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HomeMy WebLinkAboutCounty Administrator Order - Immediate demolition of unsafe structures from the Spanish Lakes Country Club Community - ROE obtained MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5409634 11/18/2024 08:43:14 AM OR BOOK 5234 PAGE 732-736 Doc Type:ORD RECORDING: $44.00 AN ORDER OF THE ST.LUCIE COUNTY ADMINISTRATOR REQUIRING IMMEDIATE DEMOLITION OF UNSAFE STRUCTURES FROM THE SPANISH LAKES COUNTRY CLUB COMMUNITY (HURRICANE MILTON) (RIGHTS OF ENTRY OBTAINED) WHEREAS,the St. Lucie County Administrator has made the following determinations: 1. Pursuant to Section 252.38, Florida Statutes,political subdivisions of the state have the power during a state of local emergency to provide for the health and safety of persons and property. 2. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 and Ordinance No. 06-046 authorizing the St. Lucie County Administrator and the St. Lucie County Public Safety Director to exercise certain emergency powers and authority during a local emergency. 3. The Governor of the State of Florida issued Executive Orders 24-214 dated October 5, 2024, and 24-215 dated October 6, 2024, declaring a state of emergency that includes St. Lucie County. 4. Executive Orders 24-214 and 24-215, in accordance with Section 252.38, Florida Statutes, authorized political subdivisions to take whatever prudent action is necessary to ensure the health, safety, and welfare of the community. 5. The President of the United States issued an Emergency Federal Declaration, EM-3622-FL on October 7,2024, with an incident period starting October 5, 2024, and continuing. 6. The impact of Hurricane Milton has placed St. Lucie County in a state of emergency,exposing the citizens thereof to danger to life and property. 7. On October 7,2024,at 12:00 p.m.,the St.Lucie County Public Safety Director declared a state of local emergency. 8. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution No. 00-277 and Ordinance No.06-046 and 15-015(copies attached)for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 9. On October 9, 2024, Hurricane Milton made landfall near Siesta Key, Florida as a Category 3 storm. As the hurricane made its way across the state, it conjured tornadoes in St. Lucie County that caused significant destruction. More than 160 tornado warnings were issued for South Florida on Wednesday, and more than a dozen tornadoes touched down throughout the day. One of the most significantly impacted Page 1 of 4 areas was Spanish Lakes Country Club Village, a private community of mostly senior citizens, where tornadoes damaged over 100 homes. As of October 14, 2024, the death toll from Hurricane Milton is six and many are still hospitalized. 10. St. Lucie County has the legal responsibility to remove debris and wreckage from unsafe buildings during a state of emergency. St. Lucie County Code § 38-161 provides certain emergency powers to the County Administrator during a state of emergency: "[luring the state of emergency, the procedures and formalities otherwise required of the county by law may be waived by the county administrator and he may authorize actions pertaining to the following as he deems necessary." The actions include, "Performing public work and taking whatever action is necessary to ensure the health, safety, and welfare of the community"; "Authoriz[ing] the county or their contracted agent right of access to private roars or gated communities as needed by emergency vehicles, such as, but not limited to, police, fire, medical care, debris removal, and sanitation to alleviate immediate threats to public health and safety"; and "Authoriz[ing] the removal of debris and wreckage resulting from a major disaster from all property whether public lands, public or private roads, or gated communities for a safe and sanitary living or functioning condition." The County Administrator declared a local state of emergency on October 7, 2024 and on October 14, 2024 issued an Order requiring removal of debris from private property. 11. St. Lucie County Code § 38-161(e) further provides "to indemnify and hold harmless the United States Government, the Federal Emergency Management Agency (FEMA), the state, the county and their agencies, agents, contractors, and subcontractors, for damages of any type whatsoever, either to property or to persons situated thereon, by obtaining a right of entry permit and agreement from private and gated communities prior to removing storm -generated debris from the property." In order to conduct debris removal from the Spanish Lakes Country Club Community, the County has obtained the necessary right -of -entry agreements from the relevant homeowners' associations and property owner that contain provisions holding the Federal Government harmless. The County has obtained right -of -entry agreements from individual homeowners within the Spanish Lakes Country Club Community as identified in the list attached as Exhibit "A". 12. St. Lucie County Code § 38-161(d)(3) authorizes the County Admiristrator, under a state of emergency, to "[d]etermin[e] a threat to public health and safety that may result from the generation of widespread debris throughout the county, that such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergence aid and relief services, Page 2 of 4 endangerment to all properties in the county, an environment conducive to breeding disease and vermin, and greatly increased risk of fire, and that it is in the public interest to collect and remove disaster debris from all property whether public lands, public or private roads, and gated communities to eliminate an immediate threat to life, public health and safety to reduce the threat of additional damage to improved property and to promote economic recovery of the community at large." 13. There is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved property within the Spanish Lakes Country Club Community and it is necessary to immediately demolish unsafe structures and remove debris from that Community. This determination is supported by the Administrator of the Florida Department of Health in St. Lucie County, Clint Sperber, MPA, who issued an opinion that Hurricane Milton's debris "presents a potential immediate concern to life, public health and/or public safety." Among the reasons Mr. Sperber came to this conclusion include that the debris in Spanish Lakes Country Club creates conditions capable of transmitting disease such as Zika and West Nile Viruses, that the debris blocks access to public safety services, and has the potential to become airborne during a subsequent storm (as happened with Hurricane Helene debris in other parts of Florida during Hurricane Milton), Mr. Sperber advised that debris should be removed from public and private property "without delay." In addition, the County Building Official has inspe--ted all of the structures identified in Exhibit "A" and has determined for each structure listed that the structure is not habitable, is unsafe and should immediately be demolished. The individual determinations are on file in the Office of the County's Building Official. 14. Immediate demolition of unsafe structures and removal of debris from the Spanish Lakes Country Club Community will ensure the economic recovery of that community to the benefit of St. Lucie County. Performing this action is necessary to ensure the health, safety, and welfare of the community. Widespread debris and unsafe structures are a threat to public health and safety. The debris from unsafe structures constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergency aid and relief services, endangerment to all prcperties in the county, an environment conducive to breeding disease and vermin, and greatly increased risk of fire. Furthermore, hurricane season remains active, and another storm may form in the Gulf of Mexico or the Atlantic quickly. Existing debris from unsafe structures can become dangerous projectiles in such storms, as was the case on the West Coast of Florida with Hurricane Milton, which occurred shortly after Hurricane Helene, before Helene -generated debris could be removed. The demolition of unsafe structures and removal of debris Page 3 of 4 expeditiously is important to the safety of all residents. As such, it is in the public interest to demolish unsafe structures to collect and remove disaster debris from all property in the Spanish Lakes Country Club Community to eliminate an immediate threat to life, public health and safe-y to reduce the threat of additional damage to improved property and to promote economic recovery of the community at large. NOW, THEREFORE, I am issuing the following Order: 1. Effective November ! 1", 2024 at 0 : O U G ,ram., the Public Utilities Director is directed to require the County's debris removal contractors to begin demolishing the unsafe structures listed in Exhibit "A" and removing debris from the Spanish Lakes Country Club Community, 2. This Order shall, within 3 days after issuance, be filed in the office of the Clerk of the Circuit Court and delivered to the appropriate news media for publication and radio and television broadcast thereof. In addition, this Order shall be available on a dedicated webpage accessible through a conspicuous link on the County's homepage. Signed this November _ 2024, at i 0 a a M. Worge a y �� f1 County AdmiY9-r-' trator CU Ran Gya C�`D(irec/tor St. Lucie Coun y PublicSafety Keith Pearson St. Lucie County Sheriff i-C, Jeff Lee 4r CK Xf 3ek� Ce e St. Lucie County Fire District Chief Patrick Dayan, P.E. St. Lu ie County Public Works Director cb cca Olson, Dire for of Public Utilities & Solid Waste Page 4 of 4 EXHIBI T A Address Address 169 Calle De Lagos Fort Pierce 38 Montoya Fort Pierce 1 La Villa Ct _ _ Fort Pierce 4 La Villa Ct Fort Pierce 110 Rio De Palmas Fort Pierce 4 Montoya Fort Pierce 10 Tosca Fort Pierce 4 Octavio Fort Pierce 106 Calle De Lagos Fort Pierce 4 Rio De Palmas Fort Pierce 11 La Villa Ct Fort Pierce 40 La Villa Way Fort Pierce 11 Montoya Fort Pierce 40 Montoya Fort Pierce 115an Felipe Fort Pierce 41 La Villa Way Fort Pierce ! 11 Tosca Fort Pierce 42 Ipanema Way Fort Pierce 1113 Calle De Lagos Fort Pierce 142 La Villa Way Fort Pierce 12 Rio De Palmas Fort Pierce 44 La Puerte Del Norte Fort Pierce 12 Tosca Fort Pierce 44 Montoya Fort Pierce 114 La Villa Way Fort Pierce 44 Sierra Del Norte Fort Pierce 14 Rio De Palmas Fort Pierce 45 La Puerte Del Norte Fort Pierce 15 La Villa Ct Fort Pierce 46 La Puerte Del Norte Fort Pierce 15 Rio De Palmas Fort Pierce 46 Montoya Fort Pierce .15 San Felipe Fort Pierce 47 Montoya Fort Pierce 167 Calle De Lagos Fort Pierce 47 Sierra Del Norte Fort Pierce 17 Villa Del Norte Fort Pierce 48 Montoya Fort Pierce 171 Calle De Lagos Fort Pierce 49 Montoya Fort Pierce 178 Catle De Lagos Fort Pierce 5 Montoya Fort Pierce 2 La Villa Ct Fort Pierce 5 Nuestra Isla Fort Pierce 2 Octavio Fort Pierce 5 Villa Del Norte Fort Pierce 2 San Felipe Fort Pierce 5 Villa Maria Fort Pierce 20 La Villa Way Fort Pierce 50 La Puerte Del Norte Fort Pierce 20 Villa Del Norte Fort Pierce 50 La Villa Way Fort Pierce 22 La Villa Way Fort Pierce 50 Montoya Fort Pierce 22 Rio De Palmas Fort Pierce 50 Villa Del Norte Fort Pierce 22 Villa Del Norte Fort Pierce 54 La Villa Way Fort Pierce 23 La Villa Way Fort Pierce 55 La Villa Way Fort Pierce 25 La Villa Way Fort Pierce 58 La Villa Way Fort Pierce 25 Rio De Palmas Fort Pierce 59 La Villa Way Fort Pierce 26 Rio De Palmas Fort Pierce 59 Vista De Laguna Fort Pierce 27 La Villa Way Fort Pierce 6 Arboles Del Norte Fort Pierce 28 Rlo De Palmas Fort Pierce 6 La Villa Ct Fort Pierce 3 Villa Del Norte Fort Pierce �6 San Felipe �Fort Pierce 30 Montoya Fort Pierce 6 Tosca Fort Pierce 30 Rio De Palmas Fort Pierce 63 La Villa Way 'Fort Pierce_ 31 Flores Del Norte Fort Pierce 65 La Villa Way— - Fort Pierce 32 La Villa Way Fort Pierce 7 Montoya Fort Pierce 33 La Villa Way _--.- Fort Pierce 7 Puerto Sal Fort Pierce 33 Lagos Del Norte Fort Pierce -- 7 Quito Fort Pierce 35 Lagos Del Norte Fort Pierce 8 Rio De Palmas Fort Pierce 36 Montoya Fort Pierce 8 San Felipe Fort Pierce 37 Lagos Del Norte Fort Pierce 9 Montoya Fort Pierce 15 Tosca Fort Pierce