‘Love Shack’ cottage owner staves off condemnation
BRADENTON BEACH – Another Bradenton Beach homeowner has successfully fought the city’s condemnation of his hurricane-damaged home.
In November, Bradenton Beach resident Gash Caudill got the condemnation order rescinded for the ground-level duplex he and his 84-year-old mother share.
Knoxville, Tennessee resident and oncologist Dr. Daniel Ibach has now done the same for the small, ground-level, beachfront cottage he and his wife, Courtney, own at 2216 Gulf Drive N. After purchasing the cottage in 2007, the Ibachs renamed it “The Love Shack.” The cottage serves as their vacation home and as a vacation rental managed by Mike Norman Realty. The Ibachs also own five nearby non-beachfront residential structures.
The Ibachs returned to Bradenton Beach on Oct. 2 to assess the damage Hurricane Helene inflicted and they brought a work crew with them.
“ ‘The Love Shack’ lost its front window and did have some water inside, but structurally it was sound,” Daniel Ibach said. “We got into the house, removed the furniture and started cleaning. We boarded up the damaged window and had the house ready for inspection by the city by the time we left.”
The Ibachs have flood, wind and homeowners’ insurance on each of their Bradenton Beach properties. As their successful insurance claims moved forward, they awaited a city inspection as part of the repair permitting process.
On Oct. 31, Building Official Darin Cushing placed a red condemnation notice on the cottage’s front door.
“This structure is hereby condemned and must be demolished and removed,” the notice said.
“Storm damage beyond repair” was listed as the reason.
On Nov. 4, Ibach received a photo of the condemnation notice from his property manager.
“I was in shock,” Ibach said. “I didn’t get a phone call saying we need to investigate this and I knew no one had been in the house because the property manager would have had to let them in.”
Ibach called his contractor and the contractor called the building department the following day to schedule an inspection. On Nov. 6, Ibach received a call from City Attorney Ricinda Perry.
“She said the city has access to funds to pay for, or help pay for the demolition and she could expedite that process for me,” Ibach said. “I knew my house was not condemnable. I told her I did not want her help tearing down the building and I would be contacting my lawyer. It’s intimidating for a city attorney to call you and say we can help you tear your house down. I was very concerned at this point.”
Ibach contacted his attorney and his property manager. According to Ibach, Perry met the property manager at the cottage the following day and was allowed inside. Ibach said his attorney and Perry spoke on the phone on Nov. 8 and Perry said the condemnation order was rescinded.
“They knew my lawyer was recording the conversation. We have proof that they said it’s not condemned,” Ibach said.
Ibach’s attorney then sent Perry a letter seeking written acknowledgement that the condemnation was rescinded. As of Dec. 8, that written acknowledgement had not yet been received.
When contacted by The Sun on Dec. 2, Cushing explained the Oct. 31 condemnation.
“This was another case in which I could barely see the building in the first few days after the storms. It was buried in sand and the house just a few feet to the south (Dick Kuhlman’s “3 Pines Cottage”) was totally destroyed,” he said by email.
Regarding potentially premature condemnations, Ibach said, “This should be something the city takes very seriously. It would be refreshing to have the city come alongside its members and help. But my feeling was they came alongside my house to see if they could get it torn down. That’s not helping me.”
Ibach said he wouldn’t have sold the beachfront property even if the cottage had been condemned and demolished.
“I would immediately start building something else,” he said.
“The city should protect their constituents. If they have to condemn a house, that’s the last step they should take, not the first. I’m blessed that I can say, ‘No, I’m not going to let you do this to me,’ but a lot of people don’t have the wherewithal to fight this and some will think they have no other options. Demand an inspection and get your own inspection to refute the city’s inspection if you don’t think it’s correct.
“I encourage people to stand up for their rights. One of the hallmarks of the United States of America is that we have private ownership and private property and we are allowed to defend our property with our lives,” Ibach said.
