Placement: Resolutions / Public Hearing
Action Requested: Motion / Vote
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Resolution 20-R114, Public Hearing, A Resolution of the City Council of the City of Port St. Lucie, Florida declaring a Public Nuisance at the property located at 749 NW Cardinal Drive after a Show Cause Hearing; authorizing the City Attorney to file a complaint in a Court of Competent Jurisdiction for Injunctive Relief; providing for the recovery of abatement costs as a special assessment against the property; providing for conflicts; providing for Severability; and providing an Effective Date.
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Submitted By: Aaron Biehl, Nuisance Abatement Coordinator, Neighborhood Services Department (NSD)
Strategic Plan Link: The City's Goal for vibrant neighborhoods.
Executive Summary (General Business): The property located at 749 NW Cardinal Drive is #1 on the City’s Top 100 Code Lien List. The property has severe overgrowth, is currently occupied and homesteaded. The property owner does not have a mortgage on the property. City staff seeks Council authorization to declare this property a public nuisance and file a complaint in a court of competent jurisdiction for injunctive relief seeking authorization for City forces to enter onto the property to abate the nuisance.
Presentation Information: NSD staff will provide the case history of the property.
Staff Recommendation: Move that the Council approve the Resolution.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the resolution.
2. Move that the Council provide staff with direction.
Background: The City of Port St. Lucie, acting through the City Council and/or its designee(s), shall have authority pursuant to home rule and police powers under Article VIII, Section 2, of the Florida Constitution to determine and declare the existence of a public nuisance and shall have the authority to provide for the abatement of same. Abatement of such nuisances constitutes a municipal service, which specifically benefits the property upon which the nuisance is abated and all costs incurred by the City in abating such nuisances shall be levied as a special assessment pursuant to section 170.201, Florida Statutes, and/or all other applicable law. The property owner, Mr. Bruce Chambers, was notified via certified mail and posting by an Order to Show Cause, which details the outstanding violations and the details of this hearing (attached hereto). NSD, over the past 10 years, have attempted to cooperate with the property owner to bring the property into compliance. However, communications ceased, and the property owner has not been responsive to repeated requests by the City to make the requisite repairs.
Issues/Analysis: The City of Port St. Lucie established a Nuisance Abatement Program for the purpose of abating the public nuisances defined in Sec. 40.05 of the City code which provides the owner of any property located within the City of Port St. Lucie who creates, suffers, or permits a nuisance to exist upon his or her property, shall be responsible for abating the nuisance and, if the owner fails to abate the nuisance, the City may abate the nuisance and the City shall be reimbursed for the costs associated with the abatement pursuant to the provisions of this chapter for the recovery of those costs.
Financial Information: The City requests authorization to expend up to $25,000 to make repairs to this residence. NSD is working on preparing bids to estimate the cost of repairs for the violations. If declared a public nuisance, pursuant to Sec. 40.24 of the City code, the City Council shall assess the entire cost of City abatement action upon the affected property as a special assessment, which assessment, when made, shall constitute a lien upon such property by the City. The lien of the City shall encompass, in addition to the abatement cost, all administrative, legal, postal and publication expenses, as well as all other direct or indirect costs associated therewith. The lien upon the property shall be superior to all others except taxes. The City may collect all such liens assessed pursuant to section 197.3632, Florida Statutes.
Special Consideration: Should the City assess a special assessment lien and the owner fail to pay his taxes; he may lose title to his home.
Location of Project: 749 NW Cardinal Drive
Attachments: Resolution, Order to Show Cause, Photographs.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 5078
Legal Sufficiency Review:
Reviewed by Stefanie Beskovoyne, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.