Code board asks town commission for seawall fix

Code Enforcement Board members sympathized with property owners Jody, Deborah and Mark Wisby when they told the board they can’t afford to repair a broken seawall.

So instead of finding the property owners in violation of town code — which town staff recommended — the board used a provision in town codes to pass the matter along to the Longboat Key Town Commission for its review and final decision. The code board wants to know if the town will consider fixing the seawall. A cost estimate to repair the seawall, though, has not been performed.

"My concern is, we place ourselves in a position where we become the financier for anyone that says we can’t pay for it. They placed the burden back on us. They failed to do their duty and they failed to levy any fines.”

— Commissioner Phill Younger

That decision left commissioners questioning why the town has a code board if its members won’t perform what commissioners say is the board’s duties.

At their May 18 regular workshop, commissioners reviewed the code board case about the dilapidated seawall at 759 St. Judes Drive N., after the board opted not to rule on the case it has reviewed since March. 

Larry Grossman first brought the case to the attention of code enforcement in December. Grossman rents a neighboring duplex on St. Judes Drive. The broken seawall could have a negative impact on neighboring St. Judes Drive canal seawalls.

The code board first reviewed the case March 9 and issued a 30-day extension on a code violation for the seawall so the owners could fix the problem by obtaining a building permit to repair the structure. 

The property owners informed the code board on May 11 they have no intention of filing a building permit because they can’t afford to fix the seawall. 

Town staff asked the code board to find the property in violation, file an administrative order that directs the property owners to bring the violation into compliance and consider fining them until they file a building permit.

After hearing the Wisbys’ testimony, though, the code board wanted to know if the town will consider fixing the seawall. A cost estimate to repair the seawall has not been performed.

Town Attorney Maggie Mooney-Portale told commissioners the code board brought the matter before them “because the violation was irreparable.”

“The code board chose not to act,” Mooney-Portale said. “Now you’re being asked to make a policy decision on the matter.” 

Commissioners were annoyed with the request.

“The code board told the owners they accepted they can’t pay for it, so let’s go to the town and ask if they will pay for it,” Commissioner Phill Younger said. “My concern is, we place ourselves in a position where we become the financier for anyone that says we can’t pay for it. They placed the burden back on us. They failed to do their duty and they failed to levy any fines.”

Younger also suggested the code board isn’t being consistent. 

“There’s been previous cases where they (code board members) have fined property owners $100 a day without worrying if property owners could pay to fix issues,” Younger said. 

Commissioner Irwin Pastor also disapproved of the action.

“I’m shocked they accepted the ‘I can’t afford it’ speech on face value,” Pastor said. 

Mayor Jack Duncan said he believes a lot of people would be upset that a property owner’s seawall would become the responsibility for the rest of the town’s taxpayers to fix.

“That’s a slippery slope,” Duncan said. 

Code Enforcement Board Chairman Robert Krosney told the Longboat Observer he believes his board made the right decision.

“We had sworn testimony from property owners who said they are on the verge of bankruptcy,” Krosney said. “The option we thought might be an avenue to explore is to have the commission direct the town to fix it and put a lien on the property and a future buyer must pay off the lien if the property falls into foreclosure. We feel that putting $100 fines a day for this particular case won’t get the seawall fixed any faster.”

Town Manager Dave Bullock agreed to let staff look into the issue further.

In the meantime, Younger said he also has concerns that only four of seven code board members were present in May to hear cases.

Krosney said he intends to attend the commission’s June 2 regular meeting to address the commission’s concern with his board’s action.

Contact Kurt Schultheis at [email protected].