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~A OFFICE OF THE COUNTY ATTORNEY

^OR\^

* Florida Bar Board Certified in City, County and Local Government Law
December 11, 2020
Jeffrey N. Steinsnyder, County Attorney*
David A. Goldstein, ChiefAssistant County Attorney*
W. Elizabeth Blair, SeniorAssistant County Attorney
JaneM. Pagan, SeniorAssistant County Attorney*
Lewis E. Garlisi, Senior Assistant County Attorney
Karen A. Lloyd, Senior Assistant County Attorney
Joseph D. Richards,Senior Assistant County Attorney
Anthony M. Salzano, Senior Assistant County Attorney
Kristi Sims, Senior Assistant County Attorney
Nicki H. Spirtos, Senior Assistant County Attorney
Patrick A. Moore, Assistant County Attorney
Jordan Wolfgram, Assistant County Attorney

Gator Crossings at Trinity Commercial Condominium Association, Inc

c/o Charles H. Carver, Registered Agent
2907 Bay To Bay Blvd, Suite 201
Tampa, Fl 33629

Re: Demand for Immediate Correction of Dangerous Site Conditions

Parcel No. 23-26-16-0080-00000-OCEO

Dear Gator Crossings at Trinity Commercial Condominium Association, Inc:

This is a demand for action to correct dangerous/unsafe conditions on the above-
referenced property. I have been informed by the Director of Emergency Management
a depression/sinkhole measuring approximately 5 feet wide by25 feet deep manifested
itselfon Spring Haven Boulevard,on October5, 2020, and hassincegrown to encompass
portions ofthe parcel above. The depression/sinkhole has continued to grow; it currently
measures approximately 50 feet in diameter by 130 feet deep and poses a significant and
immediate dangerto the structural integrity ofthe adjacent county road.
This condition also poses a severe threat to the life, health, and/or safety of (1) persons
traversing areasonornearthedepression, and (2) personstraveling on southbound Little
Road nearthe parcel. Sincethe incident, the county has beenforced - dueto the inaction
of the Spring Haven Condominium Association, Trinity Varsity Club LLC and Gator
Crossings at"Trinity Commercial Condominium Association, Inc - to erect fencing and
close a portion ofthetraffic lanes on Little Roadto protect the lives ofmotorists^using the
roadway near the intersection of Spring Haven Boulevard and Little Road. This lane
closure not only interferes with the efficient movement oftraffic on a major arterial road,
but endangers motorists forced slow or stop to merge with traffic in adjoining lanes that
often is traveling at a high rate of speed or in congested conditions. Further, these
temporary measures cost $300 per day in public funds to maintain the traffic control
devices required by state law for the lane closure.
8731 CitizensDrive, Suite340, NewPortRichey,Florida34654 . (727)847-8120 . FAX(727) 847-8021
As I am not a geotechnical engineer, it is unclear to me whether the depression/sinkhole
is stable (although recent history suggests otherwise, given its rapid growth) or the extent
to which it has damaged public property on or near the roadway. As the county's senior
municipal prosecutor, however, it *is* clear to me that your ongoing failure to correct the
dangerous and unsafe conditions on your parcel violate a number of provisions of the
Pasco County Code of Ordinances (hereafter "PCC") and the Pasco County Land
Development Code (hereafter "LDC"). These violations, include but are not limited to, the
following:

Section 42-1, PCC: failure to control threats to public health, safety, and welfare;
Section 42-2, PCC: maintenance of a nuisance on land;
Section 82-2, PCC: causing obstruction of a public and/or private right-of-way used as a
street, road, or highway;
Chapter 17, PCC: failure to undertake required permitting for investigation and
remediation of ground settlement conditions as required by Ordinance No. 07-04;
Section 18-23, PCC: failure to undertake necessary action to prohibit immediate danger
of collapse of structure, thereby endangering life, health, and/or property;
Article VI, PCC: maintaining a structure/condition in violation of the applicable technical
codes;
Chapter 400, LDC: failure to maintain conditions of approved site development plans;
Section 901, LCD: interfering with access management standards, including
accommodation and use of arterial and collector roadways, and violation of street design
and dedication requirements;

On or before 5 p. m. on December 14, 2020, you must immediately follow the procedures
outlined in Chapter 17 of the PCC for investigation and remediation of the ground
settlement conditions on your property. I am enclosing a 1 3-page document summarizing
this process. Please be advised this summary is outdated in some respects; for example,
the fees referenced have been changed. Questions regarding the permitting process
may be emailed to Marisel Mellinger, Central Permitting Manager, at
mmellin er ascocount fl. net. Please copy me and my paralegal on any
correspondence with any county staff concerning this matter: ksims ascocount fl. net;
'Irodri uez ascocount fl. net. Further, you must contact me, in writing, on or before 5
p. m. on December 14, 2020, to make arrangements to pay restitution for the cost of the
fencing and installation and maintenance of the required traffic control devices on Little
Road ($300. 00 per day, retroactive to the appearance of the sinkhole on your property,
and which will be ongoinguntil remediation is complete).

Failure to file the required investigation and remediation permits, and/or failure to make
written arrangements for restitution by the deadlines above will result in initiation of legal
action by Pasco County against you to obtain a court order requiring immediate action to
remediate the sinkhole, money damages for public funds expended, and daily fines for
each and every violation of the code, retroactive to the date of the manifestation of the
depression/sinkhole on your property.
^Notwithstanding any statements or representations by any county employee to
the contrary, it is the county's contention that you are legally responsible for the
ongoing violations of the code, and the remediation of the sinkhole. It is legally
irrelevant where the sinkhole first manifested itself; it exists on your property and
therefore you (both jointly and severally with Spring Haven Condominium
Association and Varsity Club, LLC) are responsible under the provisions of the
county's codes for the existence of the condition, the costs associated with
mitigating the dangerto the public, immediate investigation and remediation of the
dangerous condition, and any damage to public property which has or does occur
as a result of your failure to act to fully and properly remediate the sinkhole.**

I represent the Board of County Commissioners with respect to this matter. Other than
actual permit submittals, I must be copied on all correspondence related to this matter. I
look forward to hearing from you, in writing, immediately upon receipt of this letter and to
resolving this matter quickly and favorably for all involved.

Sincerely,

)^%-^-
Kristi Sims
SeniorAssistant County Attorney

ec with Attachment:

Via email to:

Marisel Mellinger, Central Permitting Manager
Paula Baracaldo, Director, Building & Construction Services
Andrew Fossa, Emergency Management Director
Dan Greenberg, Esq. (Dan attorne 'oe. corn)
Joseph Porcelli, Esq. (law erfla aol. corn)
Steven Mezer, Esq. (smezer beckerlaw ers. corn)
Bernard Y. Cockrell, II (bcockrell cockrell ro ert rou . corn)

Via regular mail and CMMRRR # 70130600000226032899 to: Gator Crossings at Trinity
Commercial Condominium Association, Inc. c/o Charles H. Carver, Registered Agent,
2907 Bay To Bay Blvd., Suite 201, Tampa, Fl 33629

Via regular mail and CMMRRR # 70130600000226032882 to: Gator Crossings at Trinity
Commercial Condominium Association, Inc. c/o Trinity Professional LLC, 3535 Little Rd,
Trinity, Fl 34655-1811

Via regular mail and CMMRRR # 70130600000226032875 to Bernard Y. Cockrell, II at

3624 West Grenada Street, Tampa, FL 33629
 ^

Ground Settlement

Insurance Claims- Investigation and Remediation Permits

Ordinance
Revised 08/20/15

Intent

This document contains the procedures and interpretations to be used when accepting,
processing and reviewing permit applications for Investigation and Remediation Permits and
inspection expectations.

References

Section 17, Pasco County Code

Ordinance No. 07-04, Ground Settlement Insurance Claims - Invest! a+ion and Remediation
Permits which was adopted by the Board of County Commissioners on March 13, 2007 and
became effective March 20, 2007.

Section 18, Building, Pasco County Code

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Ground Settlement SOP created 03. 11. 11
Page 1 of 13
 General
When is a Permit Re uired?

Investi ation Permit

At the time an individual lot is proposed to be investigated for potential ground settlement
activity, an Investigation Permit must be obtained from the Building Construction Services
Department by the property owner or authorized representative.
An Investigation Permit (PSH) is required for ground se+tlement inves+iga+ive work conducted
after March 20, 2007

Remediation Permit

A Remediation Permit (SNK) is required prior to performance of the remediation called for in
the Investigation Report.

Invest! ation and Remediation Permits Permit A lication

Prior to investigation or remedia+ion of Ground Settlement, an Investigation or Remediation

Permit must be obtained from the Central Permitting Division by the property owner or
authorized representative.

The permit application, rules and fee schedule is on-line at www. ascocoun-t fl. net

The fee for said permit shall be in accordance wi+h Resolution No. 08-252.

-'' Permits will be readily issued for a specific property only

dv/sop605.5
 Who Can Obtain the Permit?
The following persons may apply for and obtain a permit:
1. Homeowner

2. Ground Settlement Engineers - PSH Permits

3. General Contractors, Residential Contractors or Building Contractors - SNK Permits

What needs to be submitted

1. Building Permit Application

2. Homeowner's Affidavit

3. Recorded Notice of Commencement for sinkhole repairs valued over $2500 - not
required for investigations.

Invest! ation and Remediation Permits Permit A lication Review

Upon receipt of the permit application, the Central Permitting Division will verify that, if other
than a homeowner, a licensed contractor or engineer has signed on the Investigation or
Remediation Permits application and that their Pasco County Contractor ID Number is
noted.

Investi afion and Remediation Permits Permit Issuance

The work codes are:

PSH for and Investigation Permit
SNK for the Remediation Permit
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Ground Settlement SOP created 03-11-1 1
Page 3 of 13
 Pricin is:

$30 for PSH + 25 Technical Fee = $55

$80 for SNK + 25 Technical Fee = $105. 00
*<'No Surcharge or DPBR/DCAfees apply to these permit types**

Investi ation and Remediation Permits Ins ections

Upon issuance the permits will remain wi+h the Building Construction Services Department.

All paperwork will be handled by the Building Construction Services Department in the
following manner:

PSH Permits:
The permit will remain in an active state until testing is complete and the Investigation Permit
Findings Form is submitted to the County.
Upon receipt of a copy of the recorded Investigation Permit Findings, a "final inspection"
shall be scheduled and closed out by the Building Construction Services Department.

SNK Permits:
The permit will remain active until the remedia+ion activities are completed.

Upon completion of the remediation, the owner/remedia+ion contractor shall execute the
Remediation Activities Conducted summary detailing the remedia+ion activities, repairs,
material used and cost (including labor), explanation of differences between remedial
activity recommended in the Investigation Report and the remedia+ion performed, amounts
paid by insurers to the property owner(s) for ground settlement on the parcel(s) and record
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the same with the Clerk of the Circuit Court - Public Records. A copy of the recorded
dv/sop6D5.5
 Remediation Activities Conducted summary shall be given to the Building Construction
Services Department. The Remedia+ion Summar shall be in substantial conformance with
the previous recommendation of the Investigation Permit (where exists). An deviations from
the rior re crt s and remediation recommendation shall be brou ht to the
owner remediation contractor's attention and ex lanation for the deviation shall be iven
in written form +o the Buildin Construction Services De artment.

Upon receipt of the recorded Remedia+ion Report, the Building Construction Services
Department shall schedule the required inspection.

Prior to "final inspection" of the SNK permit, the Building Construction Services Department
shall review the summary, including the deviation report, if any and if acceptable the "final
inspection" shall be approved.

At this time the SNK permit and the related PSH permit are sent io the records retention
facility for warehousing.

Common Errors:

1. Do not accept Investigative Permit Findings or Remediation Activities Summary Reports

that have not been Corn letel Filled Out and Recorded with the Clerk's Office for
review.

2. Cashiers must place a "C" in the Surcharge Ovem'de field prior to creating a PSH or
SNKpermit.
Effective Date

The effective date of the Settlement Insurance Claims- Investigation and Remediation
Permits requirement in accordance with Chapter 17 of the PCC (Ordinance No. 07-04) is
March 20. 2007.

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'SOP Created 3/25/06; Updated; 3/11/11; Updated 08/20/15 with Technology Fee
Ground Settlement SOP created 03-1 1-11
Page 5 of 13
 Distribution

The Property Appraiser's Office shall be notified through a reporting method agreed upon by
the Building Construction Services Department and the Property Appraiser's Office of ail
Investigative and Remediation Permits.

AAgppjng

A data base of the Investigative Permits (PSH) and Remediation Permits (SNKJ shall be made
available to the GISSection on a monthly basis for posting on the CIS layer.

Enforcement

Code Compliance shall investigate complaints based on the initiation of a complaint by the
Building Construction Services Department using the Gov-QA system. A copy of the NOV will
need to be sent to the Building Construction Services Department who will enter the
'information into the "STOP WORK" screens of the Permit System.

AHACHMENTS:

1. Ordinance No. 07-04

2. Investigative Summary Report
3, Remediation Summary Report

dv/sop605.5
 ATTACHMENTNO. 1: ORDINANCENO.07-04

AN ACTTO BE ENTITLED

AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF PASCO COUNTY.

FLORIDA AMENDING THE PASCO COUNTT CODE OF ORDINANCES BY CREATING
CHAPTER17 TO PROVIDEFORREQUIREMENTSFOROBTAININGTRACKINGPERRfllTSFOR
POTENTIALSETTLEMENTINVESTIGATIONSAND REIWEDIATIONACTIVITIES;AND FORMS
FOR INCLUSION IN THE PASCO COUNPlr CODE, REPEALER, SEVERABILITY,
MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT THE PUBLIC HEARING, AND
AN EFFECTIVEDATE.

WHEREAS, the legislature ofthe State of Florida has in Chapter 125, Florida Statutes, delegated to local
government units the responsibility to adopt regulations designed to protect the public health, safety and general welfare
of its citizenry; and
WHEREAS, due to a large number of ground settlement insurance claims within Pasco County, Pasco County's
residents havebeensubjectedto increased property insuranceratesby insurers; and
WHEREAS, in orderto create a public record ofsuch claims andthe remediation actions taken, ifany, on each
claim, the Board ofCounty Commissioners has determined that it is in the public interest to track the claim investigation,
results of the investigation, and any repairs recommended and completed.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pasco County, Florida, as
follows:
SECTION1. Authorityand Power.

Pursuant to the Constitution of the State of Florida and through Florida Statutes Chapter 125, the Board of County
Commissioners is vested with the authority to adoptthe following amendments to the Pasco County Code ofOrdinances,
as amended, creating Chapter 17, Miscellaneous Permits.
SECTION 2. Recitals.

The foregoingwhereasclausesaretrue and correct andare incorporatedherein.

(SECTION 3. Code of Ordinances, Chapter 17, Miscellaneous Permit is hereby created: Ground Settlement Insurance
Claims- Investigation and Remediation Permits.
Ground SettlementSOPcreated 03-11.1 1
Page 7 of 13
 ARTICLE I. Section 17-1 Investigation Phase
a) Applicability. For all ground settlement investigations that occur after the effective date of this Ordinance, an
Investigation Permit shall be obtained prior to said investigation being conducted.
b) Prior to investigating potential ground settlement activity under or in the lot area upon which a structure exists, an
Investigation Permitshall be obtained by the homeowneror authorizedrepresentative.
0 The Investigation Permit application shall consist of the following:
1) Owner of land(s) on which the investigation shall be conducted.
2) Parcel Identification Numbersof lands upon whichinvestigation shall be conducted.
d) The Investigation Permit shall be valid for a period of six months from date of issuance. Extensions of time, in no
more than three-month increments, may be issued by the CountyAdministrator, or his designee. A maximum oftwo
extensions may be approved after which a new application shall be required.
e) In order for the Investigation Permit to be considered complete, the results of the investigation shall be submitted to
the County. The results shall, at a minimum, include a summary report of the findings in the following format:
Investigation Permit Findings
Permit No.
Parcel ID. No. (s):
Property Address:

Owner(s) Name:
Dates of Investigation:
Investigation Conducted:

Investigation Findings:

Recommended Remediation (including quantities of materials to be used):

Numberof pages of attachments to this report:

The report shall be on paper no larger than 8% X 11.
The Investigation Permit and Investigation Permit Findings document, upon completion, shall be recorded in the
public records of Pasco County. The cost of recording said documents shall be paid by the applicant.
Section 17-2 Remediation Phase
(a) Applicability. For all ground settlement remediation that occurs after the effective date of this Ordinance
u a Remediation Permit shall be obtained prior to said remediation work being started.
av/sop605.5
 '
, (b) Prior to remediation of any ground settlement, a Remediation Permit shall be obtained. This permit shall
be for remediation ofground settlement for which a Building Permit in accordance with Chapter 18ofthe
Pasco County Code is not required.
Any Building Permitrequiredby Chapter 18ofthe PascoCountyCodeshall be obtainedseparatefrom
the Remediation Permit.
(c)The Remediation Permitapplication shall consistof the following:
(1) Owner of the land(s) on which the remediation activity shall be conducted.
(2) Parcel IdentificationNumberofland(s) uponwhichthe remediation activitywilt be
conducted.

(3) Proposed remediation activitiesto be conductedwhichshall includequantitiesof

materials to be used.
(d) The Remediation Permit shall be valid for a period of six months from the date of issuance.
(e) In order for the Remediation Permit to be considered complete, a report on the remedial action taken
shall be submitted to the County. The report shall, at a minimum, include the activities conducted in the
following format:
Remediation Activities Conducted
Permit No.
Investigation Permit No.
ircel ID(s):

Property Address:

Owner(s) Name:
Date(s) Remediation Conducted:
Remediation Activities Conducted:

Materials, including quantities, used and cost of such materials and labor

lanation of any differences in remedial activity recommended in Investigation Permit Findingsand those conducted:

Amount of any payment(s) by an insurer to the owner(s) pursuant to a claim for ground settlement on this parcel(s):

Number of pagesof attachments to this report:

The report shall be on paper no larger than SVsX 11

Ground Settlement SOP created 03-11-11

Page 9 of 13
 The Remediation Permit and Remediation Activities Conducted documentation, upon completion, shall
be recorded in the public records of Pasco County. The cost of recording said documents shall be paid by the applicant.
Section 17. 3 Settlement Definitions. For purposes of this Ordinance, the term "settlement" shall include, but not be
limited to, anysubsidence, settlement, or sinkhole activity that impairs or has the potential to impairany structure, andfor
which an investigation and/or remediation is conducted.
SECTION4. Repealer.
Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict.
SECTION5. Severability.
It is declared to be the intentofthe Board of County Commissioners of PascoCounty, Florida, that if any section,
subsection, sentence, clause, or provision of this Ordinance is held invalid, the remainder of the Ordinance shall be
construed as not having contained said section, subsection, sentence, clause, or provision, and shall not be affected by
such holding.
SECTION 6. Inclusion into the Pasco County Code.
It is the intent of the Board of County Commissioners that the provisions ofthis ordinanceshall become and be made part
of the Pasco County Code of Ordinances and that the sections of this Ordinance may be renumbered or refettered.
SECTION 7. Modification.
It is the intent of the Board of County Commissioners that the provisions of this Ordinance may be modified as a result of
considerations that may arise during public hearings. Such modificationsshall be incorporated into the final version of the
.
Ordinance adopted by the Board and filed by the Clerk to the Board pursuant to Section 8.
SECTION 8. Effective Date. (March 20, 2007)
A certified copy of this Ordinance shall be filed with the Department of State by the Clerk to the Board within ten (10) days
after adoption of this Ordinance, and this Ordinance shall take effect upon filing with the Department of State.
ADOPTEDthis 13th day of March, 2007

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dv/sopeos.5
 ATTACHMENT NO. 2: INVESTIGATIVE PERMIT FINDINGS

Investigation Permit Findings

Permit No.
Parcel ID. No. (s):
Property Address:

Owner(s) Name:
Dates of Investigation:
Investigation Conducted:
date and t e
Investigation Findings:

Recommended Remediation (including quantities of materials to be used);

Numberof pages of attachments to this report:

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Ground Settlement SOP created 03-11-1 1
Page 11 of 13
 ATTACHMENT NO. 3: REMEDIATION ACTIVITIES SUMMARY REPORT
Remediation Activities Conducted
Permit No.
Investigation Permit No,
Parcel ID(s):

Property Address:

Owner(s) Name:
Date(s) Remediation Conducted:
Remediation Activities Conducted:

Materials, including quantities, used and cost of such materials and labor:

Explanation of any differences in remedial activity recommended in Investigation Permit Findings and those conducted:

Amount of any payment(s) by an insurer to the owner(s) pursuant to a claim for ground settlement on this parcel(s):

Number of pages of attachments to this report:

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