Longtime Colony Beach & Tennis Resort owner Dr. Murray “Murf” Klauber’s home of almost 40 years has been deemed “potentially hazardous and unsafe” by a licensed engineering firm.
The news has led Longboat Key Planning, Zoning and Building Department officials to deem the building potentially unsafe, post warning signs around the building and ban people from entering it.
Longboat Key Building Official Wayne Thorne sent a letter to affected Colony Beach & Tennis Resort officials on Wednesday, informing them that ProNet Group Incorporated, a firm hired by Citizens Property Insurance to inspect the units, inspected the mid-rise condominium tower and discovered major concerns.
ProNet Group officials observed steel bar beams and joists sticking out above the roof, “which no longer support their intended design loads.”
In a letter to the town dated Sept. 5, ProNet Group explains that steel bar joists supporting the southeast portion of the fifth floor are severely corroded, allowing the steel joists “to pull away from the east wall support and move downward.
“The current condition at these joists indicates that the floor framing system is no longer adequate to support the loads as originally designed,” the letter states. “Since this level of corrosion is consistent with long-term exposure to rain water/moisture migration, it is reasonable to conclude that this condition occurs at other areas and floors of the building.”
Klauber, who had residential and office units on the fifth and sixth floors of the building for 38 years, moved out of the building in July and told the Longboat Observer he had three buckets in his unit to catch water when he left and water damage to artwork and furniture.
The assessment by the company has prompted the town, in accordance with its codes, to place warning signs around the building, which explain the property is potentially unsafe and needs a building permit for repairs before it can be used again. The notice states that any use or occupancy of the building is restricted and must be approved by the town’s building official.
In the meantime, to make sure the building is not a danger to other structures, the town is mandating that Colony officials hire an engineer to test the building’s floor and roof to assess its structural integrity. The engineer will provide recommendations to shore up the building where the steel beams that hold up the building have been compromised.
In his letter to Colony officials, Thorne also states a contractor must submit an application for a permit to fix the structure by October 8, with work commencing on the building within 10 days of the permit being issued. Extensions needed to fix the building can only be submitted in writing to Thorne.
Thorne also notes that a remediation plan to remove mold from the building is in the works and also requires a building permit.
For more information, pick up a copy of Thursday’s Sept. 20 Longboat Observer.
Contact Kurt Schultheis at firstname.lastname@example.org.
Currently 3 Responses
- To simplify - see (C) - (3) below - "it shall be demolished",
Title 15 - LAND DEVELOPMENT CODE
150.22 - Procedure for buildings which are nuisances.
(A) - All buildings or structures, as these terms are defined in the town's land development regulations or building code, and including docks, davits, seawalls and other marine structures, which have any or all of the following defects shall be deemed "dangerous structures:"
(B) - All "dangerous structures" within the terms of subsection (A) of this section are declared to be public nuisances, and shall be repaired, vacated, or demolished as provided in this section.
(C) - The following standards shall be followed in substance by the town manager or designee and the town commission in ordering repair, vacation or demolition:
(C) - (3) - In any case where a "dangerous structure" is 50 percent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished. In all cases where a "dangerous structure" is a fire hazard existing or erected in violation of the terms of this section or any section of this Code or statute of the State of Florida, it shall be demolished. <<< - - - - - - - - - - - - - -
My 2 Cents
- Demo is the word -
It will be the municode 50% NOT FEMA
150.22 - Procedure for buildings which are nuisances.
All buildings or structures, as these terms are defined in the town's land development regulations or building code, and including docks, davits, seawalls and other marine structures, which have any or all of the following defects shall be deemed "dangerous structures:"
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumbline passing through the center of gravity falls outside of the middle third of its base.
Those which, exclusive of the foundation, show 33 percent or more, of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
Those which have been damaged by fire, wind, water, wave activity, tides, or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the town.
Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those living therein.
Those having light, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein.
Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
Those which, because of their condition, are likely to cause damage to abutting property or structures located thereon.
Those which because of their condition are unsafe, unsanitary, or dangerous to the health, safety or general welfare of the people of this town.
Those buildings existing in violation of any provision of the building code of this town, or any provision of the fire prevention code, or other ordinances of this town.
All "dangerous structures" within the terms of subsection (A) of this section are declared to be public nuisances, and shall be repaired, vacated, or demolished as provided in this section.
The following standards shall be followed in substance by the town manager or designee and the town commission in ordering repair, vacation or demolition:
If the "dangerous structure" can reasonably be repaired so that it will no longer exist in violation of the terms of this section, it shall be ordered repaired.
If the "dangerous structure" is in such condition as to make it dangerous to the health, safety, or general welfare of its occupant it shall be ordered to be vacated.
In any case where a "dangerous structure" is 50 percent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished. In all cases where a "dangerous structure" is a fire hazard existing or erected in violation of the terms of this section or any section of this Code or statute of the State of Florida, it shall be demolished.
It shall be the duty of the building official to regularly and frequently require examination of buildings and structures within the town to determine whether the buildings and structures constitute a public nuisance as provided in subsection (A) above.
The building official shall make a detailed written report to the town commission which shall contain a detailed description of the examination and his opinion of whether the conditions found constitute the building or structure, or any part thereof, a public nuisance.
At the next regular meeting of the town commission, or at the next special meeting called therefor, the commission shall consider the report of the building official. If the commission finds that the building or structure described therein may constitute a public nuisance, the commission shall adopt a resolution setting a time, place, and date for a public hearing on whether or not the building or structure in fact is a public nuisance. The hearing shall not be held until notice thereof has been published at least once in a newspaper of general circulation in the town, at least seven days prior thereto. The town clerk shall also post a notice of the public hearing on the building or structure. The clerk shall send a copy of the notice of hearing, by registered mail, to the owner of the premises, on which the building or structure is located, as it appears on the most current town or county tax assessment roll.
The public notice specified in subsection (E) above shall contain a description of the property on which the building or structure is located sufficient for identification. The notice to the owner shall also describe, in general terms, the condition of the building or structure that is alleged to constitute the building or structure a public nuisance. The public notice and notice to the owner shall also contain the time, date, and place that the public hearing will be held.
At the public hearing, the town commission shall hear and read the full report of the town manager or designee and hear any other evidence as the commission may deem relevant. At the hearing, the owner shall be allowed to present testimony and evidence showing that the conditions do not constitute a nuisance. The owner of the premises may appear either in person or by attorney. After the owner has been heard, the commission may consider any other matters that in their discretion appear relevant to a determination hereof.
At the conclusion of the public hearing, the town commission shall adopt a resolution declaring one or more of the following:
That the conditions alleged by the town manager or designee to exist in the building or structure do not exist.
That the conditions existing in the building or structure do not constitute a public nuisance.
That the conditions alleged by the town manager or designee to exist in the building or structure have been remedied and that the building or structure does not now constitute a public nuisance.
That the conditions existing in the building or structure constitute the building or structure a public nuisance, and it is hereby condemned.
Any other provisions that will appropriately decide and determine the issues.
A description of the conditions existing which constitute the building or structure a public nuisance, if any.
That upon the failure of the owner to correct and abate the conditions constituting the building or structure a public nuisance within a reasonable period of time, which shall be stated in the resolution and shall be not less than three days from the date thereof, the town will abate the conditions constituting the building or structure a public nuisance or by appropriate pleadings, institute suit in a court having jurisdiction over the property for a mandatory injunction and any other relief as the town deems necessary and proper, or both.
Upon the adoption of a resolution under subsection (H) above, the town clerk shall post a copy thereof on the structure and shall mail a copy thereof to the owner of the premises on which the building or structure is located, if the address of the owner is known to the town clerk.
If the nuisance has not been abated before the period of time specified in the resolution has elapsed, the town shall take the action set forth therein and all funds expended in the abatement of the public nuisance, including all attorneys' fees, court costs and expenses, shall be a lien on the premises and superior to all other liens except other liens for special assessments. The liens may be enforced against the property by foreclosure as provided by law for foreclosure of tax liens or may be collected as otherwise provided by law.
('71 Code, §§ 6-23—6-30; Ord. 89-09, passed 6-5-89; Amd. Ord. 92-09, passed 3-2-92; Amd. Ord. 98-24, passed 7-16-98; Amd. Ord. 04-12, passed 7-12-04)
Cross reference— Dangerous or unsanitary buildings and structures, procedures for abatement, § 150.21.
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