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HomeMy WebLinkAbout2002 06 11 Code Enforcement Board Workshop Minutes CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD WORKSHOP JUNE 11, 2002 I. CALL TO ORDER Vice Chairperson Lurene Lyzen called the Workshop to order at 7:02 p.m. on Tuesday June 11, 2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Joanne Krebs, absent Vice Chairperson Lurene Lyzen, present Board Member Ken Furth, present Board Member James B. Pitts, absent Board Member Greg Roero, present Board Member Greg Thompson, absent Board Member Mervin Warner, present The Pledge of Allegiance followed. II. AGENDA A. Discussion With Code Enforcement Division Manager Ms. Jimette Cook and The City Attorney's Office. Ms. Jimette Cook, Code Enforcement Manager, Code Enforcement Division, Community Development Department introduced Attorney Jeff P. Buak, Brown, Ward, Salzman & Weiss, P.A. Attorney Jeff Buak, Brown, Ward, Salzman & Weiss, P.A. 225 East Robinson Street, Suite 660, Orlando, Florida: explained that there have been "No substantial changes in the last year of Chapter 162." The topics that were discussed were the intent of Chapter 162; it's applicability; enforcement procedure; conduct of hearing; powers of the Board; and fines, costs of repair, and Liens. Regarding fines, Attorney Buak explained that to determine fines the Board must consider the following factors: gravity of violation; actions taken to correct the violation; and previous violations. Next discussed were the differences between the Winter Springs Code of Ordinances and Florida Statute's Chapter 162. Referring to satisfaction or release of Code Enforcement Liens Attorney Buak said the Board shall consider the following factors in rendering its recommendation: gravity of violation; time in which it took to come into compliance; current amount of accrued fine; previous or subsequent code violations; and financial hardship. Attorney Buak stated, "You don't necessarily have to have affirmative or negative finding in all those but you need to at least consider them." CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD WORKSHOP - JUNE 1 I. 2002 PAGE 2 OF 3 Further discussion. The next item reviewed and discussed by the Board, Attorney Buak and Ms. Cook were the proposed "Finding of Facts" and "Relief Orders." Attorney Buak explained that "These forms aren't as rigid as they may seem to be. These are just designed to - make sure we get the highlights in your Motion and if you call her an Inspector this time or Code Officer next time its not going to make a difference in defending or supporting your position. " Attorney Buak was asked if a Relief Order was issued giving the violator four (4) days to move a car and on the fifth day the car isn't moved, when does the Clerk of the Code Enforcement Board record the certified copy of the Order. The reply was on the fifth day. Attorney Buak agreed to research whether the Code Enforcement Board is permitted to dismiss a case because of the City's right to appeal. Attorney Buak said, "You will probably get some final forms here in the next week or two which will probably have that change." Further stated by Attorney Buak was, "I'll probably change it so it says 'And therefore I further move that the property be found in Compliance with the City Code.'" Brief discussion. Attorney Buak reviewed "What is a Quasi-Judicial Board" and "Conduct of a Quasi- Judicial Board". Tape I/Side 2 Next, Attorney Buak said, "You can talk to somebody who calls you but if you do please put it on the record that you talked to the individual and what you talked about, then there is at least no question that the Board didn't consider evidence that wasn't before them." The Board was reminded "That while you could talk to interested parties or violators - you can't talk to each other outside the Meeting Hall about any foreseeable business that would come before this Board." Attorney Buak continued speaking about using personal experience; site visits being discouraged; that Board Members must vote unless a conflict of interest exists; financial disclosure and the penalties involved; procedural requirements; and the Sunshine Law. Discussion. Chairperson Lyzen thanked Mr. Buak and Ms. Cook for the informative Workshop and for their time. III. ADJOURNMENT Vice Chairperson Lyzen adjourned the Workshop at 8:14 p.m. RESPECTFULLY SUBMITTED: ~~ DEBBIE GILLESPIE DEPUTY CITY CLERK S:\dept - City CIerk\BOARDS\CODEENFO\ALLL\MINUTES\2002\061102 WORKSHOP.doc CITY OF WINTER SPRINGS MfNUTES CODE ENFORCEMENT BOARD WORKSHOP - JUNE 11,2002 PAGE30F3