Minutes 11-15-2011 - Laserfiche WebLink

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Commissioner Gordon said that the appeals process for the penalty is in there to the County Manager, but if something goes wrong or if there is a mistake in the new addressing, there needs to be a way to stop this from going forward. Commissioner Yuhasz made reference to page 8 and the physical standards for road name signs. He asked if there was going to be a requirement that all road signs be the same color. Frank Clifton said that there are many private roads in Orange County. He would suggest any private roads be a specific color other than green. Something can be established in the ordinance. Commissioner Yuhasz said that this is something that he would like to consider to have some consistency. Frank Clifton said that the staff needs some input from the County Commissioners in reference to Commissioner Gordon's comments. He said that human error can occur at the staff level and he is here to listen to those appeals. He said that if the Board of County Commissioners wanted to sit as an appeal board, that can happen, but this process is overdue and they will need direction from the Board of County Commissioners in reference to this issue. Chair Pelissier said that since Commissioner Gordon's suggestion was such a large change to this draft, she would like to ask the County Commissioners if they would like to entertain this because staff needs direction. Frank Clifton said that the recommendation is to extend the public hearing to the next meeting, so there is time to incorporate further input. John Roberts made reference to an appeals process other than what is in the ordinance and said that it is typical to have appeals to the County Manager. Staff will be doing the frontline appeals and then the Manager. After that, the residents can appeal it to the courts. If the Board of County Commissioners wants it appealed to them, then it can become a quasi- judicial body. John Roberts made reference to Section VI, B-2 and 3, and subsection 2, which is referring to the type of mail that would be used to deliver rather than first class. Subsection 3 is talking about when that delivery is deemed to occur. Commissioner Hemminger said that she does not want to be part of a judicial board and she is in favor of the appeals going to the County Manager. If a citizen wants to complain to the Board of County Commissioners, they can and then the Board has the right to check into it or not. She said that people do not like changes, but this is needed. Commissioner Gordon said that somewhere it needs to be stated what the appeal is and the process. Commissioner Jacobs said that he was not clear on the answer about the notice being sufficient. He asked if he understood correctly that the written notices of violations do not require certified mail. John Roberts said that if the enforcement officer chooses to use mail, it has to be registered or certified. It is deemed delivered upon deposit in the receptacle of U. S. Mail. Other means are posting it on the front door of the structure and hand-delivering it to an occupant of legal age in the structure. Chair Pelissier said that she wants to minimize the number of people that come before the Board on this issue. She thinks that what is here is sufficient and that people can go to the courts as an option. She does not see this as a crucial addition to the ordinance. John Roberts said that he would prefer not putting a direct appeal in here, because then the Manager is turned into a quasi-judicial officer. The way it is set up now, the County Manager is making an administrative decision,on whether or not the enforcement officer followed the proper procedure.