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HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_11/30/1989 4 i. . ,_: VILLAGE OF TEQUESTA .•i. 1-' Post Office Box 3273 • 35 Tequesta Drive ��, Tequesta, Florida 33469-0273 • (407) 575-6200 'lit =V f FAX: (407) 575-6203 VILLAGE O F TEQUESTA CODE ENFORCEMENT BOARD ORIENTATIO MEETING MINUTES NOVEMBER• 2 , 1 9 8 9 I . The Tequest.a Village ( ode Enforcement Board herd an c,r i entar ; meeting at. the Village Hall , := 57 Tequest.a Drive , Tequesta , Florida ; on Thursday, November , 19811 . The meet.i ng was called to order ar 7 : 30 P .M. by Village Manager Thomas G. Bradford. Board members present were : William Frank , 1)r . Charles Foelsch , Paul Brienza , William Sharpless , Witham 7reacy , Timothy Goldsbury and Gordon Ritter . Village Officals present were : Village Councilmember, Earl L. Collings , Thomas G. Bradford, Village Manager ; and Building Official. , Scott. D . Ladd . Also in attendance was the Village Attorney, John C . Randolph , Esquire . II . INTRODUCTION OF BOARD MEMBERS , VILLAGE ATTORNEY AND VILLAGE STAFF Village Manager Bradford) thanked the Code Enforcement Board members in attendance for• volunteering to serve on this Board , and introduced himself , the Village Attorney, and Village Staff to the Board members . Mr . Bradford stated Mayor Capretta had asked him to apologize for not being able t attend this meeting since he wanted to share a few thoughts with the newly appointed Board to begin their path of working for the Village. The Mayor asked that. the Board set aside a time for him to share some of his thoughts at the next Code Enforcement Board meeting. III . PRESENTATION OF FLORIDA LEAGUE OF CITIES MUNICIPAL CODE ENFORCEMENT BOARD'S VIDEO Village Manager Bradf rd introduced the video to the Board, explaining to them the film involved the kinds of things the Board may ultimately be faced with as they serve the Village of Tequesta. • He stated that one of the most important things that comes out of this film is that Coe Enforcement Boards are not necessarily tyranical types of Boards that wield an iron fist . It can be observed that much comp. ssion comes through , since people are often in circumstances that arcs beyond their control which cause the non- compliance situation to .ome u;r in the first place. Code Enforcement Board Meeting Minutes November 2 , 1989 Page 2 A copy of the Vi] Lag- Codes was presented to each Board member . With that , the film was played for the Board . IV. REVIEW OF CODE ENFORCE ENT PROCESSES AND PROCEDURES BY THE VILLAGE ATTORNEY. Village Attorney Rando ph commented on the excellence of the film. Attorney Randolph addres. ed two issues that came up on the film : I ) The advice on the film regarding conflict of interest was correct under the st.atu-.e at the time the film was made, but is not presently so. It used to be that if there was a conflict of interest, it could simply be announced and file a Conflict of Interest form, then tha party could participate in the vote . That law has now been changed . Now, if there is a conflict of interest. , it must be declared, and that party is not allowed to vote . Conflict of interest is defined as something that may inure to that party' s financial benefit, i . e . , if the party in violation was a client. of that Code Enforcement Board member . A Board member, in fact , cannot abstain fr m voting unless there is a genuine conflict of interest. . If a Board member did not want to vote because the party in violation was his or her neighbor, and that Board member decided to be silent rather than vote , the silence would be counted as a "yes" vote ; and 2 ) regarding the (Sunshine Law" : Just as the Village Council has to abide by this law, so does the Code Enforcement Board. The Sunshine Law simply states that two or more members of any governing body cannot meet , except in the sunshine ( i .e . , a duly called public meeting) . That means that before a meeting, or anytime, one Board member cannot call another to ask what should be done about specific items that are coming up on the Agenda. All that deliberation takes place in the duly called meeting. There are penalties for violation : it' s a misdemeanor, one can be fined, and charged by the State Attorney' s Office - more than that, if someone finds a Sunshine Law violation, they can actually revoke the action that has b4en taken because it came about in the dark, and not in public view. Article V of the Flo ida Constitution did away with municipal courts a long time a o because a lot of people felt they were nothing more than `kangaroo ' courts . It was felt that when municipal courts were done away with , something was lacking . It was felt that municipalities were not able to govern their own • • Code Enforcement Board Meeting Minutes • November 2 , 1989 Page 3 desriny. Jim t+att , . West Palm Beach Cr Attr,rny, came up w: -h the idea of a Code Enforcement. Board and initiated it into legislature . The idea behind a Code Enfnr,ement Board was to ai . municipalities to got- rn themselves . In 95% of the oircumstanc,-=, vi n i at ors c ml:l i ance when they knci : they may come het the Code Enforc-emer,t Board . The first thing the Code Enforceme '. Officer has to do , ender the Code , is to notice the violar regarding the violation , and give him a reasonable time (determined by the Code Enforcement Officer ) in which to comply. If compliancE does not take place within that time , the violator comes before the Code Enforcement. Board . Even then , if there appears to be a very good reason for the non-compliance , the Board has the discretion to make a determination s to what should be done. A fine does not necessarily have to be i posed. Essentially, the purpose of the Code Enforcement Board is to get violators to come into compliance with the written Codes . GOLDSBURY: It appeared in the film that the Code Enforcement Officer determined what the fine would be . ATTORNEY: They do not, determine it . They examine the case and make the initial reco mendation . In most circumstances , the Code Enforcement Board will hccept the recommendation , but may sometimes think it is too low or too high . The Board has the ability to change that.. The Code Enforcement oard is a completely separate Body from the Village Council . The Village Council cannot interfere with CEB , business, and the CEB should not interfere with Village Council business. The Village Council adopts the legislation. The CEB enforces the legislati n. The CEB will not determine whether the ordinances drawn are wise ones, nor how they should be interpreted. The CEB Officer will cite for violations , and the Board will determine hether the party is in violation of that ordinance. The CEB _sh uld divorce themselves from judging whether the ordinances are good r bad. As was stated on the film, if someone allows something to be in violation for a long period of time , and they just ignore the fines , the leverage the CEB has is the power of the lien . Liens have been seen in t.hei past to accumulate to $18 , 000 and be collected under the threat of a foreclosure . Hopefully that. powerful leverage will ndt have to be used . Code Enforcement Board - Meeting Minutes November 2 , 1989 Page 4 • Two things will normal.i :c appear on the CEB ; encla : 1 ) Set. hearings - t e Code Enforcement Officer will cite violation , and a dat - will be set for hearing . Until the time f the hearing, the Boa d will not know what the case is all about - merely that it is set or hearing . Under ue process laws , perscr:s being cited have the right to personally face the CEB to answer questions ; 2 ) - Have the public h=arings of those who have not complied. Some will be set, for hearing . The Code Enforcement Officer might advise that some have complie. and therefore may be dismissed. Those that have not complied need to appear . Formal rules of evidence are not followed, but funda ental due process is , which means that witnesses have to be sworn, including the CEB staff , as well as anyone who testifies . Rights of cross-examination are offered to the person cited, a d the opportunity to question the Code Enforcement Officer is given . The party in violation has the right to be represented by counsel . The violator also has right of appeal within 30 days . SHARPLESS : Is the Ordinance creating the Code Enforcement Board in this book of Ordinances? BRADFORD: It has not yet been codified. That should be done within the next six months . Codification takes place in Tallahassee. Each Boardmember will be on the supplement mailing list , with instructions included on inserting and removing ordinances . I will make sure all Board members have a copy of that (Code Enforcement Board • doption Ordinance) . SHARPLESS: Attorney Randolph, will you be our counsel? ATTORNEY: Either me or someone from my office. SHARPLESS: - Can the Boar confer with Scott Ladd about matters? ATTORNEY: Yes, on , a on .-on-one basis. But, keep in mind, you must try not to interfere with the administrative process . The Code Enforcement. Officer is charged with knowing the ordinances of the Village , and knowing chat the violations are , and that sort of thing . I can' t empha ize enough that you should not look at yourselves as a Committee which is responsible for going out into the community to find violations . That ' s the Code Enforcement Officer ' s job. That is not to say, however , that you can ' t rail something to his attenti .n . • Code Enforcement Board Meeting Minutes • November 2 , 1989 Page 5 SHARPLESS : Is there a -:y problem with us informally looking at the matter that is before us ? .ATTORNEY: There is no . robl em with that on a one-on-one basis . - r the rode Enforcement. ,fficer sets five hearings for the comin_ meeting and you need t . discover what it ' s about , there is not.hir.2. to preclude you from gong to the area of violation to observe , bu- do not trespass . SCOTT LADD: To clarify: I am not the Code Enforcement Officer . Currently, we have a _ art.-time individual . We are hiring a full- time individual who will be . Deputy Building Official/Code Enforcement Officer . will sit as Technical Advisor to the Board. But, you can still call me as the Building and Zoning Official and the overall Chief Code Enforcement Officer, per se, regarding questions abou-. anything that you are given . RITTER: Some decisions that the Board makes may not make them too popular with some in .he business world. Can the Boardmembers be held financially liabl for their decisions , even though they are in the law' by what they re doing? BRADFORD: The Villa e insurance - specific public official liability coverage - overs the Village Council , the Village Manager -- including 11 Boards, Commissions , and Bodies of the Village Council fall nder that policy. You are covered to the extent of that policy. ATTORNEY: The answer s "yes , you can be sued. " However, in most circumstances you are g ing to be safe if you are acting . within the scope of your duties on the Code Enforcement Board. You have the right as quasi-judicial officers to act within your scope. But, when you start acting outside the scope of your duties, its possible you may start having some personal liability, i .e. , making statements outside the meeting that are not related to your duties and you tell some individual you are going to throw the book at him -if he doesn't come into , ompliance . SHARPLESS: If the pr ss is in attendance at some of these meetings, it is probably best for us not to talk to them . ATTORNEY: I don ' t thi k it ' s appropriate for the press to ask you questions about a ending action, and I don ' t think it' s appropriate for the B.ardmembers to comment on things that are pending before them . It. ' s different with a legislative body such as the Village Council . You are sitting as a quasi-judicial Board - as judges . Code Enforcement Board • Meeting Minutes November 2 , 1989 • Page 6 EARL COLI.I\GS : The Village Council and staff is most appreci.ati of each of you volunt.-..ering your services . As the inaugural Code Enforcement Board you wil. ] be setting the pattern , and maybe a precedent , for future Bards . My personal feel in= is , that in this formative stage you wi l l probably want to talk more with Scott Lads • than subsequent Boards , because you are shaping the future of this Body and the future .f your own actions . But , we do thank you . It' s a great opportunity to improve the quality of living in Tequesta . SCOTT LADD: Tom, there are publications out on CEB activities throughout. the State to which the Village might want to subscribe. The State has set up a ode Enforcement Board Officers Association, a sort of 'clearing ouse ' type organization which allows those- officers to get together to resolve problems that might arise . COLLINGS : I believe here were only six or seven cases locally that actually went to co rt . BRADFORD: There were some Notices to Appear (NTA) that actually went before the judge . ATTORNEY: That's anot er good thing about this Board. They abate things from happening, here as in the system we have presently, we can' t abate them from happening . All we can do is cite someone and _ they have to go to cou t. That does not abate the situation . All it does is require them o pay a fine . BRADFORD: (to Buildin Official ) What are some of the usual problems we have had ove the years? LADD: One of the big est problems we have had over the years are the Health and Sanita ion Codes, having to do with not mowing the grass when it gets to be 12" high, accumulations of construction and other types of loose debris , used equipment and used car accumulation . We have very stringent hurricane codes . That' s why we try to keep debris in yards from accumulating. Code Enforcement Board Meeting Minutes November 2 , 1989 Page 7 We do have some pendi g ordinances that have gone into effect a have some amortizat.io features that are going to be coming full circle . First is th- Dumpster Ordinance which has a 18-mor,`h amortization . We still have some violations there . We may have get into that fairly s.on . Those are commercial . Other commercial problems will be sig s . We have a five-year amortization with a little more than 4 1 /2 years left on the Sign Code . This will he a very touchy issue wi h the business community who have very valuable signs about which we are now telling them they have 70 reduce the size , move ack to a certain setback , etc . There may be 60-80 signs out there t at have to be dealt with . As the town gets of er, you will see more and more housing code violations. Ninety-nine percent of those get abated before the problem presents itself to the Board. Ninety-five percent of the ordinances that may be violated are now taken care of through current. processes. We are looking for a tool for that other 5% who refuse to comply. V. ESTABLISHMENT OF THE DATE AND TIME TO CONDUCT REGULAR CODE ENFORCEMENT BOARD MEETINGS . The Ordinance states that the CEB must attempt to meet once every two months . If there is no need , the CEB is not compelled to do that. There are two things that need to appear on the meeting Agenda: 1 ) current business ; and 2 ) set the time for the next meeting Agenda. The variable is that if violators comply before the scheduled meeting, the meeting may not be necessary. When a Code Enforcement Officer notices a violator with non-compliance , he needs to, in his letter to the violator, say that he is allowed so many days to come into compliance before appearing at a meeting of the Code Enforcement Board on such and such a date . The CEB decided to s hedule their meetings the first Tuesday of each month, except fol January 1990. In January the meeting will be held on the third Tuesday. of that month to avoid holiday conflict. Code Enforcement Board Meeting Minutes November 2 , 1989 Page 8 Boardmember Wi ! l iam Treaty moved that the Code Enforcement Bo,a- - meet. regularly The first Tuesday of each month at 7 : 30 p .m . , January i000 when the Board wtil every month thereafter , except meet on third Tuesday at 7 : 3(i p. m . B.-.ardmember Paul Brier-: seconded that motion . The vote was : William Frank - for Dr . Charles Foelsch - for Paul Brienza - • for William Sharpless - for William Treacy - for Timothy Goldsbury - for Gordon Ritter - for the motion therefore was passed and adopted . It was decided that the Board would elect a Chairman and Vice- Chairman at their next meeting . VI . ANY OTHER MATTERS There were no other matters before the Board. VII . ADJOURNMENT There being no other matters before the Board, the meeting was adjourned at 8 : 50 P.M. Respectfully submitted, f6f.;7 ) Fran Bitters Recording Secretary ATTEST: ,It9Ad/ Scott D . Ladd Clerk of the Board /fgr_ DATE APPROVED :