Condemnation and Demolition - FACE Online
Transcript of Condemnation and Demolition - FACE Online
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