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Code Enforcement Board

Wednesday, September 16, 2026 · Government meeting record

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Code Enforcement Board

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I. PLEDGE OF ALLEGIANCE II. OATH OF OFFICE FOR NEW AND RETURNING MEMBERS III. ROLL CALL IV. ELECTION OF CHAIR AND VICE CHAIR V. CELL PHONE ANNOUNCMENT VI. EXPLANATION OF HEARING PROCEDURES VII. EXPARTE` COMMUNICATION DISCLOSURE VIII. HEARINGS IX. OTHER OLD BUSINESS IX.1 Adoption of the Rules of Procedure Draft Rules of the CEB - Version 2 redline.docx IX.2 Approval of Minutes for June 17, 2026 and July 15, 2026 07.15.2026 CEB Minutes .docx 06.17.2026 CEB Minutes.docx X. OTHER NEW BUSINESS XI. CITY ATTORNEY REPORT XII. ENFORCEMENT STAFF REPORTS XIII. BOARD MEMBER REPORTS XIV. PUBLIC COMMENTS FOR NON-AGENDA ITEMS XV. CONFIRMATION OF NEXT MEETING DATE AND TIME CODE ENFORCEMENT BOARD REGULAR MEETING WEDNESDAY, SEPTEMBER 16, 2026 – 11:00 AM 10451 GULF BOULEVARD TREASURE ISLAND, FL 33706 MEETING NOTICE AND AGENDA

XVI. ADJOURNMENT For any person desiring to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based [F.S. 286.0105]. NOTE: Any transcript shall be requested and made by the individual requesting same at his or her own expense. Therefore, a court reporter may be desired or required accordingly. Any person with a disability who needs any accommodation in order to participate in this proceeding is entitled to assistance at no cost. Please contact the Office of the City Clerk in writing at 10451 Gulf Boulevard, Treasure Island, FL, 33706 or by phone at (727) 547-4575 at least two working days prior to the meeting to advise what assistance is needed.

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I. PLEDGE OF ALLEGIANCE II. OATH OF OFFICE FOR NEW AND RETURNING MEMBERS III. ROLL CALL IV. ELECTION OF CHAIR AND VICE CHAIR V. CELL PHONE ANNOUNCMENT VI. EXPLANATION OF HEARING PROCEDURES VII. EXPARTE` COMMUNICATION DISCLOSURE VIII. HEARINGS IX. OTHER OLD BUSINESS IX.1 Adoption of the Rules of Procedure Draft Rules of the CEB - Version 2 redline.docx IX.2 Approval of Minutes for June 17, 2026 and July 15, 2026 07.15.2026 CEB Minutes .docx 06.17.2026 CEB Minutes.docx X. OTHER NEW BUSINESS XI. CITY ATTORNEY REPORT XII. ENFORCEMENT STAFF REPORTS XIII. BOARD MEMBER REPORTS XIV. PUBLIC COMMENTS FOR NON-AGENDA ITEMS XV. CONFIRMATION OF NEXT MEETING DATE AND TIME CODE ENFORCEMENT BOARD REGULAR MEETING WEDNESDAY, SEPTEMBER 16, 2026 – 11:00 AM 10451 GULF BOULEVARD TREASURE ISLAND, FL 33706 MEETING NOTICE AND AGENDA 1

XVI. ADJOURNMENT For any person desiring to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based [F.S. 286.0105]. NOTE: Any transcript shall be requested and made by the individual requesting same at his or her own expense. Therefore, a court reporter may be desired or required accordingly. Any person with a disability who needs any accommodation in order to participate in this proceeding is entitled to assistance at no cost. Please contact the Office of the City Clerk in writing at 10451 Gulf Boulevard, Treasure Island, FL, 33706 or by phone at (727) 547-4575 at least two working days prior to the meeting to advise what assistance is needed. 2

AGENDA ITEM NO. IX.1 Item Cover Page DATE: September 16, 2026 SUBMITTED BY: Tia Payton, Administration ITEM TYPE: For Consideration and Discussion AGENDA SECTION: OTHER OLD BUSINESS SUBJECT: Adoption of the Rules of Procedure BACKGROUND: POLICY/PURPOSE: STRATEGIC PLAN RELEVANCE: ANALYSIS/DISCUSSION: FUNDING: MOTION: CODE ENFORCEMENT BOARD AGENDA ITEM REPORT ATTACHMENTS: Draft Rules of the CEB - Version 2 redline.docx 3

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 1 Rules of the City of Treasure Island Municipal Code Enforcement Board Rule 1 – Applicability These Rules shall govern the meetings and hearings of the City of Treasure Island Municipal Code Enforcement Board. Rule 2 – Definitions For purposes of these Rules, the following definitions apply: “Alternate Member” means any person appointed or designated by the City Commission as an alternate member of the CEB pursuant to Section 2-131 of the Code. “CEB” means the City of Treasure Island Municipal Code Enforcement Board. “City” means the City of Treasure Island, Florida. “Clerk” means the Clerk of the City of Treasure Island, Florida or the Clerk’s designee. “Code” means the Code of Ordinances of the City of Treasure Island, Florida. “Code Inspector” has the meaning set forth in Section 2-106 of the Code. “Correctable Violations” are all violations that are not Irreparable or Irreversible Violations. “Enforcement Hearing” means a hearing placed on the agenda of the CEB pursuant to Section 2- 161 of the Code, and includes alleged first violations, repeat violations, failures to comply with previous orders of the CEB, as well as requests for imposition of fines, administrative fees, or costs of repairs pursuant to Sections 2-161, 2-164, and/or 2-165 of the Code. “First Violation Order” means an order issued by the CEB pursuant to Rule 19. “Member” means a member of the CEB. “Major Violation” is a violation where the actual or potential impact of the violation upon the health, safety, or welfare of the residents of the City, or upon the environment, is substantial or severe. “Minor Violation” is a violation where the actual or potential impact of the violation upon the health, safety, or welfare of the residents of the City, or upon the environment, is minimal or nonexistent. “Moderate Violation” is a violation where the actual or potential impact of the violation upon the health, safety, or welfare of the residents of the City, or upon the environment, is greater than minimal or nonexistent, but less than substantial or severe. 4

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 2 “Noncompliance Order” means an order issued by the CEB pursuant to Rule 20. “Repeat Violation” has the meaning set forth in Section 2-106 of the Code. “Repeat Violation Order” means an order issued by the CEB pursuant to Rule 21. “Respondent” means any person who is accused of violating the Code and who is the subject of an Enforcement Hearing. “Rule” or “Rules” means one or more Rules of the City of Treasure Island, Florida Municipal Code Enforcement Board. Rule 3 – Authority These Rules are adopted by the CEB pursuant to Sections 2-136(1) and 2-161(a) of the Code. Rule 4 - Interpretation These Rules do not, and should not be interpreted, to limit or narrow the authority or discretion granted to the CEB by the Code, the laws of the State of Florida, or any other laws; or grant any rights or privileges to any person not granted to such person by the Code, the laws of the State of Florida, or any other laws. When these Rules conflict with the Code, the laws of the State of Florida, or any other law, the Code, the laws of the State of Florida, or other law shall prevail. Rule 5 – Chair and Vice Chair A. The Chair shall preside at all meetings and hearings of the CEB and shall have the duties normally conferred by parliamentary procedures. B. In addition to electing a Chair pursuant to Section 2-135 of the Code, the CEB shall elect a Vice Chair annually by majority vote. The Vice Chair shall perform the duties of the Chair in the absence of the Chair. C. In the event of a vacancy, the CEB shall immediately elect a new Chair and/or Vice Chair. D. Any Member may be designated as temporary Chair in the absence of both the Chair and Vice Chair by majority vote of the Members present. Rule 6 - Alternate Members In the event of the absence of one or more Members, an Alternate Member may participate in all meetings and hearings of the CEB, vote on all matters before the CEB, and exercise all of the rights and privileges of a regular Member. Alternate Members who are not acting as full members may attend and participate in any meeting of the CEB but are not allowed to vote on any matter. Rule 7 – Administration and Support The Clerk shall maintain all official records of the CEB, including the minutes of each meeting, and shall prepare and issue orders and notices on behalf of the CEB as provided in these rules. 5

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 3 Rule 8 – Meetings, Notice, and Records A. The CEB shall meet at least monthly, but may meet more often as necessary. If there are no Enforcement Hearings, no Old Business, and no New Business on the agenda for a Meeting, the Meeting shall be cancelled. B. The Clerk shall issue notice of all meetings to each member of the CEB. The meeting notice shall contain an agenda and agenda packet as provided in Rule 11. The Clerk shall provide immediate notification of any change of meeting date or time. C. All records of the Board shall be open to public examination, inspection and copying in accordance with the provisions of the Florida "Public Records Law" (Chapter 119, Florida Statutes). Rule 9 – Conduct of Meetings; Public Comment A. The Chair, or in the Chair’s absence the Vice Chair, shall call the meeting to order at the appointed time for the meeting. In the absence of both the Chair and the Vice Chair, the Clerk will call the meeting to order and ask the present Members to select a temporary Chair. Upon arrival of the Chair or Vice Chair, the temporary Chair shall relinquish the chair upon the conclusion of the business immediately before the CEB. B. Meetings of the CEB shall be governed by the Code, these Rules, and by Robert's Rules of Order, Newly Revised, except that Robert's Rules of Order shall be advisory and not mandatory. In the event of a conflict between Robert's Rules and these Rules, these Rules shall govern. C. All Meetings shall be open to the public in accordance with the provisions of the Florida "Sunshine Law" (Chapter 286, Florida Statutes). D. All proceedings shall be conducted in a respectful and orderly manner. The Chair shall preserve order and decorum and may rule any person out of order who is disruptive, fails to comply with rules, or engages in inappropriate behavior. E. The Chair may impose reasonable requirements and restrictions to maintain good order and decorum, which may include time limitations and sign-up lists for public comments. F. At the conclusion of business, the Chair shall call for a motion to adjourn the meeting. Rule 10 – Special Meetings A Special Meeting may be called by the Chair, by majority vote at a meeting, or by the written request of three (3) members to the Chair. Rule 11 – Agenda and Order of Business A. The Clerk shall publish an agenda for all meetings of the CEB with an agenda packet containing any matters that would assist the Members in preparing for the meeting. A form agenda is attached as Appendix 1. 6

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 4 B. The CEB shall follow the order of business contained in the agenda, but the order of business contained in any Agenda may be altered by the Chair or by majority vote of the CEB. C. Any Member may request that an item (other than Enforcement Hearings) be placed on the agenda by providing reasonable notice to the Clerk. D. Code Inspectors may refer an enforcement matter to the CEB by requesting that the Clerk place an Enforcement Hearing on the CEB’s agenda. Rule 12 – Conflicts of Interest and Ex Parte Communications At each Meeting, the Chair shall provide all Members the opportunity to disclose any conflicts of interest, ex parte communications, or other matters that might require a Member’s abstention from participating in any matter on the agenda, as provided in Section 2-109 of the Code. A sample announcement is contained in Appendix 2. Rule 13 – Cell Phones and Electronic Devices All persons attending any meeting of the CEB shall turn off or silence any cell phones or electronic devices that might disturb the proceedings of the CEB, and the Chair shall remind everyone of this requirement at all meetings. A sample reminder to be read at a meeting of the CEB is contained in Appendix 3. Rule 14 – Enforcement Hearings -- General A. Anyone who intends to testify during an Enforcement Hearing must declare that he or she will testify truthfully by taking an oath or affirmation in the following form: “Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?” This oath or affirmation will be administered by the Clerk or the Chair prior to the testimony and may be administered to all those who intend to testify at any Enforcement Hearing scheduled for the meeting at once. Persons who have not been previously sworn must be sworn prior to testifying. B. The CEB shall make its enforcement determinations without granting any presumptions of correctness or deference to any party. C. Any party to an Enforcement Hearing may be represented by counsel but may also represent themselves. Rule 15 – Enforcement Hearing – City’s Presentation A. In all Enforcement Hearings, the City shall bear the burden of proving its case by a preponderance of the evidence and by presenting relevant and reliable evidence of the alleged violation(s) by the Respondent. This burden shall exist regardless of the presence of the Respondent at the Enforcement Hearing. B. The City shall identify with specificity each and every section of the Code that it contends the Respondent violated. 7

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 5 C. The City shall present its case first, and may offer any witness, document, photo, video, or thing that contains or constitutes relevant and reliable evidence of an alleged violation. D. The Respondent shall have the right to cross examine any witness offered by the City. E. If City contends that a fine, imposition of an administrative fee, or award of the costs of repairs is warranted, the City shall present evidence and/or arguments as to the appropriate amounts, including but not limited to the factors to be considered by the CEB under Section 2-165 of the Code. F. In its presentation, the City shall state whether it contends that a violation constitutes a serious threat to the public health, safety, or welfare, or if the violation is Irreparable or Irreversible in nature, as set forth in Section 2-163(e) of the Code. Rule 16 – Enforcement Hearing – Respondent’s Presentation A. The Respondent shall present its case, if any, once the City’s presentation is complete. B. The Respondent may present any witness, document, photo, video, or thing that has or constitutes relevant and reliable evidence to rebut the City’s witnesses, evidence and/or arguments. C. The City shall have the right to cross-examine any witness offered by the Respondent. D. The Respondent may rebut any argument by the City that a fine, administrative fee, or costs of repairs should be imposed, and may offer evidence or arguments as to the factors set forth in Section 2-165 of the Code. E. Any evidence or arguments by the Respondent as to the appropriate amount of a potential fine, administrative fee, or costs of repairs shall not constitute an admission that a violation occurred. Rule 17 – Enforcement Hearing – City’s Rebuttal Upon good cause, the Chair may allow the City to rebut any evidence or argument made by the Respondent during its presentation that could not have been reasonably foreseen by the City during its presentation. Rule 18 – Enforcement Hearing Resolution A. Once all presentations are complete, the Chair shall open the matter to discussion and a vote on whether one or more violations occurred. B. The CEB may seek legal advice from the Board Attorney as to any legal matter relevant to the Enforcement Hearing. C. Once all discussion is complete, the Chair shall call for a vote on each violation alleged by the City. If the CEB does not find that at least one violation has been proven by the City, no discussion of an order, fine, administrative fee, costs of repairs, or other remedy shall occur and the Enforcement Hearing shall be deemed complete. 8

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 6 D. If the CEB finds that the City has proven at least one violation, the Chair shall then open discussion on an appropriate order, fine, administrative fee, costs of repairs, or remedy for the proven violation(s), if any. E. Once all discussion is complete, the Chair shall call for a vote as to an appropriate order for the proven violation(s), if any. Rule 19 – First Violation Order A. If a violation found by the CEB is the Respondent’s first violation, and is not a Repeat Violation, the CEB shall issue a First Violation Order that orders the Respondent to correct the violation(s) by a specified date. The First Violation Order may command the Respondent to take whatever steps are necessary to bring a violation into compliance. B. The CEB shall give the Respondent not less than fifteen (15) days and not more than sixty (60) days from the date the order is signed to correct the violation. C. The First Violation Order shall contain a summary of the CEB’s findings, a reference to the section(s) of the Code violated by the Respondent, the deadline for compliance, a warning that fines, administrative fees, and costs of repairs may be imposed for noncompliance, and a summary of the Respondent’s right to appeal as described in Sections 2-161(g) and 2-169 of the Code. A form “First Violation Order” is attached as Appendix 4. D. If the CEB finds that the violation constitutes a serious threat to the public health, safety, or welfare: a. the First Violation Order must contain a full explanation of the finding and the basis of the finding; b. the CEB may reduce the deadline for correcting the violation or order the violation to be corrected immediately; and c. the CEB shall notify the City Commission of its finding by directing the Clerk to provide it a copy of the First Violation Order. Rule 20 – Noncompliance Order A. If the City contends that a violator has failed to comply with an order issued by the CEB, it may request an Enforcement Hearing to determine whether the CEB should issue a Noncompliance Order establishing the violator’s noncompliance and, if requested by the City, imposing a fine, administrative fee, and/or costs of repairs pursuant to Section 2- 164 of the Code. B. The City shall provide notice to the Respondent of the hearing. The hearing shall generally follow the process described Rules 14 through 19, as appropriate. C. If the CEB finds that the Respondent has failed to comply with an order, the CEB shall issue a Noncompliance Order that may include an order to pay a fine, administrative fee, and/or costs of repairs pursuant to Section 2-164 of the Code. D. The CEB shall provide the Respondent no less than fifteen (15) days and no more than thirty (30) days to pay the fine, costs, and/or administrative fee. 9

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 7 E. The Noncompliance Order shall contain the items set forth in Rule 19(c), as appropriate. A form “Noncompliance Order” is attached as Appendix 5. Rule 21 – Repeat Violation Order A. If the City contends that a violator has committed a Repeat Violation as described in Section 2-163(d) of the Code, it may request an Enforcement Hearing to determine whether the CEB should issue a Repeat Violation Order establishing the violation and, if requested by the City, imposing a fine, administrative fee, and/or costs of repairs pursuant to Section 2-164 of the Code. B. The City shall provide notice to the Respondent of the hearing. The hearing shall generally follow the process described Rules 14 through 19, as appropriate. C. If the CEB finds that a Repeat Violation has occurred, the CEB shall issue a Repeat Violation Order that orders the Respondent to correct the violation immediately. The Repeat Violation Order may command the Respondent to take whatever steps are necessary to bring a violation into compliance. The Repeat Violation Order may also include an order requiring the Respondent to pay a fine, administrative fee, or costs of repairs pursuant to Section 2-164 of the Code. D. The CEB shall provide the Respondent no less than fifteen (15) days and no more than thirty (30) days to pay the fine, costs, and/or administrative fee. E. The Repeat Violation Order shall contain the items set forth in Rule 19(c), as appropriate. A form “Repeat Violation Order” is attached as Appendix 6. Rule 22 – Calculation of Fines A. When determining the amount of any fine, the CEB shall consider the factors set forth in Section 2-165 of the Code. The CEB may also consider whatever additional factors it believes are relevant and appropriate. B. All violations are fact-specific and not easily subject to uniform rules. Nothing in this Rule restricts or limits the CEB’s discretion in determining fines. The provisions of this Rule are for guidance purposes only. C. The CEB may first determine an initial fine based on the gravity of the violation, then may reduce the initial fine based on actions taken by the violator to correct the violation (if any), and then may increase that amount for any previous violations committed by the violator. D. Fines for Correctable Violations i. The calculation of initial daily fine for a Correctable Violation may be based upon whether the violation was a Major Violation, Moderate Violation, or Minor Violation, as follows: Type Major Violation Moderate Violation Minor Violation First Violation $200-250 $150-$200 $25-$150 Repeat Violation $400-$500 $300-$400 $50-$300 10

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 8 ii. Reductions in the initial daily fine based on actions taken by the violator prior to the hearing may be 0% to 100%, depending upon the factors the CEB considers relevant, including the violator’s good faith and cooperation with the City and the CEB, the timeliness of the correction, whether the correction was complete, and actions taken by the violator to ensure the violation will not recur. iii. Increases in the initial fine for a Correctable Violation based on one or more previous violations committed by the violator may be 0% to 50%, based on any factor(s) the CEB finds relevant, including the number, gravity, and recency of previous violation(s). iv. Fines for violations associated with a Noncompliance Order or Repeat Violation Order shall begin to accrue on the date the order is signed by the Chair. v. Daily fines shall continue to accrue until the date the violation(s) are corrected. E. Fines for Irreparable or Irreversible Violations i. The calculation of an initial fine for an Irreparable or Irreversible Violation may be as follows: Major Violation Moderate Violation Minor Violation $4000-$5000 $3000-$4000 $1000-$3000 ii. Reductions in the initial daily fine based on actions taken by the violator prior to the hearing may be 0% to 100%, depending upon the factors the CEB considers relevant, including the violator’s good faith and cooperation with the City and the CEB, and actions taken by the violator to ensure that the violation will not recur. iii. Increases in the initial fine for an Irreparable or Irreversible Violation based on one or more previous violations committed by the violator may be 0% to 50%, based on any factor(s) the CEB finds relevant, including the number, gravity, and recency of the previous violation(s). F. In no event may any fine imposed by the CEB exceed the limits set forth in Section 2- 164(b) of the Code. Rule 25 – Agreed Orders A. The parties may enter into an Agreed Order that resolves all or part of any of issues to be presented at an Enforcement Hearing. The Agreed Order must be signed by all parties. B. The Code Inspector shall present the Agreed Order to the CEB. The Code Inspector shall present sufficient supporting documentation to establish that the Agreed Order should 11

***DRAFT***DMS***8/20/2026 FOR DISCUSSION PURPOSES ONLY 9 be approved by the CEB. If someone other than the Respondent is signing the Agreed Order on the Respondent’s behalf, proof of authorized representation must be submitted. C. The CEB shall either accept or deny the Agreed Order. If the Agreed Order is accepted, the CEB shall issue an appropriate order and proceed with any matters unresolved by the Agreed Order. Rule 26 – Preparation of Notices and Orders The City shall prepare a written draft of all notices and orders to be issued by the CEB promptly after each Meeting for signature by the Chair and issuance by the Clerk on behalf of the CEB. The City and the Chair shall ensure that all written notices and orders properly reflect the determinations of the CEB at the Enforcement Hearing. Rule 27 – The Record A. Any photographs, tapes, discs, or other recordings, documents, exhibits, diagrams, petitions, letters, or other materials presented to the CEB in support of, or in opposition to, an item to be considered by it will be entered into the record. B. The Clerk will be custodian of all the documents entered into the record. The Community Development Department will be responsible for maintaining the documents. C. In the event the CEB determines there was an error or omission regarding placement of an item into record, any member of the CEB may move to correct such error, and such act of correction will be done upon a majority vote of the Members. Rule 28 – Foreclosures A. After the expiration of three (3) months from the date any unpaid lien imposing a fine is recorded, the

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