11/15/2006 - Workshop
MUNICIPAL CODE ENFORCEMENT BOARD WORKSHOP
CITY OF CLEARWATER
November 15, 2006
Present: Douglas J. Williams Chair
Jay Keyes Vice-Chair
Richard Adelson Board Member
David W. Campbell Board Member
Ronald V. Daniels Board Member
Absent: Kelly Weyner Board Member
Richard Avichouser Board Member
Also Present: Carlos Colon Assistant City Attorney
Leslie Dougall-Sides Assistant City Attorney
Andy Salzman Board Attorney
Mary K. Diana Secretary for the Board
Jeff Kronschnabl Development Services Director
Bob Hall Development Services Manager
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.
Introduction of New Board Members
Board Secretary Diana introduced David Campbell and Ronald Daniels who were
recently appointed to the Board.
Board’s Role & Rules of Procedure – Salzman
Attorney Salzman explained the Board’s role was to determine whether a violation
exists or existed and to set a timeframe for compliance, if warranted. He said it is not up to the
Board to suggest remedies for compliance. He discussed fine reduction requests indicating the
Board’s policy is to not reduce a fine below administrative costs and noted the Board’s policy of
capping an accruing fine at the assessed value. He asked the Board’s input on the streamlined
process which has been used over the past year.
A request was made that a brief synopsis of a case be provided even when a violator
has admitted to the violation.
Concern was expressed that some violations go on for a long time before being brought
before the Board. The Board Attorney said the process takes time and the intent is for
compliance and not to impose a fine.
Development Services Bob Hall indicated that some properties come in and out of
compliance. Concern was expressed when violators plead guilty to the violation, there is no
way to know how the long the case has been going on and it was suggested the history be part
of the record. The Board Attorney said additional information can be exposed during
sentencing.
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Concern was expressed in bringing cases forward that have complied prior to the
hearing. The Board Attorney indicated this is done for the purpose of establishing a repeat
violation whereby a violator can be fined up to $500 a day for each day the violation exists.
Discussion ensued in regard to selective enforcement and the Board Attorney said it is
difficult to enforce every violation in a City the size of Clearwater, due to manpower issues. He
said the City of Clearwater takes anonymous complaints and there may be an emphasis on
these issues. He said this philosophy is standard and that it is impossible not to have selective
enforcement in a large City.
There was discussion regarding how design and color of buildings are regulated and it
was indicated planning, zoning and legal interprets these issues. There is also a community
standard.
Sunshine Law – Salzman
Attorney Salzman reviewed the sunshine and public records laws.
Overview of Code Enforcement – Kronschnabl
Development Services Director Jeff Kronschnabl presented a history of the code
enforcement process and showed videos of blighted areas indicating where there is blight, there
is crime and these are areas that require attentiion.
Adjourn
The workshop adjourned at 5:14 p.m.
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