Loading...
CESM Minutes 01/31/2008 W January 31, 2008 MINUTES OF THE FORUM OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, January 31,2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in WORKSHOP SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate AGENDA COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PUBLIC FORUM Special Magistrate - Brenda C. Garretson January 31, 2008 9:00 AM I. What is a Special Magistrate? A. Formation and Authority B. Areas of Coverage C. Methods D. Powers II. Enforcement Procedures A. Methods of initiation of case B. Health, Safety and Welfare Violations C. Repeat Violations D. Transfers of Property after Notice of Violation III. Conduct of Hearings A. Language B. County's Presentation C. Respondent.s Presentation IV. Penalties for Ordinance Violations V. Motions for Rehearing and Appeals VI. Methods of Notice A. Notice of Violation B. Notice of Hearing VII. CMI Citations A. CMI Infraction Penalties B. Options upon Issuance of Citation VIII. Training for Code Enforcement Officers ...BREAK... IX. Mock Code Enforcement Hearings A. Actors I. Code Enforcement Investigators/Supervisors 2. Volunteers from Audience B. Conduct Hearings I. Scenario #1 - BCC v. Mr.lMs. Biggs 2. Scenario #2 - BCC v. Mr.lMs. Skinflint 3. Scenario #3 - BCC v. Mrs. Do-no-EViI 4. SCEnario #4 - BCC v. Grandmother Mimi 5. Scenario #5 - BCC v. George and Julie Adams THANK YOU ALL FOR ATTENDING THE SPECIAL MAGISTRATE PUBLIC FORUM 2 January 31, 2008 The Special Magistrate called the Forum to order at 9:20 AM and welcomed the participants, AGENDA I. What is a Special Magistrate'? A, Formation and Authority: · Quasi-Judicial Entity formed by the Board of County Commissioners · Created to protect the public health, safety and welfare of County residents · Ensures compliance with Ordinances and Codes · Removed proceedings from Court setting into a non-criminal environment . Goal: more expeditious and economical method handling of cases B, Areas of Coverage: · Primary venue for Code Enforcement violations in Collier County · Other departments in the County request hearings of violations: Department of Animal Services Parks and Recreation Sheriffs Department Public Utilities · A handout listing the various types of Violations and Citations was provided to the general public for reference (The Code Enforcement Board primarily deals with land use issues.) C. Methods: · Initial service of a Notice of Violation by Code Enforcement OR by service of a Citation (a/k/a "Ticket") from County Sheriff · A "Notice to Appear" (at Hearing) is served via Certified Mail or by posting the property where the violation occurred and at the Courthouse . Personal service is not required D. Powers: · Code Enforcement Board and Special Magistrate have the same powers: May issue a subpoena requiring the attendance of an individual, andlor the production of documentation (records/surveys/photographs) - Take testimony under Oath - Issue Orders that have "the force of law" requiring compliance - Assess fines, costs of prosecuting the case, and penalties in accordance with Ordinance/Code - Costs are less than those assessed in the Court system II. Enforcement Procedures A. Methods ofInitiation of Case · Via regular patrol by Code Enforcement Investigator who observes violation and notifies resident 2 January 31, 2008 · Via complaint initiated by private citizen to Code Enforcement Department B. Health, Safety and Welfare Violations · Swimming pools: problems with stagnant water or lack of separate screening/fencing of pool area can become breeding ground for mosquitoes, etc. - considered to be an "attractive nuisance" - may order 24-hour compliance if situation is determined to be dangerous C. Repeat Violations · Second or third offense for same problem · Higher fees may be assessed and stricter penalties may be applied · May assess fines up to $5,000 a day - if health/safety/welfare issue, the fine can be as high as $15,000 a day · May suspend requirement of notice D. Transfers of Property · It is the responsibility of the homeowner/seller to notify a prospective buyer that a case is pending before the Special Magistrate or that fines have been assessed against the property. · Copies of all notices must be provided to the new owner. · The violation is attached to the property, not the owner. · The penalty if full disclosure is not made in writing is very serious. It isfraud and Civil Court action may be initiated. III. Conduct of Hearings A. Language · It is the responsibility of non-English speaking residents to bring an interpreter or translator to the Hearing · The County does not provide translators B. County's Presentation · "Due Process" is the right of a citizen to be present and to defend his/herself against charges · Representation by attorney is not required · Special Magistrate does not interpret Constitutional law · Special Magistrate Hearings are conducted in the BCC Chambers in the Collier County Government Complex · Hearings may be at held at the Community Development and Environmental Services Building on Horseshoe Drive ifBCC Chambers are not available · Parliamentary procedure is followed - not court-room procedures ("Rules of Evidence") · Hearsay is permitted · Relaxed environment but order is maintained at all times - disruption is not allowed 3 January 31,2008 · The "Burden of Proof' is responsibility of County - operating rule is "Preponderance of Evidence", not "beyond a reasonable doubt" · The Special Magistrate's goal is to understand the position of both sides · The County's representative, i.e., Code Enforcement Investigator, Deputy Sheriff, DAS Officer or Public Utilities Investigator, will present the findings together with supporting documentation · Initial Order is verbal - the written Order is mailed to Respondent within ten days after the Hearing. C. Respondent's Presentation · Appearance is not necessary - may enter into a Stipulation and agree to pay fine · Individual's time to present their documentation · Reasonable amount of time is allowed to present case · May bring a witness to testify on behalf of Respondent IV. Penalties for Ordinance Violation · Fines accrue on a daily basis - can be quite expensive very quickly · Range of fines based upon Ordinance and type of violation · All property, both real and personal, is subject to lien and may be "attached" · County can foreclose and take property to satisfy the lien if payment is not made · Only exemption is "Homestead" (personal residence) V. Motions for Rehearing and Appeals · A Motion for Rehearing may be made if Special Magistrate makes an error of law, or if the finding ("ruling") is not supported by the evidence · Respondent cannot request a Rehearing simply because he/she didn't like the decision made · Motion must be filed within 10 days ofthe written Order · An Appeal must be filed within 30 days of the written Order · Appeals are heard by the Circuit Court of Collier County · It is not a new trial but a review of the findings ("decision") previously made VI. Methods of Notice A. Notice of Violation · Served by the County's representative · If applicable, given a specific time to correct the violation · If violation still exists beyond deadline, a Notice of Hearing B. Notice of Hearing · Written document which specifies the day and time of Hearing · May request a Continuance (in writing, 5 days prior to Hearing) for a good reason (i.e., medical treatment, business trip, planned vacation) . Personal Service is not required 4 January 31, 2008 · May be served by a Sheriff (rare) · May be served by a Code Enforcement Investigator · May be served via Certified Mail · Property may be posted - Affidavit of Service · Posting at the Courthouse · Usually served ten days in advance of Hearing date VII. Civil Citations A, Civil Infraction Penalties · Found on Citation - specific information in writing · Consistent forms are used · $500 cap on penalty for civil · County has set schedule of fees B. Options upon Issuance of Citation . Pay the fine as directed · Contest and request a Hearing · Will be notified when Hearing is scheduled · If individual refuses to sign, it becomes a 2nd Degree Misdemeanor and is handled in the Criminal Court system VIII. Training for Code Enforcement Officers Job responsibilities: · Learn the applicable law · Learn how to deal with public and when to ask for assistance · Learn how to take sworn statements · Learn to differentiate between a Citation and a Notice to Appear · When and how to issue the Notice to Appear or Citation, i.e., types of service · How to use warnings · Learn how to present a case at Hearing · How to maintain files and keep accurate records Question from Public: Q. What recourse does the County have against Absentee Owners who are in violation but do nothing about it? The County can foreclose on property even if the owner resides out of state, and the property can be sold on the Courthouse steps through the County Attorney's Office. That is the most severe consequence. The owner is responsible for maintaining the property in accordance with County Codes and Ordinances. Due process will be followed, but the property will be sold unless all violations are abated. 5 January 31, 2008 BREAK: 10:35 AM RECONVENE: 11:00 AM The Special Magistrate explained the actual Hearing Instructions that she would present at the beginning of the Special Magistrate Hearings. The Instructions are in the process of being translated into both Spanish and Creole. IX, Mock Code Enforcement Hearings: A, Actors (1) Code Enforcement Investigators and Supervisors (2) Volunteers from audience B, Conduct Hearings Members of the public, as well as Code Enforcement Officers, participated in mock trials of various Code Enforcement scenarios which were based on actual cases. There being no further business for the good of the County, the Public Forum was adjourned by Order of the Special Magistrate at 12:30 PM, COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 6 January 31, 2008 MINUTES OF THE FORUM OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, January 31,2008 LET IT BE REMEMBERED that the Collier County Special Magistrate, in and for the County of Collier having conducted business herein, met on this date at 9:00 AM in WORKSHOP SESSION in Building "F," 3rd floor, of the Government Complex, Naples, Florida, and the following persons were present: SPECIAL MAGISTRATE: Honorable Brenda Garretson Sue Chapin, Secretary to the Special Magistrate January 31, 2008 The Special Magistrate called the Forum to order at 9:20 AM and welcomed the participants, AGENDA I. What is a Special Magistrate? A. Formation and Authority: · Quasi-Judicial Entity formed by the Board of County Commissioners · Created to protect the public health, safety and welfare of County residents · Ensures compliance with Ordinances and Codes · Removed proceedings from Court setting into a non-criminal environment · Goal: more expeditious and economical method handling of cases B. Areas of Coverage: · Primary venue for Code Enforcement violations in Collier County · Other departments in the County request hearings of violations: Department of Animal Services Parks and Recreation Sheriffs Department Public Utilities · A handout listing the various types of Violations and Citations was provided to the general public for reference (The Code Enforcement Board primarily deals with land use issues.) C. Methods: · Initial service of a Notice of Violation by Code Enforcement OR by service of a Citation (alk/a 'Ticket") from County Sheriff · A "Notice to Appear" (at Hearing) is served via Certified Mail or by posting the property where the violation occurred and at the Courthouse · Personal service is not required D. Powers: · Code Enforcement Board and Special Magistrate have the same powers: - May issue a subpoena requiring the attendance of an individual, and/or the production of documentation (records/surveys/photographs) Take testimony under Oath Issue Orders that have "the force of law" requiring compliance Assess fines, costs of prosecuting the case, and penalties in accordance with Ordinance/Code Costs are less than those assessed in the Court system II. Enforcement Procedures A. Methods of Initiation of Case · Via regular patrol by Code Enforcement Investigator who observes violation and notifies resident 2 January 31, 2008 · Via complaint initiated by private citizen to Code Enforcement Department B. Health, Safety and Welfare Violations · Swimming pools: problems with stagnant water or lack of separate screening/fencing of pool area - can become breeding ground for mosquitoes, etc. - considered to be an "attractive nuisance" - may order 24-hour compliance if situation is determined to be dangerous C. Repeat Violations · Second or third offense for same problem · Higher fees may be assessed and stricter penalties may be applied · May assess fines up to $5,000 a day - if health/safety/welfare issue, the fine can be as high as $15,000 a day · May suspend requirement of notice D. Transfers of Property · It is the responsibility of the homeowner/seller to notify a prospective buyer that a case is pending before the Special Magistrate or that fines have been assessed against the property. · Copies of all notices must be provided to the new owner. · The violation is attached to the property, not the owner. · The penalty if full disclosure is not made in writing is very serious. It is fraud and Civil Court action may be initiated. III. Conduct of Hearings A. Language · It is the responsibility of non-English speaking residents to bring an interpreter or translator to the Hearing · The County does not provide translators B, County's Presentation · "Due Process" is the right of a citizen to be present and to defend his/herself against charges · Representation by attorney is not required · Special Magistrate does not interpret Constitutional law · Special Magistrate Hearings are conducted in the BCC Chambers in the Collier County Government Complex · Hearings may be at held at the Community Development and Environmental Services Building on Horseshoe Drive ifBCC Chambers are not available · Parliamentary procedure is followed - not court-room procedures ("Rules of Evidence") · Hearsay is permitted · Relaxed environment but order is maintained at all times - disruption is not allowed 3 January 31, 2008 · The "Burden of Proof' is responsibility of County - operating rule is "Preponderance of Evidence", not "beyond a reasonable doubt" · The Special Magistrate's goal is to understand the position of both sides · The County's representative, i.e., Code Enforcement Investigator, Deputy Sheriff, DAS Officer or Public Utilities Investigator, will present the findings together with supporting documentation · Initial Order is verbal- the written Order is mailed to Respondent within ten days after the Hearing. C. Respondent's Presentation · Appearance is not necessary - may enter into a Stipulation and agree to pay fine · Individual's time to present their documentation · Reasonable amount of time is allowed to present case · May bring a witness to testify on behalf of Respondent IV, Penalties for Ordinance Violation · Fines accrue on a daily basis - can be quite expensive very quickly · Range of fines based upon Ordinance and type of violation · All property, both real and personal, is subject to lien and may be "attached" · County can foreclose and take property to satisfy the lien if payment is not made · Only exemption is "Homestead" (personal residence) V. Motions for Rehearing and Appeals · A Motion for Rehearing may be made if Special Magistrate makes an error of law, or if the finding ("ruling") is not supported by the evidence · Respondent cannot request a Rehearing simply because he/she didn't like the decision made · Motion must be filed within iO days of the written Order · An Appeal must be filed within 30 days of the written Order · Appeals are heard by the Circuit Court of Collier County · It is not a new trial but a review of the findings ("decision") previously made VI, Methods of Notice A. Notice of Violation · Served by the County's representative · If applicable, given a specific time to correct the violation · If violation still exists beyond deadline, a Notice of Hearing B. Notice of Hearing · Written document which specifies the day and time of Hearing · May request a Continuance (in writing, 5 days prior to Hearing) for a good reason (i.e., medical treatment, business trip, planned vacation) · Personal Service is not required 4 January 31,2008 · May be served by a Sheri ff (rare) · May be served by a Code Enforcement Investigator · May be served via Certified Mail · Property may be posted - Affidavit of Service · Posting at the Courthouse · Usually served ten days in advance of Hearing date VII. Civil Citations A. Civil Infraction Penalties · Found on Citation - specific information in writing · Consistent forms are used · $500 cap on penalty for civil · County has set schedule of fees B, Options upon Issuance of Citation · Pay the fine as directed · Contest and request a Hearing · Will be notified when Hearing is scheduled · If individual refuses to sign, it becomes a 2nd Degree Misdemeanor and is handled in the Criminal Court system VIII. Training for Code Enforcement Officers Job responsibilities: · Learn the applicable law · Learn how to deal with public and when to ask for assistance · Learn how to take sworn statements · Learn to differentiate between a Citation and a Notice to Appear · When and how to issue the Notice to Appear or Citation, i.e., types of service · How to use warnings · Learn how to present a case at Hearing · How to maintain files and keep accurate records Question from Public: Q. What recourse does the County have against Absentee Owners who are in violation but do nothing about it? The County can foreclose on property even if the owner resides out of state, and the property can be sold on the Courthouse steps through the County Attorney's Office. That is the most severe consequence. The owner is responsible for maintaining the property in accordance with County Codes and Ordinances. Due process will be followed, but the property will be sold unless all violations are abated. 5 January 31, 2008 BREAK: 10:35 AM RECONVENE: 11:00 AM The Special Magistrate explained the actual Hearing Instructions that she would present at the beginning of the Special Magistrate Hearings. The Instructions are in the process of being translated into both Spanish and Creole. IX. Mock Code Enforcement Hearings: A. Actors (1) Code Enforcement Investigators and Supervisors (2) Volunteers from audience B. Conduct Hearings Members of the public, as well as Code Enforcement Officers, participated in mock trials of various Code Enforcement scenarios which were based on actual cases. There being no further business for the good of the County, the Public Forum was adjourned by Order of the Special Magistrate at 12:30 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Special Magistrate, Brenda Garretson These Minutes were approved by the Special Magistrate on as presented , or as amended 6