Lake Wales commission advances maintenance overhaul for downtown vacancy ordinance, defers fee details

Commissioners for the City of Lake Wales reviewed a proposed downtown vacancy and minimum-maintenance ordinance and directed staff to refine language before returning with fee details.

Ronnie Wood summarized the draft as adding a new ‘whereas’ about reduced assessed values and a legislative finding that unattended buildings deprive fire and police of prompt notice, with several definitional changes and a shift in registration timing from 30 to 90 days. Wood said the draft also lowers the occupancy threshold that exempts a building from registration from 80% to 75% and adds enforcement language pointing to Chapter 162, Florida Statutes.

The change to the occupancy metric drew questions from commissioners. Wood said occupancy is typically measured by tenant units in a multi-tenant building: "If there were 10 units in that building and 75% of them are occupied, then they do not have to comply with the vacancy registration," he said.

A key point of contention was whether the ordinance should treat vacant lots the same as vacant buildings. One commissioner asked whether including the word "lot"—currently used in a single definition—would require someone who buys an empty lot to build or lease within an unreasonably short timeframe. Commissioners asked staff to make the language consistent and to consider a requirement to submit development plans rather than an immediate build-out requirement.

Several commissioners and a commissioner who described himself as having proposed many of the changes urged a maintenance-first approach. He said strengthening maintenance standards and providing clear, written intent in the ordinance would create legal standing for the public and make the ordinance more defensible: "A vacant lot is like a missing tooth in a smile," the presenter said, urging tighter maintenance and marketing to promote occupancy.

The discussion also focused on the fee mechanics. Staff recommended that the vacancy-registration fee be set in a separate resolution—allowing the commission to adjust the fee by one reading—rather than fixing an amount in the ordinance. Commissioners pressed for clarity about whether the fee is intended as a revenue fine or a fee-for-service tied to marketing and outreach; one commissioner called for transparency: "The fee is just a euphemism for a fine and, be upfront about it," he said. Staff said maintenance violations will continue to be handled through the existing code-enforcement process.

On enforcement, staff reminded the commission that code enforcement follows Chapter 162, Florida Statutes, which provides notice and administrative review and authorizes fines (staff stated a statutory maximum of up to $250 per day and higher amounts for repeat violations). Staff said the city’s code-enforcement procedures and board review would apply before maximum fines were imposed.

Commissioners asked staff to attach a map showing the Downtown Historic Overlay boundaries (Park and Stewart core) so members not on earlier commissions could see precisely which parcels are covered. Multiple members asked staff to clean up inconsistent wording around "lot" vs. "building," to define terms such as "boarding," and to consider distinctions between street-level and upper-floor occupancy for measurement.

Rather than finalize the full vacancy/fee package, commissioners signaled support for advancing the maintenance standards now while returning later with more refined vacancy and fee language. The commission agreed to continue refining the draft and to bring it back for further consideration.