09/28/2005 - Workshop
MUNICIPAL CODE ENFORCEMENT BOARD WORKSHOP MINUTES
CITY OF CLEARWATER
September 28, 2005
Present: Sheila Cole Chair
Douglas J. Williams Vice-Chair
Jay Keyes Board Member
George Krause Board Member
Joyce Martin Board Member
Richard Avichouser Board Member
Kelly Sutton Board Member
Also Present: Bryan Ruff Assistant City Attorney
Jenay Iurato Attorney for the Board
Mary K. Diana Secretary for the Board
Brenda Moses Board Reporter
The Chair called the meeting to order at 4:04 p.m. at City Hall.
Degree of evidence required
Development Services Director Bob Hall questioned the degree of forensics
expected by the MCEB (Municipal Code Enforcement Board). Discussion ensued with
comments that the board relies on evidence, testimony, and common sense to make
their final decisions.
Board members felt that staff provides adequate supportive evidence at
hearings.
Determine assessed value for caps on fines
Mr. Hall said when fines are imposed, the maximum fine is capped at a
property’s current assessed value. It was remarked that caps were established to
eliminate undue burdens on property owners and to encouragement redevelopment.
Concern was expressed that assessed property values increase while fines are not paid.
Mr. Hall suggested the cap could be adjusted to reflect the assessed value when fines
are paid.
It was felt that raising the cap would make little difference in achieving
compliance. Staff indicated it would take little effort to adjust the cap when fines are
paid. Attorney for the Board Jenay Iurato said if the cap is not increased, the City limits
its ability to recover all fines. The lien is attached to the property, not the owner.
Assistant City Attorney Bryan Ruff said while the City cannot foreclose on
homesteaded properties, the owner can sell the property. When the property is sold, the
new owner often requests a reduction of fines from the board. Mr. Hall said staff prefers
that caps on fines be increased as property values increase.
Other
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Mr. Hall announced a code enforcement workshop is scheduled for October 28,
2005, in Lakeland. Ms. Diana invited interested members to contact her.
Chair Cole reported her term is up next month.
Adjourn
The meeting adjourned at 4:38 p.m.
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