County property appraiser's office unless another value is provided by the Polk County property appraiser's office, in which [case] that value shall be used.

b.

Cost of repairs: In determining the cost of repairs, the building official shall use the cost of repairs of structures as determined by ICC building cost data with local adjustments or resolution of the board of county commissioners.

(b)

Demolition and removal or repair by owner. Dilapidated or unsafe structure(s) shall be demolished and the debris removed to an authorized landfill or repaired to comply to the Florida Building Code within thirty (30) days of the notice being published pursuant to subsection (d)(2) of this section, unless an extension of time has been granted or an appeal has been filed pursuant to this section.

(c)

Demolition and removal by county. Unless an extension of time has been granted pursuant to this section or an appeal has been filed pursuant to this section, in the event the dilapidated structure is not demolished or repaired to comply to the Florida Building Code within thirty (30) days of the notice being published pursuant to subsection (d)(2) of this section, the building official is hereby authorized and empowered to have the dilapidated or unsafe structure demolished. If an extension of time has been granted pursuant to this section and the dilapidated or unsafe structure is not repaired to comply to the Florida Building Code or demolished by the date contained in the notice of extension time issued pursuant to this section, the building official is hereby authorized and empowered to have the dilapidated or unsafe structure demolished. Pulling of a permit to repair or demolish the structure shall not extend the time stated herein for the structure to be repaired to comply with the Florida Building Code or be demolished. No action to demolish shall be taken by Polk County in connection with a structure which is subject of any pending judicial procedure.

(d)

Notice requirements. Notices pursuant to this section shall be as follows:

(1)

Courtesy notice: Upon initial investigation by the building official or demolition unit to determine if a structure qualifies for demolition, the building official or demolition unit may placard the structure giving the owner notice that the structure is being considered for a demolition notice by the building official and include contact information in which the owner may contact for further information.

(2)

Demolition notice: Whenever the building official has determined a structure qualifies for demolition pursuant to this section, the building official or demolition unit shall post a notice in a conspicuous place in or about the structure(s) or property containing the structure, send a copy of the notice to the owner of the property as listed with the Polk County property appraiser's office or public records of Polk County by certified mail and publish the notice once during each week for two (2) consecutive weeks in a newspaper of general circulation in Polk County. Evidence that an attempt has been made to mail notice as provided herein, together with proof of publication, shall be sufficient to show that the notice requirements of this article have been met, without regard to whether or not the owner actually received notice. A copy of the notice shall also be sent to any mortgage holders which have a mortgage recorded in the public records of Polk County, Florida, against the property containing the structure. The notice shall be in a form approved by the building official which shall include the following information:

a.

State that the structure qualifies for demolition pursuant to this article;

b.

Specify the corrective action that must be taken;

c.

Specify the date in which the corrective action must be taken;

d.

Specify the address to request an appeal to the Polk County code enforcement special magistrate;

e.

State the owner has the right to appeal by filing a written request with the Polk County code enforcement special magistrate's office within ten (10) days of the notice of demolition being published with the address in which appeal should be sent with the appropriate appeal fee and the owner's failure to request an appeal within ten (10) days shall be deemed a waiver of the owner's right to contest the building official's determination;

f.

Specify the address to request an extension of time by the building official or his/her designee to repair or demolish the structure.

(e)

Appeal process. Within ten (10) days after the demolition notice is first published as provided herein by Polk County, the owner may deliver a written request to the Polk County code enforcement special magistrate for a hearing to show that the condition alleged in the notice does not exist, if such date falls on a Saturday, Sunday or county holiday, then the individual shall have until the end of the next business day which is neither a Saturday, Sunday, nor county holiday to request a hearing. The address to deliver such request shall be stated in the initial notice to the owner. The request by the owner shall be in writing and delivered to the address indicated in the initial notice within ten (10) days of the demolition notice being published of the violation and shall be accompanied by a certified check or money order in the amount of twenty-five dollars ($25.00) made payable to Polk County, Florida, which amount shall constitute a fee necessary to defray the cost to the county, the division, special magistrate and administering the appeal. Failure to appeal or to appear before the special magistrate in a timely way shall be deemed a waiver of the owner's rights to appeal the administrative action. The special magistrate shall hear the appeal on its regularly scheduled agenda unless an emergency hearing is requested by the building official pursuant to this section. The owner seeking an appeal shall be mailed written notice of the date and location of the scheduled hearing. The hearing shall be conducted in accordance to the rules of procedures governing code enforcement special magistrate hearings. The building official shall have the burden of proving that the structure qualifies for demolition in accordance to this section by preponderance of the evidence. The decision of the special magistrate shall be final and no appeal to the appellate special magistrate shall exist. Any further review of the special magistrate's decision shall be by writ of certiorari in the circuit court in accordance with the Florida Appellate Rules; provided, however, that in order to appeal the decision, a notice of intention to file a writ must be filed with the clerk of the board of county commissioners within ten (10) days following the special magistrate's decision.

(1)

If the building official believes that the structure subject to the demolition notice is an immediate threat to the public health, safety or general welfare, the building official may request an emergency hearing in front of the special magistrate. The owner shall be mailed notice of such hearing containing the location, time and date of the hearing.

(f)

Extension of time to demolish or repair dilapidated or unsafe structure. The owner may request in writing an extension of time from the building official or his/her designee. Such written request shall state the basis of such request and be hand delivered or mailed by registered or certified mail, return receipt requested, to the building official or other Polk County staff designated by the building official in the demolition notice and to the attention of the Polk County building official or other Polk County staff designated in the notice of demolition. Such request shall be granted or denied in writing within five (5) days of the building official or designated staff receiving the request. If such request is not granted within five (5) days then it shall be deemed denied. The extension of time is at the sole discretion of the building official or his/her designee and shall be final and may not be appealed.

(g)

Assessment of costs. The costs for demolition, the removal of debris and/or any costs incurred by Polk County after the property owner failed to demolish or repair the structure to comply with the Florida Building Code within the time allowed under subsection (c) of this section shall be assessed against the property upon which the structure was situated. The division or demolition unit, or other Polk County staff designated by the county manager shall mail a notice of costs to the owner at the address on record with the Polk County property appraiser's office specifying the actions taken, the address or parcel identification number of the lot in which the actions occurred, the cost of actions with a statement that if not paid in full within thirty (30) days, the cost shall be recorded against the owner as an assessment and will create a lien on the property described in the notice. Such notice shall specify the date certain in which the costs must be paid. The notice of costs shall also state that the property owner has the right to appeal the costs to the Polk County code enforcement special magistrate by filing a request for hearing with the Polk County code enforcement special magistrate's office with the address to deliver the request stated in the notice within thirty (30) days of the notice being mailed in accordance with the procedure for requesting an appeal pursuant to subsection (e) of this section. If a hearing is requested pursuant to this subsection, the only issue to be determined is whether or not the costs in the notice are the actual costs incurred by Polk County and/or if the notice describes the proper property and owners. The Polk County code enforcement special magistrate is not authorized to reduce or waive the costs incurred by Polk County pursuant to this section. If the property owner fails to pay the costs by the date stated in the notice of costs or file a request for hearing within thirty (30) days, the division director, county manager or other division or department director designated by the county manager shall file a claim of lien in public records for the costs without further approval of the board. If the lien is not paid within two (2) years the board of county commissioners may authorize the lien to be foreclosed. Upon payment of costs imposed herein, the building official, division, or demolition unit or other staff designated by the county manager shall record a notice of satisfaction without further approval of the board.

(Ord. No. 11-007, § 15, 5-10-11)