By Rich Pollack
Hoping to streamline the code enforcement hearing process and ensure cases can be heard in a timely manner, Highland Beach commissioners last month approved a two-tiered system utilizing a magistrate for complex violation cases and a code board for less complicated matters.
Under the new system — which Town Attorney Len Rubin says may be unique in Palm Beach County — cases such as parking code violations, trash issues and landscaping that doesn’t meet town restrictions can be heard by the Code Enforcement Board, which is made up of residents selected by the commission.
More complex issues, such as violations of the town’s construction code, work being done without a required permit and violations of the Florida Fire Prevention Code, will be heard by a magistrate.
Previously all cases were handled by the quasi-judicial Code Enforcement Board, which on occasion struggled to have a required quorum. Under the new system, Rubin said, the magistrate can be available to handle cases that would go before the board if not enough members were available.
The board and the magistrate will both have the authority to impose fines.
“What I like about this is that it gives us options,” said Commissioner Evalyn David, who is one of two attorneys on the commission along with Judith Goldberg.
Earlier this summer, the Town Commission approved an agreement with attorney and FAU political science professor Kevin Wagner to serve as the town’s magistrate at a rate of $190 per hour.
Wagner already serves as a magistrate for several communities, including Boca Raton, Delray Beach, Gulf Stream and West Palm Beach.
As part of the revamped processes, the town attorney will provide training annually to members of the Code Enforcement Board in an effort to ensure consistency.
That training includes an overview of the procedures applicable to the board and will cover the rules governing the conduct of the hearing, the role of board members as impartial decision makers, the required disclosure of ex parte communications, and ethical requirements set by the state and Palm Beach County.
Town commissioners also agreed to seek candidates for the enforcement board who are residents and have experience in specific areas. If possible, the commission will look to appoint an architect, an engineer, a general contractor, a subcontractor, a business person and a real estate agent.
If they can’t find such representatives, commissioners have the option to appoint a resident who they believe is most qualified.
Commissioners, in approving the changes, said they believe the changes will help ensure the process is efficient and equitable.
“This is an effective way of dealing with code enforcement,” Goldberg said.
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