Agenda - Council - 12/09/2008 - Laserfiche WebLink

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CASE # ADOPT ORDINANCE TO AMEND CHAPTER 5.20 (ENFORCEMENT) OF CITY CODE By: Amber G. Miller Community Development Director Background: Per the City Council's direction, staff has been working on refining section 5.20 of the City Code to clarify areas of the section and help address repeat offenders. 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 2nd 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 parry 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 Qn 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. Attachments: a) Excerpt of City Code with highlights to identify proposed changes to the text. b) Proposed ordinance -219-