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HomeMy WebLinkAbout03/20/2012 Workshop CITY OF CLERMONT CODE ENFORCEMENT BOARD WORKSHOP MARCH 20, 2012 1 Code Enforcement Board. Origin, powers, limitations etc., Chapter 162, F S Code Enforcement Attorney Valerie Fuchs addressed the Florida Statutes Chapter 162 pertaining to Local Government Code Enforcement Boards highlighting on the broad powers of the board. 2 Quasi - Judicial Boards Ms Fuchs stated that Quasi- Judicial means you are acting as a judge. She stated the Board members must be unbiased and impartial. She stated that proper notice by staff must be given as stated by Chapter 162. She stated that the Respondent and public must be allowed due process to be heard by the Board She stated that the Board does npt have to hear repeat or irrelevant information. She stated that a decision must be made on facts presented by Staff, not on hearsay information She stated that Board members cannot use information that they have seen or heard outside of the public meeting She stated that the Board needs to focus only on the case presented not what happens in the neighborhood She warned that once a violation has been determined, you must keep personal or derogatory comments to yourself. 3 Exparte Communications, Sec 286 0115, F S Ms Fuchs stated that Exparte Communication means Board members cannot speak to anyone outside of the public hearing about any of the cases She stated that Board members themselves can call and report code issues to the Code Enforcement Officer, but they cannot push the staff to pursue a case She stated that it is up to staff to make the determination of violation and whether to pursue a case. Ms Fuchs stated that no one should be calling the Board members to speak about a case. 4 Sunshine Law, Sec 286.0111, F S _ Ms Fuchs stated that if any Board members meet to discuss Code Enforcement issues you must follow the Sunshine requirements. She stated that Board members would have to meet in a public place with ADA accessibility and provide public notice that you are meeting. Ms Fuchs stated that the Board members could break the Sunshine Law if they are speaking, texting, emailing or corresponding in any manner if they mention a code case that is being presented before them Ms. Fuchs stated that if a Citizen contacts a Board member, they should direct the person reporting the code issue to City staff. She stated that any emails between Board members and Staff are public record. Ms. Fuchs stated that she highly discourages Board members to visit the site prior to the meeting. She stated that Staff will show pictures and will testify to the site visits. She stated there is nothing wrong with it; however they need to wait for staff's presentation so that the appearance of a predetermined decision was not made. She stated that the appearance of breaking the Sunshine Law is just as harmful. Ms. Fuchs stated that Board members should not lean over to another Board member to say anything during a presentation because that could give the appearance of violating the Sunshine Law. 5. Voting Conflicts, Sec. 286.012 & Sec. 112.3143, F.S. Ms. Fuchs stated that if a Board member attends a meeting they must vote, unless something is a conflict of interest, i.e. financial gain or loss. She stated that if you do have a conflict you can still participate in the discussion, but you must announce your conflict prior to the hearing of the case. 6. Board Procedures: Ms. Fuchs stated that Staff will present to the Board their case, the Respondent will have an opportunity to speak and present their case. The Public will then have an opportunity to speak if they choose. Once the Public portion of the case has been closed, the Board members will have an opportunity to ask questions. Ms. Fuchs stated that the Board can adopt their own rules if they choose. Ms. Fuchs handed out suggested motions to help the Board members make motions on cases presented by Staff. Alfri$ annella, Vice - Chairman Attest: Rae Chidlow, Code Enforcement Clerk