12/09/1998 - 4:24 PM (2)
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Municipal Code Enforcement ,Boa'rd
Minutes
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Also Present:
Leslie Dougall-Sides
Mark Connolly
Mary K. "Sue" Diana
Patricia Sullivan
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
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MUNICIPAL CODE ENFORCEMENT BOARD WORK SESSION
CITY OF CLEARWATER
December 9, 1998
. Present:
Helen Kerwin
Lawrence Tieman
Frank Huffman
David Allbritton
Mary Rogero
Sheila' Cole
Joyce Martin
Chair
Vice-Chair
Member
Member
Member
Member
Member
I
The Work Session was called to order at 4:24 p.m. at City Hall.
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Board Attorney Mark Connolly reviewed the powers of the MCEB (Municipal
Code Enforcement Board), its ability to impose fines and address repeat violations,
and rules related to conflicts of interest. He also reviewed board rules and meeting
procedures. In response to a question, he said violators are disadvantaged by not
attending the meeting. He discussed proper steps necessary to legally notice
someone of the violation and subsequent meeting. Notices are mailed by regular
post and by certified mail.
In response to a question, Assistant City Attorney Dougall-Sides said MCEB's
powers remain unchanged under the new development 'code.
Discussion ensued regarding outstanding liens, and it was noted the City
cannot foreclose on homestead property.
Concern was expressed fines accrue too high; sometimes beyond the value
of the property. Mr. Connolly said some cities have caps on the fines. A
suggestion was made the City turn foreclosed properties over to the housing
authority for rehab.
It was recommended a time limit be established for initiating foreclosure. A
suggestion was made for staff to research jf the owner of a violating property owns
other properties. Concern was expressed the fine is not always a deterrent if it can
be waived easily after a property owner delays addressing necessary repairs.
Concern was expressed property owners continue to work on projects' after
stop work orders are issued. Board Attorney Connolly said that issue can be
considered when board members determine the amount of the fine.
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'.' '.: 'In response to a question, Mr. Connolly said the ability to reduce fines is .
unlimi'ted'except the fines must cover administration costs. Staff estimates those
costs.
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. . It was felt most owners'remain out of compliance because they cannot
, afford.the :repairs. Concern was expressed the fines accrue beyond the value of the.
property. Mr. Connolly said the board can review properties that remain out of
compliance for a certain length of time and determine if they want to initiate
. foreclosure proceedings. Conce~n ,was expressed homeowners or potential buyers
expect fines to be reduced.
.', It was recommended the MCEB review cases thatremain out of compliance
for three months after the MCEB issues its order. ,
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" '. The, meeting adjourned at 5:37 p.m.
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