Loading...
03-18-1996 Special Meeting• CODE ENFORCEMENT BOARD SPECIAL MEETING MARCH 18, 1996 A special meeting of the Code Enforcement Board was held on Monday, March 18, 1996 at the Village Hall, commencing at 7:00 P.M., with the following members present: PRESENT: Barry Asmus Philip Sydow Ivor Hegedus Margaret Burch Doug Garber Prospero Herrera ALSO PRESENT: Bill Nelson Mark Ulmer Lisa Kroboth Cliff Walters, Chairman, Planning & Zoning Board Mr. Asmus explained the purpose of the Special Meeting, indicating that the Village Council had requested a listing from the Board referencing areas of the Village's Code of Ordinances which either should be reviewed, or areas which are not addressed but the Board feels should be • included. Mr. Asmus suggested that each member state thoughts. He reminded the Board that it is not their responsibility to re -write the ordinances, but to offer feedback to the Council from a Board that utilizes the Code on a regular basis. $ARRY ASMUS Administrative Fee - Should be a standardized calculation of the administrative fee which should be approved by either the Board or the Village Council. The fee should be reviewed and changed on a regular basis (maybe on a yearly basis during the budget process which would be effective on 10/1 of each year). Additionally, the change in fee could be tied to either the CPI or the COLA. Mr. Ulmer arrived at this time. Daily Code Enforcement Fines - Consideration should be given to what other municipalities charge on the Schedule of Daily Fines. Mr. Asmus believes that $25.00/day as a minimum fme is too low for certain violations. Should have steps in fme levies. The 30 day time allowance before daily fines are assessed is too long a period for violations which involve health, safety or life threatening situations. • • • • Ticket Issuing Powers - Code Enforcement Officers should be enabled to issue tickets in relation to Code violations, i.e. unauthorized construction, nuisances, inoperable vehicles, commercial vehicles, and any violation relating to safety/health. These violators would be issued a ticket and an immediate fine rather than waiting approximately 30 days before having to appear before the Board. Building Permits - Presently, permits are valid for 6 months. A provision should be made to shorten the effective dates so that work is started and completed in a more timely manner. Storage - There should be a listing of what is allowed to be stored or contained in the front yard. Home Maintenance - Should restrict home maintenance (mowing, trimming, pressure cleaning, construction work, etc.) to certain daylight hours. Schedule of Regulations - Would like to see a provision for no home auto repairs which extend overnight. Does not want to have provision for boats changed to accommodate larger boats. Waiving of Permit Fee - When a sidewalk flag is repaired or replaced by the homeowner, a Building Permit should be issued but the fee waived. Mr. Ulmer suggested that rather than having each Board Member list their concerns, the Board should collectively discuss each item. It was the consensus of the Board to change the format of the meeting. Mr. Hegedus submitted a list (attached) of items he would like to see reviewed. Mr. Hegedus explained his items to the Board. Mr. Hegedus stated that he would like to see the Building Official use a color palette in order to determine colors that homes can be painted. He stated that Coral Gables uses a palette and believes the Village should follow their example. The issue of getting information regarding the Code to new residents was discussed as well as what constitutes compliance. Cliff Walters spoke about the purpose of the meeting and reminded the Board that they were not charged with making the individual decisions regarding what to change the Code to read, but to supply a list of items that planners should be reviewing. Mrs. Burch raised the issue of non -family occupying same residence. Page 2 • Mr. Herrera stated that he would like the following issues reviewed: What constitutes a driveway (gravel areas) Loud music - What decibel level should be considered a nuisance (noise) Zeroscaping - low water maintenance. Do we need a section in the Code promoting zeroscaping. What constitutes a business Group Homes Mrs. Burch stated that the areas she would like to have looked at have been covered by the other Board members other than the issue of overcrowding of homes. Further discussion regarding limiting the number of occupants per household based on the size of the residence (square footage, size of septic tank) ensued. Problems with people renting rooms to Barry students were discussed and that there should be some provision for interior inspections of homes. • Mrs. Burch mentioned the fact that a lot of work goes on during the weekends which has not been permitted or is prohibited. • Doug Garber stated his concerns, which other Board Members had previously expressed during the meeting. He stated that there should be some restrictions on the types of trees which are allowed to be planted in the vicinity of septic tanks Mr. Sydow stated that the Board had covered his items, but wondered how the dollar amount of $180.00 was determined as the Administrative Fee. Mr. Nelson responded that there is a correlation between the actual cost of bringing the violation through the process and to the Code Enforcement Board. Mr. Garber asked for guidance regarding waiving the fee or reducing the fee. Mr. Asmus outlined scenarios when he felt fees could be waived. Mr. Sydow stated that the areas he would like reviewed have been brought up previously in the meeting. He spoke about the building permit fees. Page 3 • Mr. Asmus continued with his listing. Section 501R1 - There is a provision that states boats should be clean, neat and in presentable condition. There is no such provision for vehicles. Wrecked (junked operative) vehicles should not be allowed to stay in the driveways of homes. Off -Street Parking - Should add a provision limiting the number of automobiles allowed either based on lot size or the number of bedrooms. Off-street parking must be on an approved parking surface, not grass or gravel. Define Commercial Vehicles - Is a governmental (County, Police or municipal) vehicle considered a commercial vehicle. Unlawful Animals - What is considered as a legal household pet, define livestock. Hedges/Fencing Heights - This section needs to be reviewed. Garbage Cans - The section should be reviewed and tightened, looking at the size allowed and the number of cans allowed. Further discussion regarding the collection of fines ensued. • Mr. Asmus stated that "Group Homes" are a concern. Mr. Ulmer provided background information regarding group homes to the Board. Mr. Ulmer synopsized items that the Code Enforcement Board should administratively address: Communication Issues - Citation Process - Resident Code Violations Making new residents aware of codes. Compliance - What constitutes compliance? Administrative Fee Should there be a schedule, a set fee, or mechanism for annual revision of Administrative Fee. Fines Should there be a schedule of fines (review). Delay of imposing the fines. Page 4 • • • • Issues Planners should look at: Enforcement - Definitions Is there is more efficient way (ticketing process) How to deal with repeat offenders "Collectability" What is a nuisance (noise, dogs, spotlights, etc) What constitutes a single family What constitutes a business For licensing purposes For home occupational licenses What is livestock (what type of animals should be allowed as pets) What is an unsightly yard Define an approved color scheme Neighborhood Building - Threshold for requiring permit of $100 Permits Hours of outdoor work Construction Landscaping/Lawn Work Pest Control Sidewalk Repair (should homeowner have to pay permit fee to repair public sidewalk) General Inspection rights for Code Enforcement Officers Landscaping provisions Vehicles - repair work, RV's, Boats Construction materials (gravel driveways not allowed) Fence/Hedges heights Off-street Parking Requirements Conversions from single family to illegal multi -family (garage enclosures) Mr. Ulmer discussed with the Board possible solutions to internal issues. Communication Be more specific in the monthly newsletter for existing homeowners. With new/perspective residents there is not much that can be done because there are no enforcement measures. If NOV returned undelivered, perhaps have a Code Enforcement Officer 43serve the violation notice to the homeowner in person. Page 5 M • • Compliance Administrative Fee This issue was highlighted at the last regular Code Enforcement Meeting. Mr. Ulmer indicated that his interpretation is that compliance means beginning the work to correct the violation, not just to pull a permit. The Board has the discretion to define compliance as long as the violator clearly understands the parameters, i.e. a violator has 30 days to pull a permit and 60 days to begin or complete the work. At the time of the motion, the parameters need to be stated within the motion. The role of the Board is not to raise revenue but to have compliance with the Code. Mr. Ulmer suggested that if the Board votes to give a violator 10 days to pull a permit and 60 days to complete the work, and the violator complies, the Board could waive the Administrative Fee. Discussion regarding graduating scale fines ensued. The Special Meeting of the Code Enforcement Board was adjourned at 9:30 P.M. a Barbara A. Fugazzi, Vt1erk 7411111 -Barry Asm Chairman ofla Page 6 • • fieom. two, l-tss u5 Code Enforcement - Areas of Concern -Building Permits: These are valid for six months. Once permit is obtained, enforcement action stops even if nothing is done during the validity period of the permit. New Code Enforcement activities must begin and the story may repeat itself. Needed: a) Provide the Code Enforcement Board with the authority to request that the required permit be obtained within a specified period of time and b) allow the Board to give a specific time to complete the work. If either a) and/or b) are not complied with within the specified time, the $/day fine shall start to accrue. -Administrative Fee: All items brought before the board shall be taxed with the same administrative fee. Only if the board specifically finds that a specific item reached the board because a lack of good communication .and evident good faith is present, may the board wave the administrative fee. The fact that an Administrative Fee will always be charged, the problem of limiting the number of violations per case (one violation per case) must be reconsidered. For example: If in a single visit, the Code Enforcement Officer finds more than one violation, the Officer will write up different case violations and when in front of the Board, each case will be charged with an administrative fee. This is apparently not justified. -Schedule of Fines : A schedule of Fines ($/Day) should be considered for different violations as well as repeat offenders of the same or similar violations. The Code Enforcement Officer (Mr. Trumble) has provided us with 38 of the most common violations; most of which should have a basic ($25/day) fine while others which refer to security matters may be tripled or quadrupled. Each type of violation should be researched and fined accordingly placing the greater weight when the safety of persons or animals are at stake. -Communication with Property Owners and Tenants: All Owners and tenants, new, old or in process of moving to or buying a home in Miami Shores must be made aware of simple basic rules that govern our Village regarding the properties they will purchase or occupy: - All changes with a value of $100.00 or more (This amount could be changed) requires a permit before the changes are performed. • - Work other than lawn maintenance on Village right-of-way requires a permit. - Provide the following advice: If maintenance cannot be provided, reconsider 411 moving to Miami Shores. -Code considerations: - Building and Zoning requires colors for their approvals (when painting a House, yet they have no color pallet. Enforcement is therefore not possible. • IRH/96 • - Trees and /or shrubs over a neighbors property -to what extent is this allowed? - People who have attack dogs shall be required to keep them in confined areas. If high walls are not allowed, a 5 -foot chain link fence should be required.