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06-20-1991 Code Enforcement Workshop MeetingMIAMI SHORES VILLAGE CODE ENFORCEMENT WORKSHOP JUNE 20, 1991 The Code Enforcement Workshop of the Miami Shores Village Council was held on Thursday, June 20, 1991, at the Miami Shores Village Hall commencing at 7:36 p.m. with the following members present: Mayor Johnson Robert Cook Henry T. Courtney Herb Spahn Stephen Loffredo Also present: Gall Macdonald William F. Fann Ms. Macdonald reviewed the background and stated that the problem is that some residents Just will not comply with Miami Shores zoning regulations. She suggested using the citation system similar to Dade County's. Mr. Al Childress, the Code Control Supervisor for Metro -Dade, explained how Dade County's system of code enforcement works. He stated that the steps are as follows: 1 Warning letter 2. Inspection 3. Citation a. Hearing officer b. New compliance date 4. If not corrected, continued fines per day and if not paid initiate a 11en on house He stated that there are caps on fines as follows: $100 fine - $2000 cap $200 flne - $5000 cap $500 fine - $10000 cap Mayor Johnson asked if the hearing officer Is an employee of the County. Mr. Childress replied no that the officer Is paid on a daily basis. Mr. Spahn stated that the Village's Code Enforcement Department Is doing a good Job, however, the Village Is not getting final results. Mr. Loffredo asked what kind of penalties are involved. Mr. Childress replied fines; however, some people have been put In Jail. Mr. Fann stated that Miami Shores present program Is In compliance with his advice. He stated that the Council could ask for an injunction on large cases; however, it will cost money and the Village will have to pay a person to prosecute each case. Ms. Macdonald spoke about the possibility of an interlocal agreement using County officers In Miami Shores for code enforcement. Mr. Loffredo spoke about code enforcement in County enclaves and not using County resources for Miami Shores. Mr. Fann stated that the Village could change to tickets and hearing officers; however, he stated that he doesn't recommend It. Mr. Spahn suggested that some problem cases be referred from the Code Enforcement Board for prosecution. Mr. Fann stated that the Village Manager should make the decision. Mr. Spahn inquired about how many cases are outstanding that no action will be taken on the part of the homeowner. Mr. LuBlen replied 20 to 30. Mr. Courtney stated that the westside has a problem with homes not being kept up. He stated that he was In favor of having a policy whereby the Village Manager recommends to the Village Council cases to be prosecuted. Mr. Loffredo spoke about Judgments against property owners Instead of against the property for code enforcement liens. Ms. Macdonald stated that the properties that are a problem, the owner often times disappears and a new owner takes over the property. Mr. Courtney suggested that the Village Attorney talk to the County Attorney to draft an ordinance that is similar to the County's. Mr. John Stokesberry stated that he Is In favor of of capping fines at a reasonable level. There was a consensus of Council to establish a policy for the Village Manager to determine when It Is appropriate to prosecute and to report to the Council, not to recommend for action to the Council, but simply to report and for the Village Attorney to contact the County to see If the Village can amend the Code to recover attorney's fees and court costs. Mr. Cook stated that he was very Interested In prosecution of code enforcement problems. Mr. Spahn asked Mr. Childress If injunctions get compliance. Mr. Childress replied yes. Mr. Fernandez spoke about citations against people rather than property and taking It to a Judgement. He also spoke about the effectiveness of the Code Enforcement Board and stated that a cap on fines will add punch to enforceability. He suggested publicizing cases where the Village can drop the hammer on code violators. Mr. Spahn stated that an InJunctlon works to get problems corrected. Ms. Macdonald asked If the process that the Village has leads to a Tien and the citation process leads to a Judgement. Mayor Johnson stated that the Village has the ability to pursue a Judgement with the Notice of Violation that is currently being used. Mr. Loffredo stated that the Village doesn't presently have the resources to pursue Judgments. Mr. Fann stated that an injunction should be used if no other means of relief Is working. Mr. Childress stated that the County works under the Home Rule Law which the Village doesn't operate under. Mr. Stokesberry suggested letting the County pursue cases that are a problem in the village because they have the power. Ms. Macdonald stated that the goal of the Department Is compliance and that fines and liens are negotiated when problems are resolved by new owners. Mr. Cook stated that the objective Is compliance not revenue generation. There was a consensus of Council that the goal of the Code Enforcement process Is to get compliance to Miami Shores codes not to generate revenue. Ms. Macdonald recommended capping fines at $10,000 and a minimum of 10% of fine plus administration fee If discounting occurs. Mr. Stokesberry asked for standard fines for certain violations. Mr. Spahn suggested caps similar to the County. There was a consensus of Council to have the Village Attorney develop language for caps on fines with the administration suggesting the amounts for the caps. Ms. Macdonald suggested Increasing the minimum daily fine up to $100 per day and a $500 minimum for repeat offenders. Mr. Fann stated that the Council should not tell the Board what to levy; however, Mr. LuBien can ask the Code Enforcement Board to raise the minimum fine. Mr. Spahn suggested having a uniformed police officer and code enforcement officer deliver letters to violators informing them that the Village is going to pursue the case In criminal court. Ms. Macdonald suggested that the staff develop a code enforcement brochure and handle distribution. There was a consensus of Council agreeing with the Village Managers suggestions regarding a code enforcement brochure. Ms. Macdonald spoke about an auxiliary code enforcement program and endorsed the concept if proper training Is used. Mr. Loffredo stated that he was against auxiliary officers at this time. Mr. Spahn stated that he was In favor of an auxiliary program. Mr. Courtney stated that he was in favor of additional people to make the department better. Mr. Fann stated that a volunteer looking for infractions is different than someone being paid to do the Job. Mr. Loffredo stated that training and education Is very Important. Mayor Johnson called for a recess at 9:40 pm. The meeting was reconvened at 9:47 pm. Ms. Macdonald recommended that whenever there is an Issue before the Board that Is granted a continuance, the Village should record the notice of violation with the court. Mr. Courtney suggested proceeding with the Village Manager's recommendation. Ms. Macdonald spoke about police liaison and recommended a special services report that the officers would fill out. There was a consensus of council to proceed with the special services report. Ms. Macdonald stated that the Village does not have the manpower to enforce alley maintenance. Mr. Courtney stated that In concept the Council should go on record that they are In favor of alley maintenance. Mr. Cook agreed with Mr. Courtney. Ms. Macdonald recommended a permit for posting of real estate signs and the issuing of re -occupancy certificates. Mr. Cook spoke about inspecting houses for code violations. Mr. Barry Asmus suggested having a record of what Is found at inspections and having the homeowner sign that they have received a copy of the code. He said that new residents must be made aware of the Village's codes. Mr. Owen Henderson stated that people who do not use conventional methods of selling and buying homes would be missed by the new policy. Mr. Bob Blum stated his opinions of the Issues that were discussed at the meeting. Mr. Henderson spoke about calls regarding perceived problems. Mr. Asmus stated that too many people are getting away with too much and that education Is very Important. Mr. Cook asked if a general repair permit could be reduced In cost Mr. Art Heffernan spoke about violations In the Village. Mr. Warren Bittner spoke about street closures. The meeting was adjourned at 10:50 pm. Attest: Gail Macdonald Village Clerk 7 By: Scott W. Davis Deputy Village Clerk