12/09/1998 - 4:24 PMMUNICIPAL CODE ENFORCEMENT BOARD WORK SESSION
CITY OF CLEARWATER
December 9, 1998
Present: Helen Kerwin Chair
Lawrence Tieman Vice-Chair
Frank Huffman Member
David Allbritton Member
Mary Rogero Member
Sheila Cole Member
Joyce Martin Member
Also Present: Leslie Dougall-Sides Assistant City Attorney
Mark Connolly Attorney for the Board
Mary K. “Sue” Diana Secretary for the Board
Patricia Sullivan Board Reporter
The Work Session was called to order at 4:24 p.m. at City Hall.
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 if 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.
In response to a question, Mr. Connolly said the ability to reduce fines is unlimited except the fines must cover administration costs. Staff estimates those costs.
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. Concern was expressed homeowners
or potential buyers expect fines to be reduced.
It was recommended the MCEB review cases that remain out of compliance for three months after the MCEB issues its order.
The meeting adjourned at 5:37 p.m.