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CEB_09-20-93_MinThe code Enforcement Board held a Special Meeting on September 20, 1993 at 6 :00 P.M. Present: Ernest Tolos, Chairman Dana Addison Warren Bull Butch Bundy George Valkenburg (arrived 6:17 p.m.) Daniel Mantzaris, CEB Attorney Martha Tyler (Secretary Pro Tem) 1. The meeting was called to order at 6 :05 P.M. 2. The Secretary called the roll. All members were present with the exception of Ms. Dennis and Ms. Latoski. Chairman Tolos asked if approval of the minutes from the last Code Enforcement meeting should have been listed on the agenda and Mr. Mantzaris said they could have been, however they didn't necessarily have to be, since this is a Special Meeting. He said they will be put on the next regular Code Enforcement Board agenda. 3. RULES AND REGULATIONS: Chairman Tolos recommended moving this up on the agenda to allow Mr. Valkenburg time to arrive before discussing Item 4, RULES AND REGULATIONS. There was no opposition to his suggestion. 4. ADDITIONAL DISCUSSION: Chairman Tolos said he had attended an informative seminar last year on Codes Enforcement Orientation and he recommended that all the members attend, if possible. Chairman Tolos said he would contact Marilyn Crotty, who had given the seminar last year, to obtain more information. Mr. Mantzaris stated he thought the members could get a lot of good information through an orientation such as the one Chairman Tolos referred to; he further stated he would be glad to help them by assisting them in ways of moving the meetings along smoothly without delays. Mr. Mantzaris said he also represents the Seminole County Code Enforcement Board and they may be able to combine the two Boards to have the orientation. Chairman Tolos recommended that Dawn Jackson, (Board secretary), contact all the surrounding city and County Code Enforcement Board Chairmen in the area to find out if they would be interested in attending a joint meeting for a seminar and Chairman Tolos will contact Ms. Crotty in the meantime. He would like for Ms. Jackson to compose a letter and have it ready to send out after he contacts Ms. Crotty, 3, RULES AND REGULATIONS: Chairman Tolos received a copy of Orlando's Rules and Regulations which consists of approximately 25 pages. He will make copies and _ send to all members in ease any particular unusual circumstance should come up, since most things are covered in their Rules and Regulations. (A) REVIEW AND DISCUSS: The following proposed changes of the Rules and Regulations were discussed. Art. V, S.3: Notice., b), page 2. The Board unanimously agreed to leave as written. Art. V, S.6: Voting., b), page 2. Add to end of paragraph. " ...IN ACCORDANCE WITH SECTION 112.3143 AND SECTION 286.012, _ FLORIDA STATUTES., 'as amended'." The Board unanimously agreed to the above addition. Art. V, S.7: Records., page 2. Add: and Meetings after the word Records. Add to end of sentence: " ...IN ACCORDANCE WITH THE PROVISIONS OF CH, 119 AND CH, 286, FLORIDA STATUTES., 'as Ama"HOH ' The Board unanimously agreed to the changes. Art. VI, order of Business., page 3. Add new number 8 to read: "next meeting date ". Change 8 to "9 ". Two members 02POsed, one agreed to the change, and it was immaterial to the other member. The final decision was that there will be no change made. Add between the words 'by' and 'vote' and delete ' a ' : "an affirmative ". The Board unanimously agreed to the change. Art . VII, Initiations of Actions Before the Board., S.2., page 3. Add after " ... Secretary of the Board ' designee ' and add to the end of sentence: 'and shall schedule the case for a hearing to be held at a subsequent meeting of the Board'." The Board unanimously a reed to the chap e. Art, VII, Initiations of Actions Before the Board., S . 3 . ■ page 3 _ 3. First sentence, add after "...as provided by ordinance ". Add 'or designee after Secretary of the Board each time it is used. The Secretary of the Board 'or designee' shall s end out a Notice of Hearing, with Statement of Violation attached, to the respondent by certified mail, return receipt requested, or by personal service as provided by ordinance. The Secretary of the Board 'or designee' shall whenever possible, and unless the Code Inspector has reason to believe that a violation presents a serious threat to the public health, safety or welfare, provide respondent with a minimum of ten (lo) days prior notice of a hearing at which the respondent's case will be presented to the Board. A copy of said notice shall be sent to the Attorney for the Board, the Department Head of the Code Inspector involved, the Code Inspector involved,, and the City Attorney. After last sentence of Art. VII, S.3., add new paragraph. ... If notice cannot be approved by the above means the Secreta of the Board 'or designee' may notify the respondent with a notice of action published once each week for four _ consecutive weeks, The Board unanimously agreed to the chap e. Art. VII, S.4., page 3. First sentence, add after: ',..the Code Inspector...', "the Code Enforcement officer" and any time thereafter 'the Code Inspector' is used in the Rules and Regulations it will be replaced with ' Code Enforcement Officer'. They also agreed that only the Secretary ( not 'or designee') has the power to issue subpoenas at the request of the Code Enforcement officer and the Chairman or Vice Chairman should sign off on the subpoenas. The Board unanimously agreed to the chap e. Art. VIII, Hearings., S.1: Add new (a): "All Witnesses to all cases before the Board steal l be sworn in after f i l l inq out an appearan form which shall be retained by the Secretary to verify witnesses as they stand to tes tify. Those arrivinq late will be sworn in as then stand to tes ti f Old "a►' is changed to "b►' Old "b'► is changed to "c" Old "c" is deleted Old ►'d" remains the same - 4 - Old ( e ) remains the same with an additional sentence added to read: "The Board may order the respondent to reappear and /or continue the hearing to a future meeting," Old (f) remains the same Old (g) remains the same Old (h) remains the same. Old (i) changed to "j" New (i) Changed to read: "The order may include a notice that it must be com2l i ed with by a specified date and that a fine may be imposed if the order is not complied with bysaid . date", The _Board unanimously agreed to the changes. old Art. IX will not be changed. Old Art. X will not be changed except Sec. 1: Delete the word " altered" a f ter , " ... may be. !' and add the word "amended" a f ter, "...may be... ". The Board unanimously agreed to the two changes. Art. X. S.1: page 4. Changed to read: "...These Rules and Regulations ma be amended in a manner not inconsistent with City code of ordinances and Florida Statutes during a regular or special meeting by the affirmative vote of at least f our ( 4 ) members of the Board Art XI., Miscellaneous., S.3. The Board unanimously agreed to leave as written. The Board members discussed whether the Rules and Regulations would be automatically adopted each year and Mr. Mantzaris said they were. Mr. Mantzaris said there are certain things in the Florida Statutes that allow the Board more power than the City's ordinance. He suggested that the department that handles the administration of the codes prepare an amendment to the ordinance. The Florida Statutes allows you to propose a maximum fine of $250.00 per day on a first time violation and would allow the City, on a repeat violation, to increase the fine to $500.00 per day. Mr. Mantzaris said the way the ordinance is written now it only allows a $250.00 maximum. The Board can authorize the city Attorney to foreclose on a lien that has been imposed after three months under the Florida - 5 - Statues, however under the present ordinance they have to wait six months. Mr. Mantzaris further stated the lien duration under the Florida Statutes is twenty years to start foreclosure proceedings, whereby under the present ordinance it only allows two years and if it is not done within the two years the lien would be lost. He stated two years is not very long and would mean that the City would need to keep close track of the liens. The Florida Statutes allows you to require a lien on any real property or personal property which is very effective especially when the respondent is a tenant. Mr. Mantzaris said under the present ordinance the City is only allowed to attach personal property if the individual does not own the real property, however Ms. Addison said she thought that was changed recently. Mr. Mantzaris said he will write a letter to Becky Vase, City Attorney, for her consideration and she can let him know what changes have been made. Motion by Mr. Valkenburg, seconded by Mr. Bull to have Mr. Mantzaris write a letter to Becky Vose recommending all the proposed changes. Motion passed unanimously. Mr. Mantzaris said the way the orders are issued at the present time is that a certified copy of the order should automatically be recorded which establishes that it is a lien, but at the last meeting it was discovered that it wasn't being done. The Board decided that the portion about the foreclosure action would be removed, but that a certified copy of the order would automatically be done. Mr. valkenburg suggested having the Board secretary make a report on what is going on with previous cases, report on all cases that have liens on them, advising the Board if they are accruing interest and , if so, f or how long, and what the status is on them. Ms. Addison asked if the Rules and Regulations would be adopted at the next regular meeting. Mr. Mantzaris said they are adopted as of tonight at the Special Meeting. He stated Ms. Jackson will make the changes and give to Chairman Tolos to sign with a notation at the bottom stating "Adopted at Special Meeting, September 20, 1993'. Mr. Mantzaris suggested that the following be included on the agenda for the October meeting: organization Meeting of the Board, Rules and Regulations will be reviewed briefly and Election of Officers held. Mr. Mantzaris asked that each Board member be furnished a copy of the PROCEDURES FOR MOTIONS. The members present discussed absenteeism and what constitutes a legitimate excuse for being absent from a scheduled CEB meeting. Motion by Mr. Bull, seconded by Mr. Valkenburg, that Ms. Jackson send a copy to each Board member the paragraph from the Florida - 6 Statutes {162,05, 3(e )} with the portion highlighted that states the Chairman should be contacted if he/she cannot attend a meeting and if he/she cannot be located the Vice chairman should be contacted instead of the Board secretary. Motion carried unanimously. Motion by Mr. Bull, seconded by Mr. Valkenburg, to adjourn. Motion carried unanimously. Meeting adjourned. at 8:35 p.m. Respectfully submitted, Martha Tyler Secretary Pro Tem CEBMTG.MT 9/20/93