12-05-00 v CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
• DECEMBER 5, 2000
Call to order: PRESENT: Curtis Sanders, Chairman
Tami Deitchman
Richard Mann
Karl W. Grunewald
Robert Etheridge
James Pelkey
AND: Alex Sherrer, Code Enforcement Officer
Patti Kotchkowski, Secretary
ABSENT: E.T. Fernandez, III
The meeting was called to order at 7:30 p.m. by Chairman Curtis Sanders, followed by the
Pledge of Allegiance to the Flag.
1. The Secretary read the roll, finding that Board Member E. T. Fernandez, III was
absent.
2. Approval of the Minutes of the Regular Meeting held on September 12, 2000.
Following a brief review of the Minutes of the September 12, 2000 meeting, a motion
was made by James Pelky, seconded Tami Deitchman, and unanimously carried to
approve the minutes as presented.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
There were no visitors or guests present at the meeting.
4. Unfinished Business:
A. Follow-up on Case No. 00-8878 - Hattie L. Tillman, 64 Jackson Road
(RE#172041-0000). Violation of Chapter 12, Section 12-1-7, abandoned
vehicles.
Code Enforcement Officer Sherrer informed the Board that he had been unable to determine
if Ms. Tillman had paid the administration fees. This matter is being investigated by the
finance department and the system of tracking such payment is being revamped.
Mr. Sherrer indicated that since no liens were posted against Ms. Tillman's property he was
• assuming that payment has been made .
B. Follow-up on Case No. 00-8985 -J. Malcolm Jones, 161 Beach Ave.
• (RE#170215-0000). Violation of Chapter 24, Section 24-157(a),
violation of height limitations for fences.
Code Enforcement Officer Sherrer summarized this case which involved a fence
that exceeded the six foot high limit. Mr. Jones had applied for a variance and
the variance was denied. The case came back to the Community Development
Board and Mr. Jones was asked to reapply because he had additional information
to provide. The Board agreed to reconsider his case, and this matter will be heard
in January, 2001.
5. New Business:
A. Vote to petition the City Commission for change to Animal Citation
Code. Request for Animal Citation hearings be held by county court
instead of by the Board.
At the last meeting the board discussed whether or not they wanted to continue to
hear Animal Citations or have them to go to County Court. The City Manager has
asked that the Code Enforcement Board vote on which way they want these cases
to be heard so that he can present the recommendations of the board to the
Commission so that the City Commission can then direct the City Attorney to
draft the appropriate changes to the City Code.
•
Following a brief discussion; on a motion properly made and seconded the board
voted unamimously to send the Animal Citations hearings to the county court.
Code Enforcement Officer Sherrer distributed and reviewed the November Code
Enforcement Monthly Report. He also distributed a Advisory Legal Opinion on
the City of Fernandina Tree ordinance, for informational purposes.
New Code Enforcement Secretary Patti Kotchkowski was introduced.
6. Board Member Comments:
Richard Mann expressed concern regarding gang graffiti and Alex Sherrer said he
would convey his concerns to the Police Chief.
7. Adjournment
There being no further discussion or business s come before the Board, the
meeting adjourned at 8:00 P.M.
dir -
Curtis Sanders, Chairman
Code Enforcement Board
Patti Kotchkows i - Secretary
Ili
Florida Attorney General Page l of 7
Advisory Legal Opinion
Number: AGO 2000-53
Date: September 15, 2000
Subject: Municipalities, enforcement of tree ordinance/fine
Mr. Wesley R. Poole
Fernandina Beach City Attorney
Post Office Box 1280
Fernandina Beach, Florida 32035
RE: MUNICIPALITIES--ORDINANCES--FINES--CODE ENFORCEMENT--
enforcement of tree ordinance and reasonableness of fine .
Ch . 162 , Fla. Stat.
Dear Mr. Poole:
• You have asked for my opinion on substantially the following
question:
Is the City Commission of the City of Fernandina Beach
authorized to adopt and enforce an ordinance pursuant to
section 162 .21 , Florida Statutes , prohibiting the removal of
trees without a permit with a penalty of $12 ,500 or more for
violation of that ordinance?
In sum:
The City of Fernandina Beach is authorized to utilize
enforcement mechanisms other than section 162 .21 , Florida
Statutes , to enforce a "tree ordinance" with a penalty
greater than that set forth in section 162 .21 , Florida
Statutes . For example, Part I , Chapter 162 , Florida
Statutes , currently authorizes municipalities to assess
fines of up to $15,000 for municipal code violations if the
violation is found to be irreversible or irreparable in
nature .
A number of Florida municipalities, including Tallahassee
and Gainesville, currently enforce ordinances regulating the
III
removal of trees . [1] You have advised this office that the
City of Fernandina Beach is considering the adoption of a
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Page 3 of 7
0 - '
court concluded that a city could utilize the code
enforcement board scheme of Chapter 162 , Florida Statutes ,
111/ and prosecute municipal code violations in county court. As
the court recognized, u [t]he Legislature has provided that
the code enforcement board procedure is supplemental to
other means of securing code compliance. " [5]
Thus, a municipality has several options for enforcement of
municipal code violations : the code enforcement board
mechanisms in Parts I and II, Chapter 162 , Florida Statutes ,
interlocal agreement, direct enforcement through the county
courts , and combinations of these methods . [6]
You have advised this office that the City of Fernandina
Beach currently prosecutes violations of municipal
ordinances exclusively through use of the procedures in Part
II , Chapter 162 , Florida Statutes . Part II, Chapter 162 ,
Florida Statutes , authorizes municipalities to designate
employees or agents as code enforcement officers whose duty
is to enforce codes and ordinances enacted by the
municipality. [7] Under these supplemental procedures , the
city designates a code enforcement officer who is authorized
to issue citations for civil infractions in violation of
duly enacted code or ordinance provisions . [8] These charges
4110 are reviewed by the county court rather than by a
municipally created code enforcement board. [9] As provided
in this part:
" (5) A county or a municipality is authorized to enforce
codes and ordinances under the provisions of this section
and may enact an ordinance establishing procedures for the
implementation of such provisions , including a schedule of
violations and penalties to be assessed by code enforcement
officers . If a county or municipality chooses to enforce
codes or ordinances under the provisions of this section,
each code or ordinance or the ordinance enacted by the
county or municipality establishing procedures for
implementation of this section shall provide :
(a) That a violation of a code or an ordinance is a civil
infraction.
(b) A maximum civil penalty not to exceed $500 .
(c) A civil penalty of less than the maximum civil penalty
if the person who has committed the civil infraction does
not contest the citation.
(d) For the issuance of a citation by a code enforcement
officer who has reasonable cause to believe that a person
has committed an act in violation of a code or an ordinance.
• (e) For the contesting of a citation in county court.
(f) Such procedures and provisions as are necessary to
provide for the enforcement of a code or an ordinance under
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code enforcement board or special master in determining the
amount of fines, including, but not limited to, those
factors set forth in paragraph (b) . "
111/
While the City of Fernandina Beach is not required to
utilize Part I , Chapter 162 , Florida Statutes , to enforce
its "tree ordinance, " these provisions may provide some
guidance in crafting an enforcement mechanism for the city.
In sum, it is my opinion that the City of Fernandina Beach
is authorized to utilize enforcement mechanisms other than
section 162 .21 , Florida Statutes, to enforce a "tree
ordinance" with a penalty greater than that set forth in
section 162 .21 , Florida Statutes . Further, because Chapter
162 , Florida Statutes, currently authorizes municipalities
to assess fines of up to $15, 000 for municipal code
violations, I cannot say that a court would determine that a
fine of $12 ,500 would be clearly unreasonable.
Sincerely,
Robert A. Butterworth
Attorney General
Ill RAB/tgh
[1] See, e. g. , Tallahassee Code of Ordinances , Part II ,
Chap. 15 , Art. I , s . 15-6, "Defacing . . . trees" ; Chap. 24 ,
s . 24-4 , "Protection of Trees from Construction Work" ;
Gainesville Code of Ordinances , Part II , Chap. 2 , Art. V.
Division 13 , relating to the tree advisory board; Chap. 16 ,
Art. III , "Perilous Land Code" ; Chap. 23 , Art. IV,
"Construction of Sidewalks , Curbs and Gutters" ; and Chap.
30 , "Land Development Code. "
[2] See, Ops . Att'y Gen. Fla. 85-84 (1985) (municipal code
enforcement board must find that same violation has been
repeated by same violator before a fine for each day the
repeated violation occurred past the date set for compliance
may be imposed by the board) ; 79-109 (1979) (governing body
of charter county prohibited in absence of statutory
authorization from providing by ordinance for imposition of
civil penalties by agencies) ; Broward County v. Plantation
Imports, Inc. , 419 So . 2d 1145 (Fla. 4th DCA 1982) (holding
1111
that the provisions of a county ordinance authorizing
assessment of penalties by county agency was
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,I M'N'':;: CODE ENFORCEMENT INVESTIGATION REPORT FOR NOVEMBER 2000
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Jul-00
CALL INS 1 18 0 0 0 1 2 5 1 10 3 0 1 1 43
CE IDENTIFIED 9 4 0 0 0 6 7 2 0 11 15 1 0 0 55
TOTALS 10 22 0 0 0 7 9 7 1 21 18 1 1 1 98 62 36 0
Auq-00
CALL INS 2 6 3 1 0 2 4 11 4 8 0 0 1 0 42
CE IDENTIFIED 6 14 0 3 189 3 14 14 1 16 22 2 0 0 284
TOTALS 8 20 3 4 189 5 18 25 5 24 22 2 1 0 326 299 27 0
Sep-00
CALL INS 0 4 4 1 0 2 0 1 4 3 0 0 0 0 19
CE IDENTIFIED 1 14 0 28 182 14 8 1 0 7 0 2 0 0 257
TOTALS 1 18 4 29 182 16 8 2 4 10 0 2 0 0 276 229 47 0
Oct-00
CALL INS 11 7 3 0 0 5 0 9 3 6 2 0 0 0 46
CE IDENTIFIED 3 19 0 0 147 7 5 3 0 15 8 1 0 1 209
TOTALS 14 26 3 0 147 12 5 12 3 21 10 1 0 1 255 186 68 3
Nov-00
CALL INS 1 2 2 1 2 4 1 3 4 2 1 0 0 0 23
CE IDENTIFIED 0 4 1 0 342 16 1 1 0 11 14 0 0 3 393
TOTALS 1 6 3 1 344 20 2 4 4 13 15 0 0 3 418 404 44 2
2000 TOTAL
CALL INS 15 37 12 3 2 14 7 29 16 29 6 0 2 1 173
CE IDENTIFIED 19 55 1 31 860 47 35 21 1 60 59 6 0 4 1199
34 92 13 34 862 61 42 50 17 89 65 6 2 5 1372 1326
0 111, 0