Does slippery slope start with seawall?

An eroding seawall has the Longboat Key Town Commission and Code Enforcement Board’s relationship crumbling as policy issues regarding the complaint linger.

At their May 18 regular workshop, commissioners reviewed a code board case involving a dilapidated seawall on St. Judes Drive North after the code board decided not to make a decision on a case they’ve been reviewing since March. Instead, the code board passed the case to the commission.

Deborah Wisby reiterated to the commission June 1 what she and co-owners Jody Wisby and Mark Wisby told the code board at its May 11 meeting: that she and family members are preparing to file bankruptcy after medical illnesses crippled their income and they can’t get a loan to fix the seawall. The family does not intend to file a building permit because they can’t afford to fix the seawall.

“I’m so mad and frustrated about this,” Deborah Wisby said. “We haven’t been able to pay the taxes this year. We have tried everything and we’re stuck. A little compassion would be nice.”

Code board members explained their rationale for forwarding the case to the commission. 

“The owners swore under oath they could not raise the funds,” said code board member Beverly Shapiro. “The code board chose the only tool we had, to request the town to determine if the wall is actually a safety hazard.”

Former Mayor George Spoll questioned whether the code enforcement officer and the code board did their due diligence.

Spoll said he believes the code board leapfrogged the matter to the commission before it mandated the property owner hire professionals to inspect the seawall and fine them if they didn’t repair it. 

“I believe we’re not yet following the proper process,” Spoll said. “This could lead to a pre-emptive suggestion on the part of any owner to say they can’t afford to fix their property.”

On March 11, the code board first reviewed the case of the seawall at 759 St. Judes Drive. N. The board 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 seawall. The owners were never fined for their failure to fix the structure.

Further complicating matters, Bullock said the complaint was filed through the property standards code, which means it’s being investigated only on the basis of aesthetics and not under the building code. 

“I believe we’re not yet following the proper process. This could lead to a pre-emptive
suggestion on the part of any owner to say they can’t afford to fix their property.”

— Former Mayor George Spoll

“We haven’t looked at the seawall to determine its structural integrity and durability,” Bullock said. 

The news irked Commissioner Irwin Pastor. 

“Our number one concern as a commission is the safety and welfare of this island and its residents,” Pastor said. “The town has to take action.”

Commissioners wrestled with possibly sending the case back to the code board before they decided to let staff analyze the seawall and report back with more information. 

Commissioner Lynn Larson was upset with the direction, which includes Bullock seeing if  a canal depth investigation could include a review of Key seawalls. 

“We’re jumping into a dangerous pit,” Larson said. “There are a lot of seawalls with cracks and issues. Are we going to start financing seawalls?”

Commissioner Phill Younger agreed. 

“We’re embarking on a slippery slope,” Younger said. “We’re  ready to open Pandora’s box, and that concerns me.”