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HomeMy WebLinkAbout12141998 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF WORKSHOP MEETING DECEMBER 14, 1998 Actg. Chmn. Neglia called the meeting to order at 2:02 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Ms. Barczyk Actg. Chmn. Neglia Mr. Cosco Mr. Schofield Mr. Cavallo (Ar. 2:10) Mr. Connelly Ms. Griffin(a) Ms. Merritt ALSO PRESENT: Tracy Hass, Growth Management Director Tim Zelinski, Code Enforcement Officer Dord Bosworth, Code Enforcement Secretary Rich Stringer, City Attorney Ann Brack, Recording Secretary NEW BUSINESS: Discussion Items for Workshop: A. Collection of administrative fees when City prevails at hearings. Atty. Stringer indicated that this issue has been included into the new code, and it notes "if we prosecute a case successfully". He noted that even if a public hearing is held and the party comes into compliance, we can still impose costs. He suggested that staff work up some method of providing an amount of actual expenses. He also noted that there remains a problem with collecting these fees as they cannot be filed as a lien on the property. Mr. Zelinski asked how to collect from renters. This was acknowledged as a problem. Actg. Chmn. Neglia referred to some interpretations by Mr. McClelland in 1996. There was more discussion on this issue and Atty. Stringer referred to the flow chart - Code Board Process S2-193 - that he provided for this meeting. Mr. Zelinski found problems with the idea of citations. Atty. Stringer noted that the best use he has found for citations is for situations than cannot be fixed, such as a tree that is cut down. Atty. Stringer commented that he would bring an example of how charges are calculated for time spent on a criminal case, to provide an idea of how to calculate these charges. CODE ENFORCEMENT BOARD WORKSHOP MEETING Of DECEMBER 14, 1998 B. New Code enforcement ordinance 0-98-10 - Recommendation to City Council on violations to be issued citations Atty. Stringer referred to the above ordinance and the general process of cases, as outlined on a separate sheet. There was discussion on when a violation becomes a violation. Atty. Stringer noted that a lien will not attach to a homestead property, which hampers collection of these fines. He also noted that this Board is supposed to create written criteda for reduction of fines and asked for input from Board members. The following are issues that the Board would like to consider in this matter: 1. Hardship; 2. Residential; 3. Commercial; 4. Lien on personal property; 5. Repeat Violation Atty. Stdnger pointed out wording in the code that indicates that no Board member should vote if that Board member has information on any case that would keep him from fairly considering the evidence that comes before him. There was discussion on this issue. Atty. Stringer noted that the "monetary gain" is a general voting conflict statute. This other issue concerns the Code Enforcement Board because members are sitting as "judges". There was discussion on this issue. He noted that Board members bear the responsibility to judge the information they may have obtained about a case, -aside from evidence presented by staff,- fairly, in respect to whether or not it affects their opinion on that particular case. He also noted that everything that comes before this Board is quasi-judicial. He then noted that proper "noticing" has been a problem in the past. Actg. Chmn. Neglia suggested that this Board could visit the sites as a unit, if time permits, but no conversations may take place about the issue. This would include alternate members. Atty. Stringer cautioned the Board members not gather their own evidence because you are not allowed to bring outside evidence. Only staff evidence can be considered. The Sunshine Law was discussed. Atty. Stringer reminded Board members that no discussions between two members and intermediaries or go-betweens can take place about any issue that may come before this Board. He noted that even an issue that has been heard before this Board, but gets sent to City Council for action, may come back to this Board, if that is City Council's determination. Ms. Barczyk commented that her understanding is that member discussions should only run from "gavel to gavel". Atty. Stringer also noted that members may not lean back in their chairs during a meeting and have a conversation about an ongoing issue, away from the microphone. CODE ENFORCEMENT BOARD MINUTES OF WORKSHOP MEETING OF DECEMBER 14, 1998 There was some discussion about public record. There was also discussion about Board members immunity from lawsuits. Mr. Cosco suggested that the issue of the power to reduce fines should be written somewhere in the codes. Ms. Griffin added a suggestion to include the phrase "in compliance" in this written description. Mr. Schofield noted that he received information that no fines have been collected in the past five years. Atty. Stringer then spoke about the length of time involved with fines and filing a lien. He suggested developing a report for the disposition of all violations that come before this Board, either in compliance or not in compliance. This report would be updated monthly. He also noted that fines keep accruing even after having been filed as a lien. He noted that after the order has been put on, after three (3) months, the City Council can authorize the City Attorney to file foreclosure, and this action would be generated by the Code Enforcement Board with a recommendation to City Council. There was discussion on a current case that has been appealed. There was also discussion on whether or not a Code Enforcement Board member could speak at a City Council meeting where a non- compliance issue was being decided, and Atty. Stringer commented that he saw no reason why not, as long as it was made clear that the speaker was a Board member, and did not represent the entire Board. He also noted that at such a City Council meeting, he would give the Council background information in his presentation so they can make an informed decision. Atty. Stringer summarized that at the first meeting after this Board has found a violation, bring it back and let the Board know if it is in compliance or not. If it is not, do an imposing of fine, then calendar it for the third meeting after that, and bring it up under Old Business to see what the Board wants to do from there. Robert's Rules of Order was mentioned by Atty. Stringer. He also indicated that he has a good working knowledge of the motion procedure. There was discussion on this book and he spoke of "substantive" technicality that would not kill the validity of a motion. He also noted that normally, Chairmen do not make motions. Actg. Chmn. Neglia brought up the subject of a report on the standing of cases. He noted that this report was provided to this Board a few years back, and wanted to know what happened to this process. Ms. Merritt noted that the report previously discussed would probably be better than the earlier report. Atty. Stringer encouraged the Board members to continue to mention any sections of the code that pose a problem. Mr. Connelly brought up the subject of the motion format and legal owner or tenant. Atty. Stringer indicated that both owner and tenant should be present for any hearings, as the owner is ultimately responsible. If the owner is not noticed at the beginning, they cannot be held responsible. It should be followed through till the compliance is cleared up. The issue of deadbeat tenants was discussed, and it was suggested that this is an CODE ENFORCEMENT BOARD MINUTES Of WORKSHOP MEETING Of DECEMBER 14, 1998 area that reduction of fine might be considered if an owner has trouble getting the tenant to come into compliance, or with evicting him. Actg. Chmn. Neglia brought up the subject of a second alternate member. The secretary agreed to advertise for this position. The issue of invocation or moment of silence was discussed. Actg. Chron. Neglia adjourned the meeting at 3:45 pm. (12/31/98 AB) City of Sebastian ~^,~ s~a~r a sa~^s~,^~, ~O~,~)A CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF ~ MEETING APPROVED AT MEETING HELD_ ~ E. ANN BRACK