OFFICE OF THE CITY COUNCIL

117 WEST DUVAL STREET, SUITE 425

4^TH FLOOR, CITY HALL

JACKSONVILLE, FLORIDA 32202

904-630-1377

Neighborhoods, Community Investments and Services Committee

Special Meeting Minutes

October 17, 2016

Location: City Council Chamber, 1^st floor, City Hall – St. James Building; 117 West Duval Street

In attendance: Council Members Scott Wilson (Chair), Reggie Brown (Vice Chair), Doyle Carter, Garrett Dennis, Bill Gulliford, Joyce Morgan.

Also: Kyle Billy – Council Auditor’s Office; Peggy Sidman – Office of General Counsel; Jeff Clements and John J. Jackson – Council Research Division; Juliette Williams – Legislative Services Division; Jessica Baker – Mayor’s Office

See attached sign-in sheet for additional attendees

Meeting Convened: 9:09 a.m.

The Chair announced that the topic for the Special Committee would be Condemnation Process for Unsafe Structures. The presenter is Bryan Mosier, Chief, Municipal Code Compliance Division, Neighborhoods Department.

Mr. Mosier indicated that there are a lot of misconceptions about the condemnation process and he was hopeful that his presentation will clarify the steps in the condemnation process.

The condemnation process for unsafe structures is a process applied to privately owned structures. The City is authorized to condemn unsafe structures by Chapter 518 of the Ordinance Code.

Unsafe structures include buildings and structures whose walls sag, list or buckle to the extent that they are in danger of collapse; structures or buildings damaged by fire, wind, deterioration or other causes to the extent that they are dangerous to the general health or safety of the occupants or the public; buildings that have no exits or fire protection required by the Building Code or the Fire Prevention Code.

Mr. Mosier enumerated a list of definitions of unsafe structures. These type of structures include those that are in violation of the minimum housing code, building codes, electrical code or plumbing code of the City; those that are so dilapidated, decayed, unsafe or unsanitary to the extent that they fail to provide amenities essential to decent living; abandoned swimming pool or septic tanks that threaten to endanger the public health; a building that has been used for the unauthorized manufacture of illicit drugs, where hazardous chemicals are used in the process. JSO’s DART unit is involved in the demolition of what are characterized as “meth houses,” after an arrest is made. Another unsafe structure would be any non-historic, blighted, vacant unoccupied building occupied by transient persons and has been boarded up, has unpaid code enforcement, nuisance or demolition liens and has no active water or electric service for a time period that exceeds 24 months.

Council Member Bill Gulliford inquired about a building that was known to harbor persons that used or sold drugs like marijuana. Kimberly Scott, Interim Director, Neighborhoods Department, explained that the Ordinance Code provision specifically cited methamphetamine as a hazardous substance that seeped into walls and carpeting rendering the building a danger to public health and safety. Moreover, the materials used in the production of methamphetamine are explosive. She further explained that criminal activity in a building does not mean that there are structural problems with the building and therefore is not a sufficient reason by itself to demolish the building.

Council Member Reggie Brown asked about units in Shenandoah housing complex in his Council District that were demolished in a DART project in 2012. Ms. Scott explained that the units were condemned because of drug activity. The tenants had to be relocated. The Social Services Division provided the funding for the relocation expenses.

Council Member Garrett Dennis said residents of New Town want some buildings 50 years or older demolished rather than being boarded up and becoming blighted because demolition is delayed while their potential historic value is investigated simply because they are more than 50 years old.

Continuing his presentation, Mr. Mosier turned to enforcement. When his division renders a structure as unsafe, the property owner has a minimum of 30 days to respond to an Initial Notice of Condemnation. If the property owner does not correct outstanding violations, the matter to referred to a Special Magistrate. Mr. Mosier characterized the Special Magistrate Process as due process in the demolition process.

Mr. Mosier discussed what a historic review entailed. (The Chair indicated that it would be helpful if staff from the Planning & Development Department could either arrive later in the meeting or appear at the next scheduled special meeting to provide their input into the historic review of impaired structures).

In explaining the advertisement and bid solicitation aspects of the demolition process, Mr. Mosier indicated that his division works very closely with JSEB vendors. His division also works closely with the Environmental Quality Division of the Neighborhoods Department.

Before a final notice of demolition is issued, the Code Enforcement Division meets with an attorney from the Office of General Counsel to review demolition cases. The attorney ensures that all legal requirements are met prior to the release of a structure to a demolition contractor. Assistant General Cherry Pollock is the OGC attorney assigned to Code Enforcement cases. Mr. Mosier reiterated that the Code Enforcement Division demolishes privately-owned properties only and does not take ownership of properties at any time during the enforcement process.

With the Attorney Approval, the division then arranges an asbestos survey of the property or structure. Should there be a presence of asbestos, a qualified asbestos abatement contractor has to remove the asbestos prior to demolition.

Mr. Mosier explained hurdles that are encountered in the demolition process. Contractual issues include: lack of competitive bids, limited number of pre-qualified contractors, limited contractor experience and small contractors handling large volumes of awarded demolitions. A major hurdle are situations where the ownership of the property designated for demolition changes by title transfers or quit claim deeds.

Council Member Reggie Brown wondered if it were possible to give abandoned properties to not-for-profit organizations to avoid the stringent procedures in the Municipal Code Enforcement Division’s demolition process.

Diana Sydlorsky, Chief, Housing and Community Development, Neighborhoods Department, explained that the financial component in the demolition process, the use of Community Development Block Grant (CDBG) funds in the hiring process (for demolition contractors) was rigorously regulated by Section 3 in federal regulations for hiring.

Kristin Reed and Autumn Martinage, Planning & Development Department, explained the Planning Department’s Historic Review Program. Specifically, they explained the threshold for a property to be designated as historic. They explained how Planning & Development evaluated properties on the MCCD’s demolition list that are sent to them by Code Enforcement.

The Planning & Development Department staff will return to a special meeting to provide the Committee with a formal presentation on the process of evaluating and designating structures that are over 50 years old as historic.

Diana Sydlorsky explained the hurricane damage relief funds that are available to property owners that have incurred damage from Hurricane Matthew. Brochures are available explaining the program that the City is providing, including eligibility requirements.

There being no further business, the special meeting was adjourned at 10:58 a.m.

John J. Jackson, Council Research Division (904) 630-1729

10.19.16

Posted: 4:00 p.m.