Fort Walton Beach Council agenda — 12-24-2010 Regular — reading text

records of Okaloosa County. Mitigation Schedule. A schedule of suggested mitigation percentages, as approved by the City Council and amended by resolution if needed, that shall be considered during review of an application for release of an order imposing a fine or release of lien, and that may ensure an equitable, expeditious, and effective method of gaining compliance with the code. The following is the city' s suggested mitigation percentage schedule: Fine Amount _ of Fine Amount to be Paid 0 to 520, 000 20% of the fine amount 205001 - $ 40, 000 30% of the fine amount 40, 001 — and over 35% of the fine amount B. Satisfaction of Order or Lien 1. At any time that a violator /property owner has satisfied all obligations of a code enforcement order, the Code Enforcement Board Chairman, upon request provided by the violator and a statement of compliance provided by the code inspector, shall execute a satisfaction of order or lien, whichever is applicable. 2. The City Clerk will record any satisfaction of lien in the public records of Okaloosa County, Florida, and provide a copy of the recorded document to the property owner. C. Reduction of 'Fine; Release of Order; Filing of Order. The code enforcement board shall adopt procedures for reviewing a code enforcement board order imposing a fine, upon application of a violator. Such procedures shall: 1. govern a request for a reduction of fine made within ten days of any order imposing a fine; Chapter 1 - 1 Packet Pg. 137  14.2.d FORT WALTON BEACH CODE 2. govern a request for a release of order, which procedures shall be effective for the first three months after an order imposing a fine is issued; 3. govern a staff request to file an order imposing a fine into the court records; and 4. at a minimum, require: a. statements in each order that notify the violator that there are procedures to request a reduction of fine, release of order, or release of lien; b. criteria for determining if an order imposing a fine should be filed in the public records that would be effective during the fourth through sixth months after an order imposing a fine has been issued; c. criteria for foreclosure mitigation that would be effective during the first three months after an order imposing a fine has been filed in the public records; and d. findings of fact regarding any reduction of fine or release of order, that ensures the code enforcement board considered the following: 1) the gravity of the violation; 2) the time in which it took the violator /property owner to come into compliance; 3) the accrued amount of the code enforcement fines /lien as compared to the county' s property appraiser' s stated value of the property before exemptions; 4) any previous code violations; and 5) the mitigation schedule. D. Release of Lien If a certified copy of a code enforcement board order has been recorded in the public records and the property that was in violation has been brought into compliance with the code, the violator /property owner may apply to the city council for a release of lien as follows. 1. The violator /property owner shall apply for a release of lien on a sworn application approved by the city manager that includes, at a minimum, the address of the subject property, the date the subject property was brought into compliance, the factual bases for the request for release of the lien, the terms upon which the violator /property owner believes a release of lien should be granted, a statement of compliance by the code inspector, and the amount of the release in fines sought by the violator /property owner. 2. Upon receipt of the application for release of lien, the city manager shall schedule the application for review by the city council at the next available council meeting and prepare a recommendation to the city council. 3. If the property subject to the application is also the subject of a foreclosure proceeding filed by the city against the property and property owner in violation, the city manager, within fifteen days of receipt of the complete application, shall issue a written denial of the application that Chapter 1 - 2 Packet Pg. 138  14.2.d FORT WALTON BEACH CODE includes the name, address and telephone number of the foreclosure attorney and advised the applicant that matter must be considered as a settlement of the litigation. 4. The city council shall consider the application for release of lien at a public meeting pursuant to the following criteria. a. The city council may take action based solely upon the sworn application and comments of the applicant, and the recommendation of the city manager. b. The city council may reduce the amount of the lien, waive the full amount of the lien or continue the lien in its full amount. c. The council shall consider the following in determining whether to approve or deny an application for release of lien: 1) the gravity of the violation; 2) the time in which it took the violator /property owner to come into compliance; 3) the accrued amount of the code enforcement fines /lien as compared to the county' s property appraiser' s stated value of the property before exemptions; 4) any previous code violations; and 5) the mitigation schedule. d. If the City Council approves a release of lien, the mayor shall execute such release and the city clerk shall have the release recorded in the public records of Okaloosa County, Florida, and provide a copy to the property owner. E. Waiver or Reduction of Administrative Fees or Costs The Council or Code Enforcement Board may consider a waiver or reduction of administrative fees or costs that were originally imposed in the code enforcement order or for subsequent remedial actions taken by the City. Chapter 1 - 3 Packet Pg. 139  14.3 City Council of Fort Walton Beach CITY MANAGER MEMORANDUM To: Robert T. Meares, City Manager From: Robert Meares, City Manager Date: December 14, 2010 Subject: Noise Control Ordinance 1. BACKGROUND: 1. 1. At the last CC meeting Mr. George Tisza played a tape of people next door to his home skateboarding on a homemade ramp. The noise created by the skateboarders was the point of his playing the tape and his complaint to the City. Mr. Tisza said that he would appear at the next CC meeting and ask that Council adopt an ordinance prohibiting skateboard ramps on all residential properties. 2. DISCUSSION: 2. 1 Skateboard ramps are not the problem, the noise created by them is. 2. 2. The current noise ordinance was adopted in 1985 and defines prohibited noises by type, not by modern metrics of magnitude or any quantifiable numeric rating such as decibel levels. Generally, in municipal law, that which is not prohibited is permitted, hence since skateboard noise is specifically not prohibited, it is permitted. These type ordinances are highly subjective and therefore virtually unenforceable. 2. 3. In the definition of nuisances in the Code there is a provision for interference with the enjoyment on ones property, but again, these are to a great degree subjective. 2. 4 The only solution to Mr. Tisza's problem and those others who are affected by loud noises is the adoption of an objective and therefore enforceable noise control ordinance. 3. FINANCIAL INFORMATION: 3. 1. Since staff will address the issue and draft the ordinance there will be no direct cost. 4. RECOMMENDATION: 4. 1. Direct staff to draft an ordinance with objective and enforceable standards that will address the noise control issue. SIGNATURE BLOCK: Carole Jones Completed 12/ 08/ 2010 3: 02 PM Packet Pg. 14t?  14.3 City Council of Fort Walton Beach CITY MANAGER MEMORANDUM To: Robert T. Meares, City Manager From: Robert Mearns, City Manager Date: December 14, 2010 Subject: Noise! Control Ordinance Completed 12/ 08/ 2010 3: 03 PM City Manager Robert Mearns Skipped 12/ 08/ 2010 4: 32 PM City Council Pending Packet Pg. 141