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CEB Minutes 02/26/2009 W February 26, 2009 MINUTES OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD WORKSHOP Naples, Florida, February 26, 2009 LET IT BE REMEMBERED that the Collier County Code Enforcement Board, having conducted business herein, met in a WORKSHOP SESSION on this date at 11:45 AM in the Administration Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida, with the following members present: CHAIRMAN: Vice Chairman: Edward L. Larsen Kenneth Kelly Larry Dean James Lavinski Gerald J. Lefebvre Lionel L'Esperance Robert Kaufman SPECIAL MAGISTRATE: Brenda Garretson ALSO PRESENT: Marjorie Student-Stirling, Assistant County Attorney Diane Flagg, Director, Code Enforcement David Scribner, Code Enforcement Investigations Manager Susanna Capasso, Code Enforcement Investigative Supervisor Jeff Letourneau, Code Enforcement Investigative Supervisor Cristina Perez, Code Enforcement Investigative Supervisor Kitchell Snow, Code Enforcement Investigative Supervisor Jennifer Waldron, Code Enforcement Specialist Jean Rawson, Counsel for the CEB CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA FOR WORKSHOP Date: February 26, 2009, immediately following CEB Hearing. Location: Collier County Complex, Administration Bldg. F; 3301 Tamiami Trail E., FL 34104. I. ROLL CALL 2. APPROVAL OF AGENDA 3. AGENDA ITEMS a. Review Rules & Regulations b. Miscellaneous Issues open for Discussion 4. COMMENTS 5. NEXT MEETING DATE (CEB HEARING)- March 27,2009 6. ADJOURN February 26, 2009 Chairman Larsen called the Workshop to order at II :48 AM. Chairman Larsen asked Jean Rawson, Attorney to the Code Enforcement Board, if Members were allowed to make motions and vote during a Workshop. CEB Attorney Rawson stated instead of a motion, the Committee can come to a consensus concerning items to be voted on during regular CBB meetings, such as changes to an agenda or CEB Rules and Regulations. Chairman Larsen stated Diane Flagg, Director, Code Enforcement Department, will give a short presentation on the status of the blight issue. The Rules and Regulation were reviewed first. 1. ROLL CALL Roll call was taken and a quorum was established. Ms. Waldron noted the information packet provided to the Members did not contain a complete set of "Special Magistrate Rules and Regulations" (pages 2, 4, 6 and 8 were omitted), but no changes were anticipated. 2. APPROY AL OF ADGENDA (No motion) 3. AGENDA ITEMS a. Review Rules & Regulations Chairman Larsen did not have any changes to the Rules and Regulations for the Code Enforcement Board. Larry Dean suggested a change to Article X, "Reduction or Abatement of Fines Prior to Imposition of Fine," on Page 8, as follows: . The first sentence under "Section I" stated "A Motion for Reduction of Abatcment of Fines shall be in the form ofa written request." He stated that oral requests are often made and granted, and suggested the revising the language. Ms. Waldron stated it was up to the CEB's discretion as to whether an oral request would be heard. CEB Attorney Rawson suggested changing the word "shall" to "may." She stated all changes will be voted upon during the CEB's meeting in March, 2009. Mr. Dean also suggested a change to Article IX, "Hearings," on Page 7, under paragraph "0," as follows: . The second to last sentence stated "In addition, the Respondent/violator may be ordered to pay any Operation and/or Prosecution Costs incurred." He stated Operational Costs are required to be paid and suggested changing the word "may" to '"shall," No exceptions are allowed concerning the payment of Operational Costs. 2 February 26, 2009 Special Magistrate Garretson noted, in the Special Magistrate's Court, the practice has been to require submission of written Motions (formerly referred to as "Requests") for Abatement or Reduction of Fines. She stated an Investigator will inform her whether or not a Respondent is in compliance and will produce a written Affidavit of Compliance or Non-Compliance for her consideration. Shc further stated there are exceptions. and flexibility is allowed, but Operational Costs are always assessed. Special Magistrate Garretson stated the Code Enforcement Department receives calls from Respondents and each caller is informed of the requirement for a written Motion. Mr. Lefebvre stated Respondents are required to appear at CEB Hearings and it would be "unfortunate and/or inconvenient" to require an appearance at a second Hearing to produce a written Motion. Ms. Waldron stated ifshe is contacted by a Respondent in advance of the Hearing, they are asked to forward the written Motion to her. Mr. Dean also suggested a change to Article IX, "Hearings," on Page 6, under paragraph "h," as follows: . The sentence "All persons testifying before the Board shall do so under oath" is not correct since Attorneys are not required to be sworn. CEB Attorney Rawson explained that, although attorneys are Officers ofthe Court, they are sworn in when representing a client at a CEB Hearing especially if the client is not present at the Hearing. Yice Chairman Kelly noted "Motions for Impositions of Fines and Liens" appeared in two places on the CEB Agenda and suggestcd the following changes: . Add "D" under Item 4 of the Agenda . "Motions for Impositions of Fines/Liens" will be moved from "Item 7" to "D" . Add "E" under Item 4 of the Agenda . "Motions for Reduction or Abatement of Fines" will also be moved to "E" He further stated the Rules and Regulations also nced to be changed. Special Magistrate Garretson refcrred the Members to Article VI, "Order of Business," on Page 3. Mr. Kaufman noted the CEB's costs differ from the costs imposed by the Special Magistrate. He asked if the CEB's costs were reviewed/adjusted on a yearly basis and what were the components of the costs. Ms. Waldron stated there were different components for each Hearing. The Special Magistrate costs include a charge for the Special Magistrate's time. The CEB does not charge for staffs time, but does charge for copying, mailing, and recording fees. It was noted there was a Court case in Sarasota concerning recovery of costs, and Court ruled government should not charge for doing business since taxpayers were already paying for government to function - only "real" costs can be recovered. Chairman Larsen stated there were a number of Rules on Page 6 that were not applied to every case. He suggested changing the last sentence in the first paragraph, specifically changing the word "will" to "may." The change will allow the CEB some flexibility or discretion. 3 '__~~~_"__""'__'_'~__""_'_'_.'_"____~_'~'____'''_"'---..-'..".'.>----.,~,,~~-~-----.------..--.--.--.....- "'-'-'1 February 26,2009 The suggested changes will be distributed at the March meeting for review, approval and signature. Special Magistrate Garretson stated she will review the Rules and Regulations applicable to the Special Magistrate to see if the same changes should be made. (Special Magistrate Garretson left at 12: 16 PM.) 4. COMMENTS Blight Prevention Program - Diane Flagg, Director, Code Enforcement The Program was developed by Code Enforcement after conferences with Bank representatives throughout the country to ascertain the needs of the Banking Industry. Blight became a severe problem due to numerous suits between banks and Government (Counties and cities) which resulted in properties remaining vacant and becoming rundown. The Program went into effect in November, 200S. . 5 Community Task Form Teams were formed with membership from the Sheriffs Office, Domestic Animal Services, Code Bnforcement, representatives from various Civic Associations and Homeowners' Associations . Meetings are open to the public and information concerning dates/times is available on the County's website . Meetings provide a forum for agencies to discuss issues regarding foreclosed properties with community members The investigative process: . Properties are identified and inspected for potential Code violations o If violations are found, the case is forwarded to the Foreclosure Team . A Foreclosure Investigator notifies a Bank, via email, of a property's condition, cites the violations and the required steps to abate o Banks requested a single point of contact to facilitate communication . If compliance does not occur, or if the County abates the violation, a lien will be placed against the property preventing a sale . Compliance time frames average between 24 to 72 hours . Cooperation with Banks has been successful - not one Bank has refused to comply . An affidavit of compliance is forwarded to the Bank allowing payment to be made to a Contractor "Community Caretaking List: " . After compliance, a vacant property is placed on a "Community Caretaking List" . The Community Task Force is sent a copy of the List on a monthly basis . Properties are watched to assure they remain in good condition . The Task Force may add properties to the List . The Code Enforcement website allows an individual to anonymously file a complaint and/or check the status of a property 4 February 26, 2009 Ms. Flagg stated community response has been positive. Approximately 300 properties are part of the Program. The Code Enforcement Staff is completely involved in the Program. Discussion ensued concerning Code Enforcement's ability to maintain participation in the Program without stretching its resources and taxing its Investigators. Ms. Flagg stated, in order to continue the current level of efficiency and effectiveness, additional Investigators will be needed. The goal is to be unable to distinguish an occupied home from a vacant property in a neighborhood. She also stated the CBB' s ability to place a lien on a foreclosed property allows the Department to immediately notify a Bank which begins the abatement process. Properties are removed from the "market" until all violations have been abated and only placed back for sale. Buyers are protected from purchasing defective properties that will be expensive to repalf. Code Enforcement will alert the County's Housing & Human Services Department and Real Estate Services of the status of properties under consideration for purchase through the Neighborhood Stabilization Program ("NSP") Grant. Yice Chairman Kelly noted H&HS' program (County purchasing properties for rehab and resale), created prior to the inception of the NSP, was the model utilized by the Federal government as the basis for the NSP. S. NEXT MEEETING DATE (CEB HEARING) - March 27, 2009 There being no further business for the good of the County, the Workshop concluded by order of the Chair at 12:40 PM. COLLIER COUNTY CODE ENFORCEMENT BOARD Edward L. Larsen, Chairman The Minutes were approved by the Board/Committee on as presented , or as amended 5