Fort Walton Beach Council agenda — 10-09-2007 workshop agenda — reading text

aTYOFFORTWALTONBEACH City Council Workshop Agenda - October 9~ 2007 - 5: 30 P. M. City Council Chambers 107 Miracle Strip Parkway, SE Fort Walton Beach, FL 32548 CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Anderson APPROVAL OF AGENDA 1. General Public on items of City business. ( No Backup) 2. Review of Code Enforcement Policies and Procedures. ( CDS Director) (See Backup) 3. Review of Fee Schedule Revisions for the Community Development Services Department. (CDS Director) See Backup) ADJOURN Any person who decides to appeal any decision made with respect to any matter at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (FS286. 0105). The City of Fort Walton Beach adheres to the American with Disabilities Act and will make reasonable modifications for access to this meeting upon request. Please call City Clerk Helen at 850-833-9509 Spencer to make a request. For Hearing Impaired dial the City Hall TOO # 850-833-9925 or 1- 800- 955-8771 ( TOO) or 1- 800-955- 8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order to allow the City time to provide requested service.  CITY COUNCIL WORKSHOP October 9, 2007 Workshop Agenda General Public on items of City business Agenda Item Number: WA- 1  CITY COUNCIL WORKSHOP October 9, 2007 Workshop Agenda Review of Code Enforcement Policies and Procedures CDS Director) WA- 2 Agenda Item Number:  CITY OF FORT WALTON BEACH CO~ TYDEVELOPMENTSERVICESDEPARTMENT ZONING & BUILDING DIVISION MEMORANDUM Date: September 21, 2007 To: Joyce Shanahan, City Manager Via: Missy McKim, Director C:9~ 1Y'\/ V'\ l"'--- From: Malcolm H. Foley, AICP, Supervisor Zoning & Building Division SUBJECT: Code Enforcement Procedures and Protocol The goal of code enforcement is compliance, not punishment. Attached is the Code Enforcement Division' s ' Standard Operating Procedures and Protocol' outline for code enforcement activities within the city. Also attached are the 2007 Florida Statutes, Chapter 162 regarding municipal code enforcement. Attachments: 1. Code Enforcement Division' s ' Standard Operating Procedures and Protocol' outline. 2. 2007 Florida Statutes, Chapter 162 regarding municipal code enforcement. BudgetlCODEProcedures. WorkshopMemo 10907 Page 1 of 1  CITY OF FORT WALTON BEACH AMERICA' S MOST BEAUTIFUL BEACHES 107 Miracle Strip Pkwy SW* PO Box 4009* Ft. Walton Beach, FI. 32549 850) 833-9500 Fax (850) 833-9926 TOO: ( 850) 833- 9925 CODE ENFORCEMENT DIVISION Standard OperatinQ Procedures And Protocol GOAL: The goal of code enforcement is compliance, not punishment. OBJECTIVES: To provide clear, consistent, and systematic processes for the investigation, notification and compliance with the City' s Code of Ordinances. To educate citizens: Citizens are normally unaware of possible violations and procedures for code compliance. To seek voluntary compliance with the provisions of the City' s Code of Ordinances: The goal is to seek voluntary compliance through a non- adversarial relationship. The relationship does not need to be adversarial if there is a common goal of compliance. To strive for compliance early in the process. PURPOSE: Codes are created for the public health, safety and welfare. Effective code enforcement can have a major influence on the economic well- being of the City, as well as, on the health, safety, and welfare of its citizens. Codes shall be enforced in an unbiased manner to set a consistent minimum expectation for compliance. PROTOCOL: Code Enforcement Inspectors are assigned a specific region of the City. When a code violation/ complaint is reported, a code case is opened and Inspectors work towards resolving the violation through a process of education, inspection and notices. Continued violations are followed by progressive enforcement. Code Inspectors respond to complaints according to the impact of the violation on the community. Situations that appear to pose a serious risk to health and safety aregiven a top priority; others are pursued in the order in which they were received. A life safety situation and/ or emergency are given immediate response; other minor violations are investigated within five ( 5) working days. COMPLAINT DRIVEN PROCESS: 1) A Complaint may be received from a resident, business representative or City staff member via phone, e- mail, letter or in person. The CQmplainant may remain anonymous. 1 of 4  2) As much detailed information as available should be supplied at the time of complaint submission, such as: o Address of property If no address is available - identify by a nearby address o Description of the property o Suspected violations o Explanation of what was seen on the property 3) This information alIows the investigator to go to the property and substantiate the complaint in order to ascertain the appropriate action to be taken, if any. INVESTIGATION: 1) Information collected during an on- going investigation is public record in compliance with Florida Records Management laws. 2) Detailed information regarding the complaint is verified and documented ( with pictures, if necessary) and an inspection of the property is conducted to determine if a compliance request should be issued. 3) Complaints .are inspected in a timely manner, with the seriousness of the violation from a health, safety and welfare standpoint, given highest priority. 4) Inspection is made from the public right- of-way or from the property with the permission of the owner. Findings from the inspection are noted, and at a remote location away from the subject property are entered into the computer. If a notice is to be hand delivered, the inspector may return to the subject property to hand deliver the notice. 5) Inspections are conducted discreetly and with respect for the property and privacy of others. Inspectors are to make every effort to avoid conflict when dealing with respondents. Should a conflict and or threatening situation arise, the inspector shall leave the subject property immediately and depending on severity of the situation, make full disclosure of the incident to the Police Department, his immediate supervisor and the Human Resources Director. 6) The inspector will determine if the complaint is a situation better addressed by another department and, if so, shall refer the issue to the most appropriate department. NOTIFICATION OF VIOLATION: Verbal: Visit to educate: Upon verification, the code enforcement officer shall verbally inform the citizen ofthe violation, when possible. The officer shall state the property conditions and reference City Code in a professional and un- intimidating manner encouraging Code compliance. Methods of compliance shall be explained to the citizen and a reasonable time frame for compliance. Written: A written Courtesy Notice or Notice of Violation ( NOV)shall be sent to the property owner and the alleged violator serving as a warning and citing appropriate code sections and compliance requirements. Non compliance may lead to Code Enforcement Board action including an administrative fee and possible fine. A Courtesy Notice is utilized when the violation is minor in nature ( grass height, garbage can, inoperable vehicle) and the respondent has made progress to comply or has minimal or no case history. A Courtesy Notice may also be utilized as a reminder for minor violations after a verbal warning has been given and no action to comply has taken place. 20f4  A few sentences shall indicate methods to alleviate the violation, and a requested compliance date is given. This compliance date is also known as the ' suspense date.' Other information shall also be included with the notice such as a copy of the applicable City Code. Notices of Violation are sent by certified mail to the property owner of record at the owner' s last known mailing address and in the case of rental property, a copy shall be sent regular mail to the tenant. As an alternative or in addition to certified mail, a notice may be posted on the property in accordance with Florida State Statute Chapter 162. The notice, whether mailed, posted, hand delivered or published shall advise the property owner of the violation, a compliance date and how to comply with the code. the inspector's name and phone number are also provided. COMPLIANCE OF VIOLATION: The citizen may contact the inspector in person or by phone for further information regarding the City' s Code of Ordinances, the enforcement process, or to seek an extension on the compliance date. Compliance dates are used as a guide and may be subject to change, in the event the citizen requires additional time to bring the property into compliance. Upon re- inspection, if the violation( s) is in compliance, the case is closed and the process is terminated. The ideal outcome is 100% compliance within the requested time frame. CODE ENFORCEMENT BOARD: If compliance is not met within the specified time frame: A Notice of Hearing shall be served and the case set before the Code Enforcement Board ( CEB) for