As long as a study is done on the integrity, or lack thereof, of the seawall and a program put into place to address any insufficiencies, the city could issue a conditional Certificate of Occupancy so that the opening of the building and the tenant's schedule remain intact. The point is the city just has to come clean that 96% of this building is NEW CONSTRUCTION - what the Florida Building Code refers to as a "substantial improvement." It's time for the city to uphold the code that it makes everyone else abide by. And who is to say that there isn't some professional liability involved related to the licensed professionals associated with this project?
This is NOT a red herring Commissioner McVoy.