Expect more code enforcement and potential fines

BY MARK J. CRAWFORD

Telegraph Editor

Bradford County Sheriff Gordon Smith is looking to ramp up code enforcement, with a new magistrate and deputy assigned to the job.

Enforcing county codes about property upkeep has been a concern for commissioners and residents. Smith said they haven’t had a magistrate in place for four years, but for the most part, property owners comply with warnings to avoid citation and the fines that can accumulate when violations persist.

Typically, that happens after evidence is presented to a magistrate and the property owner is found guilty during a hearing in which they are allowed to appear and defend themselves or ask for leniency.

Sheriff Smith has asked the commission to consider updating ordinances to allow for fines through civil citations as well, like with a parking or speeding ticket.

The words “code enforcement” conjure images of accumulating junk and debris on properties, overgrown lawns, or junk cars and equipment. Codes can also cover noise complaints, house parties and other large gatherings. They also cover people living in improper shelters such as campers and sheds.

Illegal dumping and littering will be targeted as well.

Laura Gapske, who works as magistrate for the city of Starke will also be working with Bradford County. Deputy Glen Ward as code enforcement officer will respond to complaints by visiting properties, collecting evidence (photographs), keeping records, issuing notices and citations, etc. Less compliant property owners would end up in front of the magistrate and face running fines.

Smith said they intend to be reactive, focusing on problems brought to their attention instead of actively looking for violations. They will also continue working with people when necessary, calling on church and youth groups to help those who cannot help themselves. 

“We work with people. We’re not out there to try and strongarm,” he said.

The sheriff’s office is working with attorney Rich Komando to on suggested updates, and commissioners were given a first look at some recommended fines Dec. 6.

The fines vary by violation and whether the defendant is a repeat offender. A noise complaint has a recommended fine of $25, but it’s up to $100 if cited a third time. For trash or debris cleanup, the recommendation is $50 for the first offense, $100 for a second offense, but after that a repeat offender will be fined $10 a day until the violation is corrected. For junk cars and equipment, the first two fines are $100 and $250, then $50 a day is recommended.

For those found living in a camper or shed, the fines proposed were all running fines, from $100 a day on first offense up to $500 a day on third offense. Smith said they’ve received multiple complaints about campers and sheds tied into electric and sewage lines. It might be all they have, he said, but it’s also dangerous and invites fires and other disasters.

“When it’s brought to our attention, we have to address the issue,” he said. 

As for house parties or large gatherings of 50 or more people, a permit could be required. Partiers could also be required to hire a one or more deputies depending on crowd size. A flat fine of $500 per violation is proposed.

The purpose of the fines is to be corrective, not make money, the sheriff said. 

“Most people work with us. But we’ve got to have current, updated policies and ordinances to make sure that we have something enforceable when we need to. Most time it’s bark, but every now and then we have to bite,” Smith said.

The commission will take up code enforcement again after the first of the year.