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Strategic Planning. LEE COUNTY OFFICE OF THE HEARING EXAMINER December 2009. BACKGROUND/HISTORY. OFFICE CREATED BY ORDINANCE 88-30 FIRST ZONING HEARING HELD JANUARY 1989 ONE – HEARING EXAMINER TWO – CLERICAL STAFF FIRST CODE ENFORCEMENT HEARING HELD FEBRUARY 1990
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Strategic Planning LEE COUNTY OFFICE OF THE HEARING EXAMINER December 2009
BACKGROUND/HISTORY • OFFICE CREATED BY ORDINANCE 88-30 • FIRST ZONING HEARING HELD JANUARY 1989 ONE – HEARING EXAMINER TWO – CLERICAL STAFF • FIRST CODE ENFORCEMENT HEARING HELD FEBRUARY 1990 TWO – HEARING EXAMINERS THREE – CLERICAL STAFF • NUMBER OF ZONING HEARINGS SINCE 1989 – 3,503 • NUMBER OF CODE ENFORCEMENT HEARINGS SINCE 1990 – 7,925
MISSION STATEMENT ZONING • Promote, protect and improve the health, safety and welfare of the citizens of unincorporated Lee County through a quasi-judicial public hearing process. Provide timely written Recommendations and Decisions containing an impartial analysis of the facts, evidence and Lee County regulations for each zoning/land use request. CODE ENFORCEMENT • Promote, protect and improve the health, safety and welfare of the citizens of unincorporated Lee County by the enforcement of the Lee County ordinances and regulations through a quasi-judicial public hearing process.
CURRENT CORE SERVICES ZONING • Zoning cases heard by Hearing Examiner & Decisions/Recommendations Issued for - Developments of Regional Impact - Planned Developments - Rezonings - Special Exceptions - Variances - Administrative Appeals • Land Development Code - Update Hearing Examiner provisions, as needed - Review and comment on other proposed changes • Total Public Hearings (FY 08/09): 165 CODE ENFORCEMENT • Enforce LDC and other Lee County Ordinances • Conduct Lien Mitigation and other special code related hearings • Issue Code Orders, Releases of Lien and Satisfactions of Lien Total Number of Cases (FY08/09): 763 Total Number of Orders Issued (FY08/09): 1,537
State & County Mandates
STATE MANDATES • None for Hearing Examiner program • However, BOCC has authority under Florida Statute Chapters 125, 162, 286 and 380 to create special boards and special hearing procedures that utilize hearing officers BOCC MANDATES • Zoning and land use hearings (LDC) • Administrative Appeals (LDC and Specific Lee County Ordinances) • Code Enforcement (LDC and Specific Lee County Ordinances)
Funding • Funding from General Fund • Minimal revenue (sale of paper copies of documents and public hearing audio tapes) • FY 88/89 Budgeted: $188,337 • FY 89/90 Budgeted: $448,140
FISCAL HISTORY HEARING EXAMINER 5-YEAR HISTORICAL BUDGET DATA Adopted Budget FY 04/05 Adopted Budget FY 05/06 Adopted Budget FY 06/07 Adopted Budget FY 07/08 Adopted Budget FY 08/09 Adopted Budget FY 09/10
EXPENSES • State & Federal Mandates – NONE • BOCC Directed – Hearing Transcripts & Court Reporter Fees
Approved Positions - 2 Hearing Examiners - 3 Full-time and 1 Part-time Clerical Staff • Budget Cuts - Approved Budget $759,790 - Reduction from FY08/09 $ 47,181 Included the following reduction in personnel and operational funding Work week cut to: 39 Hours for full-time employees 20 Hours for part-time employee Court Reporter funding cut by $15,000 (largest operations account) • Major Issues - Zoning hearings becoming more adversarial and complex, resulting in multi- day hearings and a significant increase in court reporter costs, as well as the potential for a backlog/delay in already pending cases.
FUTURE CORE SERVICES • Zoning – same as current services • Code Enforcement – same as current services THREE YEAR PROJECTIONS / OPTIONS • Do not foresee any significant changes in operational budget or increase in office revenue • Possible Reductions (if necessary): Hours of operation Staffing • Potential reduction in number of zoning/land use and Code Enforcement cases – resulting from economic situation and actions by other Lee County Departments