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Unsafe structures, a road map

The goal of all code enforcement is abatement, government officials say, and the City of Fort
Myers is no different. While each code case is unique, the enforcement process is guided by
Florida statues and follows the basic set of rules below.

But code cases can be tricky, city attorney Grant Alley says, because each community defines
the level at which a property must be maintained.

Take appearance standards: what is acceptable to one person might not be to someone else. “Is a
ping pong table considered outside storage if the owner likes to play?” Alley asked.

Or in the case of demolition, is ‘public safety’ better served by removing an elderly or low
income person from his homesteaded property, or by finding ways to allow them to continue
living there?

This story is an opportunity to reflect as a community on our priorities and who and what we
most value.

See the complete code for unsafe structures here: ttp://bit.ly/34eCd4s.

• Most cases begin with a complaint from a tenant or neighbor.

• Someone from code enforcement is assigned to investigate. If the home appears unsafe, it
is written up in an inspection report for the building official to review. If the building
official agrees, the property is found in violation and condemned.

• The city notifies the owner by letter, shuts off utilities and water to the home, tags the
property unsafe, and makes the residents leave until the problems are corrected.

• Owners who want to save their home must usually get a structural engineer and general
contractor to certify what's needed to bring it into compliance, along with permits to do
the work.

• The owner gets a quasi-judicial hearing before the code enforcement board. If the board
finds the owner guilty, it sets a time for the work to be completed and a fine -- $250 a
day is common -- if it is not.

• The city can order an 'unsafe' home demolished if not repaired in a specified time. It can
then foreclose on its liens to recover its costs if the owner doesn't pay them; including the
cost of the demolition.

• Vacant lots acquired through demolition and foreclosure may be released to a private
party to develop housing or put it to public use.

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