CITY OF WILLISTON

BOARD OF ADJUSTMENT AND CODE ENFORCEMENT AGENDA


DATE: TIME: PLACE:

July 27, 2020 6:00PM

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City Council Chambers


BOARD OF ADJUSTMENT/CODE ENFORCEMENT COMMITTEE MEMBERS:

Sharon Brannan, Chair Staff

Vacant Jackie Gorman, Community Dev & Grants Mgr.

Colette Roth Laura Jones, Secretary

Marc Pompeo Wayne Carson,. Code Enforcement Officer

David Ragland Frederick Koberlein, City Attorney Paul Missall

PamMyhree


BOARD OF ADTUSTMENP


  1. CALL TO ORDER


  2. PLEDGE


    1. ROLLCALL


    2. GENERAL WELCOME


    3. SECRETARY - BOARD MEMBER TERM UPDATE


    4. APPROVAL OF AGENDA


    5. APPROVAL OF MINUTES

      1. AUGUST 26, 2019 & DECEMBER 23, 2019


    6. REMARKS OF STAFF OR ATTORNEY


    7. REMARKS OF CHAIRMAN


    8. SWEAR IN - BOARD SECRETARY

-NEXT MEETING -AUGUST 24, 2020


NOTICE:

IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

BACE Members an::! Terms


Name

Term Begin

Term Ends

Sharon Brannon - Chair

10/1/2016

9/30/2019

Marc Pompeo

1/5/2016

1/5/2019

Paul Missall

10/18/2016

10/18/2019

Pam Myhree

9/30/2015

9/29/2019

David Ragland

6/4/2019

6/4/2021

Colette Roth

10/1/2016

9/30/2019

Vacant



3 Year Terms Missing a Vice-Chair

Elections of officers shall be held in October of each year or as soon thereafter as practicable. Officer nominations shall be made by motion from voting members and the election shall be held by major ft y of members.


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CITY OF WILLISTON

BOARD OF ADJUSTMENT AND CODE ENFORCEMENT MINUTES


DATE: TIME: PLACE:

August 26, 2019

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6:00 PM

City Hall Council Room


BOARD OF ADJUSTMENT /CODE ENFORCEMENT COMMITTEE MEMBERS:

Sharon Brannan, Chair Staff

Vacant Latricia Wright, Secretary of the Board

Colette Roth Wayne Carson, Code Enforcement Officer

Marc Pompeo Frederick Koberlein, City Attorney David Ragland

Paul Missall Pam Myhree


CALL TO ORDER AGENDA PLEDGE

  1. ROLL CALL -


  2. GENERAL WECOME NOTICE BY CHAIRMAN

  3. APPROVAL OF AGENDA


  4. APPROVAL OF MINUTES - Vice President Marc Pompeo moved to approve minutes as written. David Ragland seconded. Motion carried.

    1. JULY 22, 2019 -


  5. REMARKS OF STAFF OR ATTORNEY --None


  6. REMARI(S OF CHAIRMAN -None


  7. CITY STAFF SWORN BY SECRETARY - Swore in code Enforcement Officer Wayne Carson and Swore in property owner Bernard Simmons.


  8. CASES READ FOR CLOSURE BY SECRETARY - NONE


    NOTICE:

    IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

    CITY OF WILLISTON

    BOARD OF ADJUSTMENT AND CODE ENFORCEMENT MINUTES


  9. REPEAT NON-COMPLIANCE HEARING-


    1. CV19-11 SIMMONS


      1. Property Owner:

      2. Property Address:

      3. Non Compliance Notice from City:

      4. Deadline for Compliance:

      5. Date Hearing Notice Mailed:

        Bernard Simmons 301 SE 7th Ave.

        August 16, 2019 Immediately August 16, 2019


        Board member David Ragland recused himself from voting, Form 8B completed by Mr. Ragland.


        In BACE Case #CV19-11, Marc Pompeo move to fmd the Respondent guilty of the repeat violation as set forth in the Notice of Violation and fme that the violation is still in non-compliance based on the health and well-being and moved to fme the respondent $25 per day until property comes into compliance. Plus Administrative Fees in the amount of $250 due to be paid in 30 days or less. Paul Missall seconded. Motion carried.


  10. NON COMPLIANT CASE(S) - NONE


  11. REDUCTION HEARING - NONE


  12. OLD BUSINESS- Chair Brannan reminded evetyone there is a vacant seat on the board and to report to the board if they know of someone wanting to serve.


    NOTICE:

    IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

    CITY OF WILLISTON

    BOARD OF ADJUSTMENT AND CODE ENFORCEMENT MINUTES

  13. NEW BUSINESS-- NONE


  14. ADJOURN - Paul Missal moved to adjourn the meeting. Pam Myhree seconded. Motion carried. Meeting adjourned at 6:39 p.m.


-NEXT MEETING -SEPTEMBER 23, 2019


NOTICE:

IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

CITY OF WILLISTON

BOARD OF ADJUSTMENT AND CODE ENFORCEMENT MINUTES


DATE: TIME: PLACE:

December 23, 2019

6:00 PM

City Council Chambers


BOARD OF ADJUSTMENT /CODE ENFORCEMENT COMMITTEE MEMBERS:

Sharon Brannan, Chair Staff

Vacant Latricia Wright, Secretary of the Board

Colette Roth Wayne Carson, Code Enforcement Officer

Marc Pompeo Frederick Koberlein, City Attorney David Ragland

Paul Missall Pam Myhree


CALL TO ORDER at 6:00 p.m.


AGENDA


PLEDGE-led by Chair Brannan


  1. ROLL CALL - Paul Missall excused


  2. GENERAL WECOME NOTICE BY CHAIRMAN


  3. APPROVAL OF AGENDA - Pam Myhree moved to accept the agenda as written. Vice-chair :?ompeo seconded. Motion carried.


  4. APPROVAL OF MINUTES

    1. AUGUST 26, 2019 (WILL HAVE AT NEXT MEETING)


  5. REMARKS OF STAFF OR ATTORNEY --None


  6. REMARI<S OF CHAIRMAN - One board opening. If anyone has someone in mind, please let Latricia know .


  7. CITY STAFF SWORN BY SECRETARY - Swore in code enforcement Officer Wayne Carson.


    NOTICE:

    IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

    CITY OF WILLISTON

    BOARD OF ADJUSTMENT AND CODE ENFORCEMENT MINUTES

  8. CASES READ FOR CLOSURE BY SECRETARY - NONE


  9. REPEAT NON-COMPLIANCE HEARING-


    1. CV19-13 GANESH! PROPERTY


      1. Property Owner:

      2. Property Address:

      3. Non Compliance Notice from City:

      4. Deadline for Compliance:

      5. Date Hearing Notice Mailed:

        Ganeshi Property, LLC 606 W. Noble Ave.

        December 12, 2019 Immediately December 12, 2019


        STAFF RECOMMENDATIONS


        In BACE Case #CV19-13, I Marc Pompeo move to fmd the Respondent (and/or additional responsible party) guilty of the repeat violation(s) as set forth in the Notice of Violation and fmd that the violation(s) have been corrected prior to this hearing and fmd the Respondent responsible for Administrative Fees in the amount of

        $250.00. Pam Myhree seconded. Motion carried.


  10. NON COMPLIANT CASE(S) - NONE


  11. REDUCTION HEARING - NONE


  12. OLD BUSINESS- NONE


  13. NEW BUSINESS--


A. ADJOURN - Marc Pompeo moved to adjourn the meeting at 6:30.


-NEXT MEETING-JANUARY 27, 2020


NOTICE:

IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY 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.

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RESOLUTION 2020-36


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A RESOLUTION OF THE CITY OF WILLISTON, LEVY COUNTY, FLORIDA, BOARD OF ADJUSTMENT/CODE ENFORCEMENT BOARD OF THE CITY OF WILLISTON, FLORIDA; GRANTING WITH APPROPRIATE CONDITIONS AND SAFEGUARDS, A GENERAL VARIANCE TO ARTICLE VI, RESIDENTIAL SINGLE­ FAMILY DISTRICT, SECTION 60-217 MINIMUM YARD REQUIREMENTS REDUCING THE REQUIRED FRONT YARD SETBACK FROM 35' TO 22.2' FOR PROPERTY DESCRIBED HEREIN.


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WHEREAS, the City Council of the City of Williston, Florida, did on May 7, 2002 validly approve the Land Development Regulations; and


WHEREAS, Chapter 46 of the City of Williston Land Development Regulations, as amended, empowers the Board of Adjustments/Code Enforcement Board of the City of Williston, Florida, to grant with appropriate conditions and safeguards or to deny general Variances; and


WHEREAS, a petition, Variance 2020-01, for a general variance, has been filed; and


WHEREAS, the Board of Adjustment is empowered to grant a general variance to the provisions of Chapter 60, Section 217 (Minimum Yard Requirements); and


WHEREAS, pursuant to the Land Development Regulations, the Board of Adjustmen-: held the required public hearing, with public notice having been provided on said petition for a general variance, as described below, and considered all comments received during said public hearing; and


WHEREAS, the Board of Adjustment has determined and found that with appropriate conditions and safeguards a petition for a general variance, as described below, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare; and


WHEREAS, the Board of Adjustment has determined and found that the general variance is generally compatible with adjacent properties, other property in the district and natura resources; and


WHEREAS, the Board of Adjustments, has determined and found that:


  1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

  2. The special conditions and circumstances do not result from the actions of the applicant.

  3. Granting the variance requested will not confer on the applicant any special privilege that is denied by these land development regulations to other lands, buildings, or structures in the same zoning district.

  4. Literal interpretation of the provisions of these land development regulations would deprive the applicant the rights commonly enjoyed by other properties in the same zoning district under the terms of these land development regulations and will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of these land development regulations would result in unnecessary and undue hardship on the land.

  5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.

  6. The grant of the variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of these land development regulations would result in unnecessary and undue hardship on the land.


NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT /CODE ENFORCEMENT BOARD OF THE CITY OF WILLISTON, FLORIDA, THAT:


Section 1. Pursuant to a petition, Variance 2020-01, by the City of Williston, Florida for Paul Roth requesting a variance to Article VI, Residential Single-Family District, Section 60-217 Minimum Yard Requirements is approved, therefore reducing the required front yard setback from 35' to 22.2' for property described as follows:


Lot 7, Block B, CAMEL IA PLANTATION, PHASE 2, according to the plat thereof recorded in Plat' Book 10, Page 25, Public Records of Levy County, Florida.


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Section 2. Severability. If any provision or portion of this Resolution is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this Resolution shall remain in full force and effect.


Section 3. Effective Date. This Resolution shall become effective immediately upon approval by the Board of Adjustment/Code Enforcement.

PASSED AND DULY ADOPTED, with a quorum present and voting by the Board of Adjustment of the City of Williston, Florida, this 27th day of July 2020.


ATTEST: BOARD OF ADJUSTMENT/CODE ENFORCEMENT OF THE CITY OF WILLISTON


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Laura Jones Secretary


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Fred Koberlein, City Attorney

Sharon Brannan

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Chairman

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] L - Variance Application 2020-01; an application by the City of Williston

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requesting a Variance to Article VI, Residential Single-Family District, Section 60-217 Minimum Yard Requirements reducing the required front yard setback from 35' to 22.2' for property described as follows:


Lot 7, Block B, CAMELLIA PLANTATION, PHASE 2, according to the plat thereof recorded in Plat Book 10, Page 25, Public Records of Levy County, Florida.

Applicant: CITY OF WILLISTON


Project: New Single-Family Residence


Public Hearings: Board of Adjustment- Monday July 27, 2020 6:00 PM


LOCATION MAP/AERIAL PHOTOGRAPH



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SUMMARY


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The existing Camellia Plantation, Phase 2 was annexed in 2005 and consists of26. l 70 acres. Since the property was aimexed, the City failed to assign a Zoning designation that has led to several issues with setbacks. Cu1Tently we have a situation concerning a new home that does not meet the required 35' setback. During the site plan review, information in the Camellia Plantation file lead staff to believe the property was zoned Rl-A which has 30' setback requirements. It wasn't until later it was discovered that the plat required 35' which is the setback requirement for R-1 Zoning. After further research we found that an Ordinance was never adopted giving this development a zoning designation and the new home was non-compliant since it did not meet the required setback of 35'. Camellia Plantation Phase 2 Rezoning to R-1 was approved on June 16, 2020.


The existing land use is residential. Camellia Plantation Phase 2 cunently meets the minimum requirements for R-1 zoning.


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Staff Recomme11dation:


Approval to reduce the required setbacks for R-1 Zoning from 35' to 22.2' for Lot 7, Block B, CAMELLIA PLANTATION, PHASE 2, according to the plat thereof recorded in Plat Book 10, Page 25, Public Records of Levy County, Florida.


2

I. VARIANCE:


(1) Variance Application No. VAR 2020-1; Paul Roth -100 SW 9t 1 1 Street- an application by the City of Williston requesting a Variance to Article VI, Residential Single-Family District, Section 60-217 Minimum Yard Requirements reducing the required front yard setback from 35' to 22.2' for property described as follows:


Lot 7, Block B, CAMELLIA PLANTATION, PHASE 2, according to the plat thereof recorded in Plat Book 10, Page 25, Public Records of Levy County, Florida.


CODE ENFORCEMENT BOARD


  1. CASES READ FOR CLOSURE BY SECRETARY -


    Closed cases report attached


  2. REPEAT NON-COMPLIANCE HEARING- NONE


  3. NON-COMPLIANT (NEW) CASE(S) -


    Attached list


  4. REDUCTION HEARING - NONE


  5. OLD BUSINESS- NONE


  6. NEW BUSINESS--


    1. New Code Enforcement Cases - Report (no hearings)

    2. Chapter 48 revisions

    3. Process for Foreclosing on Liens


  7. ADJOURN


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CODE ENFORCEMENT

BOARD

BACE Case Summary for July 27, 2020 Board Meeting


Open Cases


CV20-01 - Pesso


Unpermitted work. Stop work order drafted by Building Official. CV20-04 - Zettler

Excessive growth, no response. Letter sent to new residence out-of-state. First Approaches

CV20-04 - Duenas excessive growth, unregistered vehicles) CV20-05 - CVS (accumulation of material in retention pond) CV20-06 - CXS (Excessive growth)

CV20-07 -Walgreens (trash container in parking space)


Closed Cases


None

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City of

WILLISTON

FLORIDA


50 NW Main St., PO Drawer 160, Willison, Florida 32696-0160

Phone (352) 528-3060- Fax (352) 528-2877


July 21, 2020


TO: Board of Adjustment/Code Enforcement Board


FROM: Jackie E. Gmman, Community Development & Grants Manager


SUBJECT: Chapter 48 - Review of Revisions and Recommendation to Planning Commission


Attached you will find a Revised version of Chapter 48, Maintenance Standards of Buildings, Structures and Lands. Understanding that the Board put in a considerable amount of time on this section of the Code, and understanding that it was not adopted due to the amount of restrictions placed on the property owners, we took the liberty of "softening" these standards to reflect the need to have something in the code that would address abandoned/dangerous buildings.


We have also attached a timeline spanning over one year that demonstrates the amount of time and effort you put into this document that should not be ignored. If we read the minutes c01Tectly some of the citizens felt that the re-write was too restrictive. If you would take a look at the revisions, we feel this would be a good start in authoring a document that the City can embrace as we move forward with not only our revitalization efforts but for the safety our citizens.


Please take time to review the re-write. We don't expect to have a recommendation until the August meeting. At that time, we will hear recommended changes and present them to the Planning & Zoning Board for their input. Afte1wards we can take the document to the Council with recommendations for approval.


Thanks to all who worked on Chapter 48. It's a good foundation for moving forward!


The mission of the City of Williston is to offer an efficient affordable and safe place to live, work and play.


Mayor- Jerry Robinson I President- Charles Goodman Vice President- Justin Head

Council members/ Marguerite Robinson - Elihu Ross-· Debra Jones


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Chapter 48 - Maintenance of Buildings, Structures and Lands 2020J1c1ly 13, 2020

Draft Date: July 20,


Chapter 48 - MAINTENANCE STANDARDS for BUILDINGS, STRUCTURES AND LANDS

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Contents

Sec. 48-1 Declaration of Intent. ....................................., 1

Sec. 48-2 Enforcement. 2

Sec. 48-3 Conditions Required for Entry 2

Sec. 48-4 Notice of Violation 3

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Sec. 48-5 Hearings 14

Sec. 48-6 Right of Appeal............................................................................................................}4

Sec. 48-7 Confonning Standards for Buildings and Structures ...................................................§. Sec. 48-8 Confonning Stand ards for Lands 28

Sec. 48-9 Unsafe or Hazardous Building, Structure or Land, ...................................................1.Q9 Sec. 48-10 Condemned Strnctures: Dilapidated or Unreasonable to Repair ..........................Jl-Hl Sec. 48-11 Imminent Danger ...................................................................................................JJ..J-1.

Sec. 48-12 Time Limits............................................................................................................ H

Sec. 48-13 Penalties ................................................................................................................. .Ll_.J..4


Sec. 48-1 Declaration of Inten t,

I . In order to promote and support a high quality oflife for the residents of Williston, all buildin gs, structures and lands within the City are required to be safe to occupy and visit, be visu ally attractive by the standards of the community and a source of pride and satisfaction for residents and visitors alike.

  1. The City of Williston therefore establishes minimum conforming standards for maintenance of buildings, structures and lands within the City, defines specific prohibited conditions and provides for condemnation, demolition or removal of buildings and structures when necessary. All buildings, structures and lands with the City of Williston will exist in one or more of the categories of confom1ance to standards as defined in this Chapter and listed below:

    1. Co1ifo1·111i11g building, structure 01· laud, confonns to the maint enan cestandards described in this Chapter.

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    2. No11-co11formbtg buildi,ig, structure 01· la,id, has been cited for non-confonnance to the standards defined in th e Chapter, but none of the cited conditions is considered unsafe or hazardous as defined in this Chapter.


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      Qty of Willist on. Floricla

      Board of Adjustment and Code Enforcement

      Choptcr 48 Pngc l _Qf.15

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      Chapter 48 - Maintenance of Buildings, Structures and Lands 2020.luly 13, 2020

      Draft Date: July 20.

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    3. Unsafe 01· hazardous buildillg, strncture _or land, has been cited for non-confon11ance and one or more of the conditions cited is defined as unsafe, hazardous or unfit for human occupancy as defined in this Chapter.

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    4. Co11de11111ed: Dilapidated or U11reaso11able to Repair, is a building or structure for which repair would be unreasonable or impossible, or the cost of correction or repair of any non-confonning condition is greater than its value.

  2. Nothing herein shall prevent the City of Williston from pursuing enforcement of the required corrections or remedies to violations described herein through any means including without limitations filing for injunctive relief.

  3. It is not the intent of the City of Williston to amend the Florida Building Code or Florida Fire Prevention Code and any provision of this Ordinance in conflict with the Florida Building Code or Florida Fire Prevention Code shall be resolved in favor of the applicable Florida Building Code or Florida Fire Prevention Code requirements.

Sec. 48-2 Enforcement

Refei·ence: Code enforcement ofncers. Williston § 46-19 l

Reference: Enforcement. Williston§ 46-193 Authmized code enforcement prncedures per [F.S. § 162.01 through

§ 162.23)

Sec. 48-3 Conditions Required for Entry

Reference. Williston Chapter 48-4 as revised below,

I . Inspections. The code enforcement officer, and other authorized representatives are authorized to make such inspections and take such actions as may be required to discover violations and enforce the provisions of this Chapter.

  1. Permission fo1· Entry Required. The CiLy Bu lldi11g Official, code enforcement officer or designee may not cross any private property, enter any building, slructure, dwelling, apartment, apartment house, or premises, without first presenting proper credentials,

    requesting entry, and obtaining pem1ission from the property owner. (Reference. u.s

    Conslitulion, 4th Amendment)

    1. Ifa building, structure or dwelling is occupied by a renter or other tenant, pen11ission from the renter or tenant is not sufficient to pennit entry.

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    2. If the building, structure or dwelling is managed by a person authorized by the owner to represent the owner in the management of the property, permission of the property manager, acting on behalf of the owner, is sufficient to permit entry.


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      City of Willlst on. Florida

      Board of Ad jus tment and Code Enforcement Chapter 48

      Pngc 2_Qf15


      Chapter 48 - Maintenance of Buildings, Structures and Lands 2020July 13, 2020

      Draft Date: July 20,

    3. If the property owner cannot be located by any means available to the code enforcement officer, and the officer believes that a violation exists but cannot be verified or documented without access to the property, the officer will bring the case to the Board of Adjustment and Code Enforcement for further action.

  2. Tf entry is refused or the property owner does not respond to requests for entty, and the City of Williston has reason to believe that a serious violation exists, the City of Williston shall have recourse to every remedy provided by law, including but not limited to the provisions of

    F.S. § 933.20-933.30 (Inspection WaJTant), to secure entry.

  3. Liab ility. Any officer or employee of the city charged with the enforcement of this Chapter, acting for the city in the discharge of their duties, shall not thereby render themselves liable personally, and they are hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or penn i tted in the discharge of duties. Any suit brought against any officer or employee because of such act perfonned in the enforcement of any provision of this chapter shall be defended by the city attorney until the final tennination of the proceedings.

Sec. 48-4 Notice of Violation

Reference. Williston§ 46·193, Authmized code enforcement procedures per [F.S. § 162.21 Enforcement of ... municipal codes or ordinances]

  1. . Notice of Violation. Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the responsible person that a violation of a City code or ordinance exists at the described location and shall establish a reasonable time period within which the person must correct the violation, or obtain an extension of time from the Board of Adjustment and Code Enforcement, without imposition of fines. Such time period shall be no fewer than 5 days and no more than 60 days. [F.S. § 162.23(2)] unless the violation is a proximate cause of an unsafe or dangerous structure, unfit for human habitation or of Imminent Danger as defined in this Chapter, in which case time limits and procedure for Imminent Danger violations (Section 48-11) will apply. The Notice of Violation will include the following infonnation: [F.S. § 162.21]

    1. Date and time of issuance and the name, title and signature of the issuing officer.

    2. Add,·ess or description of the locatio11 of the prope1ty against which the citation is issued.

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    3. Name a11d address of the person, including an artificial person or limited liability partnership if applicable, who is responsible for the property cited.



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      City of Williston. Flu dda

      Board of Adjustment and Code Enforcement

      Chapter 48

      Page 3_.Qf.1 5


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      Chapter 48 - Maintenance of Buildings, Structures and Lands 2020Jlily 13, 2020

      Draft Date: July 20,

    4. The facts constituting reasonable cause to believe a City code has been violated, including a reference to the City code alleged violated.

    5. Date a11d time - l fe-l+me-b y which the alleged violation must be corrected or mitigated.

    6. Descl'iptio11. An abstract description of the process for correction or dismissal of an alleged violation of code including the power of the Board of Adjustment and Code Enforcement to subpoena witnesses and evidence, and the alleged violator's options, duties and rights.

    7. No penalty fol' timely co111plia11ce. A statement that there is no penalty when a violation is not contested and is corrected within the time allowed, including any extensions granted at the discretion of the code enforcement officer.

    8. Applicable civil penalty. A statement of the applicable civil penalty if the person fails to comply to the correct the alleged violation by the time required, including the fine(s) that may apply as long as the violation persists.

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    9. Waive,. ofl'igftts. A conspicuous statement that if the person fails to correct the alleged violation within the time allowed and subsequently fails to appear at a hearing when summoned by the Board of Adjustment and Code Enforcement or other City Board .a------ · Council to contest the citation, the person shall be deemed to have waived his or her light to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty and the City may exercise its option to pursue further injunctive relief.

    10. Boal'ding up to mitigate u11safe or da11gero11s co11ditio11. Covering of openings, windows or doors with boards or other material not intended as an architectural .feature of the structure is pem1itted as a temporary action to mitigate an unsafe or dangerous condition. It is not a pennanent repair or correction to a violation under the terms of this Section.

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  2. Notice to Appear. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period prescribed in the violation Notice, a code enforcement officer may issue a Notice to Appear at a hearing of the Board of Adjustment and Code Enforcement or other City Board or Council to answer for the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents an unsafe or dangerous condition that is a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, or for any other reason that the violation(s) should be


.city of Williston. P!orlda

Bonrd of Adjustment and Code Enforcement

Ch;mler 48

£M!t4.Qf15


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Chapter 48 - Maintenance of Buildings, Structures and Lands

2020July 13, 2QUl


Draft Date: July 20,

immediately addressed by the Board of Adjustment and Code Enforcement or other City committee or authority.

Sec. 48-5 Hearings.

Reference: Williston 46-162 Hearings before board of adjustment and code enforcement, [F.S. 162.07 Conduct of heal'ing.]

Sec. 48-6 Right of Appeal.

Reference: Williston§ 46-131 Appeals


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Cj!y of Wllliston,.F,_,l_o,.,r.1·"c"1""a' _

_ _ _

_ _ _ _

Bonrd of Adjus1111c11t and Code Enforcement Chapter 48

Page_5..Qf.15



Chapter 48 - Maintenance of Buildings, Structures and Lands 2020.luly 13, 2020


Draft Date: July 20,

Sec. 48-7 Conforming Standards for Buildings and Structures

Reference. Williston § 48-2 as revised below.

I . Scope. This Section shal I, without limitations, apply to any building, structure, or mobile home within the City of Williston.

  1. Abandoned buildings or structures that are unoccupied and no longer being maintained by the property owner are subject to the same conforming maintenance standards as all buildings and structures within the City.

    1. Boarding Up. Covering non-confo1111ing openings, windows or doors with boards or other material not intended as an architectural feature of the structure is not a pennanent repair or correction to a violation under the tenns of this Section.

  2. General Conforming Standard for Buildings and Structures. Buildings or stmctures

    shall be maintained in good repair and be structurally sound . Structural members shall be free of deterioration and shall be free from safety, health, and fire hazards, and shall not pose a hazard to public health, safety, and welfare.

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    a. Boal'di11g Up. Covering non-confonning openings, windows or doors with boards or other material not intended as an architectural feature of the structure is not a permanent repair or correction to a violation under the tenns of this Section.

    a. Requalificatio11for Cel'tijicate ofOccupa11cy. Any building or structure within the City that is intended for occupancy by humans must re-qualify for a Certificate of Occupancy if vacant and unused for more than six months. The time the building or structure is vacant and unused is measured from the day city utility services are turned off.

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  3. Unlawful building or structure: An unlawful structure is one found in whole or part to be leettte!l,-eF tealocutecl, erected, altered, or occupied contrary to law. [Williston § 44-12: Nonconfonning uses of land ... ]

  4. Building or structure requirements. The exterior ofa structure shall be maintained in good repair, so as not to adversely affect the property values, safety or guality of life of neighbors or adjacent prope1iies. It shall be strncturally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

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    1. Protective treatment: All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decaying resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.



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      City of Willist on. Florida

      Bonrd of Adjustment and Code llnforcemcnt Chapter 48

      Pago 6 of15



      Chapter 48 - Maintenance of Buildings, Structures and Lands 2020July 13, 2020


      Draft Date: July 20.

      All siding and masonry joints as well as those between the building envelope and the perimeter of windows , doors, and skylights shall be maintained weather resistant and water tighlwatertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation or mildew stains shall be removed from exterior su1faces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

    2. Stmctural 111e111be1"s: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

    3. Fo1111datio11 walls: All foundation walls shall be maintained free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.

    4. Exterio1· ,valls: All exterior walls shall be free from holes, breaks, and loose or rotting materials t-a ittta+tt t-l IQ-J*8130Fly surfaee eeat:ea-wlH!re requ irel:ke iJAWeRkleteii e11,

    5. Roofs a11d ,fraiuage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.

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      -fr-/}eetlfflli.ye./eawre.'rl-AU--ooniiees,bett--eettFSe!l;-eet:eel&,-te l'fa-ooUa--tfim,-wa,11-faemgs-a!-18

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      Stffitlar cleserative feahJres shall ee ,na-m-tamee-iR-geed-repa i-F---W*ltf! rope!'-Attekerag HuHI

      ttHl---1\M I

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      Over f1a11g exte11sio11s: All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. fft:ieBetH.urfiHHlll ofmetal or weoa shall eepr at4he

      eleme1-1ls anfHlgAAHlklooay-eH'U y--periedts-aPt3liealif»Hlf-We&U'lef-WHMg-t1lfiteFtllls-. sueh-as-pai1tt-0l'-!Ti11-,i-lm-ai:-wfoee--treG!flIBt1{,,

      l+)!) Stainvays, decks, porches a11d balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

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      tj--Chi11111eys a11d towers: All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Al-J


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      City of Williston. Plorid11

      Board of Adjnstmcn! and Code Enforcement

      Chnpter 48 Pag&.7_Qf_1 5

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      Chapter 48 - Maintenance of Buildings, Structures and Lands 2020.luly 13, 2020

      Draft Date: July 20,

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      ecl-mtrfnees af nn1:litl or weed sha fe ted fram the e!em<mts and aga.in sl de ei:-iodia-. l-iw Ue lHl-f-wenil1e1'--e01tlmg-mat$1al &;-5us h-as-ita,lm-or, i;lffi .\ar sur.faee lreattnefl-1,.

      fjg)_Ha11drails and guards: Every handrail and guard shall be finnly fastened and capable of supporting nonnally imposed loads and shall be maintained in good condition.

      k-)h) Window, skylight and door frames: Eve1y window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.

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      1. Glnei11,:,· All glazing maletials sh!HI be maintained thisfret ki1r.

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t pen/11g-wlmlow9+-e'lery--w1 ker !hall a t oo----wiooeW;-fJ!all easi ly apetHHlG-08 hele-in-13os1tie tt--by---wtttcl0w-l1afdwom -w-htin-epe1h

1Sec/-se1,ee1181--lwe in dow--and--ffiheF-O utsi<l6--01>G11ir rred-f<'IF-Yen1il« i{}lH3f I-H.t&it-abl6-feen ra!ioo-a1:eos, food sen iee ar-ees--0H+1+y-aFeas-wlter,e--it1:ocl1Hl S kt-lle--lnalueled-oF--Uilli-.ie4-in-fo0d-for- humaa--oons-1Htt()lie1·1-111·e-pmeessecl, nttu1ufaetu Fed; f)Uekaged-ei:-sterea shall b u, J*i-ed-w-i+Jt-.awroved-t ew.;-ar.:..,*>He&s-l-kefl

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hi leH1l6it,---atu l-eveFY-soFee1Hloor ,ised f. F-i-nseet-eentfel shall ha11e ll sel+-eles-ing

clevlee-in-geed-weoong---oontllH01b.&r-eeAinl-talJ-11et-be--req1ttr·eEl--wher lheH11eaA5

a1t1 reves by lhe-ooat1-0Rf'ereement--effieeref-tlpf)l'epriated go'.'e mfltl1 ey,sueh--a&

air--OOflftt1llH>r inseet rep0 llent--fflR6-;-lll:e--e1nl}le


hlight


hlight

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_____

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a:)i} Doo,·s: All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with the Florida Building Code and Florida Fire Prevention Code.

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JT) se111e11r l111rcl1111a1,s:_e Every_base111c11t hatchwayshal.1_bc maintained _to_prnvent _th e .•.-- [ Formatted: Hig

entrance ofrodents, rain and surface drainage water. Every basement window lhal is able lo open shall be supplied with rodent shields, storm windo ws or other approved protection against the cnt1y of redems.

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k) G11al'fffr;/l}HHP.1(!H1-C1tl--WilfffflW.91 EYery basemenl-wi-ndew that ie obl tltHH;l-ia-U b&-t;epplied wlt!Hedetll shields, starm wiAdews er etcher 11Wf8 W?d-t>rnteation againsl the ertliy-of-r ul Bil tefls

f'!D...Buildi11g security: Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.


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City of Willisto n, Floridn

13ourd of Adjustment and Code Enrorccment

Chapter 48

Pnge 8..Qf l 5


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Chapter 48 - Maintenance of Buildings, Structures and Lands

2020.lllly 13, 2020


Draft Date: July 20,

s:,-Domw1 Doors JJFtWiding oe ess to a awe!l-tttg-ttttt!;-f Hl OH •nli-1--l-lfftl

tfrRl1llea,lea --er-lel-8llllll ea llE!lli flpea-willH1-il eaElboU.-+ook--e0s-lg11ed-!e-aG-reae+ly.

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Of)erallle f.fem-f.Ae aide frnm whiell egFellfH laae wilhettl lhe neeel for.-k.ey&,---J;!)eGia-1 ltim wloogs-e1'--eff&H\tt(Hlhnl l-l-mv e-o--leek-411r0W--OH1e l-less---tlHHt-l-i11Glh-S llelHleaaool4 1eel.s shall be i nsla lleti--ooooH-ll H!-fl1 1 pee1Heations and a mairuaineEHil good-wefk-i r the p11rpoRtH1f'.!hls seelion , a slidin Hlll 1101 ae eoH&iEl8ftl6 RIHlWt'tllab ltH:leadb ll-lesk,

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1-}- Wihdomw-Gpe1+in,g-wtf!El1tw{;----looated-ill--WHe le-er part with IH G fee!-ilh()W)-greunEHevel--er a walking 1.1eF¥itl6-belflw-tlm t pre ·ide aeoost1 to 8 dwell H-111, rooming unit Of halt!lekeeititl-g..mil 1:hal is renl-ee,-teased-efl-fflt-sool+be eEjuiflfleEl with a window sash

+oak-i-11g-<lcwioo,

, }--IJffSem en J-l, aJe/HtlflJ.1.1-8 al*!me»l--Mkll+w trt+ut1----1wffil-ioo-aooe we!-l-i-A-g--ffi,i ffi(ffitttlg-ui+ r housekeeping 1rnit tkl!l is rol\ted, le1u1ed or lekha-14 11iweff-wiUJ ooYiees-4+la l-6001.lf&-lhe--Ht1-it&--frem----uttt1\lll1ofi¥.ea-efllry,

Sec. 48-8 Cen.fe rmlag8 Conforming Standards for Lands

Reference. Williston § 48-2 as revised below.

  1. Intent. It is the purpose of this Section to establish standards necessary to preserve neighborhood character, property values, enjoyment of property, and public safety on land located within the City of Williston.

  2. Scope. This Section shall, without limitations, apply to any land that contains a building or structure, including private residences and commercial buildings, or on any unimproved platted or unplatted lot within the limits of the City that has been cleared of native forest and zoned for residential or commercial use.

  3. General Conforming Standard for Lands. The premises shall be clean, safe, and sanitary, free from waste, junk, litter or abandoned vehicles, garbage, excessive vegetation growth, or any object or condition that would pose a threat to the public health, welfare, or safety. Effective measures shall be taken to protect against the breeding or presence on the premises ofvem1in.

  4. Specifically Prohibited Conditions. Specifically prohibited conditions for land within the City of Williston include but are not limited to:

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    a) Abrmdo11ed articles, j1111k or litter includes but is not limited to litter, debris, waste materials of any kind, dead or decaying vegetation or vegetative refuse, dead animals, used or unserviceable automobile and machinery parts, used and nonfunctional furniture


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    City of Willis ton, Floridu Board of Ad justmen t and Code Bnforcemcnt Chllpler 48

    Pago 9 gf l 5



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    Chapter 48 - Maintenance of Buildings, Stmctures and Lands

    2020July l3, 2020


    Draft Date: July 20,

    and appliances, and used and nonfunctional tools, equipment, and implements, but does not include compost piles for nonnal, personal noncommercial use.

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    ,ao_mme11tedl PA'

    l ]1 • mains

    Whor ?

    ,ao_mme11tedl PA'

    l ]1 • mains

    Whor ?

    b) U11serviceable vehicle means any vehicle required to be licensed by the state if used on public streets which emain for a period_of 30_days in such condition _that it cannot be started or moved under its own power, or in its nonnal and usual manner, without repair or the addition of parts, and/or which is unlicensed for a period of 30 days or more.

    c) Excessive growth shall mean vegetation that has overgrown buildings or structures, public rights-of-way, utility easements, sidewalks, drainage ditches, swales or streets, has


    ....--{

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    potential to become infested by pests or other dangerous creatures, jncludes_plants _that _ _.. {...._o_rm_a_t_te_d_: F_o_nt_c_ol_or_: _Re_d_ _ _ _ _ _ _ _ _ _,

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    are poisonous or toxic to humans or animals, or that present a fire or other safety hazard to the community. Weeds or grass (not including seed rods) growing to a height of greater than approximately 8 inches on any residential zoned property is defined as excessive, Weed or grass height in excess of approximately 12 inches on vacant or unused land is defined as excessive.

    1. Unprotected co11stmctio1t a11d demolitio11 debris is hazardous or nonhazardous material including, but not limited to, steel, concrete, glass, brick, asphalt roofing material, or tumber from a construction or demolition project that is not protected by a fence and easily accessible to children, vagrants or other unauthorized persons.

    2. Discarded white goods are inoperative or discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances.

    Sec. 48- 9 Unsefe9 Unsafe or Hazardous Building, Structure or Land,

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    Refcl'Cncc. Williston§ 48-2 ,·evised below.

    1. Hazardous land. Hazardous land conditions shall mean land upon which conditions exist that could create a fire hazard, unsanitaty situation, or a dangerous nuisance attractive to children; lands upon which there exist or are maintained dangerous chemicals, explosives, or other hazardous substances without sufficient protection or control of same; lands from which there emanate noxious odors or ham1ful fumes or particulates; lands upon which there exist abandoned articles or Jitter of such nature and quantity as to pose a danger to the health or safety of persons upon such lands, and lands which serve as breeding or nesting place for mosquitoes, rats, mice, poisonous snakes, dangerous wild animals, or insect vennin in such manner and to such extent as to pose an immediate danger to the public health and safety.

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  1. Unsafe building or structure: An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such


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    City of Wil liston, Floridn

    Board of Ad jus tment and Code: Enl'orcement Chapter 48

    Page 10.Qf.15


    Chapter 48 - Maintenance of Buildings, Structures and Lands

    2020July 13, 2020

    Draft Date: July 20,

    structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible and that an imminent danger to people or animals exists.

    1. Unsafe equipment: For purposes of this section, unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.

  2. Unfit for human occupancy: A structure is unfit for human occupancy whenever it is in disrepair or lacks maintenance, is unsanitary, vennin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment.

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  3. Notice requirements: Whenever the e-enfereem t...c!ffi eE Building Officia l l -s.......... . ..... . -·{ Formatted: Strikethrough, Highlight

    detem1ined that a structure or equipment is unsafe, dangerous or a structure unfit for human occupancy under the provisions of this Section, notice of citation shall be posted in a conspicuous place in or about the structure, equipment or property containing the structure or equipment and copy of the notice and citation sent to the owner of the property as listed with the Levy County Prope1iy Appraiser's Office or the Public Records of Levy County, Florida by certified mail. Evidence that an attempt has been made by mail the notice and citation as provided herein, together with the notice being posted on the structure or properly as provided herein shall be sufficient to show that the notification requirements of this Section have been met, without regard to whether or not the owner actually received notice.

  4. Prohibited access or occupancy: Any equipment, land or occupied structure under citation conditions and posted notice by the code enforcement officer that is hazardous land, unsafe equipment, an unsafe structure or unfit for human habitation according to the tenns of this

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Section must be vacated when ordered by the Building Official ,GeEle-oofereemei,t-offieeF... .. . .. { F_o_rm_a_t_te_d_: S_tr_lk_e_thr_o_ug_h_

Any person who attempts to enter upon or occupy posted land or premises or operate posted equipment, and any owner or any person responsible for the land, premises or equipment who allows anyone to occupy a posted premise or operate posted equipment is guilty of a misdemeanor.

Sec. 48-10 Condemned Structures: Dilapidated or Unreasonable to Repair

Reference. Polk County Code; Hillsborough County Code.

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I. Scope. These tenns shall, without limitations, include any lands, building, structure, or mobile home within the City of Williston.



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City of Williston, Florida

Board of Ad jus tment and Code Enforcement

Chapter 48

I'..ilgg_11.Qf_15

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Chapter 48 - Maintenance of Buildings, Structures and Lands

2020July l 3, 2020


Draft Date: lillY1Q..


  1. Definition: Dilapidated or unreasonable to repair: There shall be a rebuttable presumption that a non conforming structure shall be considered dilapidated or unreasonable to repair for the purpose of this Chapter when the value of the structure is less than the estimated cost of repairing the structure to a state where the structure complies with the Florida Building Code and the provisions of this Chapter.

    1. IVal11e of st1•uct11te: In determining the-value ofthe structure the·City shall use·the most recent value on vecord with the!Levy County Property appraiser's 0 .'fffoe unless another value is proV:icled by the Levy County Property appraiser's offioe, in which case that

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      value shall be used t_ _ _·_····· -···· · .............···-- --·-················ ...... ..... .. . ..-···{ a ommen ted ![ PA ] 1 This-·ne e,ds robe. rev sied

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      In Cost of repairs: In detennining the cost of repairs, the City shall use the cost of repairs of

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      structures as detennined by ICC Building Cost Data with local adjustments .er-r-ese h1 ioA _ ... - -{_F_or_m_a_tt_ed_:_s_trl_ke_th_ro_u-g=-h_ _ _ _ _ _ _ _ _ _,

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      of the City Counsth

  2. Condemned fo1· demolition. Any building or structure that is declared dilapidated or unreasonable to repair by the definition above may be condemned by the City Building official and demolition and removal required.

  3. Demolition and removal or repair by owner: Dilapidated or unsafe structure(s) shall be demolished and the debris removed to an authorized landfill or, at the option of the owner(s) repaired to comply to the Florida Building Code within 90 days of Notice being published pursuant to the Notice Requirements of this Section unless an extension of time has been granted or an appeal has been filed pursuant to the process in this Section.

    1. Property owner optio11 to Repail·: A property owner shall always retain the option to repair any property, regardless of actual property value or repair costs, rather than demolish, provided the time to correct the unsafe, dangerous or dilapidated conditions, including extensions granted, is met.

    2. Boarding Up. Covering non-confonning openings, windows or doors with boards or other material not intended as an architectural feature of the structure is not a pennanent repair or correction to a violation under the tenns of this Section.

  4. Demolition and removal by the City: Unless an extension of time has been granted pursuant to this Section or an appeal has been filed pursuant to this Section, in the event the unsafe or dilapidated structure is not demolished or repaired within 90 days of the notice being published pursuant to Notice Requirements of this of Section, the City of Williston may pursue injunctive relief to demolish and remove the unsafe or dangerous structure at the owner's cost.



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    C!Ly ol'Willistoo, Florida

    Bonrcl of Adjustment ond Code Enforcement Chnpter 48

    Page 12.Q.[15



    Chapter 48 - Maintenance of Buildings, Structures and Lands

    2020JH1y 13, 2020


    Draft Date: .July 20,

    1. Pulling of a pennit to repair or demolish the structure shall not extend the time stated herein for the structure to be repaired to comply with the Florida Building Code or be demolished. No action to demolish shall be taken by the City of Williston in connection with a structure which is subject of any pending judicial procedure.

  5. Notice Requirements for Demolition: Notices pursuant to this Section shall be as follows:

    1. Initial notice: At the time the code enforcement officer initially files a recommendation to the Board of Adjus tment and Code Enforcement, the code enforcement officer shall issue a Notice to the property owner stating that the property is under consideration for condemnation and demolition and provide all details of reasoning as described in Section 48-4.

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    2. Demolition notice: If the Benf&-et'.-A<lju tttme11-t--!U1EI_Gooe Bnfereemenl or 0U1e1'-lltllfl**)'._ _. . .. •· {,. F_o_rm_ at_t e_d_: _st_rlk_e_th_ro_u-g=-h_ _ _ _ _ _ _ _ _ _,

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ef-tHe City ofWillistoo Bull cling Official detennines that a structure qualifies for demolition pursuant to this Section, the code enforcement officer shall post a notice in a conspicuous place i n or about the structure(s) or property containing the condemned structure, and send a Notice of Condemnation and Demo!ition to the owner of the properly.

Sec. 48-11 Imminent Danger

Refet·cncc. Williston 48 193-195. [F.S. § 162 .01 . 162.13]

  1. Scope. These tenns shall, without limitations, include any lands, building, structure, or mobile home within the City of Williston.

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  2. Definition. An immin ently dangerous condition exists when there is actual or potential risk to the occupants or those in the proximity of the structure because the structure is in imminent danger of failure or collapse, or when any strncture or part ofa structure has fallen and occupation of the structure would be dangerous, or when explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or

    dangerous equipment, or any other condition exists which , in the judgment of the Building

    Official ,GeckHIH--fefeemeitl F poses_an imminent_dang_er to_the occupants_ or the__public. . -·· { F_o_rm_ a_t_te_d_: s_t_rlk_e_th_ro_ugh_ _ _ _ _ _ _ _ _ _ J

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  3. Immediate action to correct. When, in the judgment of the Bui lding Official. Gooe _ _ ... -· ·{ F_o_rm_a_t_t e_d_: s_tr_lk_e_th_ro_ugh_ _ _ _ _ _ _ _ _ ,

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    , conditions exist that require immediate repair, removal or other corrective action, the Code enforcement officer shall contact the property owner and give Notice that immediat e action is required. If the property owner cannot be contacted or does

    not complete all necessary work immediately to the satisfaction of the Bu il din g Official &_ .. · :{ F=o=rm=atte=d: =Strik=eth=roug=h=== = = = = = = = = ::::

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    enforeemant offieer, then the Building Official . J f . l .ffl f.( _r_ q'-!\ e l n_cl _ _.....( F_o_rm_ a_t_te_d_:s_tr_lk_e_th_ro_ug-h - - - - - - - -

    emp owered to order the immediate danger repaired, removed or corrected immediately by

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    any means available at the property owner' s expense.


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    City of Williston. Floridn

    Board or Adjustment and Code Enforcement Chapt er 48

    Page 13..Qf.15


    Chapter 48 - Maintenance of Buildings, Structures and Lands

    2020Jaly 13, 2020

    Draft Date: July 20,

    1. Boarding up to mitigate unsafe or da1tgero11s condition. Covering of openings, windows or doors with boards or other material not intended as an architectural feature of the structure is pennitted as a temporary action to mitigate an unsafe or dangerous

condi tion. It is not a pennanent repair or correction to a violation under the tenns of this Section.

Sec. 48-12 Time Limits

Refcl'encc: Williston§ 46-195.

Time limits to correct violations. Any non-confonning building or structure or land by the definitions of this Chapter and not corrected within the time allowed by the code enforcement officer or other authority acting with auth ority granted by Williston City code, in clu din g any

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extensions granted by the Build ing OfficioI, ,ee 1-furoe1-H£ &g- eai'<'i---e·f·--· --·- -- ------ -- ·· ( ,._F_o_rm_a_tt_e_d:s_ _tri_ke_th_ro_ugh_ _ _

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Violation

Correction of Violation

!Not less than!_

··-···N-o··t··m···or·e· ·t·h··an ·-

Non-confonning Building, Structure or Land - not hazardous or unsafe


30 days


90 days

Excessive Growth

10 days

60 days

Unsafe or Hazardous Building, Structure or Land

10 days

60 days

Imminent Danger

Immediate corrective action required

.

Unfit for human habitation

Immediate vacancy of premises ordered

30 days

Condemned and ordered demolished

30 days

90 days


Violation

Correction of Violation

!Not less than!_

··-···N-o··t··m···or·e· ·t·h··an ·-

Non-confonning Building, Structure or Land - not hazardous or unsafe


30 days


90 days

Excessive Growth

10 days

60 days

Unsafe or Hazardous Building, Structure or Land

10 days

60 days

Imminent Danger

Immediate corrective action required

.

Unfit for human habitation

Immediate vacancy of premises ordered

30 days

Condemned and ordered demolished

30 days

90 days

Adjustm elli-aflti-Geae--Bfifereeitteflt, the owner may be subject to fines and other civil penalties and/or ordered repaired, conected or condemned and demolished by the City at the property owner's expense.


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City of Williston, Floridn

Bonrd of Adj ustment nnd Code Enforcement

Jlcr48

Page 14..Qf.15


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Chapter 48 - Maintenance of Buildings, Structures and Lands 2020Jllly 13, 2020

Sec. 48-13 Penalties

Draft Date: July 20,

Reference: Williston§ 46-195, F.S. § 162.09 Administr ative fines; costs of repair; liens

Penalties for non-conforming buildings, structures and lands within the City of Williston.


Violation

May be assessed when

Not more than

Non-confonning Building, Structure or Land

Condition(s) not c01Tected within the time required.


2 S©/da --- · · · ·· ··

Unsafe or Hazardous Building, Structure or Land

Condition(s) not corrected within the time requi red.


$250/day


Imminent Danger

If not repaired or corrected immediately.

Cost of repair/correction if done by City, plus up to $250/day


Unfit for human habitation

Premises not vacated upon posted notice; unauthorized access.

$250/day;

$250/violation


Condemned and ordered demolished


Not completed within the time required.

Cost of demolition if done by City, $5,000, plus up to $250/day

Violation

May be assessed when

Not more than

Non-confonning Building, Structure or Land

Condition(s) not c01Tected within the time required.


2 S©/da --- · · · ·· ··

Unsafe or Hazardous Building, Structure or Land

Condition(s) not corrected within the time requi red.


$250/day


Imminent Danger

If not repaired or corrected immediately.

Cost of repair/correction if done by City, plus up to $250/day


Unfit for human habitation

Premises not vacated upon posted notice; unauthorized access.

$250/day;

$250/violation


Condemned and ordered demolished


Not completed within the time required.

Cost of demolition if done by City, $5,000, plus up to $250/day

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City of Williston, Florida

Board of Adjustment and Code Enforcement Chapter 48

Page15..Qf.15

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BACE Minutes May 2016

WORKSHOP FOR CODE ENFORCEMENT COMMITIEE (CHAPTER 48)


Bruce Schupp introduced himself to the board. He said he has been living in the City of Williston for the last 6 months and he is happy to be on the board. Bruce explained to the committee members that he has rewritten Chapter 48 to make it more constitutional and enforceable for the city, based on the existing laws the city has. Bruce said some of the items he has rewritten come from the Florida law, Levy County codes and some from other counties.

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During the discussion with the committee on Chapter 48, Section 48-9 third sentence, it was discussed to add "the condition" before "must be". Also in that section, the 6th sentence, after the word "plan" add "in place".

On page 15, number 9 (ix) it was discussed to add "and children" to the end of the sentence.


On page 13 Section 48-10 it was discussed to remove "Noise" from this section, since it is already in the City Ordinance.

On Page 12 #3 "Other Prohibited Conditions" "Excessive Growth" Tom Oakes said some citizens might need a little more time than 30 days.

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Bob Schmidt recommended we have a two part plan for Section 48-11.


City Manager Mr. Lippmann suggested we have the Building Official help with Chapter 48-11. Also we might need to look at other cities the size of Williston to see what there code reflect on Prohibited Buildings and Land Conditions.

Bruce Schupp said he will rewrite Section 48-11 (pg 13), also page 14 top section 1-7 he and Mr. Lippmann will rewrite together.

Bruce Schupp said we need to get a clear understanding of what our goals are for the city. Bruce told the board he would rewrite Section 48 with the corrections discussed and present it to the board at the next meeting. Bruce asked that the board meet again on June 6th so all the things discussed would be fresh on all the board members mind.

June 2016


OLD BUSINESS - Discussion/Review of Chapter 48 draft by Bruce Schupp


City attorney Fred Koberlein told the board they need to keep some of the characterization the same. Have one subject so it's not confusing. Anything dealing with BACE keep with Ch 46. Pull Sec. 48-5 through 48-8 and put with Sec. 46. Also Sec. 48-8 conflicts with the Florida Statue, it already has specific definitions.

On page 11 item b. change because it's in violation of the 4th Amendment.


Chair Brannan said on page 12 Sec. 48-10 it should be for Commercial and residential. Mr. Lippmann read some of Polk County's Code Enforcement to the board.


Chair Brannan said she would like to see if a Commercial or residential property have broken windows they can be boarded up for 30 days, then after that time frame they have to be fixed or replaced.

Bruce Schupp told the board in the section "Prohibited Structure" a structure that does not meet the Florida Building Code cannot board up the windows.

Mr. Lippmann said in the Polk County Code Enforcement, it talks about "weather proof' required for buildings fit for human habitation. He said the board could borrow their language and adapt it to fit this board needs. Mr. Lippmann also told the board that our Planning and Zoning committee deals with the Architecture styles within the city.

Bob Schmidt said on page 1 Sec 48 number 2, every home should be defined by the Florida Building code Fifth Edition (2014).

Mr. Lippmann said on page 1 Sec. 48-1 #2 (a) language should be" must conform to current Florida Building code currently in effect" instead of" must conform to the Florida Building Code at all times".

Bob Schmidt said on page 2, Sec 48-2 #3 like to see that stay and be enforced. Bruce Schupp said to table #2 on page 12.

July 2016


NEW BUSINESS - CONTINUANCE OF (CHAPTER 48) -- Chair Sharon Brannan talked with the board members about Polk County's Ordinance that was included in their agenda packet. Chair Brannan started the discussion with page 5 item #7 which explains the Obstruction of Officers. Chair Brannan

said she practically like the part where it states "Whoever opposes or resists the Building Official or Code

Investigator shall be punished by a fine not to exceed five hundred dollars ($500) or imprisonment of not more than sixty (60) days in jail or by both such fine and imprisonment". Chair Brannan also said on page 5 #8 (Exterior Structure) is something the board should think about adopting. Bruce Schupp said he thinks that Polk County Ordinance will help guide the board on revising some of their codes. Chair Brannan referenced page 6 and said it is for Residential and Businesses and on page 7 #9 "Interior Structure", we are not going to be examining the inside of resident's homes. Chair Brannan said she

don't see how we could do this one. Bruce Schupp said if we set standards for structures, we could include the interior and if there is a problem with the interior of someone's home we will have a standard code in place. Bruce Schupp stated on Pg. 10 # 13 "Mechanical and Electrical Requirements",

Pg. 12 #14 "Unsafe Structures and Equipment", Pg. 13 #E "Imminent Danger", Pg. 14 #F & G "Notice Requirements & Appeal Process" are some of the things we need to review and change on our Chapter 48.


Bob Schmidt told the board that it sometimes take the Building Dept. 2 weeks to issue a permit and he think we should give a violator 60 days to come into compliance if they are required to get a permit and 30 days if no permit is required. , Bruce said that sound like a gnod idea.

Tom Oakes wanted to know, how we can make the residents aware of the new codes if passed. Chair Brannan said it will be posted in the newspaper. Carolyn with the Pioneer newspaper said we could put something in the paper saying "New Ordinances that will affect you".


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Attorney Fred Koberlein told the board, analyze the most important thing; getting the public on board. Mr. Koberlein said getting the public involvement is always good and it will help transition the change.

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Bruce Schupp said the board needs to finish the drafting of Chapter 48 and give to the Planning and Zoning board for review and approval. Bruce Schupp also referenced Pg. 16 #A & #1 "Demolition of Unsafe or Dilapidated Structures & Dilapidated Structure" as something he would like to see the board adopt to Chapter 48.

Attorney Fred Koberlein said in F.S.162.09, you don't have to foreclose on a property to demolish it, if it's a hazard to the public

Chair Brannan would like to put something on the Electric bills, City Website and the City's Facebook about the changes being made to "Chapter 48 Code Enforcement".

Augu_st 2016


OLD BUSINESS - Continue Review of Chapter 48 draft by Bruce SCHUPP -- Bruce Schupp told the board if they did not see anything catastrophic then they needed to move on with getting Chapter 48 finalized. City Attorney Fred Koberlein said there need to be a definition section at the top of Chapter 48. Marc Pompeo asked is that how other chapters are done. City Attorney said yes.

Marc Pompeo referred to page 5 Sec. 48-7 #3 how general do we need to be about this section. What if someone goes out of town for 6 months? Do they need to be re-inspected?

Chair Brannan said the section that Marc Pompeo is referencing is more geared to vacant buildings rather than resident's homes.

Bruce Schupp suggested sending the draft to Planning and Zoning and let them decide if it needs definitions and if so they could just put a note on the draft along with the changes they would like to see made.

Tom Oakes said the draft looked good and he think it's ready to go to the Planning and Zoning board.


Chair Brannan said she would like to see all board members at the Planning and Zoning meeting on September 27.

Bruce Schupp said in order to sell it to the public the public need to be educated on the new changes. Marc Pompeo agreed that the board has a great product and they need to sell it to the residents.

Carolyn with the Pioneer newspaper said she think the board is rushing this Ordinance and it needs to be advertised to the public so they can review it and voice their concerns.

City Attorney Fred Koberlein stated the board need to encourage the public for input.


Chair Brannan said the next meeting will be for public input before sending it to Planning and Zoning. Get an idea if the public is satisfied with the changes and go forward.


September 2016


PUBLIC FORUM- REGARDING CHAPTER 48 -Chair Brannan told the public that the intent of Chapter 48 is to get the city cleaned up. Revising Chapter 48 is the first step the board is doing to help make our town beautiful. The board has everyone's best interest in mind.

Chair Brannan read Sect. 48-1 Declaration of Intent to the public. Chair said every building and home will fall into this category.

Charles Myers said the board need to put the amendments to the side and let residents know what is changing.

Board member Bruce Schupp said it started out that way and then the board realized that a complete rewrite was necessary and that's why they are here tonight.

Emily King asked the board to tell the public what was the Code Enforcement Officer Wayne Carson background. Chair Brannan asked Wayne to explain his background. CEO Wayne Carson said he has been a CEO for 10 years and has attended courses for Code Enforcement and buildings are for the Building Official. Emily King told the board that a lot of the people are living in poverty, and she is concerned that the elderly and disable are not going to be able to be up to code if they choose to approve the revised Chapter 48. Emily King also mentioned that she was unaware that Chapter 48-3

was in the original ordinance that give the Code Enforcement Officer the authority to enter someone's

home, she feels that this is against people's Constitutional Rights for the Code Enforcement Officer to enter into their homes without a warrant and it really bothers her.

Chair Brannan said that the Code Officer did not write the codes and for people not to be upset with him. Chair Brannan said Chapter 48-9 would be the only time the Code Enforcement Officer will go into a dwelling if it's unsafe or hazardous structure or land.

Emily King asked the board could they clarify that section of the Ordinance.


Bruce Schupp thanked everyone from the public for coming and sharing their input but he wanted them to know that by no means is the draft of Chapter 48 finished. The board wanted to have feedback from the public before it's completed and he just wanted to let the public know it's not the board intentions for the Code Enforcement Officer to enter private homes without the consent of the of the owner or a court order.

John Gray said he's not happy about the right of entry. He said it's not the city's right to tell people what to do or not do with their property. He said Williston is #3 in the state when it comes to poverty. He doesn't need the city telling him his buildings cannot have rust on them or the length of this grass.

Bruce Schupp asked him do he think the codes are fine the way they are. John Gray said "Yes they are".


Bill Greenstein stated maybe the community could come together to help the residents that are in need of repairs or maintenance to their properties. He said the board and the public has to find balance.

Chair Brannan said just because the city has been this way for a while does not mean things do not need to change. We as part of the city need to bring our standards up a little. The next step would be to help

provide paint and funding to those that need help. Chair asked the public do they want to have their city look like this for the rest of their lives.

Linda O'Toole said she is embarrassed when she drives through the city. The businesses on Main Street and down Noble Ave. needs work. Ms. O'Toole said people would be proud if the city help out the people that have businesses.

Camille Thompson asked what city does not have the same problem. Ms. Thompson said the new code makes Williston akin to a Homeowners association. She doesn't want to be told how high to keep her grass.

Chair Brannan explained to the public again that Chapter 48 is a draft in progress.


Evelyn Gibson said she has called 5 times about junk cars and they are still in the resident's yard. Mrs. Gibson also mentioned, where it talks about the Code Enforcement Officer entering into someone's home it should be re-worded.

Kathy Segriff said the businesses are the biggest embarrassment for the city. People should come together and love our city.

City Manager Scott Lippmann said we need to try and figure out how we go about fixing our city. How do we help the residents that are unable to come into to compliance?

Bill Greenstein agreed with Mr. Lippmann. He said they should start fining the businesses that property are not up to code. Mr. Greenstein said we cannot have residents leaving the city.

Rachel Hurley agreed. No one wants to live in a dump. Maybe there is an Outreach program that can help people with painting their homes. A solution needs to be in place first before they start fining people. Mrs. Hurley said windows are not cheap and she sure doesn't want the board to be telling anyone to buy windows or you will be fined. Rachel also stated that this is not a Homeowners Association.

Chair Brannan said some of these revisions are taken from other cities and towns.


Velvet Penny said her brother was adding a porch and wanted to know about permitting procedures.


Bob Schmidt said there are 25 buildings that are vacant in town. He said he fixed Mr. Pesso's door on his building right across from City Hall and was looking to get a positive outlook to the people to do something positive. He told the board please don't take advantage of the people living in poverty.

Mike Caswell said he has been living in a house that's unpainted and he's been there for 50 years and he loves the way it look. Mr. Caswell said people are doing the best they can. He also stated he prioritize what comes first and that is putting food on the table and paying bills.

Chair Brannan said the board is looking into finding ways to help the residents out.


Leslie Redding said she has a car in her yard that does not run but they are working on getting it fixed and she does not understand why she cannot have it in her yard.

City Manager Scott Lippmann said an abandoned vehicle has to be behind a fence or enclosed building per Ordinance.

Larry Neal told the audience that he has just purchased a home inside the city limits and he did not sign up for a Homeowners Association. Mr. Neal said he think the board is overreaching and asked the board to scale back on the rewrite of Chapter 48.

Chair Brannan mentioned to the audience that the residents need to take pride in their own property and not all properties are unkept.

Camille Thompson said she heard that the Old Winn Dixie has been fined and was wondering if the city can condemn it.

City Manage Scott Lippmann told Ms. Thompson the city does not have the authority to condemn the building that would have to come from the Building Official.

Kay Mayton business owner wanted to know how much time has been devoted to getting the Old Winn Dixie fixed up. She said make the fines stiffer and make business owners accountable.

Emily King wanted to know who determines the penalty and what evidence help decide what time of fines they receive.

Art Konstantino said he knows the history of building on Block 12. He said they people that owner the businesses are difficult people to reason with. They don't care what the buildings look like and they don't have the revenue to fix the building. Maybe the city can put together a task force to help the business owners out. Mr. Konstantino said Bob Schmidt and he are reaching out to the people that need help.

Debra Jones said she is agreement with Mr. Lippmann, give the business owners some help.


Emily King thanked the board for listening to the residents and business owners and she is all for making improvements within the cit y. She said she will be keeping an eye out for more revisions to Chapter 48 in the newspaper.

Dan Pinkston asked the board was the city ready for the lawsuits that would come with the revision of Chapter 48 if approved. Mr. Pinkston said there are a lot of picking and choosing of who gets violations.

Chair Brannan said the goal is to get people in compliance with the Ordinance.


Bill Greenstein wanted to know did the public just come here to talk or do the right thing.


Chair Brannan told the public that the board was there listening to the input of the residents and they will have another meeting about the draft and forward to Planning and Zoning board for approval and then to City Council.

October 2016


OLD BUSINESS - CONTINUED REVIEW OF CHAPTER 48 -- Bruce Schupp told the Board he would like to take him about 10 minutes to give a brief introduction of how Chapter 48 came about. He told the Board it started around April or May at a City Council public workshop. Bruce Schupp said much of the discussion was about the way the City looked and some residents were embarrassed about the look of the city. Bruce said the board have worked on the draft for several month and have spent considerable time on the laws and that the standard does not do any good unless the residents can meet the standards of Chapter 48. Bruce told the board that the City Council is working on getting funds that the


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residents will be able to apply for to help them with repairs and he recommends that both Chapter 48 and funds for residents are available at the same time.

Tom Oakes said one of the things he has heard from residents is that they were more concerned about the way the businesses looked verses the resident's property.

Chair Brannan said the new Ordinance is for everyone in the city, there will not be two different standards for residents and businesses. Chair Brannan satd a lot of the residents have issues with the "Right of Entry" by the Code Enforcement Officer and people didn't realize the new draft Ordinance on "Right of Entry" is the same as the previous Ordinance.

Chair Brannan asked the Board did anyone have comments.


Pam Myhree just wanted to reiterate what was already said, residents biggest compliant was "Right of Entry".

Bruce Schupp read Section 48-3 and asked Wayne Carson the Code Enforcement Officer if he's okay with the language in that section. Mr. Carson said he was okay with it.

Attorney Fred Koberlein told the Board that they are not to tell residents where to go if there is an intermit violation. If there is any type of violation they need to contact Wayne Carson the Code Enforcement Officer.

In Sec. 48-7 #3 Chair Brannan likes the part about boarding up and #5 Building or structure requirements. Chair Brannan said she think we are doing an over kill on #9 chip paint. Bruce Schupp also agreed that it might be getting too detailed on good repair.

Chair Brannan said to take away ( I ) on page 6.


Marc Pompeo said there is too much detail on some of the requirements.


New City Planner Josie Ladder asked "Where is the board headed with these new changes on Chapter 48"?

Bruce Schupp answered and said the goal is to set a "Standard" that everyone can follow. Public comments:

Resident Mark Haswell stated that his house isn't painted and that's the way he likes it. He told the

board that the residents of Williston care more than they think. Mr. Haswell said the biggest problem for a lot of the residents is money. They need funds to fix up there place. Mr. Haswell also said the board can't choose who they set a standard for. Mr. Haswell thinks the way the new draft of Chapter 48 is

w itten his neighbor can come and complain and he could be in violation (Sec. 48-7 #5 (a)).


Resident Rachel Hurley said her sister has a house that was built before screens were required on windows and she feels the board has no right to tell someone to buy new windows.

Chair Brannan reviewed page 6 of Chapter 48 with board and recommended that item# b, be removed and# c. Also on page 6 item# e, remove the second sentence and the end of the sentence. Also on page 6 #g remove "When required".

Chair Brannan and board also recommended to removed Sec. 48-7 #5 (page 7) items, k, I, m, n, o, p, q, r, s, t and u on page 8.

Resident Carolyn Ten Broeck said she has a problem with the Chair Brannan mentioning "Pride" 4 or 5 times. Mrs. Ten Broeck says she believes the people in Williston do take "Pride" in the city and are willing to see it cleaned up.

Chair Brannan said she is referring to the residents not mowing their yard and garbage all over their yard.

The board discussed page 5 #a takeout exterior wood surfaces and all below to the end, keeping the first sentence.

On Page 8 #4 ( c) excessive growth. What does the board think should be the height? The board decided on 18 inches.

Attorney Fred Koberlein said on page 14, just stick to Florida Statue 162.09. and you won't have a problem.

Bruce Schupp asked Attorney Koberlein what he thought about page 12 Sec. 48-12. Attorney Koberlein said it's the same as the statue don't mess with it.

November 2016


OLD BUSINESS- CONTINUED REVIEW OF CHAPTER 48 (FINAL REVIEW)- City Attorney Fred Koberlein

told the board that regulation changes and updated standard can be grandfathered in or they can set new standards for everyone. He suggested they give everyone a period of transition that they can come into compliance by. Chair Brannan asked would that go into the first section of Chapter 48. City Attorney said it should be at the front or at Section 48-7 & 9 under "Conforming Standards", or apply only to sub-sections. Bruce Schupp said the Council should decide on the time for transition before they are not grandfathered in. Bruce said they should have a cover letter and a report to give to the Council when presenting it to them.

Marc Pompeo said they need some type of time frame; or take a chance on what might work for as timing for transition. Bruce Schupp said if it would be the will of the board a grace period of 6 months before new Ordinance become effective to give residents/business owners a chance to come into compliance. City Attorney said this should be put at the top of Sub-Sections 7, 8 and 9.

Bruce Schupp said he would create a new section in 48-1 called "Date of Effect".


Bruce Schupp said he had two things and afterwards they could wrap up the meeting with the one change.

Bruce said the first thing, he would like to propose the board have another meeting within 2 weeks to finish up the new draft and the second thing he has is a letter he wanted to read to the board from former board member Bob Schmidt.

Bruce Schupp read the letter to the board from Bob Schmidt. In the letter from Bob he mentioned page 1, sections 48-1 and 48-2 to add definitions and add Inspection of Code Requirements, if you want to get your Business Tax License for businesses.

City Attorney Fred Koberlein told the board that "Boarding up" appears on page 4, 12 and 13. He said they only need it once. By it being on page 4, it applies to the entire Chapter. Bruce Schupp said he could put it on page 12 under terms of this Chapter. City Attorney said also add it to 48-9. City Attorney suggested that on pg. 13 Section 48-11(3) second sentence add "must bring before the board".

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City Attorney said they should give violators a visual that there are consequences for not being in

. compliance. On page 14 & 15 put "to the maximum allowed by law".


December 2016


CHAPTER 48 (FINAL REVIEW) - Chair Brannan started the meeting and said she wanted to know where the verbiage about being "Grandfathered in" was located. Bruce Schupp said it was located in section 48-1 (1).

Bruce Schupp asked all the board members had they had a chance to read the new draft. Everyone said "Yes".

Bruce Schupp motioned to accept the draft of Chapter 48 and send to Planning and Zoning for approval. Marc Pompeo seconded. Motion carried.

Discussion: Bruce Schupp said on page 4 remove items 48-6 and 48-7 and on page 7, City Attorney Fred Koberlein suggested that the "Definition that applies to that section be left in". Bruce said on page 9, the definition of Imminent Danger was added.

Marc Pompeo asked about page 12. He just wanted to make sure the guidelines for Fines and Penalties restrict the violators to the money amount of up to $250.00. Marc Pompeo said we could add the word "or" up to $250.00/day "or" up to the maximum allowed by law."

Chair asked the board should we leave or take out page 12. The Board said to leave it in.


Tom Oakes asked Bruce Schupp was there anything in the new draft about "smells". Bruce told him no but we could address it if it ever comes up.

There was no more discussi on. January 2017

REMARKS OF CHAIRMAN - Chair asked Bruce Schupp to give an update to the Board about his presentation to the Planning and Zoning Commission concerning Chapter 48. Bruce Schupp told the Board that the Planning and Zoning Commission denied Chapter 48.

Bruce Schupp said the BACE Board took on the task of rewriting Chapter 48 and they should not have, it should have been completed by the Planning and Zoning Commission. Bruce asked what gives the Planning and Zoning Commission the knowledge and the legal know how to do a rewrite of Chapter 48 and how does it get to be approved by Planning and Zoning. City Attorney Fred Koberlein told Bruce and the Board that the Planning and Zoning Commission are qualified on Planning and Zoning codes and any code changes goes before that Commission. Attorney Koberlein said the law petitions for changes to go before the Planning and Zoning Commission. Bruce Schupp said it concerns him that the Planning and Zoning Commission makes it sound like it's a finished deal. Bruce Schupp said Chair Augute Zettler of the Planning and Zoning Commission told him that the Commission did not agree with the concept of

the community standards and everything in the draft is already in Chapter 48 and no changes need to be made. Bruce Schupp mentioned to the Board that the Planning and Zoning did not make a motion to reject the new draft of Chapter 48 and he feels the BACE have worked too hard on the draft for it go away. City Attorney said the Planning and Zoning Commission should have made a motion on Chapter 48.

Bruce Schupp mentioned the positive thing Planning and Zoning Commission said is the BACE were doing the right thing, but going down the wrong road. Bruce Schupp discussed with the Board when dealing with Chapter 48, the road they need to go down is the one of popular support. He said they have worked long and hard on the draft of Chapter 48. City Attorney read the Initiation of Commitment to the BACE and discussed with them about submitting Chapter 48 to the Council through a Petition for a Special Variance to amend Chapter 48. Bruce Schupp said some of the language needs to be changed in the draft and when that's complete they can petition the Council or whatever is the will of the Board. Tom Oakes feels if the Planning and Zoning Commission were turned off from the whole concept they are not willing to discuss it further. Chair Brannan think the BACE should re-write Chapter 48 and petition the Council for a decision. Paul Missal! thinks the BACE should make another attempt at getting Chapter 48 approved.

City Attorney Fred Koberlein said he didn't mean the Planning and Zoning Commission had to approve it before it could go to Council. Attorney Koberlein said the Planning and Zoning can advise and make a conclusion to the Council. Bruce Schupp wanted to make sure he understood the City Attorney and asked regardless of what the Planning and Zoning decided, can they still take it to Council. Attorney Koberlein said yes. Bruce Schupp asked the BACE Board to give him another month to make the necessary changes and he will bring Chapter 48 back to the Board. Bruce Schupp asked the City Planner if she would be available to help him with the draft of Chapter 48 and she replied she would be happy to assist.

May 2017

OLD BUSINESS -Bruce Schupp reported to the committee members that he attended the Planning and Zoning meeting and they are willing to work with the BACE on Chapter 48. Committee member Bruce

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Schupp stated to the committee the Planning and Zoning Committee would like for us to bring them a

solution instead of a problem. This will help both committees work together in getting Chapter 48

Schupp stated to the committee the Planning and Zoning Committee would like for us to bring them a

solution instead of a problem. This will help both committees work together in getting Chapter 48

.rev.ised.. .


Commission Comments -- Auguste Zettler told the Commission Bruce Schupp with the Board of Adjustments wanted to speak with the board about the revision of Chapter 48. Mr. Schupp introduced himself to the board and gave them a history of how the draft of Chapter 48 began (which will be on the P&Z next agenda). Mr. Schupp told the Commission he ha.s been working with the Code Enforcement Officer, City Attorney and the City Manager to make changes that would be effective in Chapter 48.

After a brief discussion Mr. Schupp asked the Commission to look at Chapter 48 as a good start to getting Williston cleaned up.

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Review draft of Chapter 48 of the City Ordinance - Chair Zettler asked was there anyone at the meeting from the Board of Adjustment to discuss Chapter 48. Bruce Schupp introduced himself to the Commission and gave them a brief description of how the draft of Chapter 48 came about. Bruce Schupp explained to the Commission about the two parts to the draft of Chapter 48, the first being the "Standards", second part "Funds in place for residents to meet the Standards". Bruce Schupp told the Commission he presented the draft of Chapter 48 to the Council last month and asked them to retain from voting on it until grant/funds become available for residents.

Chair Zettler asked the Commission did anyone have questions for Bruce Schupp. Art Nussel Sr. asked about the "Excessive Growth" located on page S Section 48-7, Art Nussel Sr. said there are areas in the City that are zoned Agriculture and there should be a section addressing that area. Mr. Nussel Sr. suggested adding Agriculture to Section 48-7.

Chair Zettler said his overall reading of the draft and the original Chapter 48 is "Visual Standards" are added. Chair Zettler said the draft seems to be more about businesses than residents. Chair Zettler also mentioned there are a lot of Sections in the draft mentioning the word "Boarding Up" and he's concerned this is more of a pet peeve and not a danger. Chair Zettler said a lot of the draft is dealing with looks instead of safety. Bruce Schupp told the Commission the draft is for a safe and beautiful Cit y.

The Commission discussed with Bruce Schupp about the commercial corridor and it being discussed more than the residential. Bruce Schupp told them that can be corrected.

Matt Marino asked could the CRA district help with some of the blight building in there district. City Manager Scott Lippmann told him there might be a solution that the City is reviewing at this time.

Chair Zettler and Debra Jones informed Bruce Schupp that re-writing of the codes are done by the Planning and Zoning Commission but the final approval is through the City Council. Bruce Schupp told them he was unaware of that information. Chair Zettler discussed with Bruce Schupp about having a workshop with the BACE and Planning and Zoning and work together on re-writing Chapter 48.


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Public Comments - Bruce Schupp from the Board of Adjustments told the Commission he had a couple of things he wanted to say, the first was even though the P&Z Commission didn't agree about Chapter 48, they id have a couple of good points and second, he is in the process of working on a new draft of Chapter 48 with the help of the City Planner.


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Changes to Codes and Ordinances - Mr. Nussel discussed the following sections from the original Chapter 48 he would like added to the new draft: 48-7(a), 47-7(b), 48-9, 48-10 and 48-11. Vice Chair Matt Marino stated the fee schedule and time table charts are very good documents he would like to see stay as part of Chapter 48. Debra Jones suggested that everyone review the original Chapter 48 and bring suggestions to the next meeting. Chair Zettler mentioned he would like clarity on the plywood for windows. Vice Chair Matt Marino discussed plywood on windows as being non-conforming on vacant homes, but would like to check with the City Attorney to verify.

Commission Comments - Chair Zettler asked all Commission members to look over the original Chapter 48 and bring back specific things they would like to see changed or added to the new draft of Chapter 48.


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Suggestions for Changes to Chapter 48 - Chair Zettler asked each Commissioner to give their input for Changes to Chapter 48.

  1. Matt Marino -would like to see section 48-9 (3,5) added from the new draft and would like to see 48- 12 chart included and section 48-5.3 "Notice to Appear" added along with 48-11 Time limit chart. Matt later asked that his recommendation for 48-9 be removed.

  2. Cara Fortney-also in favor of the chart that shows time limit.


  3. Debra Jones- likes both the old and new draft of Chapter 48. In favor of the Time chart and Fine and Penalties chart.

  4. Avis Seabrook-prefer the current Chapter 48.


  5. Art Nussel Sr.-like the new draft section 48-7.3 (a,b) Abandoned articles, it's very neatly worded, you don't have to go to different sections to understand it.

  6. Sara Venegas - like the charts that are in the new draft as well. Sara said it would help the violators understand the time frame and penalties.

Bruce Schupp BACE liaison chimed in as well to say that at the November's meeting regarding Chapter 48 had a lot of people upset and they were upset about 48-4(a) dealing with "Right of Entry" so it was removed.

  1. Public Comments - Bob Schmidt told the Commission that he was once part of Chapter 48 and would like to see the rules followed concerning this chapter.

  2. Commission Comments -- Chair Zettler stated that the goal with Chapter 48 is to make the City a better place and they need to work together to get it done. Chair also asked the Commission to make themselves familiar with Ordinance 56 before the next meeting.


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- - - -·v.-- - ·- - -


July 21, 2020


City of

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WILLISTON

FLORIDA



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50 NW Main St., PO Drawer 160, Willison, Florida 32696-0160

Phone (352) 528-3060- Fax (352) 528-2877


TO: Board of Adjustment/Code Enforcement Board

FROM: Jackie E. Gonnan, Community Development & Grants Manager SUBJECT: Process for Foreclosing on properties within the City limits of Williston

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----------- ---·--------

As you are aware, the Mayor brought forward prope1iies that have had liens placed on them for some time and had never been foreclosed upon. Our Department was asked to put a procedure in place for foreclosures as well as to work with the Code Enforcement Division in tracking all cases, which we are doing.


We have obtained a lien search for all the properties given to us. Since that time the Council has agreed to one lien reduction on the Venable/Powell property for $4500.


Mr. Koberlein had provided infonnation to Mr. Lippmann in June 2019 suggesting that the City adopt procedures which I am attaching and is a good staiiing point for discussion.


The mission of the City of Williston is to offer an efficient affordable and safe place to live, work and play.


Mayor- Jerry Robinson I President- Charles Goodman Vice President- Justin Head

Council members I Marguerite Robinson - Elihu Ross-· Debra Jones

City Planner

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From: Sent: To:

Cc:

Subject:


Jackie,

Fred Koberlein <Fred@klol a .com > Thursday, July 9, 2020 10:08

t M

t M

City Planner; Planning Assistant

Madison Plyn I

Fw: Effective Code Enfo rcernr t Tools COW


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The e-mail correspondence we spoke about this morning i available below. I will forward you the example of another city'i: code enforcement lien reduction process as soon as my office extracts the material from a large continuing education file. \

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Have a great day, I

Fred Koberlein I


Fred Koberlein, Jr.

Bonni Certlncd Atto rney - City, County & Locnl b uv ernincnl

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· 386.269.9802 Lake City, FL t,;· 1386.516.2626 Live


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Oak, F


.


,. 352.519.4357 Gainesville, FL

.

..·, 888.908.8699


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The information ilil this e-mail message is legally privileged and confidential inforrtia llon. If you have received this e-m:iil in error, please delete it from any device/media where the rnessb ge is stored.

I

' .·- ... .......· ,-....--·=- -··- - - -···...-,.,,.., ..,,....ri,.. -• · ·· - --- ·- ._ • ..,_.


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From: Fred@KLO-Attorneys.com <Fred@KLO-Attorneys.com>

Sent: Monday, February 3, 2020 7:20 AM

To: 'Nancy Wi1inger' <nancy.wininger@willistonfl.org>; 'Jerry Rpbinson' <jerry.robinson@willistonfl.org>

::::::::f::i:e;::n:::: s::e::,ls

::::::::f::i:e;::n:::: s::e::,ls

Cc: 'Scott Lippmann'. <scott.lippmann@willistonfl.org> I

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I am recirculating the e-mailed memo concerning code enforcement liens (see below), as a refresher and in advance of the related item on the Agenda for tomorrow.


We have discussed the foreclosure process at other times and we went through with three foreclosures last calendar year.


As always, please call me as the need arises.

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Have a great day,

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Fred


Fred Koberlein

City Attorney


Bom·d Certified A ttomey

City, Cotmty, &.Local Gov,ern men t Law


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Martindalc,Huhliull'

P: 386.269.9802 I F: 888.908.8699 - Lake City, FL

P: 352.519.4357 I F: 888.908.8699 - Gainesville, FL


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The Information in this e-mail message is legally privileged and confidential Information. If you have received this e-mail in error, please delete It from ar y device/media where the message is stored.


From: Fred@l(L0-Attorneys.com <Fred@KLO-Attorneys.com>

Sent: Tuesday, June 4, 2019 6:28 PM

To: 'Scott Lippmann' <scott.lippmann@willistonfl.org>

Cc: 'Nancy Wininger' <nancy.wininger@willistonfl.org>; 3b1e70619+matter1036366939@maildrop.clio.com

Subject: Effective Code Enforcement Tools COW


Scott:


I have copied, below, several suggestions related to code enforcement liens that I received from a recent code enforcement training that I attended.


Using cond:.tional releases vs lien reversion or lien suspension is an effective tool. This is an

effective tocl to gain compliance especially where there is an interested buyer. The theory goes that the buyer will get a release of lien if they bring the property into compliance. It works very well with an intereste;,d buyer with assurahces of compliance and improvements to the troubled property. At closing the city can get a monetary sum including hard costs and then the city can file a conditional release of lien. Using this tool the city collects and the property comes into compliance with planned improvements.


Amnesty is a code enforcement tool that can be used effectively if used sparingly. Basically, it is for properties that have been through the process and where fines continue to run with no

compliance Property owners receive notice and if they come into compliance and pay a negotiated amount they will'receive a release of lien. The terms can be drafted in any way that is customized for the benefit of the city with a valid public purpose.


An unrelated tool in the instant situation is

to develop and formalize Slum Property criteria. This should be reserved for the worst viola tors . For code violators that are promoting crime and high numbers of calls for service for police and fire and where the seriousness of the violation requires


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action and other methods to encourage compliance have failed, the city can post the property as a slum property and place signage on the right of way identifying it as such.


As always, please call me to discuss topics as well as any terms that may need to be drafted.


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Fred Koberlein

City Attorney P: 386.269.9802 I F: 888.908.8699 - Lake City, FL

P: 352.519.4357 I F: 888.908.8699 - Gainesville, FL

.Board Certified Attorney

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City, Cou nty, & Local Government Law


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The information in this e-mail message is legally privileged and confidential information. If you have received this e-mail in error, please delete it from ary device/media where the message is stored.


Total Control Panel Login


To: city. planner@wl lllst onfl.org Remove this sender from my allow list

From: fred@klolaw.com


You received th,s message because the sender Is on your allow list.


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