Okaloosa County BOCC — November 17, 2015 — Oct 6, 2015 workshop minutes — reading text

Excessive Vegetation and Property Maintenance Workshop October 6, 2015 The Excessive Vegetation and Property Maintenance Workshop befcre the Okaloosa County Board of County Commissioners was called to order at 11:05 a.m. at the Okaloosa County Courthouse in Crestview. Members present were Nathan D. Boyles, Chairman; Charles K. Windes, Jr., Vice Chairman; Wayne Harris; Carolyn Ketchel; and Trey Goodwin. Also present were Gary J. Stanford, Finance Officer, Clerk’s Office; John Hofstad, County Administrator; and Greg Stewart, County Attorney. Mr. Elliot Kampert, Growth Management Director, stated the Board held a public hearing on September 15, 2015 to consider an ordinance regarding excessive vegetation. He reported there was considerable discussion and the ordinance was nct adopted. Approval was given to schedule a workshop for discussion on excessive vegetation, as well as dilapidated properties and other related issues. Mr. Kampert advised the types of concerns discussed at the September 15 hearing generally fall under Chapter 11 of the county code which is described in specific detail in Section 11-136. Section 11-136 - Public nuisances described. The following conditions existing, permitted, maintained or caused by any person on real property in Okaloosa County shall constitute the maintenance of a public nuisance injurious to the health or general welfare of the citizens of Okaloosa County and shall constitute a violation of this division: (1) The creation or maintenance o¢f any condition capable of breeding flies, mosquitoes or arthropods capable of transmitting diseases directly or indirectly to humans. (2) The accumulation of rubbish, trash, garbage, litter or other solid or liquid waste materials in violation of this division. (3) The existence of any dwelling, house, building, structure or real property on which a dwelling, house, building or other structure 1is located which is unsafe, unsecure, deteriorated, degraded with obscene graffiti, or a menace to the health, safety or general welfare of the citizens of Okaloosa County. (4) The utilization of any single-family or multifamily residential property by the owner or October 6, 2015 -1- Minute Book 73, Page 242 Okaloocsa County Board of County Commissioners occupant thereof for the exterior storage of any abandoned vehicle, icebox, refrigerator, stove, or other large appliance normally located inside a dwelling unit. Mrs. Jane Rainwater, Bluewater Bay, distributed photographs of the golf course at Bluewater Bay. She said the first three are when it was pristine and the remaining photos are current conditions since its closure in 2013. Mrs. Rainwater noted the pumps for the sprinkler systems have been removed. She called the present condition of the golf course a fire hazard and safety hazard affecting 600 residents. Mrs. Railnwater stressed it is not a beautification issue but a safety issue. Mr. James Sanders stated he lives on a dead-end street (Bullock Boulevard) and his property is 200'x100". He said there is an empty house near him and the grass has not been mcwed in three or four months and called it a fire hazard. Mr. Tom Evans, Bluewater Bay, said the overgrown weeds are beyond the control of the homeowners association. He stated the residents’ offers to mow and maintain the abandoned golf course have been turned down. Mr. Evans said Bluewater Bay is a DRI (development of regional impact) and what has happened is a violation of trust of those who live in this area. Mr. Bill Board, Hidden Lakes, commended the county staff on the agenda packet covering this subject. He said the proposed ordinance applies to parcels of any size and recommended it be changed to parcels of more than one acre to provide minimum overreach. Mr. Steve Bennett, Poquito Bayou, stated his property contains two acres and he has elected to have a natural yard/backyard habitat. He asked the commissioners not to use an ax when a scalpel will do. Mr. Bennett said he is not an advocate of pristine lawns going all the way to the water’s edge on waterfront properties and expressed his concern about the watershed. He stated that he understands the DRI concept but he wants the right to enjoy his property as he chooses. Mr. Bennett emphasized the Board should not infringe on private property rights. Continuing, he said the county already has something on the books dealing with abandoned buildings, dangerous buildings, and loitering. October 6, 2015 -2- Minute Book 73, Page 243 Okaloosa County Board of County Commissioners Mr. Jerry Wright, Magnolia Plantation, said they are talking about “extreme” vegetation, a jungle. He stated it was never their intent for the ordinance to be a one-size-fits-all scenario. Mr. Wright said this does not require police, that it is beyond the abilities of the homeowners association, and encouraged the Board not to “over reach” with the ordinance. He noted that all municipalities have an ordinance dealing with this topic. He called it a moral issue. Mr. Wright was of the opinion that one or more property owners should not mess things up for those who have chosen to live in a community with certain standards. Ms. Barbara Nystrom stated she is not really against the ordinance and asked the commissioners how carefully they have thought out the 1idea of adding one more Code Enforcement ordinance. She asked if more Code Enforcement officers will be hired to answer complaints. Ms. Nystrom distributed pictures of abandoned mobile homes south of Racetrack Road in Fort Walton Beach, adding that she presented these photographs to Code Enforcement in 2013 and was told it was not in their area. She reported her community is 90% rental properties with absentee landlords. Ms. Nystrom asked the commissioners how they can consider adopting another ordinance to be handled by what she called a “mismanaged” Code Enforcement department. She also shared with the commissioners concerns regarding gun shots, drug deals, burglaries, and prostitution in her neighborhood. Ms. Nystrom said she made the complaint three years ago and asked what it will take to get the department to respond. She stated a meeting was set for September 7 but the day came and went without anyone showing up. Another meeting was requested on September 16. Ms. Lisa Payton, Code Enforcement supervisor, replied September 7 was Labor Day and the offices were closed, adding an email was sent to that effect. Mr. Boyles asked her to speak to Ms. Nystrom’s comments. Ms. Payton stated the issue 1is still open regarding the mobile homes brought onto the property. She stressed the department has addressed every issue brought to them by Ms. Nystrom. Ms. Payton noted the Code Enforcement officers are restricted to activities on the right-of-way and they cannot control drugs and prostitution. She said the problem with the mobile home next to Ms. Nystrom has been referred to the Health Department. With regard to the property owner of the Hardie mobile home park, Ms. Payton stated the owner lives in Navarre and is an invalid. October 6, 2015 -3- Minute Book 73, Page 244 Okaloosa County Board of County Commissioners Mr. Boyles asked what the options are, saying there is provision to levy a fine of $500 per day for non-compliance. Upon inquiry by Mr. Boyles, Ms. Payton replied the next step, “where we are now,” is for the county to go in and clean it up. Ms. Nystrom referred to photographs labeled “h” and “i” and said this 1is the trailer drug dealers are using. She expressed concern of its close proximity of two elementary schools, a middle school and a high school. Ms. Nystrom reported the trailer was moved when residents threatened a lawsuit after the gunfire incident. She explained that residents are putting up fences and trying to take care of the problems, adding that waiting for a government agency to provide assistance 1is also a problem. Ms. Mary Ward, Brittany Woods (Wright area), submitted photographs of overgrown yards and one house with stacks and stacks of plastic storage Dboxes 1in the driveway. She said complaints have been made to Code Enforcement about these issues. Ms. Ward commented that people are moving to Crestview and Navarre because Fort Walton Beach has become old and decrepit. Mr. Thaddeus Wallace, Wren Way in Bluewater Bay, relayed an incident which occurred adjacent to property on the abandoned golf course in July. He said a backpack was found containing marijuana and a lighter. They were concerned not only about the drugs but the possibility of a fire. Mr. Wallace stated residents fear the environment will Dbecome 1like that of Fort Walton Beach. He emphasized that something needs to be done. Mr. Dale Gibson, Lighthouse Church Road (Baker), also submitted photographs of overgrown properties 1in his neighborhood and stated the size of the property really does not matter. He said when people let their properties go, they are not only violating the codes/ordinance but violating his rights too. Mr. Gibson spoke about some of the problem properties in his area, noting some are bank-owned. He encouraged the commissioners to put teeth in the ordinance, to assess fines on the individuals, and said “someone needs to step up.” Ms. Teresa Julianc stated other counties 1in the state are training private citizens as volunteers to help them so extra funding is not needed. Cctober 6, 2015 -4- Minute Book 73, Page 245 Okaloosa County Board of County Commissioners Ms. Laurie Stoner stated when they returned from Germany, Bluewater Bay was beautiful with bike paths and a golf course and they decided to build there. Now, she said the golf course is an eye sore and a health concern. Ms. Stoner stated she does not understand why the residents cannot mow the golf course. Mrs. Rainwater said 1t seems there are +two 1issues being discussed: {1) abandoned houses and drug use and (2) excessive vegetation in Bluewater Bay. She commented that Bay County has a “Clean and Lien” policy and suggested Okaloosa County look into that. Mrs. Rainwater added that recently they had a problem with a naked woman on Fairway No. 7. Mr. Kampert stated there are two primary issues—property maintenance and excessive growth of vegetation. He said we are talking about nuisance blight. Mr. Kampert stated the proposal is to plug the holes in the existing ordinance. He said all cities in Okaloosa County, with the exception of Laurel Hill, have control measures for these issues. Mr. Kampert reported that 90% of the complaints are on small lots and an acreage threshold will not help with the problem. He referred to a map of the Urban Development Boundaries, stating it applies to pretty much everything south of Eglin Air Force Base and the City of Crestview. Mr. Kampert stated one suggestion is to limit application of the ordinance to zoning districts and the industrial districts could be excluded. Another option is to apply it to specific areas—Master Plan Communities and DRIs. This would be MU-1 and MU-2 areas which are primarily located in the eastern portion of the county. He noted that additional legal research will be needed on this option. Mr. Kampert pointed out there are a number of strategies but staff needs to know where to draw the line. He referred to the term “nuisances” and how that would apply to snakes, rats and other vermin. Mr. Kampert explained that if there 1is a determination a subject property is a “nesting” area, then the Health Department 1s called in. He encouraged restraint in calling Code Enforcement just because someone sees a rat or a snake. Mr. Kampert felt the Eglin Reservation and agricultural lands should be excluded from the proposed ordinance and stated staff will look into the Backyard Wildlife Program. October 6, 2015 -5- Minute Book 73, Page 246 Okaloosa County Board of County Commissioners Mr. Boyles stated there is a diversity of issues and he would like to take a crack at addressing excessive vegetation