Legislators pinned a $200 fee on code citations. That's overwhelming, say officials.
By BRIDGET HALL GRUMET
Published June 17, 2003
Code enforcement officials use words like "efficient" and "effective" to describe their use of civil citations.
Come July 1, 2004, add "expensive" to the list.
That's when a $200 filing fee per citation goes into effect, under a bill approved last month by legislators and sent last week to the governor for his signature. The money would go to the clerk of courts to help cover the cost of running the judicial system.
Because Pasco writes about 200 citations per month - for everything from junk-filled yards to illegal tree removal to unpermitted businesses - the cost would be about $480,000 a year. The tickets cost the county nothing now.
County officials say the fee will make citations too costly to give. That's why they're exploring ways to change the "enforcement" part of code enforcement.
"We've got a year before this all takes place," said Joe Gross, assistant zoning and code compliance administrator. "I think we all realize we're going to have to have a game plan in place to change the way we do things."
As it is now, people who receive a citation can pay the fine or take their case to court. County Judge William Sestak can impose fines, orders and even jail time to bring people into compliance.
One possibility for bypassing the courts and the $200 fee: Hire a special master to hear some cases instead. Sestak has suggested that possibility for cases that involve lengthy or technical testimony, such as cases where builders started work without the right drainage or construction permits, said Assistant County Attorney Kristi Wooden.
The special master could not issue fines, but could place liens on property. If the liens go unpaid on nonresidential property, the county could foreclose.
As the county learned under its now-disbanded Code Enforcement Board, however, liens are less daunting to homeowners. The county cannot foreclose on a home, so owners face no pressure to pay the lien unless they want to sell the property.
"There were plenty of cases where even the specter of large fines increasing daily was not enough to bring people into compliance," under the old Code Enforcement Board system, Gross said.
For those residential cases, the county is considering a "diversion program," Wooden said. The county would send a letter saying the person needs to fix the violation and pay a fine. If the person refuses, the county would issue a civil citation - and ask the judge to assess the $200 filing fee against the violator.
"That way they wouldn't incur any court costs (if they paid the fine up front) and we'd have an opportunity to weed out the cases that people would pay (the fines) anyway," Wooden said.
Wooden still is researching options. She will bring the issue this fall to the County Commission, which will decide what methods to adopt.
The $200 filing fee is part of a larger measure (HB 113a) that requires the state to pick up much of the counties' tabs for running the judicial system. The state will get the revenue by raising court fees across the board.
Pasco County spent $13.6-million supporting the court system in 2000-2001, according to the latest data from the Florida Association of Counties. County officials still are sifting through the lengthy bill to determine how much Pasco will save.
John Ricco, an official with the Florida Association of Counties, said the group raised concerns about the $200 citation filing fee. Several legislators are open to revisiting the issue next session, he said.
- Bridget Hall Grumet covers Pasco County government. She can be reached in west Pasco at 869-6244, or toll-free at 1-800-333-7505, ext. 6244. Her e-mail address is hall@sptimes.com
