CC Minutes 12/09/2013 - Laserfiche WebLink

Home Browse Search

CASSELBERRY CITY COMMISSION Minutes of December 9, 2013 — Regular Meeting Page 15 of 24 CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Staff Presentation: Community Development Director Sandra Smith gave a brief overview ofthe ordinance, explaining that, if adopted, it would: eliminate duplicative language in the code relating to citations; add language to the code to provide an option to use either a Special Magistrate or a Code Enforcement Board to address code enforcement proceedings and provide criteria for selection, qualification, compensation and duties of a Special magistrate; provide the Special Magistrate with the same jurisdiction of the Code Enforcement Board; renumber Code sections as needed for consistency due to addition of new language; replace the Fire Chief with the Community Development Director for the process of satisfactions of lien; and provide the Special Magistrate with the same powers as the Code Enforcement Board regarding the nuisance abatement process. Ms. Smith further explained that research of other jurisdictions had shown that utilizing a Special Magistrate had many benefits, including: cost savings; more expertise in the applicable law and its interpretation; more consistency in decisions and more appropriate application of penalties; reduction in meeting time; more respect from those going through the code enforcement process; less likelihood of politically or personally based decisions; no quorum issues; flexibility in meeting times and occurrences; greater compliance; and no need to meet difficult statutory requirements for Code Enforcement Board membership. Ms. Smith advised that if approved, this ordinance only provided the Commission with the option to utilize a Special Magistrate; however, if the Commission decided to utilize this option, there would be additional steps which would need to be taken. Those would be to advertise for a Special Magistrate, prepare and adopt a resolution to disband the Code Enforcement Board; and prepare and adopt a resolution to appt a Special Magistrate. She added that the Planning and Zoning Commission had reviewed staff's findings at its November 13, 2013 advertised public hearing and had provided a favorable recommendation to the City Commission. She added that staff had advised the Code Enforcement Board members of the proposed actions at their November 14, 2013 meeting. Budget Impact: Use of a Special Magistrate will replace the need for an attorney to represent the Code Enforcement Board at each meeting. The cost of the Special Magistrate will be provided in lieu of a City Attorney at each board meeting. Based on information received, due to the reduced meeting time with a Special Magistrate, the attorney costs will be reduced. There is no increase to the City budget. Discussion: A lengthy discussion ensued regarding additional steps which would have to be followed in order to appoint a Special Magistrate; proposed duties of a Special Magistrate; and the cost effectiveness of utilizing a Special Magistrate. Audience Participation: 1. Mr. Richard Henderson, 127 Mark David Boulevard, spoke in opposition to Ordinance 13- 1400, advising that he had served on the City's Code Enforcement Board for fifteen years and did not recall having any issues with getting citizens to fill positions on the Board. He also stated he felt a Code Enforcement Board comprised of city residents who had a vested interest in the City would be preferable to a special magistrate who may not be a resident and may not care as much about the issues as the residents. 2. Mr. John Casselberry, 700 South Lost Lake Lane, voiced some concerns about code enforcement fine amounts and suggested a mediation procedure may be something that should