08-25-2009 Workshop
MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD WORKSHOP MEETING
AUGUST 25, 2009
CALL TO ORDER
Chairman Godek called the workshop meeting of the Ocoee Code Enforcement Board to
order at 6:00 p.m. in the Commission Chambers at City Hall.
PRESENT: Chairman Godek, Vice Chair M. Godek, Members Alexander, Elliott, Hopper,
Lowery, Sais and Alternate Member Osborne. Also present were Code
Enforcement Officer Loeffler, Code Enforcement Officer Delgado, Code
Enforcement Officer Rodriguez, Code Enforcement Officer Siegrist, Division
Chief Stanley, Fire Inspector Sorenson, Administrative Assistant Ballard,
Senior Administrative Assistant Hall, Building Official Washington, Deputy
Building Official Hall, Plans Examiner/Inspector Navarro, Building Code
Inspector Kurt Luedtke, Building Code Inspector Tishya Luedtke, Attorney
Sneed, and Deputy City Clerk Sibbitt.
ABSENT: Alternate Member Morton was absent excused.
GUESTS: None.
Attorney Sneed gave a lengthy presentation and provided a hand-out that covered the
following:
./ Chapter 162, Florida Statues
. Main Purpose for Code Enforcement
. Conduct of Hearing
. Attendance & Quorum Requirement
. Powers of the Board Members
. Administrative Fines, Costs of Repair, and Liens
. The Board's Role at the Hearing - "Findings of Fact and Conclusions of Law"
. Repeat Violations
./ Sunshine Law/Ex Parte Contacts/Financial Disclosure
. Violations to the Sunshine Law
. Disclosure of any Contact with a Respondent/Officer on the Record
. Conflicts of Interest
./ Standard Motions and Order Imposing Fine/Lien
Code Enforcement Board Workshop Minutes
August 25, 2009
QUESTIONS FROM BOARD MEMBERS
Chairman Godek inquired about having a scale or range for fines to help keep a consistency.
Attorney Sneed stated she knows a couple of boards that have a range and that is certainly
something they can discuss to do. She further stated the board should look into separating the
violation into ecstatic verses public safety issues and decide on a range from there. The board
just needs to note the fine amount they set for similar cases in the same night and if there is
not much difference in the facts then they should stay within a certain amount of consistency.
Attorney Sneed said if they choose to set a higher amount they should try to state in the
motion as to why. This is her recommendation although the board does have the authority to
fine up to $250 per day on any violation.
Member Lowery inquired if they authorize the city to abate an issue and they go out and
abate it, how many more times is that going to be allowed to happen for that same particular
property. Attorney Sneed stated in their order imposing fine/lien there will most likely be 3-
4 days of the fine accrual before the city can send someone to abate the nuisance. Then the
fine and a cost of accrual are both charged to the violator. It may be an ongoing basis that
cost is added on to the fine if it is a continual lot maintenance situation. Member Alexander
stated they have talked about this in the past but is it better to impose a lower amount or a
higher amount for fines. Attorney Sneed stated that is why the statute states they can go up
to $250 on a first violation and it really depends on the situation. Member Hopper stated
they really just need to listen to the testimony given because if the fine is too high the
respondents are going to come back before the board to request a re-hearing for reduction
anyways. A brief discussion ensued regarding liens and imposing fines.
Member Hopper stated he feels the board does a pretty good job of discussing the issue
before a motion and being reasonable. Chairman Godek stated his concerns are for the cases
that they impose only staff costs to without adding punitive. Vice Chair M. Godek stated
that he feels it is hard to quantify based on drive bys of the property, how much fuel they use,
and so forth. Attorney Sneed stated that the board has the option to request such a cost break
down should they choose to want to see it. A brief discussion ensued regarding the definition
of repeat violation.
Member Lowery inquired if every officer had a camera. Administrative Assistant Ballard
stated all the officers do have cameras. Member Lowery stated he believes that by looking at
a picture versus what is being said would determine the abatement issues.
ADJOURNMENT
Meeting adjourned at 6:55 p.m.
JJJf
4
Page 2 of2