05-06-2013 - Workshop Voting Order
Councilwoman Bennington
Councilman Ignasiak
Councilman Emter
Mayor Thomas
Councilwoman Power
AGENDA
CITY COUNCIL OF EDGEWATER
WORKSHOP
May 6,2013
5:00 P.M.
COUNCIL CHAMBERS
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL
2. PRESENTATIONS
a. Presentation by the Code Enforcement Division regarding the benefits of using a Special
Magistrate.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a
meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is
made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should
contact City Clerk Bonnie Wenzel, 104 N Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the
meeting date. If you are hearing or voice impaired,contact the relay operator at 1-800-955-8771.
AGENDA REQUEST
Date: April 25th, 2013
PUBLIC
HEARING RESOLUTION ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS May 6th, 2013
ITEM DESCRIPTION:
Presentation to the City Council reference the Code Enforcement process for the City of
Edgewater.
BACKGROUND:
Currently the Edgewater Code Enforcement Board is without a board attorney due to the
resignation of the attorney based on possible future conflict of interest. The board is currently
also without a board chair after the resignation of the chair based on the duel office law. With
the current changes in the Code Enforcement Board we wanted to review the current Code
Enforcement process and also review other options available and the benefits of each.
STAFF RECOMMENDATION:
Staff recommends that the City Council provide direction to staff on how to proceed with the
Edgewater Code Enforcement process.
ACTION REQUESTED
Staff requests the Mayor and Council provide direction to staff on how to proceed with the
Edgewater Code Enforcement process.
FINANCIAL IMPACT: (FINANCE DIRECTOR) None
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) None
PREVIOUS AGENDA ITEM: YES NO X
DATE: N/A AGENDA ITEM NO. N/A
Respectfully submitted,
Stepheh Cousins Robin Matusick
Fire-Rescue Chief Paralegal
racey Barlow
City anager
Presentation
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Current Code Enforcement Division summary
Current Code Board Process
Code Enforcement Special Magistrate
Opportunities to increase efficiencies
Code Enforcement Division Summary
• 2 full time enforcement officers
— Provide 7 day a week coverage
• 2 volunteers
— 1 administrative
— 1 enforcement officer
• Supervised by the Fire Marshal
• Code Enforcement Board
— 7 member board
— Authority to levy fines
— No authority to change ordinance
— Can't hear criminal cases
— An attorney is present that represents the board
• 1,372 Cases worked in 2012
• $41,000.00 was collected in citations and fees in 2012
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Types of cases worked by Code
Enforcement Officers
• Land Development Building
— Grass /Weeds /Trees — Work without a permit
— Illegal dumping — Stop work orders
— Signage — Illegal conversions
— Illegal parking — Condemned buildings
— Vehicle storage Fire Safety
• Utilities — Blocked Exits
— Obstructions of storm water systems — Building Addresses
— Illegal dumping of sewer — Hazardous Storage
— Obstructing / damaging right of way — Fire Protection Systems
— Reduction of unnecessary utility Finance
poles (FPL /Bellsouth /Cable)
— Occupied dwellings without utilities — Business tax receipts
services (Power /Water)
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Example
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Example
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Example
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Why is time important?
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Day 13 Notice of hearing issued
14 .
-Unsecured pool low
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Improperly disposed human waste
Day 3
Current Code Board Process
[Complaint Received I
Initial Field Inspection
Case Closed No F Violation Exists Yes
Day 1
March 1st
Notice of violation issued
giving property owner 10 Day 3
days to comply March 3rd
Day 13
E Follow -up field Inspection] March 13tH
Yes
Violation Corrected No
Citation and notice of
hearing issued to property
owner and case placed on
agenda on the next
available Citizen Code Board
[Code Board Hearing) Day 42
April 11th
[Schedule contractor]
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OFFICE'
F_ O
RC Special M
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• Special magistrates are attorneys having
knowledge and experience in local government
law, judicial and administrative procedure, and
the rules of evidence.
• They hear enforcement cases to include
building, zoning, environmental, land
development, animal, and non - criminal law
enforcement cases.
• They provide the Code Enforcement Division
the ability to expedite cases through quicker
scheduling.
Day 3
Special Magistrate Process
F—Complaint Received I
Initial Field Inspection
Case Closed No F Violation Exists Yes
Day 1
March 1st
Notice of violation issued
giving property owner 10 Day 3
days to comply March 3rd
Day 13
E Follow -up field Inspection] March 13tH
Yes
Violation Corrected No
Citation and notice of
hearing issued to property
owner and case scheduled
for Special Magistrate in 10
days
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rSpecial Magistrate Hearing J Day 23
March 23rd
Schedule contractor
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Process requirements am=
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A system that provides for the mission of Code Enforcement.
Need a system that provides for the community as a whole.
Provides for due process
Provides for a timely resolution.
Comparison by Jurisdiction
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Code
Enforcement
Board
Special
Magistrate
Code Enforcement Board
and
Special Magistrate
South Daytona
X
Ormond Beach
X
Holly Hill
X
Deland
X
Orange City
X
Debary
X
Lake Helen
X
Deltona
X
New Smyrna Beach
X
Daytona Beach
X
Daytona Beach Shores
X
Volusia County
X
Port Orange
X
Edgewater
X
Ponce Inlet
X
Total
2
8
5
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Options
1. Supplement the existing Code Enforcement
Board with a Special Magistrate
— Cost Neutral
2. No change
— Cost Neutral
3. Replace the existing Code Enforcement Board
with a Special Magistrate
— Minimum cost saving as training code board
members would not longer be required ($400.00
spent training code board members in 2012)
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