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CEB_09-09-97_MinCODE ENFORCEMENT BOARD SPECIAL MEETING September 9, 1997 The Code Enforcement Board of the City of Longwood, Florida met on September 9, 1997 for the purpose of reviewing the Rules and Regulations. The meeting convened at 7:30 P.M. Present: Butch Bundy, Chairman Ernest Tolos George Valkenburg Lynette Dennis Dana Addison Staff: Amy Goodblatt, Board Attorney Richard Taylor, City Attorney Lt. Yelvington, Cmdr., Dept. of Public Safety Carl Goshne, City Planner Cathy Price, Code Enforcement Officer Ms. Goodblatt conducted the meeting. She proceeded to advise the Board of the changes in the required paperwork that she had made to bring the notices current to the requirements of the Land Development Code. She said that one of the changes in the procedure was that once the paperwork for the hearing is issued no more communication is allowed between violators and staff. Mandatory appearance is now required. She also told of the changes in the Notice of Hearing form which now requires more information than the previous Notices. She said that this information will be beneficial in formulating the motions as the facts and proposed remedies are now included in the initial paperwork. She said that there was also a change in the Final Order in that there is a provision for the dates for initial notification and date of compliance which must now be within 30 days. In addition, the Notice of Hearing must be issued fourteen days prior to the hearing unless there is an emergency. It is also required to give copies of repeat violation orders to the City Commission. There is also motion information in the order requesting the citation sytem for problem cases. The citation motion can also be included along with the regular motion in specific cases or could possibly be used as an attachment in every case. She then went on to advise that she had done some research involving what constitutes irreversible /irreparable harm for the purpose of utilizing the citation system. She said that a recent court case defines it as "uncorrectable" while another defines it as "immediate danger to public safety". There was much discussion as to define or not define. The City Attorney said that he had no problem going back to the City Commission and explaining the problem caused by the wording of the current citation system information, requesting whether the finished product was really what they intended. Mr. Gosline said that the Circuit Court's intention was to utilize citations when the normal process failed to bring the violation to closure.He added that everyone utilizing the system uses it for egregious systems, not for the daily issues. He said that the use of the word "citation" brought to mind "ticket" which has caused confusion and sheds a bad light on this system. He said using another name for the system might be beneficial. Ms. Goodblatt advised that the Board can authorize use of the citation system and could utilize a blanket authorization for certain categories of a specific level or below but since the ordinance specifies that "if the Board determines that the process has not achieved adequate or timely compliance from a violator" each case must be dealt with on an individual basis. There was discussion as to whether the Board could override the City Commission's decision on the utilization of the citation system and it was determined that they would work with what the City Commission has approved and go back after a period of time and let them know whether the system was working or what the problems were, if any. Lt. Yelvington then explained his addendum describing an emergency and stating that the citation issues will be dealt with on a case by case basis and the Code Enforcement Board will not need to give approval for emergencies. Mr. Valkenburg made the motion to have Ms. Goodblatt go through the rules and make any changes and Ms. Addison seconded the motion. Approved by unanimous voice vote. The Board then reviewed the memo submitted by Mr. Gosline, dated August 22, 1997. Ms. Goodblatt mentioned that the meeting date for the Code Board needed to be changed from "the 4th Thursday" to the fourth Tuesday. She also suggested deleting the statement that stated "ex parte communication is in effect "and adding "upon issuance of the Notice of Hearing no further contact is allowed ". Other issued discussed were, under the voting section, it is now required that four members vote in favor in order for the motion to pass. The sequence of the agenda was then discussed and it was decided to leave it as written. Ms. Goodblatt then advised the Board that they had to establish criteria for leniency for the purpose of reducing afine that had been imposed. Mr. Valkenburg suggested "extenuating circumstances ". It was decided not to make a decision at that time. Under "Officer Elections and Duties" the question was to elect officers for one year or two year terms. Ms. Dennis suggested two years and Mr. Valkenburg questioned how that would work with the Board term being two years if the elected position went past the duration of the Board term. It was agreed that another officer would be elected if that should happen. Mr. Valkenburg then moved that the Board accept the changes to the Rules and Regulations as outlined by Ms. Goodblatt and Ms. Dennis seconded the motion. Motion passed, 4 -1, with Mr. Tolos voting no. The motion was made to send a letter to the City Commission requesting that the appointment of the two vacant positions be expedited. Motion seconded by Ms. Addison. Motion passed, 4 -1, with Ms. Dennis voting no. Mr. Valkenburg made the motion to adjourn the meeting and Ms. Addison seconded the motion. Meeting was adjourned at 8:33 P.M.