Loading...
HomeMy WebLinkAbout2015 05 26 Consent 201 Unapproved Minutes from the April 28, 2015 Workshop CITY OF WINTER SPRINGS, FLORIDA r MINUTES CODE ENFORCEMENT BOARD WORKSHOP APRIL 28, 2015 getil CALL TO ORDER The Workshop of Tuesday, April 28, 2015 of the Code Enforcement Board was called to Order by Chairperson Hugh Fisher at 7:00 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Hugh Fisher, present Vice-Chairperson Gregg Roero, present Board Member Laurie Bates Calhoun, present Board Member Matthew Criswell, present Board Member Carole Giltz, present Board Member Maurice Kaprow, present Board Member Bill Poe,present Senior Attorney Kim Kopp,present Assistant to the City Clerk Sean Beaudet, present PUBLIC INPUT Chairperson Fisher opened "Public Input". No one addressed the Code Enforcement Board. Chairperson Fisher closed "Public Input". Chairperson Fisher mentioned this Workshop was being held to address some issues that had recently come before the Code Enforcement Board that may require some additional information from City Staff and the Office of the City Attorney. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD WORKSHOP—APRIL 28,2015 _'� l PAGE 2 OF 4 REGULAR AGENDA REGULAR 700. Office of the City Attorney istill The City Attorney Requests To Review With The Code Enforcement Board The Application Process For Satisfaction Of Code Enforcement Liens. Senior Attorney Kim Kopp briefly covered the City's Code of Ordinances Section 2-61.5 and the process which allows Applicants to request a reduction or satisfaction of a Code Enforcement Board Lien. In addition, Senior Attorney Kopp said, "There are factors in the Code that you are to consider. Do you want me to go through those?" Chairperson Fisher replied, "Yes. I think that's where we really need to concentrate." In turn, Senior Attorney Kopp mentioned that, "Even though there is a list of factors, it then says any other mitigating circumstance." Senior Attorney Kopp explained that the Code Enforcement Board should consider the Applicant's testimony if present, the gravity of the Violation, the time it took for the Applicant to bring the Violation into Compliance, the entire monetary value of the Lien, any previous or subsequent Code Violations on the property, any financial hardships faced by the Applicant, and any other mitigating factors. Next, Chairperson Fisher inquired as to how Staff determines the reduced amount or percentage of a Lien. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department briefly covered the flow of the internal procedures in handling the Lien Reduction requests; and also explained that requests were previously placed into three (3) categories: 1. If the Applicant was the original Violator, then Staff would not suggest a reduction; 2. If the Applicant was not the original Violator and they were going to homestead the property, then Staff would suggest a Partial Release of Lien and "equal to the City's costs". 3. If the Applicant was not the original Violator and the property was going to be an investment, Staff would suggest a reduction to ten percent (10%) of the total Lien amount. Senior Attorney Kopp added that the categories are not in the City Code, however they are "guidelines" in order to give Staff some guidance in determining recommendations given to the Code Enforcement Board and ultimately the City Commission. However, the Code Enforcement Board can offer a completely different recommendation to the City Commission after considering the previously mentioned factors. Mr. Stevenson also noted that Staff does consider Cases on an individual basis, given the circumstances. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD �+..�..r�, WORKSHOP-APRIL 28,2015 i�l���� PAGE 3 OF 4 p+i Discussion ensued on the categories being used as a means to simplify the process, that a C whole multitude of factors come into play when evaluating the requests for reduction or satisfaction, and that the purpose of the Code Enforcement process is to gain and maintain compliance of properties in the City. Mr. Stevenson then clarified that the most recent direction given by the City Commission was for Staff to bring the requests forward when there is a buyer who is interested in homesteading the property. Chairperson Fisher asked what happens to the remaining amount owed on the Violation if a Partial Release of Lien is granted. Mr. Stevenson replied that the remaining amount, "Remains as a Lien on the original Violator against any personal or real property owned within Seminole County." Senior Attorney concurred and added that sometimes a complete Release of Lien may also be issued. Much discussion followed. REGULAR 701. Office of the City Attorney Question And Answer Session With City Attorney Regarding Code Enforcement Board Powers Related To Issuance Of Board Subpoenas. Senior Attorney Kopp presented the Agenda Item and said, "You, as a Code Enforcement Board, have the authority under Florida Statutes Chapter 162, to issue subpoenas to summon witnesses or evidence to your meetings." Further comments. In addition, Senior Attorney Kopp noted, "The Statute requires that to serve a subpoena, it has to come from the City's Police Department or from the Sherriff of the County where the property is", and referenced a recently issued subpoena. Next, Senior Attorney Kopp mentioned, "We can send them a Certified Mailing of a subpoena and if we want to enforce it in Court, we are going to have to serve it properly and pay the Fees if it is out of the City. Of course, if it is in the City, the Police Department here can serve it. I just wanted to mention that, because if it comes to serving out of City, it would incur additional Fees—which could be included in the Lien. But, I'm not sure if there is a budget issue or any kind of administrative issue that we might have to deal with." Chairperson Fisher mentioned dealing with the banks that own the properties, the often lack of communication, and thought it was best to issue subpoenas as a last resort. Board Member Maurice Kaprow commented that it can difficult to determine if a bank will correct the Violation(s), appropriate times to issue a subpoena, and that a representative from a bank would need to appear before the Code Enforcement Board. CITY OF WINTER SPRINGS,FLORIDA MINUTES CODE ENFORCEMENT BOARD r__ WORKSHOP—APRIL 28,2015 PAGE 4 OF 4 iiiii Senior Attorney Kopp said she had completed some research and added, "It doesn't appear that many municipalities are regularly issuing subpoenas — at the end of the day, whether it is worth it will probably be on a case by case basis and depending on the facts." emez Board Member Matthew Criswell also noted the severity of a Violation could determine " if a subpoena was warranted. Discussion. Next, Captain Deisler briefly covered the original intent of a subpoena and his experience throughout the years, and explained, "The subpoena powers were given to you, as a Board, and to any other Boards for that matter, for the purposes of compelling a resident, a witness, a neighbor — someone who knows about a Case with material facts who just simply refuses to come forward—to tell what they know. It has now evolved into a set of circumstances that we are having to talk about now on whether or not it will compel an uninterested bank to show up. My opinion is it won't." Further comments followed. Lastly, Captain Deisler stated, "We will continue to pursue the desires of the Board to make sure Code Compliances are maintained to the best ability we can. I am going to do that without a subpoena." Tape 1/Side B After further discussion, Board Member Criswell mentioned that the name of the Respondents does not need to be included in the Motions. PUBLIC INPUT Chairperson Fisher opened "Public Input". No one spoke. Chairperson Fisher closed "Public Input". ADJOURNMENT Chairperson Fisher adjourned the Workshop at 7:55 p.m. RESPECTFULLY SUBMITTED: SEAN BEAUDET ASSISTANT TO THE CITY CLERK NOTE: These Minutes were Approved at the ,2015 Code Enforcement Board Regular Meeting.