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

first. Then, turn attention to “Clean & Lien.” Mrs. Ketchel asked if the problem i1s not having enough Code Enforcement Officers to enforce existing ordinances. Ms. Payton directed the Board’s attention to the photograph of the stacks of plastic storage boxes in an individual’s driveway. She said that person is running a business from his home. Ms. Payton explained that home occupations cannot have an outside appearance of a business at their home and this would be the ordinance he is violating. Upcn inquiry by Mrs. Ketchel about the trailers and incidents of gun shots on Hardie Lane, Ms. Payton answered that 90% of those properties are rentals and the property owners live out of state. Upon further inquiry, Ms. Payton replied they could use more Code Enforcement Officers. Mr. Boyles asked if attention could be drawn back to the issue of excessive vegetation. Mr. Goodwin reported that he has received much public comment on this issue. He said many messages requested something be done and more dealt with the county regulating yards. Mr. Goodwin pointed out that he did not hear any of the Bluewater Bay residents say anything about a problem in their neighborhood with people who are 1living there. He recommended homestead properties be exempted from the ordinance and regulation be limited to MU-1 and MU-2. Mr. Goodwin voiced his concern of over-reaching with the ordinance and said this is a small focus problem and should be directed to abandoned properties. Mr. Windes said, to the contrary, he has had more calls ™“the other way around.” He felt the 1issue to be bigger than Bluewater Bay and affects the entire county. Mr. Windes stated maybe it 1is time to present Okalocosa Pride 1in our county. It was his belief Mr. Kampert could craft some options and walk the halls to explain them. Mrs. Ketchel stated she has heard both sides and hesitates on a countywide ordinance Dbecause there are not enough Code Enforcement Officers. She asked if the Board can take an action specific to Bluewater Bay. October 6, 2015 -6- Minute Book 73, Page 247 Okalocosa County Board of County Commissioners Mr. Boyles shared his concern with “unanticipated consequences” with adoption of a countywide ordinance. He supported a measure to address the problem in a DRI and use Bluewater Bay as the guinea pig. Mr. Stewart told the commissioners they will not be able to adopt an ordinance to address only one property but would have to have a broader presentation. Upon inquiry by Mr. Boyles about the two zoning designations (MU~-1 and MU-2) as an option, Mr. Stewart responded that will be satisfactory. Upcn inguiry by Mr. Windes, Mr. Kampert explained that MU-1 applies to DRIs and MU-2 applies to a Master Plan Development. Mr. Harris stated Okaloosa County has the lowest millage rate in the State and other counties with higher rates have the financial ability to hire more Code Enforcement Officers. He noted his concern about over-reaching and a possible legal issue with asking staff to take actions whereby the county will never get a refund. Mr. Harris stated there are two golf courses in his district which closed and the homeowners associations were set up to take control of them. He said the question being asked is for a county government to fix a problem in Bluewater Bay that is to some degree their responsibility. Mr. Harris told the Bluewater Bay residents they are asking the Board to take action and they are not paying their way. Continuing, Mr. Harris reiterated he does not believe the county has the responsibility or the money to go out and do the cleanup which they expect us to do. He advised that he received more telephone calls against the proposed ordinance because it 1is over-reach. Mr. Harris said the taxpayers don‘t want their tax dollars used for this and stated that any crimes would be the responsibility of law enforcement. He concluded by saying, “Code Enforcement cannot go on private property.” Mr. Boyles stated it appears the majority positicn of the Board is to direct staff to bring back a request for public hearing for a proposed ordinance limiting application to MU-1 and MU-2. Mr. Windes made motion, seconded by Mrs. Ketchel, to direct staff to bring back a schedule for hearings to consider an excessive vegetation ordinance limited to MU-1 and MU-2 zones. 4 yeas, 1 nay. (Mr. Harris voted no.) Recess - The meeting was recessed at 12:38 p.m. and reconvened at 12:45 p.m. October 6, 2015 -7- Minute Book 73, Page 248 Okaloosa County Board of County Commissioners Mr. Kampert stated several photographs were provided of abandoned properties with high wvegetation. He said there are also issues with boarded-up houses, cvergrown vegetation, abandoned houses, and garbage on porches. Mr. Kampert said these are all examples of property maintenance standards. He then briefly reviewed staff’s 14 proposed property maintenance standards. Mr. Kampert emphasized that you cannot regulate aesthetics. He felt these proposals plug gaps in the existing code. He also said these recommendations have been reviewed by Code Enforcement and the Building Industry Association. With regard to nuisance abatement procedures, Mr. Kampert stated that any lien placed on the cleaned property will be inferior to other liens or the property may never be sold. He said another possible option is for the clean-up costs for a property to be added to the subject property owner’s next tax statement. Mr. Stewart stated the Code Enforcement Board and the construction boards recommend approval of the proposal. Mr. Boyles said iritially the Tax Collector and Property Appraiser were not comfortable with this option. Mr. Kampert agreed, saying the Tax Collector was concerned about over-reach. Mr. Goodwin expressed his appreciation to Mr. Kampert and staff on their work. He felt changing from the lien concept to the assessment on the tax bill 1s key to the abatements. Mr. Goodwin pointed out that he does not want to get involved in private disputes and said his preference is to target abandoned properties. Mr. Boyles recommended the Board address property maintenance standards first. Mr. Goodwin made motion, seconded by Mr. Harris, to direct staff to bring back a more narrow set of property maintenance standards to address security of Dbuildings and to focus primarily on abandoned and unoccupied structures. 5 yeas. Mr. Boyles asked if there is action on the nuisance abatement provisions. Mr. Harris made motion, seconded by Mr. Goodwin, to move forward with a public hearing on this issue. Mr. Goodwin asked if the provision has been removed authorizing staff to go forward without Board approval in emergency situations. Mr. Kampert answered that provision is in the building code and has not been pulled out. He commented that not every abandoned building is an emergency situation. Mr. Stewart stated the October 6, 2015 -8~ Minute Book 73, Page 249 Okaloosa County Board of County Commissioners emergency provision was in the excessive vegetation ordinance which came to the Board on the 15 and he takes it the Board does not want that provision. Mr. Boyles also recommended staff come back with the proposed ordinance for public hearing as quickly as possible. 5 yeas. ADJOURNMENT There being no further discussion to come before the Board, the workshop was adjourned at 1:05 p.m. J. D. PEACOCK II NATHAN D. BOYLES, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) October 6, 2015 -9- Minute Book 73, Page 250 Okaloosa County Board of County Commissioners