09/24/2008 - WorkshopMUNICIPAL CODE ENFORCEMENT BOARD WORKSHOP MINUTES
CITY OF CLEARWATER
September 24, 2008
Present: Douglas J. Williams
Jay Keyes
Richard Avichouser
Ronald V. Daniels
Phillip J. Locke
Absent: David W. Campbell
James B. Goins
Chair
Vice-Chair
Board Member
Board Member
Board Member
Board Member
Board Member
Also Present: Camilo Soto Assistant City Attorney
Andy Salzman Attorney for the Board
Mary K. Diana Secretary for the Board
Brenda Moses Board Reporter
The meeting was called to order at 3:00 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
Director of Development & Neighborhood Services Jeff Kronschnabl said consistency
and fairness are important. Staff works with violators and partners with organizations to help
property owners comply with Code.
Attorney for the Board Andy Salzman reviewed City options to enforce the Code: 1)
MCEB (Municipal Code Enforcement Board) hearings; 2) County Court; and 3) Special Master.
Code inspectors work with property owners before cases are brought before the MCEB. He
said the procedures have been streamlined over the years. He wants to go back to a more
formal procedure. He suggested the board first determine if a violation exists via motion and
then reopen the public hearing for the violator to present information about mitigating
circumstances and inspectors to present relevant information and recommend fines and a
compliance date. He suggested the board then make a separate motion to impose a
compliance date and fine.
Mr. Salzman reviewed the Sunshine Law. Board members must disclose information
they receive. The Board's role is to hear evidence and testimony, and make final decisions. He
said the Board is able to gain compliance from Code violators, whereas County court judges
can only enter a fine. Property owners are responsible for notifying the City once compliance is
met. The Board should refrain from irrelevant discussions and making recommendations. It is
important that the Board maintain its objectivity.
Discussion ensued regarding the need for inspectors to be clear and concise when
presenting cases. It was suggested that cases be heard in this order: 1) property owners who
admit to violations; 2) property owners with legal representation; and 3) persons without legal
representation who do not admit to violations.
It was suggested Affidavits of Violation & Request for Hearing be more specific
regarding the violation. It was felt that photographs depicting violations should be shown before
the presentation.
Code Enforcement Workshop 2008-09-24
In response to a question, Mr. Salzman said the Board can make recommendations
regarding updates or amendments to the Code.
The meeting adjourned at 4:44 p.m.
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