§ 79-7. Appeal.

(a)

The owner or any interested party may appeal the order of demolition to a hearing officer by submitting a written petition in a form approved by the county administrator or his designee and the required fee on or before 30 calendar days of the date of the order to demolish is posted or the date the order to demolish is served on an owner or interested party, whichever is later. Appeal documents shall be submitted to the county administrator or designee. Upon receipt of both the timely written petition for an appeal and the timely payment of the required fee, the designee shall arrange a time for the hearing before the hearing officer and provide written notice thereof to the petitioner, who may appear to show:

(1)

That the structure does not meet the criteria for demolition set out in 79-2.

(2)

That the structure cannot be demolished within the time specified by the order.

(3)

That the structure can be reconstructed, repaired, or restored. If a petitioner is appealing based on this subsection, the petitioner must submit to the building official, with the written petition for appeal, a plan for repair, reconstruction, or restoration of the structure, its site, and improvements. The proposed plan must, at a minimum contain the following documentation:

a.

A complete scope of work for each aspect of the proposed reconstruction, repair, or restoration. The scope of work should be drafted by a qualified individual (such as a design professional) after inspection of both the interior and exterior of the structure. The scope of work should include proposed plans to remedy all conditions that violate the code(s), including previously-unpermitted work performed on the structure, regardless of whether identified by the inspector in the original notice. The proposed work must be permittable;

b.

Copies of executed contracts with appropriately-licensed contractors required by the scope of work;

c.

Identification of all necessary permits and reviews required;

d.

Estimated cost;

e.

Timetable for obtaining permits;

f.

Timetable for completion of the work;

g.

For structures located in V or AE zones or floodways, an elevation certificate must be submitted with the plan;

h.

If applicable, the plan must include the necessary certification and/or "substantial improvement package" necessary to meet flood hazard reductions regulations in the Land Development Code and floodplain management regulations in the Florida Building Code.

(b)

The hearing officer may stay a demolition order to give the petitioner time for such reconstruction, repair, or restoration. The hearing officer may deny an appeal based on a proposed plan to repair, restore, or reconstruct the structure when:

(1)

The plan is inadequate as to scope, time, or necessary detail;

(2)

The structure and/or its systems are located within areas designated as floodways, and the proposed reconstruction or repair of the structure would constitute an encroachment or development (including but not limited to fill, new construction, or "substantial improvement" as defined by 44 C.F.R. § 59.1, as it exists now or may be amended) but the plan (a) does not include a certification with supporting technical data by a registered professional engineer demonstrating that the encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; or (b) the plan does not demonstrate that the proposed construction or substantial improvements comply with the applicable flood hazard reduction provisions of the Land Development Code;

(3)

A previous administrative or judicial order to repair the structure or its systems was not satisfactorily completed;

(4)

The structure or its systems would be dependent on utility infrastructure that is inadequate or in disrepair;

(5)

The cost of necessary and/or proposed repair, reconstruction, and/or replacement of a nonconforming building or structure, or part thereof, exceeds 50 percent of its value;

(6)

The plan does not adequately-address previously-unpermitted construction or repair performed on the structure or its systems without required permits; or

(7)

The proposed plan, if approved, would result in the violation of federal, state, or local laws, codes, standards, or ordinances, including but not limited to zoning regulations.

(b)

A written petition for an appeal will not be accepted without the required fee, past the deadline for appeal, or without the documentation required (see above) when an appeal is based on the petitioner's proposed plan to repair, restore, or reconstruct the structure. Proof of indigence or inability to pay, in the form of a sworn financial statement, will be accepted in lieu of the required fee for owner-occupied structures with a current homestead exemption.

(c)

The hearing officer shall hear and consider all facts material to the appeal and may affirm, reverse or modify the order of demolition. Any person aggrieved by the decision of the hearing officer may seek judicial review of the board's order in circuit court.

(Ord. No. 04-41, § 3, 9-8-04; Ord. No. 17-36, § 3, 9-26-17; Ord. No. 18-40, § 3, 10-9-18; Ord. No. 18-45, § 3, 11-27-18)