Code Enforcement in the City of Fernandina Beach

Submitted by Suanne Z. Thamm
Reporter – News Analyst
February 28, 2018 9:17 a.m.

Code enforcement. Two words that strike fear into the hearts of some property owners; two words that cause other residents to throw up their hands in frustration. What is the role of the city’s Code Enforcement Officer? And what is the role of the Code Enforcement and Appeals Board? And why does the process seem to take so long?

We’ll try to answer those questions and provide some insight on how the process operates.

What is code enforcement?

Code enforcement seeks voluntary compliance of City codes, which are the baseline expectation for maintenance of the community and environment. City of Fernandina Beach Code Enforcement strives to achieve compliance through education and notification, and provide a clear process for investigation and resolution of code complaints.

City Code Enforcement Manager Michelle Forstrom has been on the job in Fernandina Beach for 12 years, most of that time working alone. While two people were briefly assigned to work this duty over that time, they were eventually transferred to other departments, leaving Forstrom as the only person assigned this duty. Thanks to renewed pressure for more code enforcement from the City Commission, a half-time position has been added. George “Chip” Wells joined Forstrom about a year and a half ago. He now works 29 hours a week. According to Forstrom, “Chip has been a real go getter from day one.  He needs minimal supervision, and has adapted to our kinder way of approaching code enforcement, more in line with customer service.  This is why our compliance rate is so high.”

Forstrom said, “Since we have added our part time Compliance Officer, Code Enforcement has gone PROACTIVE and therefore, we have a lot more cases coming before the Code Enforcement and Appeals Board (CEAB).  With that said, our compliance percentage has stayed at about 90%.  Most of the time, what we do and how we do it works.  We still respond to all complaints, which are plentiful.  For every hour we spend out in the field, we spend two to three hours in the office, doing research, returning calls and emails, attending to citizens at the counter, putting case notes into our antiquated computer system, downloading pictures and organizing them for all of the cases, along with other administrative duties.  If the case goes on the CEAB agenda, we have to gather all of our evidence and create a staff report.  All of this is very time consuming.  Code Enforcement really doesn’t have any administrative assistance, so it is up to the two of us.”

Legally, Code Enforcement works under Florida Statute 162. Organizationally, the Code Enforcement function is located in the city’s Community Development Department, although that has not always been the case. For a brief period it was part of the Police Department, and there is some talk that it may return there.

A kinder, gentler code enforcement takes time.

Fines and citations only enter the process when informal attempts to resolve problems with property owners fail. It is the goal of Code Enforcement to bring properties into compliance with city codes – not to generate revenue for the city. For the majority of situations, property owners take corrective action when the problem is brought to their attention by a visit from the Code Enforcement Officer.

Forstrom said, “We do everything in our power to contact the property owner and/or tenant, either in person or by phone.  If no one is home we leave a door hanger “Notice of Visit”, which notes the violation(s), the remedy and timeframe for compliance.  If no one reaches out to us, and no attempt is made to bring the property into compliance then we send the property owner a Notice of Violation/Notice of Hearing letter, giving additional time to bring the property into compliance or his or her case will be heard at the Code Enforcement & Appeals Board (CEAB).  The percentage of cases that come into compliance before ever reaching the CEAB is about 85%.

Violations that imperil health or safety have first priority. According to Forstrom, “Violations that are a safety and or health issue, such as pools without a fence or a black pool are requested to come into compliance immediately.  Typical violations, like overgrown yards, junk, trash and/or debris in the yard, boats, trailers and RVs parked in front of someone’s house, are usually given about ten (10) days to come into compliance.  We’ll give people up to thirty (30) days for structural repairs.  We will grant extensions, when someone is working with us and requests some extra time.  Our goal is compliance and we will work with anyone who is trying to come into compliance.

What if the kinder, gentler approach fails?

If the case goes before the CEAB, the Board typically will give them a little more time to bring the property into compliance before daily fines are assessed.  If the case comes before them, the Respondent will have to pay all administrative fees associated with their case.  After thirty (30) days, if the property owner doesn’t pay what’s owed, a lien is placed on the property.  The percentage of cases that eventually come into compliance, including after being heard by the Board is about 90%.

Forstrom said, “It is extremely rare that we write any citations.  The only things that have gone before the Magistrate, since I have been in Code Enforcement are parking ticket appeals and noise ordinance appeals, issued by the Fernandina Beach Police Officers.”

According to Buddy Boyd, the current CEAB chair, “We don’t make the rules; they are set by the state and the city. The CEAB is there to help the community and the city look more presentable.  If people come before us needing more time to come into compliance, we generally will provide it with no penalties.  If property owners would just pay attention to notices they receive, things would go more smoothly for them.  The problems arise when violators ignore notices, letting junk pile up on their property or grass grow out of control.”  Boyd said that with the addition of a second code compliance staffer, more proactive sweeps are being conducted resulting in a cleaner, better looking city.

For those interested in seeing how the Code Enforcement Board conducts business, meetings are held on the first Thursday of each month at 5:30 p.m. in City Commission Chambers, Fernandina Beach City Hall.

What happens after all that if a violator still fails to comply with code?

“Unfortunately,” Forstrom said, “we have some cases that are still accumulating daily fines, with a lien of their property for month and even years.” The City Attorney is currently working on a case that has been pending for several years. The unresponsive property owner has amassed significant fines at the rate of $100 per day since October 2, 2015. The city has placed a lien on the property, and foreclosure is pending.

A day in the life

Recently I had an opportunity to ride around the north side of the Historic District with Michelle Forstrom and the city’s Preservation Planner, Sal Cumella. The purpose of the ride was to check on the status of properties that had previously been cited for code violations.

Former city Preservation Planner Adrienne Burke initiated twice yearly drives through the Historic District with Code Enforcement to check on the health of historic properties. Because of staffing shortages, that schedule has slipped to once a year inspections.

No type of property is exempt from code requirements. We visited commercial, residential and even religious properties. Results of the inspection were mixed. We overlooked the dumpster situation for this particular ride, although Code Enforcement is also dealing with that, per instruction from the City Commission.

Cumella indicated that he was pleased to see that several residential property owners had responded favorably to city complaints. Although some properties had multiple violations, it was clear that owners were working away at the problems – replacing a roof, clearing overgrown vegetation, painting a house.  Still some unlicensed cars remained on sites.

The most serious residential problem on the north side of downtown appears to be a row of houses on N. 10^th Street between Alachua and Broome Streets. Forstrom has been unsuccessful in dealing with the family to correct the violations. More formal steps will follow.

A church on the corner of N. 5^th and Alachua Streets also had several uncorrected violations, ranging from rotting wood to what appeared to be a sinking foundation. The church has also undertaken unpermitted repairs, triggering additional violations.

And the commercial property with the most violations was the Huot Building at N. 2^nd and Alachua Streets. City Commissioner City Ross has asked the city’s Historic District Council to proceed to cite the owner for “Demolition By Neglect.” Although not in the local Historic District, this is a historic building. Currently, most of the windows are gone, with some covered by plywood and others open, allowing an observer to peek through to the hole in the roof. Although reportedly structurally sound, it is apparent that this building needs significant work to be brought up to code.   Rumors of a potential sale are floating once again, giving rise to hopes among historic preservation advocates that the building will once again become an attractive part of the city’s fabric.

Forstrom and Cumella took photos and notes on all the properties visited during this inspection trip. For those properties that have been unresponsive to informal appeals to correct violations, letters to owners will follow.

For much more information on the workings of code enforcement in the city of Fernandina Beach, visit the website. There you may file an online complaint of a code violation. You will also be directed to other sites for problems that are not under the jurisdiction of city code enforcement.

The author is indebted to Code Enforcement Manager Michelle Forstrom for assistance on this article.

Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.