Agenda - Council - 11/25/2008 - Laserfiche WebLink

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Background: CASE # INTRODUCE PROPOSED ORDINANCE TO AMEND CHAPTER 5.20 (ENFORCEMENT) OF CITY CODE By: Amber G. Miller Community Development Director Per the City Council's direction, staff has been working on refining section 5.20 of the City Code to better address non - abatable offenses and to clarify other areas of the section. Observations: As a result of staff's efforts and Council input, the following is a description of the proposed changes to the enforcement regulations: • Previously, the typical administrative fine was $25 for many of the non - abatable offenses. Council felt this was not a disincentive to keep people from becoming repeat offenders. Staff is now proposing an escalating scale per Council's direction to develop a scale that would be more of a deterrent. The initial offense would be $75.00, the 2 offense within twelve months would be $250.00 and the 3rd offense within twelve months would be $500.00. • Language has been added that would allow the history of the property owner's prior violations to be deemed relevant and admissible evidence at any administrative hearing. This would also help address the issue with repeat offenders. • Additionally, there would be a $250.00 filing fee for an administrative hearing. It would be refundable to the petitioner if they are the prevailing party. • Prior to the administrative hearing all petitioners would be required to attend a settlement conference. The settlement conference would be held between the City and the property owner to encourage a resolution prior to a hearing. • In previous cases, we have also had an unreasonable delay waiting for the hearing examiner to render a decision. Staff is proposing the hearing examiner shall affirm, repeal or modify the order the same day as the hearing. They would then have two weeks in which to deliver their written findings to the City. If either party disagrees with the decision, they would have twenty four hours, or next business day, to file notice of appeal. • Once the property has been abated and the items have been removed, Staff would impose a limit on the length of time they would have to be held in storage, with a fifteen day maximum. If the property owner would like to retrieve any items they would either pay the City the cost for storage on the items retrieved or the entire storage bill before being allowed to retrieve any items. Staff is proposing the property owner would pay all fees prior to retrieval. • Additionally, any abated items that are reclaimed and returned to the property by the property owner that are found to be in violation of 5.20 would be immediately abated by the City without having to go through the entire process again. The following items are enclosed for your information: a) Work Session meeting minutes dated July 8, and November 10, 2008; b) Excerpt of City Code with highlights to identify proposed changes to the text. c) Proposed ordinance