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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


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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


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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.



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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


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State & County

Mandates


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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)



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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


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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



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  • EXPENSES

  • State & Federal Mandates – NONE

  • BOCC Directed – Hearing Transcripts & Court Reporter Fees



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  • 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.



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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



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