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Ocoee begins updating its code enforcement policies

Tuesday, Ocoee set in motion substantial changes to its residential code enforcement policies, seeking, Police Chief Vince Ogburn said, to “clean up the abandoned and deteriorating properties within the city.”

In a presentation to the city commission, Ogburn said the city was absorbing the cost to send violation letters to property owners and noted that there was no standard practice for foreclosing on properties to recoup the assessed fines and fees.

“There’s a need for consistency and accountability in the way we enforce these violations,” he said.

Noting that he’d based his recommendations on what Apopka, Winter Garden, Orlando and Orange County are doing, Ogburn outlined several key changes for the commission to consider:

  • Establish $250/day minimum and $500/day maximum fines. “This promotes early compliance with the violations and prevents excessive buildup,” Ogburn said.
  • Replace resident-run Code Enforcement Board with a magistrate. “Using a magistrate avoids decisions being overturned on appeal," said Ogburn. Commissioners also liked that dispassionate magistrates could make hard decisions without being swayed by a neighbor's hardship stories.
  • Institute foreclosure timeline, including a review, settlement conference and hearing.
  • Establish a foreclosure recovery fund.
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"We want to work with you, but we want your property looking nice because it's not fair to your neighbors,” said City Manager Craig Shadrix of the city's code enforcement efforts.

“The fiscal and community impact of this recommendation is that it accelerates compliance, reduces long-term conditions that deteriorate a property or neighborhood and improves neighborhood appearance and safety,” he said.

Commissioner George Oliver III, embraced the recommendations.  

“ It sounds like when we get to this point of putting liens and foreclosures, [property owners have] had the opportunity to come in compliance. So we're beyond that step,” he said. “I say we need to adopt a plan tonight that is going to put some bite into the bark and hold these guys accountable for these properties that have been either abandoned or they're just not keeping them up.”

City Manager Craig Shadrix noted that the city was doing a lot of education around code enforcement to ensure that residents understand what’s considered a violation and remedying it.

“This is not about Ocoee getting into the Ocoee code police business,” Shadrix said. “This is about bringing about compliance and creating a community that understands we want to work with you, but we want your property looking nice because it's not fair to your neighbors.”

Shadrix said that the city has seen “a number of liens resolved and people have come and paid in full.” Still, he urged commissioners to approve the measures the police chief requested. “Once the word gets out, you know, that we’re serious and we will foreclose if we need to … word spreads very quickly.”

Commissioners voted unanimously to approve the recommended changes.

The go-ahead was couched in a motion made by Oliver to “reconsider a prior vote” to retain the Code Enforcement Board as the body that judges code enforcement cases. It was seconded by Commissioner Scott Kennedy.

The next step is for commissioners to review a new ordinance to shift code enforcement responsibilities from a citizen board to a magistrate, according to City Attorney Rick Geller. The first reading will likely be Feb. 17.

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