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Serving Pasco since 1981/Serving Lutz since 1964

Kristi Sims

Turning eyesores into assets?

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Imagine if that rat-infested dilapidated house down the street — the one that’s littered with trash and mattresses — could instead become the future site for a Habitat for Humanity house.

Or, maybe the property could be transformed into a neighborhood park, or be used for some other community amenity.

That’s the kind of big-picture thinking that surfaced on Oct. 20, as the Pasco County Commission discussed  problems associated with blighted properties.

Commissioner Kathryn Starkey called attention to the issue by sharing an email she’d received with her colleagues.

“This property has been vacant for over a year,” Starkey read from an email. “There was a massive fire there. There was a car that caught on fire, too, in the garage. Everything is charred and burned, terribly.”

The email went on to describe ”chunks of burned debris” that were “just hanging and dangling.”

It continued: “There are rats running everywhere. There are little children playing nearby.”

Starkey wasn’t happy.

“This is a health issue here. This is just not acceptable to me,” said Starkey, noting she’s received many emails similar to that one.

Besides raising concerns about safety, the constituent complained about being unable to get a clear answer from the county regarding the status of the site.

Code enforcement told her the case had been closed; what the caller didn’t know, though, is that it had been referred to the department that handles demolition of properties meeting the criteria for removal.

Starkey asked Kristi Sims, senior assistant county attorney, to give the board a briefing on how the process works.

Sims told board members that an internal shift had been made, regarding demolition of blighted properties.

Sims said the county’s made significant progress — with more than 130 buildings being taken down last year.

“Almost 40% of those were taken down by the owners, not at county expense,” Sims said.

But, she added, there’s a backlog of 200 cases that have built up through the years.

“To make a long story short, we’ve known we’re running behind. We’re behind the eight ball. The eight ball keeps getting bigger. We’re chasing it, we’re chasing it,” Sims said.

The county has come up with a plan that it thinks will help to chip away at the backlog, Sims said. But, as it removes derelict properties, it needs to think about what happens next, Sims added.

“The more we take down, the more empty lots we’re going to have,” Sims said.

“The answer may be for us to assist in getting it into the hands of a nonprofit, like Habitat for Humanity, that will rebuild with a responsible owner and put it back on the tax rolls,” the attorney said.

Or, perhaps there’s a way to create some kind of community asset, she said.

“Community Development has hired a program coordinator who is studying the various options we have for these properties,” Sims said.

Commissioner Jack Mariano wants to find creative ways to turn community eyesores into neighborhood assets.

“There are empty lots sitting there that are not doing the taxpayers any good, aren’t doing the neighbors any good. So, I would love for us to go explore working with the banks, working with nonprofits — maybe even put a special program together, working with a tax break or something to get a new home put in there,” Mariano said.

Starkey agreed: “I think we have to have a comprehensive plan.”

It doesn’t do any good, she said, to take down a house and then have the site become a dumping grounds, “where everyone puts their washing machine and their sofa and all that stuff.”

Another problem arises when people move onto the lots, pitch their tents and live there, Starkey said.

Sims told the board that research is being done to seek solutions to these issues.

Board members said they need more time to delve into the issues, so they agreed to bring the issue back as a board agenda item — during which staff, community nonprofits and others will have the chance to share ideas for how to turn an eyesore into an opportunity.

Published November 04, 2020

Pasco wants crash debris off the street

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When tow-truck crews clean up after a crash, it should be a thorough job.

At least that’s how the Pasco County Commission sees it.

The county board soon will be considering a provision that will require the people who remove damaged or wrecked vehicles from roadways to be sure to clear the roadway of glass and injurious debris.

“This is sort of a local version of a state law that is basically aimed at tow-truck drivers,” said Kristi Sims, senior assistant county attorney. “They’re operating on rotation and remove vehicles after accidents from our roadway.”

The aim is to hold them to the standard that the state law requires, which is clean up all of the debris that results from the incident.

“By codifying it in our local ordinances, we have a local chance to use code enforcement to enforce it. At the state law, it’s only enforceable through issuance of a uniform traffic citation.

“At our level, it will be enforceable obviously through issuance of a county court citation, which is punishable up to $500 per day.

“The local amendment that we’re proposing also will have a provision that requires the person removing the debris to lawfully dispose of it,” Sims said.

Commission Chairman Mike Moore said he wants to make sure that this ordinance doesn’t require towing companies to remove biological hazards, in the event that someone is hurt or killed in an accident.

“This is aimed at all of the glass, hardened plastic, that is getting pushed and accumulated into sort of the center of every intersection in Pasco County,” Sims said.

It requires “tow truck drivers on the rotations to do a good job, it’s part of their contract to pick up that debris, that causes flat tires, that flies up and scratches other people’s paint, etc.,” she said.

Commissioner Kathryn Starkey said: “I thought it was required already.”

Sims responded: “It is under state law, we just haven’t duplicated it on a local level.”

Commissioner Mike Wells said: “I don’t think it’s every hauler, but again, we need to hold them accountable.”

Wells added: “There’s no excuse for them not cleaning it up.”

Sims said coordination will be needed between the county and law enforcement agencies to determine whom should be cited when crash scenes are not cleaned up.

Board members voted to set a public hearing date on the new requirements for April 7 at 1:30 p.m. The hearing will be in the boardroom, on the second floor of the Historic Pasco County Courthouse, 37918 Meridian Ave., in Dade City.

Published March 18, 2020

Pasco County steps closer to rental registry

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Pasco County is taking aim at a problem that crops up when a Pasco County Sheriff’s deputy arrives at a scene, and isn’t able to determine who owns the property, or who is authorized to be there.

The problem also occurs when the county can’t pin down a way to locate who’s responsible for code violations at a specific site.

To address those issues, the Pasco County Commission is considering a new ordinance that requires rental properties to be registered.

Senior Assistant County Attorney Kristi Sims is handling the ordinance for the County Attorney’s Office, and she appeared at the Pasco County Commission’s Jan. 7 meeting to give the commissioners a briefing.

At the same meeting, during the public comment portion, a number of speakers — representing real estate, property management and legal interests — offered their input on the proposed ordinance.

Jacob Bruynell, governmental affairs manager, Greater Tampa Realtors, raised concerns about a number of issues, including what would trigger the need for registering a property, some of the definitions included in the draft ordinance and when the new requirement would take effect.

He questioned the target effective date of March 1.

“This seems like an aggressive approach, as most citizens don’t know it’s coming and do not know if their properties fit the ordinance requirement,” Bruynell said.

He also questioned a provision that requires the designated property manager to have an office in Pasco County.

“We request that the ordinance allow property managers from neighboring counties,” he said.

Andrew Dougill, a professional property manager, also weighed in.

Dougill, a member of the board for the Tampa Bay chapter of the National Association of Residential Property Managers, said his group represents professional managers of single-family rental properties.

“Our organization is here to speak in favor of the rental registry ordinance. We recognize that the Sheriff’s department has a problem with vacant properties, with slumlords, so we’re very much in favor of that.

“We do have a couple of concerns with the ordinance as written,” he added.

“The first one is the requirement that the property manager maintains a business office in Pasco County. Many of the residential properties in Pasco County are managed by property managers in Hillsborough, Pasco and Hernando — so requiring a business office in Pasco County will cause thousands of current landlords in the county to lose their professional manager, which is obviously an unintended consequence and is not the intent of the ordinance,” Dougill said.

“The second issue we have is the definition of a property manager.

“As written, it seems to allow a property manager to be unlicensed, in violation of Florida statute. We suggest requiring the property manager to be licensed by the state, is the way to go,” Dougill added.

Licensing makes a difference
Carl Stratton, the broker of Dennis Realty and Dennis Property Management, told commissioners he has two offices in Pasco County.

He said his company currently manages about 500 units in Pasco, but also manages properties in Pinellas, Hernando, Citrus and Hernando counties.

Stratton also spoke in favor of lifting the requirement for property managers to have an office in Pasco.

He said it “would be a big hardship on thousands and thousands of owners, who have a trusted relationships with their property managers.”

Instead, he supports the idea that a property manager’s office be within a 50-mile radius of the property.

“I think that would be reasonable,” Stratton said.

Harry Heist, a landlord attorney, noted “the ordinance fails to define property manager.”

Heist went on: “A lot of people don’t realize that there’s two types of property managers out there in the world. There are licensed property managers who have real estate licenses that work under a broker and then there are unlicensed people.

“The unlicensed property managers who manage for absentee owners have caused a serious problem in Pasco County and all over Florida.”

Heist asked the county to amend the ordinance to define a property manager as someone who holds a license to manage property in Florida.

“We feel that it will cut down on a lot of problems and this is what will help the problems you are trying to address,” Heist said.

Sims addressed the issues later in the commission’s meeting.

“I had several meetings with some of the people who were here today, as well as other commercial realtors — people representing various groups that would be affected,” Sims told commissioners.

She said those discussions provided insights, which prompted her to recommend changes to the draft ordinance.

She told commissioners her briefing was intended to share the proposed revisions, so commissioners could react to them before the issue is brought to their Jan. 21 meeting for consideration.

Sims told the board: “I’ve come to understand that one of my big problems — and one of code enforcement’s big problems is — these illegitimate, non-licensed property managers: John Smith sticks an index card up in his window at the mobile home park and says he’s the property manager, but he’s not a licensed person. And that park is owned by an entity who is out of state, out of county, etc., etc..”

She’s recommending the definition of a property owner be changed to require it to be a licensed real estate broker.

She’s also recommending those licensed property managers could be from Pasco and abutting counties.

“We feel like we’re going to get responses from people who are holding a real estate license,” Sims said.

She also plans to recommend an April 1 effective date, though the system is expected to go live on March 1, so people would have access to it.

Additionally, Sims plans to bring back two follow-up ordinances. One would duplicate the state law that prohibits a person from acting as a property manager, without the proper licensure.

The other would require apartments, condos and commercial properties to have a permanently posted notice containing contact information for the property.

The proposed changes, she said,  “takes out a lot of the people who aren’t really our problem. It takes out logistical issues for  apartments and commercial realtors, who are dealing with tenants that may come in and out.

“And, I think is more narrowly tailored to address — at least at this point — to address what is our current focus and problem.”

Chase Daniels, assistant executive director, for the Sheriff’s Office said, “It gets us to where we want it to be. It still gives us the teeth we’re looking for.

“We certainly don’t want to impose on these groups that are doing the right thing.”

Commissioner Kathryn Starkey said she’s encouraged to see support for the ordinance.

“I agree with all of the little tweaks. They seem reasonable. We never wanted this to be onerous. But, we want to have a tool,” Starkey said.

Commissioner Mike Wells added: “All of these changes make sense. I appreciate your taking the time to meet with the stakeholders, over and over again, to listen to them.”

Commissioner Jack Mariano agreed: “You guys have done a great job, working together on this, getting the feedback from the public. We wanted to get an ordinance with some teeth in it, but at the same time not be too onerous.”

Published January 15, 2020

Pasco crackdown begins on illegal ‘donation’ bins

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Pasco County is ramping up enforcement efforts in a quest to put an end to the unlawful placement of donation bins, and illegal dumping that the bins tend to attract.

News of the crackdown came during the Pasco County Commission’s May 21 meeting, when Commissioner Mike Moore advocated banning the bins.

“I hate to call them donation bins because most of them aren’t actual donation bins,” Moore said. “I’d like to see an outright ban. When I say an outright ban, I mean, never again in Pasco County, that I think any of these should be placed anywhere.”

Pasco County is cracking down on illegal donation bins and unlawful dumping. (Courtesy of Pasco County Commissioner Mike Moore)

But, Senior Assistant County Attorney Kristi Sims told commissioners that she’s not sure a total ban would hold up in court.

“I am quite confident that we would be sued,” Sims said. “I cannot stand up and tell you that we would win.”

That’s because legal cases involving charitable solicitation are classified as First Amendment cases and it’s difficult to predict what the court would do, Sims explained.

“There are a number of court cases where there have been permitting schemes that have been upheld,” Sims said.

Pasco County’s ordinance allows the bins, but requires them to be permitted.

“Our current ordinance and permitting process does not allow these donation bins to be placed anywhere, except on improved, paved surfaces, on a developed and occupied nonresidential parcel,” Sims said.

A site plan and written consent from the property owner also are required, the attorney said.

There are other requirements, too.

“They’re supposed to be regularly emptied. They’re supposed to be marked. If they’re not for charitable purposes, there’s supposed to be signage that says this is a for profit entity,” Sims said.

“Both the owner of the bin and the property owner are responsible for having a permit,” Sims noted.

The ordinance does allow some exceptions, for recycling facilities and churches, for instance, Sims added.

She also told commissioners that “there has never been a large enforcement action to get what we require together and going, until now.”

She said the county’s attorney’s office recently sent out demand letters to property owners, notifying them they have an illegal donation bin on their property that they may not know about.

Sims said, the county’s letter said, “If you’ve been the victim illegal dumping, then contact us and we will follow the process that we did with one last week, which was to have road and bridge go out and collect the materials, dispose of the junk, confiscate the bin and then investigate it for illegal dumping.

“If it is over a certain tonnage, that could be felony dumping, so we’ll work with the Sheriff’s Office to obtain restitution and make those cases.

“Of the 40 letters that went out, we are expecting probably at least half of them, the response from owners to be: “We have no idea why this is here.”
The county will give the property owners notified until July 1 to go through the permitting process, Sims said, noting it takes some time to process the permit requests.

Sims also noted that 15 of the 40 letters were sent to the same company.

Moore said he thinks the crackdown will be effective.

“So far, we’ve had zero people come in to actually get a permit and sticker for their ‘donation bins,’” Moore said.

When he brought the matter to the board’s attention a couple of years ago, the problem was bad. It tapered off for a while, but is worsening, he said.

He showed board members some photos.

“You can see through the debris, there is two of those donation bins sitting there.

“Think of the cost to the county, or private property owners, including tipping fees and time,” Moore said.

“A lot of these show up when the textile market’s strong, when the commodity is strong,” Moore said. It must be strong now, he added, because more are popping up.

Sims advised board members: “I would suggest that we give it the summer to play out, and see how many of these shake out, when we send out these letters.

“I would like to think that once we do an enforcement action, which we have not done yet, that this will not be known as a friendly county in which to start dumping your bins all over the place,” Sims said.

Moore responded, “potentially, this could play out well.”

In an interview after the meeting, Moore said, “the week before last, we got permission from a property owner to come out and confiscate two bins. They put two next to each other. There had to have been anywhere from eight to 12 mattresses.”

There was also a refrigerator and other items, Moore said, adding that he suspects it was a junk hauler that dumped the stuff.

The same thing happened after the bins were removed.

Moore said the county wants to go after both the people who are placing the bins illegally, and the people who are dumping illegally.

He asked that anyone who has been the victim of illegal dumping to install cameras to help the county catch the criminals.

“In the state of Florida, anything over 500 pounds is considered a third degree felony. Besides fines, there’s also possible jail time.

The county is serious about pursuing legal action, Moore said.

“There’s no slap on the wrist. We will prosecute. We’re done,” Moore said.

Sims urged any property owner who has a donation bin on their property without their permission to report it. The county will confiscate it and use it for evidence in illegal dumping cases, she said.

To make the report, email .

Report a problem:
If someone has placed a donation bin on your property without your permission, report it to the county. They will confiscate it and use it for evidence in illegal dumping cases. To make the report, email .

Published June 05, 2019

Pasco commissioners seek way to stop panhandlers

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They already have an ordinance on the books that addresses panhandlers, and another one that addresses trespassing.

But, the Pasco County Commission still hasn’t found an effective way to put a stop to panhandling.

“We have a panhandling ordinance in place. We write a lot of tickets to all of the people that are doing the panhandling. One gentleman has 240 tickets,” Commissioner Jack Mariano said during the commission’s Oct. 9 board meeting.

Pasco County Commissioner Jack Mariano (File)

Pasco County sheriff’s deputies don’t know what else to do, he said.

“They don’t want to take them to jail to fill up the jail. What do you do next?” the commissioner said.

Mariano has an idea.

He wants to try to dissuade people from giving donations to panhandlers.

He wants the county to send a message that “we don’t want you donating to the panhandlers.”

He thinks that would help put a stop to the panhandling problem.

Commissioner Kathryn Starkey agrees that there’s a problem. She told her colleagues that she was aware of a panhandler working on one side of a turn-lane on Starkey Boulevard who was cited, so he simply moved to the other side of the road.

“Apparently, it’s site specific when you cite them. I think we have to readdress that ordinance,” Starkey said. She thinks the ordinance should address panhandling that happens anywhere in the county.

Senior Assistant County Attorney Kristi Sims explained the actions the board has taken to date.

“So, when the board enacted its ordinance concerning road solicitation, or panhandling — that is a civil violation and yes, tickets were written,” Sims said. “People would turn the tickets over and use them as another sign, on the backs of their tickets. It was not being paid. It wasn’t particularly effective with some of the panhandlers in the county.

“If you’ll recall, when it started, it (panhandling) was ubiquitous — on almost every corner and growing.

“There was certainly a hard-core population of people who are violating the road solicitation ordinance, so this board went further and implemented a trespass ordinance that allows the sheriff to trespass them off of public property, intersections and yes, that is site specific,” the attorney said.

If that’s not working, Sims suggested two options. One would be to work harder on the trespass option, or two, violation of the ordinance is theoretically punishable by up to 60 days in jail.

“However, we would need to fund and pay for representation for indigent defendants to do that,” she said.

“The only thing left is jail,” Sims said. “I can’t make a certain segment of panhandlers care that they’ve received a citation.”

Mariano thinks the county should warn people who are giving to panhandlers that they should stop doing so.

“I think when someone gets a couple of warnings, they’re going to stop. When the panhandlers see that these people are being warned not to donate, I think we can deter it that way.

“Because obviously, what we’re doing is not working. We need some type of change. I think this is something, that this would be a very positive move to try to diminish what’s happening out there,” Mariano said.

Commission Chairman Mike Wells Jr., said he favors taking action to reduce panhandling because he worries about the safety of people who are seeking donations.

Mariano suggested having a workshop to discuss updating the ordinance, and commissioners asked County Administrator Dan Biles to put together a list of the county’s priorities so they can discuss during their next meeting when they might want to set up that workshop.

Biles agreed to bring back that list.

Published October 17, 2018

Pilot code enforcement program yields results

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A more proactive approach to reducing blight in Pasco County appears to be working, and the Pasco County Commission wants the efforts to continue.

Commissioners approved a pilot program in April 2017, described as “high return enforcement.”

The focus was to become more aggressive in pursuing the worst of the county’s code violators through the use of fines and court actions.

A pilot program to take proactive actions to reduce blight in Pasco County resulted in demolition of about 50 mobile homes in the former Lazy Breeze Mobile Home & RV Park, outside Dade City. (Courtesy of Pasco County)

A partnership of county departments, including the county attorney’s office, Pasco County Sheriff’s Office, code enforcement and building inspections have worked together, using existing staff members and resources.

The program has received no dedicated funding.

Assistant County Attorney Kristi Sims presented a progress report during a recent workshop in New Port Richey.

“The idea was to use what we had and to reorganize to take on more than what would normally have been taken on,” said Sims.

The program focused on repeat offenses, danger to health and public safety, and violations with serious impacts to the community.

Highlights from the past year include:

  • 63 blighted structures were demolished by property owners
  • 55 blighted structures were demolished by Pasco County
  • 17 demolitions are pending
  • 10 nonconforming signs have been removed or converted to monument signs
  • 46 signs have been repaired
  • More than 8,500 illegally stored tires were removed from five sites, as a result of lawsuits
  • Lawsuits are pending against five owners of vacant, dilapidated commercial buildings

One court case, settled in 2017, led to the removal of about 40 mobile homes and as many as 15 recreational vehicles at the Lazy Breeze Mobile Home & RV Park, off U.S. 301, outside Dade City.

“We’ve done a lot with a little,” Sims said. “It’s up to the board to decide if they want us to continue doing it.”

The program won praise from county commissioners.

“I think the public really notices,” said Pasco County Commissioner Kathryn Starkey.

More than 8,500 illegally stored tires were removed from several sites as a result of a pilot program to take proactive actions to reduce blight in Pasco County.

In her district, Starkey said no one has a problem with removing blight because “it’s keeping their property values down. It’s keeping commerce and business out.”

Pasco County Commission Chairman Mike Wells Jr., also complimented the program’s results.

He had one cautionary caveat.

“We shouldn’t be overregulating and hurting small businesses,” said Wells. But, he did favor demolitions, and other actions that address matters of life and public safety.

The county’s priority is “not to go out and bust people’s chops about a sign or bushes,” he added.

Sims said the program relies on a scoring system to prioritize the worst offenses, including factors such as safety risks.

“Our goal is to strategize enforcement based on the board’s goals,” she said.

“Commercial blight is an expressed priority of this board,” Sims said.

She also noted that the county is flexible in scheduling a timetable to complete repairs.

“Our goal isn’t to eradicate a business or use, if it can be fixed,” Sims said. “What we’re looking for is compliance, and progressing toward fixing it.”

One of the challenges is to balance an employee’s everyday workload with the additional duties required by the new enforcement efforts, Sims said.

A lot of time is taken up with clerical work, and the need for up-to-date communications on work done by multiple departments. Additional staff for clerical work and building inspections is needed, Sims said.

County commissioners seemed to be receptive to the idea of including funds in the 2019 budget to address some of these issues.

Published May 9, 2018

Pasco County moves to speed up demolitions

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Pasco County has new rules aimed at speeding up the demolition of blighted, and unsafe commercial buildings.

The Pasco County Commission initially agreed in August to amend an existing ordinance to make the process faster, after Kristi Sims, a senior assistant county attorney, presented the ordinance.

The final ordinance, approved by commissioners on Sept. 26 in New Port Richey, requires demolition within 30 days of a posted notice that a building is unsafe or unsound, and must be torn down.

Previously, the ordinance required action within 60 days of the notice.

Pasco also will no longer publish demolition notices in newspapers. Instead, public notification will be posted on the county’s website and at the county’s government centers in east and west Pasco.

That change allows building inspectors to post notice at the targeted site and online the same day. Previously, they had to factor in the print publication date.

Appeals will be decided by volunteers serving on the Pasco County Construction Board. Previously, county commissioners heard appeals.

Appeals must be made within 30 days. The cost is $400.

Sims said committee members will receive a list of criteria to use as guidelines for reaching their decisions.

Committee members were consulted beforehand about their new role. Members come from the construction industry and already handle appeals related to licensing and permitting.

Some of their hearing duties will be reduced to allow time for demolition hearings, Sims said.

“They all seemed very comfortable with sitting as a quasi-judicial fact-finder (committee),” she said.

The construction board during appeals will consider plans submitted to rehabilitate properties. Plans must be specific as to how and when repairs will be made in timely manner.

Owners filing appeals also can contest whether the condemned building meets the county’s criteria for demolition, or whether demolition can be completed in a timely manner.

This latest tightening of code enforcement efforts is part of a long-range plan county commissioners have pursued in the past two years to reduce blight.

Their focus has been on neglected properties along major corridors including U.S. 19, U.S. 301 and U.S. 41.

Published Oct. 11, 2017

Pilot program to get tough on code violators

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The Pasco County Commission has approved a pilot program to more aggressively pursue the worst of the county’s code violators through the courts.

In coming months, the county attorney’s office hopes to increase the number of lawsuits filed against individuals and property owners who seem to skirt the current system of citations and fines. In cases where judges issue injunctions, repeat violations could produce contempt of court orders and jail time.

Marc Bellas is organizational performance management administrator for Pasco County.
(File)

Legal action will be taken on a case-by-case basis in partnership with county department heads and staff members who single out their worst violators. Those cases will be reviewed by the county attorney’s office and prioritized for legal action, based on specific criteria.

Factors the attorney’s office will consider include repeat offenses, danger to health and public safety, and violations of “high impact” to the community.

Marc Bellas, the county’s organizational performance management administrator, and Kristi Sims, senior assistant county attorney, presented the pilot program to county commissioners on April 25 in New Port Richey.

“Generally, enforcement is reactive,” said Bellas. “Complaints come in, and we respond. This happens day after day after day,” he said.

The current process strains the county’s manpower, and Bellas added, “The system of warnings and letters are not always a deterrent.”

Code enforcement generally operates with a cycle of investigate, issue a warning and wait for compliance. Most of the time, it works. But, some violators comply only temporarily. The case is closed, and then, months later the violation is repeated.

The pilot program aims to be a tougher, more proactive approach, Bellas said.

Departments that will work with county attorneys include the sheriff’s office, fire inspection, customer service, building inspection, stormwater management and environmental lands.

Sims described the program as “a more sophisticated, creative enforcement” approach. The volume of citations can be overwhelming, she said. “I felt like I was mowing the same weeds, over and over, instead of extracting a weed.”

At this time, no additional funds are being sought. In the future, though, the county will assess the program’s success and determine if funds need to be included in annual budgets to cover legal expenses related to investigations and filing lawsuits.

County commissioners unanimously voted for the program, but did have concerns.

Pasco County Commission Chairman Mike Moore asked that code enforcement continue to focus on major corridors, including U.S. 19, U.S. 41 and U.S. 301.

Commissioners approved a plan more than a year ago to increase code enforcement efforts along those corridors to end blight, and clean up vacant commercial properties.

Several sweeps in those areas have been conducted in the past year.

“We want to stay on task,” Moore said.

Sims said those corridors, and abandoned properties, will have a high priority.

Bellas said he is not aware of any other county in the state that has adopted a similar, proactive enforcement program.

“We’ll set the example for it,” he said.

Revised May 3, 2017

New rules ahead for dispensing medical marijuana

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Voters statewide overwhelmingly said they want more people with debilitating illnesses to receive the benefits of medical marijuana.

But, approval of the constitutional amendment in the Nov. 8 general election is only a first step in expanding an existing, but limited, medical marijuana program.

State lawmakers and health department officials will have a say in what comes next.

TitleIn the interim, Pasco County commissioners are considering local zoning rules to restrict dispensaries to industrially zoned areas of the county. They also are considering a one-year extension on a moratorium that bans the cultivation, processing and dispensing of cannabis, which is used to produce medical marijuana.

The current moratorium expires on Dec. 31.

“This moratorium is to keep things from popping up outside of what you’re already proposing, until the legislature acts next year,” said Kristi Sims, an assistant county attorney.

According to the newly approved constitutional amendment, the Florida Department of Health has six months to issue guidelines for expanding the state’s current program.

However, lawmakers during the 2017 legislative session could put their imprint on the process as well.

Currently, a low level form of medical marijuana, known as Charlotte’s web, is legal in Florida for patients with certain seizure disorders. Terminally ill patients can qualify for stronger potencies of medical marijuana.

Based on state law, to date, only six dispensaries are licensed to distribute medical marijuana.

New state rules would allow more illnesses to be treated with medical marijuana, and more potent forms of medical marijuana as well. The number of dispensaries also is expected to grow.

On Nov. 29, Pasco County commissioners reviewed a proposed ordinance establishing rules of operation for dispensaries. In addition to locations within industrial zones, dispensaries would be at least 1,000 feet from establishments such as schools, day care centers, churches, pharmacies and drug treatment facilities. They could be no closer than 500 feet from a residence. And, a one-mile distance would be required between each dispensary.

Public hearings, and votes by county commissioners, on the moratorium and zoning regulations will be on Dec. 13 at 1:30 p.m., at the historic Pasco County Courthouse, at 37918 Meridian Ave., in Dade City.

Published December 7, 2016

Pasco grapples with marijuana dilemma

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Pasco County commissioners want to extend an existing moratorium on the growth, sales and distribution of cannabis until the end of the year.

The delay would give the county’s legal staff time to craft an ordinance to ban those activities in the future. As a backup, the county would approve regulations to restrict those activities to industrially zoned locations, with conditions.

The ordinance also would update police powers in making arrests for illegal possession of marijuana — which is derived from cannabis.

A one-year ban on cannabis production activities is set to expire on Sept. 2.

But, a Nov. 8 referendum on medical marijuana, if approved, could quickly change the regulatory landscape both statewide and at the local level.

TitleState law currently permits, in some instances, a non-euphoric form of marijuana, known as Charlotte’s web, for medical use by patients with epilepsy, seizure disorders or who are terminally ill. Only one organization is approved to dispense the product so far, with the first delivery of medical marijuana going to a resident of Hudson.

The state referendum proposes to broaden when medical marijuana is allowed and open the door for new dispensaries.

No dispensing sites have been approved in Pasco, but county officials said they have received inquiries about future retail sites within the county.

At a July 19 workshop in New Port Richey, the county’s attorneys sought guidance from commissioners on how to tackle the evolving marijuana issue.

They offered several options, including a total ban on dispensaries, which some counties are choosing to do.

The ban also would establish regulations as a backup to legal challenges.

“I call it a dry county kind of option,” said Kristi Sims, senior assistant county attorney, in outlining Pasco’s choices. “You can expect probably some litigation. It does carry with it the obligation to defend it, if it is challenged.”

Another option would allow dispensaries in commercial areas and calls for regulating them like pain management clinics.

Public hearings would be held before commissioners vote on the ordinance.

In recent years, 25 states have opted to approve medical marijuana, decriminalize its use or allow recreational use.

Supporters say legalizing marijuana benefits people with illnesses that haven’t responded to traditional medicines. They also say it fills state coffers with tax revenues, and reduces incarceration costs related to arrests for sale or possession of marijuana.

Opponents say medical marijuana will only open the door to recreational uses, addictive behaviors and increases in crime.

The Pasco County Sheriff’s office provided commissioners with data on crime and marijuana use in states, such as Colorado and California, where marijuana is legal in some form.

Colorado has fully legalized marijuana use. About 7,000 reported crimes occurred within 1,000 feet of some dispensaries in the first six months of 2012 and 2013, according to a report from the Colorado Police Chiefs Association.

Based on federal banking regulations, dispensaries offer cash-only sales for medical marijuana. That’s affecting crime rates, the association’s reporting shows.

“The problem with this is they (dispensaries) obviously are very easy sitting targets,” said Chase Daniels, spokesman for the Pasco Sheriff’s Office.

California is a medical marijuana state, also operating dispensaries with cash only. Police reported about 200 percent increase in robberies and 130 percent increase in automobile burglaries largely, Daniels said, “because so much cash is on hand.”

“It’s really caused quite a bit of problems,” said Pasco County Commissioner Jack Mariano. “Statistics on crime are horrible.”

Commission Chairwoman Kathryn Starkey said she’d read about families relocating to Colorado specifically to obtain legal marijuana for their ailing children.

But, Starkey also noted that the crime data is of serious concern and should be considered in deciding how Pasco should proceed.

Commissioner Mike Wells said he wanted more information on how medical marijuana helps people, especially children. “I’d still like to hear how others see this as a help. What’s the economic impact? We still need to be open to it. We have some time.”

County attorneys, in crafting the new ordinance, have an array of conditions that can be applied to dispensary permits.

Those conditions can include advertising limitations, no vending machines, no co-location with other medical facilities, a ban on sales of marijuana-related paraphernalia, regulations on sale of edible products, and an annual registry.

Legal staff urged commissioners to approve the ordinance prior to the Nov. 8 referendum to establish some “grandfathered” rights for the county, in the event the ordinance is at odds with what the state finally approves.

“It may get a little more respect if it’s in place prior to,” said Sims.

Published July 27, 2016