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CEB Minutes 09/25/2008 W September 25, 2008 MINUTES OF THE WORKSHOP OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, September 25, 2008 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 10:30 A.M. in WORKSHOP SESSION at the Collier County Community Development and Services Conference Room #610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: George Lefebvre VICE CHAIRMAN: Robert Kaufman Lionel L , Esperance Edward Larsen Richard Kraenbring (Excused) George Ponte Larry Dean Kenneth Kelly ALSO PRESENT: Diane Flagg, Director, Code Enforcement Jean Rawson, Attorney for CEB Marjorie Student-Stirling, Assist. County Attorney David Scribner, Manager of Investigations-Code J en Waldron, Code Enforcement Supervisor Susana Capasso, Code Enforcement Supervisor Jeff Letourneau, Code Enforcement Supervisor Kitchell Snow, Code Enforcement Supervisor Marlene Serrano, Operations Manager-Code Patty Petrulli, Code Enforcement Supervisor Marlene Stewart, OSM Staff Liaison (CE) 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA FOR WORKSHOP Date: September 25th, 2008, immediately following CEB Hearing. Location: Community Development Services, 2800 North Horseshoe Drive, Naples, FI 34104. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. AGENDA ITEMS a. Consent Agenda Items b. Stipulations c. Old Cases (why does it take so long to go to hearing?) d. Codes Found Unconstitutional e. Standard Formats for Investigator Presentation f. Property Owner Protection (violation goes with the property) g. Financial Hardship h. CEB Agendas (how do we reduce confusion with last minute changes) 1. Overview of How Code Enforcement Operates J. How Does an Investigator Select a Violation During a Routine Drive By k. Possible Amendment to the Ordinance Where Issues Prior to Implementation of CD-Plus are Exempt From Prosecution Due to Records and Information Not Available I. Rules and Regulation Review m. When to Excuse Yourself n. Sunshine Law o. Option for the Code Enforcement Board to Adopt Fine and Timeframes Guidelines 4. COMMENTS 5. NEXT MEETING DATE (CEB HEARING)- October 31st, 2008 6. ADJOURN September 25,2008 1. Roll Call/Attendance The Workshop convened at 12:40PM. Roll Call was taken and a quorum was established. Diane Flagg, Director of Code Enforcement reviewed the Staff members various responsibilities. 2. Approval of Agenda Item 3.- p. - "emails" was added to the Agenda. It was noted the gathering is a "Workshop" and no approval of the agenda was required. 3. Agenda Items a. Consent Agenda Items Mr. Kelly addressed the issue noting the standard agenda has liens to be heard in two locations, a separate agenda item, ("Motions for imposition of fines/liens") and under the Consent Agenda ("Motions for imposition of fines/liens".) He suggested the Agenda be revised to hear the fines or liens to be levied against a party individually, under one Agenda item. Jean Rawson, Attorney for the CEB noted any item may be removed from the Consent Agenda at the request of a member and that is why it appears twice. When respondents are present their cases are removed from the Consent Agenda as they have an opportunity to address the issue. The Florida Statute allows the right to place the fines and liens under the Consent Agenda. If the respondents are given due notice, no hearing is required to levy the fine or lien. Diane Flagg recommended and the Board agreed, that these items be placed under the agenda item "Motion for Imposition of Fines/Liens"; in the future, if necessary, they may be placed back under the Consent Agenda. b. Stipulations Mr. Ponte addressed the item recommending the signed stipulation agreement incorporate language imposing a penalty for non-compliance by the Respondent. David Scribner expressed concern that it may deter a Respondent from signing a Stipulation agreement in fear of increased fines with non-compliance. The non- compliance could be brought up at a later date at the "hearing level." Discussion ensued regarding the logistics of the Stipulation agreements at Hearing levels (altering Stipulations, altering Stipulations without Respondent's present, etc.) Mr. Kelly noted and Jean Rawson agreed, the Board's rules do not permit the Board to alter Stipulation Agreements. It must be approved or disapproved and then proceed to Hearing if necessary. Chairman Lefebvre noted Staff should be sure to notify Respondent's if a Stipulation Agreement is signed; it is in their best interest to be present and remain at the Hearing until the Board makes a decision on the Agreement. 2 September 25,2008 c. Old Cases (why does it take so long to go to hearing) Mr. Dean addressed the issue and expressed concerns over safety issues. Diane Flagg stated the purpose of the Workshop is to air concerns so they are addressed by Staff in the future. It was noted some cases end up in front of the Board of County Commissioners, etc. and this causes delays. d. Codes Found Unconstitutional Marjorie Student-Stirling, Assistant County Attorney addressed the issue involving a Sign Ordinance legal case, which has been settled, but the details of the settlement are not available yet. She noted one of the issues derived from the case, was Codes cannot have "content based" restrictions, (i.e. "real estate", etc). The regulations must deal with location, size and number of signs. Kitchell Snow clarified that the legal case involving the mobile sign found three parts of the Sign Code Unconstitutional, Signs Exempt, Signs Prohibited and Enforcement. It was not found that the original violation of the Sign Ordinance issued by the County was without merit; rather the technical aspects of the Sign Code Section referenced above were found unconstitutional. Diane Flagg noted portions of the Code that are not unconstitutional are being enforced. Mr. Ponte requested clarification if the Mobile Sign in question seen around Collier County is now legal. It was noted this is a legal operation. e. Standard Formats for Investigator Presentation The form entitled "CEB/SPECIAL MAGISTRATE CASE PRESENTATION GUIDELINES" circulated and is now being used by presenters to help standardize the presentations. It was recommended the "description of violation" should be specific and should reference the related Sections of the Ordinance in question. The copy ofthe Section in question included in the packet should be highlighted for easy reference. Adequate copies of photos and lor a projector to display photos should be available for the Hearing. It was noted for prejudicial reasons; photos are not available until the Hearing. f. Property Owner Protection (violation goes with the property) Margie Student-Stirling noted violations remain with the property. She noted some jurisdictions require a new Certificate of Occupancy be issued before each sale; another option is a private inspector provides a certification upon sale that the property is Code compliant. Patty Petru iii noted she is still researching this issue, some States empower the County Inspectors to provide the service and charge a consistent fee for the work provided. g. Financial Hardship Diane Flagg noted there is a Community Resource Referral Task Team headed up by Susana Capasso and has already had success acquiring a home for an affected individual. It was noted October is Code Enforcement month and other Task Teams are being 3 September 25,2008 developed to address issues including handling cases on a "citizen education basis" as opposed to "issuing violations," etc. h. CEB Agendas (how do we reduce confusion with last minute changes) It was noted Staff has made minor adjustments in this issue (Color coding dividers in packets, etc.) i. Overview of How Code Enforcement Operates Two flow chart handouts were provided ("Collier County Code Enforcement" approved by Diane Flagg dated 9/02/08 and "Code Enforcement Process Overview Flowchart ") which demonstrated how the process works and the applicable parties involved. Jen Waldron, Code Enforcement Supervisor provided an overview of the process. j. How Does an Investigator Select a Violation During a Routine Drive By David Scribner, Manager of Investigations stated cases on the same property are kept separate within the code (vehicle without a tag, building permit violations, etc). The investigator will take photos, talk to the owner, review available County Records if available to surmise if a violation exists k. Possible Amendment to the Ordinance Where Issues Prior to Implementation of CD-Plus are Exempt From Prosecution Due to Records and Information Not Available Kenneth Kelly noted there have been structural additions or other modifications to properties over the course of history, but the County cannot find the records for the particular permits. Members of the Board of County Commissioners have discussed placing an exemption for certain Code Violations previous to 1990. Jen Waldron submitted "Collier County Consolidated Code Enforcement Ordinance, Ordinance No. 2007-44" for review and noted there is a Section in the Ordinance addressing the issue if an action completed before 1997 and did not receive the required permit; the individual is required to comply with the regulations in force at that time, not the current regulations. The process is a "permit by affidavit." I. Rules and Regulation Reviews Jen Waldron stated this item is open for rules discussion. A copy of "Collier County Code Enforcement Board Rules and Regulations" was submitted for review. Jean Rawson noted March is when the changes in the rules occur, and Board members should give consideration to any rule changes at that time. m. When to Excuse Yourself Jean Rawson noted if you have a conflict of interest you are required to fill out the necessary forms and submit them to Staff. She stated the Statute requires "no public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which 4 September 25,2008 he or she is retained, or if he or she knows or should have known it would have inured to any special private gain or loss for any relative or business association." She noted if a member needs advice on a particular item to contact her for a determination. No one on the Committee is required to leave the room if they have a conflict of interest. She cautioned the issues can be grounds for appeals by the parties. n. Sunshine Law It was noted if members have not attended a Sunshine Law Workshop provided by the County, they should attend when available. Jean Rawson reviewed some requirements of the Sunshine Law (Public Board meetings must be open to the public with reasonable notice and minutes taken, etc). It covers (Board members) emails, telephone conversations, written communication, face-to-face conversations, and a use of a third party as a liaison and covers all formal and informal discussions and workshops. She cautioned members not to communicate on any items they may, or have been voted on in the past (cases may return or be under appeal.) Members should not take "field visits" (in absence of a warned hearing.) The Sunshine Law does not apply to Staff members. o. Option for the Code Enforcement to Adopt Fine and Timeframes Guidelines David Scribner stated in an effort to alleviate partiality in cases, Staff would prefer not to recommend penalties (fine amounts, etc.) and numbers of days to comply with violations. He recommended the Board adopt guidelines, or Staff leave out the fine amount and number of days for compliance on the documentation and the Board determine the necessary penalties or remedies. It was determined the Staff will leave this information blank on the documentation and the Board will determine the penalties or remedies. He submitted a document "Guidelines for Fines" for the Board's consideration. p. Emails A discussion ensued regarding whether or not the Board members want individual Collier County Government email accounts. It was determined the current e-mail process is sufficient. 4. Comments Mr. Lesperance suggested the website continue to be updated and made as user friendly as possible. Diane Flagg noted Task Teams have been developed within the Department as well as Task Forces to assist in Code Enforcement activities. 5. Next Meeting Date October 31 5t 2008 5 September 25,2008 There being no further business for the good of the County, the Workshop was adjourned by order of the Chair at 2:35 PM. COLLIER COUNTY CODE ENFORCEMENT BOARD Chairman, Gerard Lefebvre These minutes approved by the Board/Committee on as presented or as amended 6