A recent report discusses a new initiative by the City of Naples (34101-10,34112-14, 34116-17, 34119-20) to address blight and other code violations. The report discusses the City's primary issue being high grass and weeds.

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Naples FL
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City opens all eyes and ears to code violations

Don’t be surprised if your city water-meter reader reports your knee-high grass. Or your garbageman writes you up for your loud, barking dogs or snitches on short-term renters. By fall, possibly earlier, it could be your neighbor ratting you out by filing a violation report on the city’s Internet site.

For 3½ months, Medea Salguero has been Naples’ only Code Enforcement Department employee handling complaints. This month, the two vacant positions she supervises were filled.

But by the end of May, the number of city employees scouring the city for code violations will jump to about 500.

Under a novel program prompted by growing public awareness of code enforcement issues, all city employees will be trained to write reports on violations in their areas of expertise, and to refer various violations to other departments. The program is expected to streamline the process and speed response to complaints.

On April 10, the first phase, about 30 employees were trained, and a second meeting is planned for next month.

“Naples takes a lot of pride in aesthetics,” City Manager Bob Lee told the employees at the meeting. “We want to make sure we’re not waiting for a citizen to contact us. Rather, that we’re out on the street and proactive. ... You’re now going to be empowered to be part of the process.”

Under the four-tiered program, code enforcement officers are the first level, followed by other employees most often involved in reviewing violations, such as police, building inspectors or arborists and environmental specialists.

“We’d like to have people somewhat involved in that already to have the power to issue citations or notices of violation,” Lee said, adding that it will eliminate a step in which code enforcement officers call a specialist to review the situation.

A third tier would involve the remainder of the city’s employees, and a fourth level would add the online form for citizens, who already can phone in or write letters about complaints.

Community Development Director Robin Singer calmed employees’ fears.

“How much is this going to increase your workload? Probably not a whole lot,” she said, adding that it might result in a few more calls. “You’re only going to have to do things that pertain to your work.”

Employees were given a list of about three dozen nonemergency violations, including blocked storm drains, flooding, broken traffic signals, missing signs, construction without a permit, illegal tree removal, litter and excessive noise. But employees were urged to send Singer more suggestions for a list that will be distributed to workers.

Citations or notices to appear go before a county judge and result in a slap on the wrist, a $50 fine. Instead, Singer urged employees to take severe or repeat violators before the Code Enforcement Board, which enables city officials to track violators, increase fines for repeat offenses and levy fines that can mount daily after an inspector’s review.

“It’s better for compliance. The fines are higher, and it gets their attention more,” Singer said.

Board fines can reach $250 daily, or $500 daily for a repeat offender. A violation that causes irreparable or irreversible damage — such as mangroves being cut down — could result in a $5,000 fine.

City Attorney Bob Pritt gave employees a quick primer on the Florida Constitution, state statutes, federal law and Naples ordinances. He cautioned that there must be a rationale for each violation.

“The last thing you want the decision-makers to say is, ‘It’s arbitrary, capricious or unreasonable,’ ” Pritt said.

If an employee walks by an open window and spots something illegal, it’s in plain sight, Pritt said, so a homeowner can be cited. And if a gate is open, giving a city employee a clear view into a fenced backyard, residents’ expectations of privacy are eliminated and they can be written up.

“Sometimes, a neighbor is your best witness,” Pritt said, adding that neighbors can allow city employees onto their property to view violations that can’t be seen otherwise. “It’s in plain view from the neighbor’s property.”

Singer added, “If you happen to see something while you’re doing an inspection, then that’s fair game.”

Singer said the city doesn’t track reports of the violations called in, because many are solved quickly. But Code Enforcement Board records show 386 violations were handled last year, with high weeds or grass topping the list at 137 violations, followed by 48 for illegal signs, 36 unspecified generic violations, 29 building code violations and 25 for boats in front yards. A total of $12,750 in fines was collected from violators cited for multiple complaints.

In comparison, 2004’s top violations were illegal signs at 115, followed by 100 for high weeds and grass and 72 reports of boats in front yards. A total of $750 in fines was generated, with $250 for the boat violations and $500 for garbage complaints, which totaled 29.

The number of violations heard by the seven-member board dropped from 509 in 2004 to 386 last year, with the majority reported by inspectors or city officials. Ninety-nine were reported by citizens last year, down from 116 the year before.

Inspectors can issue courtesy notices for mild, first-time offenses, or a notice of violation, both of which set a deadline for compliance.

City officials plan to create new paper forms for employees to cite violations, set up a computer system to route complaints to each department’s administrative assistant and have a database to track complaints. Employees at the meeting also suggested purchasing cameras to photograph violations and door-hanger signs to leave as a courtesy to notify someone of a complaint.

Salguero, who heads the city’s Code Enforcement Department, wasn’t certain the new program would cut down her department’s workload. And she didn’t consider it extra work for employees, although she admitted each department’s administrative assistant may experience an increased workload fielding complaints.

“I think of it as they’re still doing what they’re already getting paid to do,” Salguero said. “I’m still responsible for all the code violations in Naples.”

Lee said most violators quickly comply. “About 98 percent of the people who are notified about a code violation correct it,” he said. “We’re happy we have a community that’s pretty compliant. This is more about us reporting things so city employees can go out and get them fixed.”