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03/02/2005 - Workshop MUNICIPAL CODE ENFORCEMENT BOARD WORKSHOP CITY OF CLEARWATER March 2, 2005 Present: Sheila Cole Chair Douglas J. Williams Vice-Chair Joyce Martin Board Member Jay Keyes Board Member Richard Avichouser Board Member Kelly Sutton Board Member Absent: George Krause Board Member Also Present: Bryan Ruff Assistant City Attorney Mary K. Diana Secretary for the Board Neil Legters Building Official Assistant Bill Wright Building Construction Inspector Kevin Garriott Building Official Bob Hall Development Services Manager Mike Coccia Building Construction Inspector Scott Kurleman Land Resource Specialist Gabe Parra Code Enforcement Inspector Fred Mills Industrial Pretreatment Technician Mary Jo Fox Sign Inspector Rosemarie Call Administrative Analyst Brenda Moses Board Reporter The Assistant City Attorney called the meeting to order at 2:09 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1 – Streamline MCEB (Municipal Code Enforcement Board) Procedures – Ruff Assistant City Attorney Bryan Ruff recommended streamlining procedures to save time and expedite cases. He reviewed the process. 2- Video – St. Pete MCEB Procedures (streamline approach) Mr. Ruff presented a video tape of the City of St. Petersburg’s code enforcement proceedings and how city inspectors present each case. 3- Use of MCEB or Court System – Ruff Mr. Ruff said the City could file for hearings on alleged violations with the MCEB (Municipal Code Enforcement Board) or County Court. Staff often files cases related to repeat violators to County Court rather than scheduling multiple appearances before the MCEB. There are instances when County Court is the best utilized avenue; however, efforts are being used to better utilize the MCEB. Code Enforcement Workshop 2005-03-02 1 4 – CRT Issues – Kronschnabl/Hall Development Service Manager Bob Hall said staff attempts to achieve voluntary compliance through education, prior to bringing cases before the MCEB. The compliance process includes verbal and written notices. Mr. Hall reviewed staff frustrations regarding habitual offenders. A suggestion was made to attach an administrative fee to violations as an incentive to come into compliance and eliminate costs to the city. 5 – Building Code Issues – Garriott Building Official Kevin Garriott said staff works for many months with property owners before filing for MCEB review. He expressed frustration that some property owners testify before the MCEB, claiming ignorance of compliance issues after staff has provided them with all related documentation and information. In response to a question, Mr. Garriott said his department mails statements for administrative fees. Building Construction Inspector Mike Coccia said staff provides reasonable time, including extensions, for property owners to come into compliance. Staff recently developed an owner/builder guide with information on hiring a contractor, City permits, telephone numbers, etc. Some cases involve multiple issues. Building Construction Inspector Bill Wright reported unsafe building violation cases can take up to a year to resolve. Industrial Pretreatment Technical Fred Mills reviewed the City’s grease trap enforcement process. Land Resource Specialist Scott Kurleman reviewed irreparable/irreversible incidents, such as illegal tree removal. Discussion ensued in regard to citing both the owner of the property and the tree company. Sign Inspector Mary Jo Fox said the County Court process is faster and requires less paperwork than the MCEB. She said violators tend to view County Court procedures more seriously. The MCEB process requires significant staff time to post properties, take photographs, and prepare paperwork. 6 – MCEB Order Language – Salzman Mr. Salzman had a conflict and was unable to attend. 7 – Board Q & A Discussion ensued regarding fines and it was suggested when the inspector recommends a fine to the Board that administrative fees be included. In response to a question, Mr. Ruff said the City cannot collect fines for homesteaded properties, but can place a lien on those properties and collect the fines when the properties are sold. In response to a question, Ms. Diana said there is not a debt collection specialist on staff, but quarterly statements are mailed to violators. Code Enforcement Workshop 2005-03-02 2 In response to a question, Mr. Ruff said the City re-records liens every seven years if not paid. Concern was expressed taking the violations to County Court does not address the compliance issue. There was discussion regarding staff continuing to work with the alleged violators for a significant amount of time and it was recommended time limits be set and cases be brought before the MCEB sooner. A question was raised whether the Board could accept a letter from the alleged violator as an admission to a violation in place of having the violator appear before the Board. Staff to check with Board Attorney. Discussion ensued in regard to violations that go in and out of compliance and it was questioned what would be a reasonable amount of time for the violation to be considered a “fresh” violation. It was felt a year would be a reasonable amount of time. Discussion ensued in regard to use of the Court system and it was indicated approximately 90% of those cases have come into compliance. An opinion was expressed the MCEB should be the first solution for compliance. There was discussion regarding changing the starting time of the meeting to 1:00 p.m. and/or twice a month meetings if there is a significant increase in cases and limiting the presentation/discussion to 10 minutes. Consensus was to try the streamlined process before rescheduling meetings. In response to a question, it was indicated Robert’s Rules of Order are followed if the issue is not addressed in the Board’s procedures. Mr. Hall invited Board members to ride along with the inspectors. In response to a question, Mr. Hall said buyers of inoperable vehicles often fail to register them and concern was expressed in bringing vehicle sellers before the MCEB. Staff suggestions were requested to address the non-registration of vehicles. In response to a concern about landscaping blocking the visibility at intersections, Mr. Kurleman recommended citizens call staff to report those problems. Mr. Hall reviewed issues related to short term rentals. Adjourn The workshop adjourned at 4:03 p.m. Code Enforcement Workshop 2005-03-02 3