Condemnation and Demolition

Presentation to Florida Association of Code Enforcement

June 22, 2017

Darrel PresleyDirector Community ImprovementCity of Sanford

Authority to condemn

Eminent domainThe authority of Federal, state, and local governments to take private property for public use, providing just compensation to the owner. The Fifth Amendment to the U.S. Constitution forbids the taking of private property for public use without “just compensation.”

Authority to condemn

Local ordinance Provides the legal authority for a city or county to condemn a structure.

Authority to condemn

Sec. 18-31. - Authority to condemn.The city commission is authorized to condemn and order to be demolished and removed, or to be put in a sound state of repair, any and all buildings and structures within the city found to be in a dilapidated, unsanitary, unsafe or uninhabitable condition. Additionally, city officials, as designated herein in emergency circumstances, are authorized to demolish and remove, or to be put in a sound state of repair, any and all buildings and structures within the city found to be in a dilapidated, unsanitary, unsafe or uninhabitable condition as set forth in the city's codes and ordinances.

Condemnation

A house is condemned when a government entity has determined that the building is no longer fit to live in. It's often triggered by a pattern of unsafe housing code violations. No one may live in a condemned building or use it until the owner has proven that the cited problems have been fixed.

Why condemn a building?

Natural DisastersAfter natural disasters, buildings may be condemned if they are damaged beyond repair.

Unsafe ConstructionIf a building is not structurally sound, it is likely to be condemned, unless it can be easily and safely repaired.

Why condemn a building?

Health HazardsWidespread health hazards, contamination or parasite infestation are common reasons for condemnation. Unsanitary living conditions Industrial toxins

Illegal drug manufacturing

Why condemn a building?

Unsafe structure

Threat to the community Fire hazard Electrical or mechanical systems create a

hazardous condition

Non-compliance with local property maintenance codes

Unsecured and open to transients

Emergency condemnation

Local ordinance

Imminent danger to life or health Allows for entry Allows for structure to be made safe or

demolished

Condemnation Procedures

InspectionReportPhotosTitle Search

Building OfficialFire Marshall

Condemnation Procedures

Notice of condemnation action to ownerCertified mail

Public Notice of HearingPublished in newspaperPosted at City HallPosted at Property

Notice

Owner of record – property appraiser data

LLC or Corporation Agent of Record Mortgage holder

Condemnation Procedures

Public HearingCity CommissionCode Enforcement BoardSpecial Magistrate

Condemnation Procedures

Order of CondemnationSet date for Demolition HearingEstablishes lienRecordedSent to ownerPosted on Property

Condemnation Procedures

Order of DemolitionAuthority to demolish RecordedSent to ownerPost Property