SEBASTIAN — Sebastian decision-makers could start the year facing a class-action suit if they can’t figure out a way to spend money they don’t have on property they say they don’t own.
Sebastian resident and former City Attorney Rich Stringer appeared before the City Council Dec. 10 representing a handful of residents along Joy Haven Drive, whose seawalls along the Elkcam Canal are old and failing, and whose backyards and swimming pools are inching closer by the day to sliding into the water.
City staff has maintained that the seawalls are owned by the property owners and therefore their responsibility. Stringer argues that the property lines meander on and off homeowners’ property and, further, that the failing seawalls “are part of a single city drainage system,” and should not be considered an individual property issue.
The city easements on canal-facing properties, he added, exist to allow the City to maintain its systems and, in this case as well, should reasonably be the City’s responsibility.
He pointed out that a single 10-foot section of a seawall could cost as much as $30,000 to replace, an impossible burden for many, if not most, homeowners. In addition, if one section is repaired and others nearby are not, the work is for naught.
“Ownership is seamless – there is no seam at the property line,” Stringer said.
There is, Stringer continued, nothing in the City code that specifically addresses the issue.
“The absence of any means of control indicates City ownership,” he said.
Leaving such a crucial, necessary repair up to each homeowner is not a responsible decision, he told Council.
“Normally we’d be patient,” he continued, “but there is at least one property now where the swimming pool is in danger of falling in. There is a 4-foot deep chasm where you can see roots and pipes. And every time it rains, it gets worse. There needs to be immediate action.”
Referring to a $5 million project about five years back, when the City dredged the Collier Creek Canal and replaced seawalls, he said “there is no good reason why (this is done) north of 512 but not south of 512. It’s not reasonable, rational or just. So we ask that you take responsibility and affirm that you own it.”
Following the meeting, Mayor Richard Gillmor acknowledged decisions would need to be made quickly, and indicated there would be discussions with staff very soon to consider how to address the critical situation.
The cost of replacing all the failing seawalls in the City’s system could go well into the millions, he said.
The Collier Creek project was funded by a combination of a DEP grant that covered the dredging, and stormwater fees and a City stormwater bond, to cover the seawall work. Current grant possibilities will likely be included when the City considers funding sources.
Joy Haven property owner Blakemore Johnston, one of those whose concrete seawall has failed, spearheaded the property owner action, and has stated that a class action suit is likely should the City refuse to accept responsibility for the seawall replacement.