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CEB_08-12-97_MinThe Code Enforcement Board of the City of Longwood, Florida met on August 12. 1997 for a special meeting to review the new Land Development Code. Tine meeting convened shortly after 7:30 P.M. Present: Butch Bundy, Chairman Ernest Tolos George Valkenburg Lynette Dennis Dana Addison Staff: Amy Goodblatt, CEB Attorney Cathy Price, Code Enforcement Officer John Groendaal, Secretary Pro Tern Lt. Yelvington, Dept.of Public Safety Carl Gosline, City Planner Ms. Goodblatt conducted the meeting after introducing Lt. Yelvington, Supervisor of Inspections, Department of Public Safety and Carl Gosline, the City Planner. She requested input from Lt. Yelvington and Mr. Gosline on subjects that were a concern or of importance to them. Ms. Goodblatt said that she would be reviewing the two sections that would affect the CEB, specifically Article VIII on Administration and Article X (code compliance, i.e., powers of the Board, penalties and the new citation system). She also had some "clean-up" suggestions for the present notices to comply with the recent changes. Mr. Gosline briefed the Board on the history of the LDC which State Statute requires every community to have. A consulting firm that produced the model code for the State was hired by the City to write a draft code but with several changes in City Planners at that time it got behind and this became Mr. Gosline's project when he came on board with the City and his efforts finally culminated in the recently adopted LDC in July 1997. Mr. Gosline advised that one of the City Commission's concerns was the lengthy process of the present Code Enforcement procedure prior to getting cases to the Board. They hoped that the implementation of the citation process could expedite the procedure. Ms. Goodblatt said that the citation system is like a civil infraction which is payable to the Circuit Court in Sanford, the fines going to the City of Longwood and court costs going to the Court House. Ms. Goodblatt explained that the citation system can be used if the Board determines that the regular process has not achieved adequate or timely compliance from a violator. In making the authorization the Board has to make specific findings of fact, the CEO can do so in an emergency. but the Board can ratify, modify or cease CEO's action in this regard. Ms. Goodblatt suggested that a repeat violator would be a prime example of when the citation system would work. She said that a warning must be issued first, establish a reasonable time period of no more than 30 days to comply. This notice is then valid for twelve months. If the violation occurs again within six months, the fine kicks in the second time. No rewarning is required. A court cost of $10 is assessed, along with the fine. The violator must pay the penalty within thirty days at which point he waives his right to contest it, the violator can contest it but in so doing subjects themselves to a higher fine up to $500, the lesser fine being an option only if not contested. Refusal to accept a citation is a 2nd degree misdemeanor. Ms. Goodblatt reiterated that the Board's concern is to determine when the proper time is to use the citation system. Lt. Yelvington spoke at that point and said that his reason for approaching the Board was to get some direction as to how the citation system could be used to the City's advantage. He said that the citation system was originally initiated to streamline Code Enforcement and to give the City another tool but it got watered down and lost the impact that had been hoped for. He said that the hope was to be able to utilize the citation system on a regular basis. He also said that clarification was required as to what the Board would deem to be an emergency situation. He said that there is a lot of power in the citation system but the power was not drafted in such a way that it is gives Code Enforcement the latitude to enforce it when necessary but, rather, the Board's approval is required per incident. He suggested getting the Board's approval in some blanket format that would put the citation issuance at the immediate disposal of Code Enforcement so that it could be used to its fullest potential as often as possible. Mr. Bundy agreed with Lt. Yelvington's request and Mr. Valkenburg requested clarification on his understanding of the citation process as it stands. Lt. Yelvington said that clarification is definitely needed as to what constitutes an emergency situation. Ms. Goodblatt offered tree removal or illegal dumping as prime examples. Mr. Gosline said that he felt it necessary to define the criteria and circumstances in the rules and regulations and said that this could be included in the "cleanup blitz' that he intends to do in November. Lt. Yelvington offered to draft some guidelines and bring it back to the Board and this was agreed on. Ms. Goodblatt went on to explain the other changes that were effected with the adoption of the Land Development Code. She also explained that the present notices would have to be changed to accomodate the changes that were just adopted. It was determined that a special meeting would be called to go over the rules and regulations on September 9, 1997 at 7:30 P.M. Motion made by Mr. Valkenburg and seconded by Ms. Addison. The meeting was then adjourned.