Item Coversheet



CODE ENFORCEMENT BOARDĀ AGENDA ITEM


Item Title:Case 22-421, Terry & Marilyn Eby
Date:2/2/2023
Department:Building Department
Background:

The property is in violation of Chapter 7, Article VII, Section 7-93, Subsection 1 (e) & (g) of the Nassau County Code of Ordinances – Unlawful residential, commercial, and industrial building nuisance.

 

The property was cited for the garage on March 17, 2020 and mailed certified return receipt as well as posted. On May 27, 2022 the property was cited again. The Notice of Violation and the Notice of Public Hearing were mailed certified return receipt. The property is zoned Residential Mixed (RM).

 

This case was heard on September 8, 2022. The CBAA Board found that the property is in violation of Chapter 7, Article VII, Section 7-93, Subsection 1 (e) & (g) of the Nassau County Code of Ordinances. The Board ordered to repair the building. It was further ordered to (1) Secure all ingress/egress point, (2) Post building/structure. That all work shall commence on or before September 8, 2022 and become completed within thirty (30) days of September 9, 2022. To re-appear before this Board on December 1, 2022.

 

The Building Official granted the verbal request for extension by Mr. Eby on November 22, 2022. This extension gave until January 10, 2023, to bring the property into compliance. 

 

On November 30, 2022, Mr. Eby came to the Public Service Building and obtained his demolition permit and metal roof-over permit. No inspections have been requested for either permit as of January 12, 2023. 

Request:

Case 22-421, Terry & Marilyn Eby

54520 Jonas Drive, Callahan

Financial/Economic Impact to Future Years Budgeting Process or Effect on Citizens:

Fines are assessed as an attempt to bring properties into compliance. These fines do not have a negative budgetary impact on County operations. Administrative fees are actual costs incurred by the County to process the case.

 

Action Requested and Recommendation:

That the Board make a motion to determine whether the order was complied with. Requesting the Board to make a motion that the property is still or was in violation of Chapter 7, Article VII, Section 7-93, Subsection 1 (e) & (g) of the Nassau County Code of Ordinances – Unlawful residential, commercial, and industrial building nuisance. 

 

 It is the staff's recommendation that the Board should allow time for the property owner to complete the work on active permits that were issued. (Permits expire on May 29, 2023) With a reasonable date by which the work shall be completed, providing a date for a future hearing to determine whether the order was complied with. At which time, the board may grant the owner an extension, if requested in writing with due cause or direct the County Building Official to repair or demolish the structure.

 
Is this action consistent with the Nassau County Comprehensive Land Use Plan?
NA
Funding Source:
N/A

Additional Information Needed for Contracts/Agreements (If Applicable)
Contract Number assigned by Contracts Management:
N/A
For non-governmental agencies, has the document been sent to the vendor for signature?
N/A
Does the document need to be recorded? If so, who will pay the recordation fee?

Yes, a lien will be recorded if there are orders given.

Are there any special mailing instructions? (Include contact name, address, deadline for submittal, how to mail such as express mail, FedEx, etc):
N/A
How many originals are needed?
N/A

ATTACHMENTS:
DescriptionUpload DateType
Chapter 7, Article VII, Section 7-93 of Nassau County Municipal Code of Ordinances12/13/2022Backup Material
Property Information from Property Appraiser 12/13/2022Backup Material
Case History 1/10/2023Backup Material
Finding of Facts from 9.8.22 1/10/2023Backup Material
54520 Jonas Drive Mailings & Postings1/10/2023Backup Material
54520 Jonas Drive Roof-Over Permit1/12/2023Backup Material
54520 Jonas Drive Demolition Permit1/12/2023Backup Material