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HomeMy WebLinkAboutMinutes 09-13-2007 WorkshopCITY COUNCIL WORKSHOP MEETING co WITH THE PLANNING & ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida THURSDAY September 13, 2007 5:30 PM CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos (Arrived at 6:40 pm) Mayor Rocky Randels Council Member Shannon Roberts Planning & Zoning Members Present: Chairperson Vice-Chairperson Board Member Board Member Board Member Alternate Board Member Others Present Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson City Attorney Kate Latorre City Manager Bennett Boucher Building Official Todd Morley Code Enforcement Officer Duree Alexander BCSO Lt. Jeff Ludwig Recording Secretary Kim McIntire Mayor Randels explained that the minutes from the August 28, 2007 meeting were still being transcribed as there were technical difficulties in retrieving the recording from the digital recorder in a timely manner. Mayor Randels thanked Joyce Hamilton for providing the refreshments at this evening's meeting. DISCUSSION: 1. Civil Citation Code Mayor Randels stated that the purpose of this meeting was to review the Civil Citation Ordinance as recommended by the Code Enforcement Board. He stated that fireworks and unlicensed contractors were currently enforced through civil citations and the Code Enforcement Board was proposing that seven additional areas of concern be included: alarm systems (currently in the code), environment, animals, garage sales, swimming pool enclosures, rental restrictions on dwelling units and numbering of buildings. Mayor Randels stated that the city manager was recommending that that City Council move forward to the first reading with any suggested modifications from this workshop. Mayor Randels read the heading of the proposed ordinance and stated this was completely separate and apart from the proposed chronic nuisance ordinance. The civil citation ordinance would allow violators to be put on notice immediately through a citation without having to go through the code enforcement process and the procedures dealing with civil citations have been in place since 2004 and were contained within Section 2, 283 -285. Mayor Randels stated that the proposed ordinance was in addition to and not in lieu of the current code enforcement process. Ms. Roberts had a concern with regard to fireworks and the inability/willingness of the BCSO to issue citations to persons in violation of the code. Lt. Ludwig replied that the deputy must personally witness the infraction, which was extremely difficult, and the code stated that individuals were entitled to one warning. Ms. Roberts stated that the City of Cocoa Beach did not issue warnings, but immediately issued citations. Mayor Randels read the e-mail from the city manager of Cocoa Beach which stated they did not have a policy of a first warning; if the violator were caught, they were immediately ticketed. However, it was difficult to determine in a group which individual actually set off the fireworks. The city simply confiscated all the fireworks. In July, they issued two citations and confiscated fireworks from six groups. City Attorney Garganese affirmed that Florida law required a warning notice for the issuance of citations except for a serious threat/harm to the public safety, health or welfare or if the offense were irreparable /irreversible. Lt. Ludwig pointed out it was not illegal to possess fireworks; only illegal to discharge fireworks. Ms. Roberts asked if "animals" included dogs on the beach. Ms Alexander replied that the Code Enforcement Board's discussion did not include dogs on the beach. Mr. Boucher stated that Chapter 14 dealt with bees, sea turtles and the City's adoption of the Brevard County Animal Control Ordinance. Everything listed in that ordinance would be subject to a civil citation. Lt. Ludwig stated that all animal complaints received by the Communications Center were immediately dispatched to a deputy for enforcement. He stated that the deputy must personally witness a dog on the beach with its owner in order to issue a citation. He also said the deputies were not required to give a warning with the current animal control citations. Mr. Garganese agreed that animal control was different and advised that the City may not want to include animal control in the proposed ordinance. Mayor Randels proceeded to "environment" and the city manager listed the items contained in this element as illegal distribution of handbills, litter, noise, property maintenance standards, building/landscape /sign appearance, weeds and dead vegetation, abandoned property and spillover lighting. Discussion followed on whether civil citations would be issued with "daily" or "reasonable time" compliance factors. Mayor Randels said this issue was already addressed in Section 2 -287, Repeat Violations. Additionally, the code enforcement officer has a reasonable amount of discretion in dealing with repeat offenders. In response to Ms. Roberts question regarding payments of fines, Mayor Randels stated that the procedure was spelled out in Section 2 -289 which was adopted and has been a part of the City's code for three years. In response to Ms. Roberts question regarding back -up for all the items except "alarm systems ", the city manager responded that he had provided council with the existing codes that had penalties assigned to them. However, he was recommending that alarm systems be removed because there was an existing code that addressed this issue. The city manager acknowledged that council should have received a copy of Chapter 34 -14, which addressed multiple issue items. Mayor Randels proceeded to "garage sales ". Following discussion and input from the code enforcement officer, City Council concurred that "garage sales" be included in the proposed ordinance. Mayor Randels proceeded to "swimming pool enclosures ". It was clarified that "enclosure" referred to a protective barrier around the pool. Following discussion and input from the building official and code enforcement officer, City Council concurred that "swimming pool enclosures" be included in the proposed ordinance. Mayor Randels proceeded to "numbering of buildings ". The city attorney said this included numbering of buildings and property, establishing a numbering system and maintenance of the numbering system. The city attorney confirmed for Ms. Roberts that the City had an established numbering system which was overseen by the building official. Following input from the code enforcement officer, City Council concurred that "numbering of buildings" be included in the proposed ordinance. The city manager and city attorney recommended that Article I, Bees, and Article III, Sea Turtles, be included in the proposed ordinance and tabling Article 11, Adoption of the county's animal control ordinance. Mayor Randels returned to the elements contained within "environment ". Lt. Ludwig stated the deputies needed an affidavit in order to cite a noise violation. The city attorney stated there were two different standards: the reasonableness standard which was more subjective and the decibel type standard which was far more objective, but more difficult to establish. He explained the lengthy procedure required in order to prepare a decibel standard ordinance. There was concurrence that the City should utilize reasonableness standard for the noise element. Ms. Roberts asked about odor /air quality; Ms. Alexander replied this was defined in Section 34 under the definition of nuisance as "everything that endangers life or health and is offensive to the senses ". City Council concurred that "environment" be included in the proposed ordinance. Mayor Randels proceeded to "resort dwellings; illegally renting ". Mr. Boucher stated that the illegal renting of a resort dwelling would be a violation of the zoning code and would count as a strike against the property owner. Mr. Hoog asked if the renter caused a problem on the property of the resort dwelling, who would receive the citation - the renter or the property owner. Mr. Boucher said the renter would receive a ticket and if the council enacted the Chronic Nuisance Ordinance that would be a strike against the owner of the unit, as well. Debate followed regarding this being included in the Civil Citation Program or falling within the Resort Dwelling ordinance. Mr. Boucher clarified that discussion was on IL civil citations and resort dwelling units. The resort dwelling ordinance was just enacted (unlawful to operate that type of use without obtaining all the licenses and certificates). Currently, the code enforcement officer proceeded through the lengthy code enforcement process. Adoption of the civil citation code would simplify the process for the code enforcement officer; a warning could be issued followed by issuance of a ticket. Mayer Randels summarized that the question was: can the code enforcement officer make the same application to a resort dwelling that is operating illegally as she does for an illegal garage sale? Mr. Boucher said the council would have the opportunity to identify the types of properties that should be held accountable in the chronic nuisance ordinance and clarified that the resort rental issue was a zoning citation specifically applying to the violation of the 7 -day rental requirement. Ms. Roberts asked if the list of items in the Chronic Nuisance Ordinance was being used as a source of what issues were being selected for receiving citations. Mr. Boucher said, no, and reiterated that the whole purpose of the Civil Citation program was to help the code enforcement officer expedite the most common prevalent issues in order to obtain immediate compliance. The chronic nuisance ordinance was based on frequency of events occurring on a property and violators would be prosecuted either by the BCSO or Code Enforcement. Mr. Hermanson, Residence Inn, opined if the City's goal was to mitigate and prosecute in an expedient manner the most recurring nuisances, then he would recommend that the City only adopt the Civil Citation program; thereby, giving the code enforcement officer additional "ammunition" to cite the individual creating the nuisance. Mr. Petsos asked about the renter who shoots off fireworks at a resort rental week after week. If the renter were to be cited, how would the property owner be held accountable. The rationale for the chronic nuisance ordinance was because of the nuisance properties within the city. Mayor Randels opined that the owner of the nuisance property needed to be held accountable. Discussion followed regarding the difficulty in applying these ordinances fairly across the board throughout the City. It would not be equitable to apply the standard for a single family dwelling unit to that of the hotels with many units. Ms. Roberts opined it was incumbent upon the property owners to educate visitors /renters of certain unacceptable behaviors. Mayor Randels asked if there was consensus of the council to authorize the code enforcement to cite property owners who were illegally renting their units, utilizing the Civil Citation Code, which would result in a $500 fine because it was a Class IV violation. Ms. Roberts voiced her concern that resort dwellings were safety related issues and she did not feel the $500 fine was severe enough; she believed the establishments should be shut down. Mr. Petsos opined that the Civil Citation Code gave the City the tool to cite the owners immediately and if they continued to rent illegally, the owners would be brought before the Code Enforcement Board and a lien would be placed on their property. He felt the eight items that were discussed this evening were a good way to start the Civil Citation program. The majority of City Council agreed. Mr. Boucher remarked that first reading on the Civil Citation Code would be 10/2/07 with second reading on 10/16/07. He said staff was comfortable with the eight violations and this program would help them expedite how they conduct code enforcement. He said it may need to be tweaked in the future. Council asked the city manager to bring the Civil Citation Code forward for first reading on 10/2/07. Mayor Randels said the proposed ordinance, if necessary, could be "wordsmithed" at that time. Ms. Roberts asked if it could be made clear on the civil citation side that each of the offenses where a citation IL was issued would go towards a strike on the chronic nuisance side. Mr. Garganese said Mr. Roberts' concern was covered under chronic nuisance; if a citation were issued, the individual would receive a strike. Under definition of incidence of service, the fact that a citation was issued at a particular piece of property is a strike. Ms. Roberts stressed the importance of cross - referencing both ordinances for clarity. 2. Chronic Nuisance Code This was recommended by the Code Enforcement Board on June 25, 2007. Mayor Randels summarized that the council and P &Z had reviewed and commented on the calls for service information provided by the Sheriff's Department at the last workshop and stated the intent of the proposed ordinance was to impose the financial burden on the property owner as a result of repeat law enforcement/code enforcement responses to said property. The agenda packet contained a draft of the proposed ordinance dated 7/31/07, a copy of the City of Sanford's ordinance, and Calls for Service reports on three commercial establishments and three residential establishments that council had requested from the Sheriff's Department. Mayor Randels reminded that the City did not want to discourage a hotel or resident from calling when there was a need because they were fearful of making that third call. Mayor Randels reminded that the problems caused by resort dwellings; such as noise and parking for the neighbors was the reason this ordinance was being proposed Mayor Randels summarized Lt. Ludwig's findings on the Radisson, Cape Caribe and Country Inn & Suites from 1/1/06 to 7/19/07. Mayor Randels did not feel that any internal calls generated from these establishments should be counted as going against the properties; the City wanted the Sheriff's Department to respond to any internal calls. He did not feel there was a problem with the above three establishments that the City was attempting to regulate. Lt. Ludwig summarized his findings on Genie by the Sea, 404/406 Tyler Avenue for City Council, Discussion followed regarding the inclusion of external calls only in the proposed ordinance; the need to look at a higher level of calls per year for businesses and condos; apply the ordinance, where needed (certain areas of the City were the cause of problems). Mr. Hoog was concerned that the proposed ordinance would penalize the property owner. As an example, he said a call for service to a particular address regarding prostitution or drugs may be initiated by a neighbor and the property owner would be the individual who would be penalized. He did not feel that was fair and opined that the Civil Citation Ordinance would be effective. Mr. Hoog did not feel that the limited number of external residential calls for service reflected on the Sheriffs report justified enacting this ordinance. Mr. Grandlich pointed out that the problem was really economic; low rent areas within the City caused the problem. Ms. Roberts opined that the reason for this ordinance was to improve the quality of life for all the residents. Mayor Randels opined that the problems associated with the resort dwellings were behind this proposed ordinance and, perhaps, the chronic nuisance ordinance may not be necessary now. Results were being seen as a result of the Resort Dwelling Ordinance and perhaps there was only a need for the Civil Citation Ordinance. Ms. Roberts disagreed and felt there was a need for the chronic nuisance ordinance. The City needed to be sensitive to the residential communities that abut commercial communities and she does not want to diminish the significance of a residential community that is next to a commercial establishment. 1 • Discussion followed: put both the Civil Citation Ordinance and the Resort Dwelling Ordinance in place 1 and evaluate after six months. Mr. Russell stated that just the threat of a nuisance ordinance being put in place may be enough. Council agreed to continue working this issue and requested that staff obtain a"frequency of calls, small vs. large properties",from the Sheriff's Department for the next workshop meeting. Mayor Randels acknowledged Roger Dobson as recipient of Entrepreneur of the Year. Mr. Boucher announced Code Review next Tuesday at 5:30 pm. First reading of the Civil Citation Ordinance was scheduled for first reading on 10-2-07. Meeting adjourned at 8:30 pm. Kim M. McIntire,Recording Secretary i 1 3