Agenda - Council - 04/14/2009 - Laserfiche WebLink

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Background At its March 31, 2009 Work Session, the City Council discussed public nuisance violations and the need for a hearing board per Chapter 5 of the City Code. In the event that a citation is issued for a violation of the City Code, the property owner has the right to appeal the citation. The role of the Board of Administrative Hearings is to act as the Hearing Examiner as defined in the City Code, Section 5.20, and to take testimony from all interested parties; affirm, appeal or modify the citation; and prepare findings of fact. By consensus, the City Council determined that it would appoint Council Member John Dehen, Mr. Jason Tossey and Mr. Bill McGowan to the Board of Administrative Hearings. It was . decided that Council Member Dehen would vote as a member of the City Council only in the event of a tie and then he would vote in favor of the Board of Administrative Hearing's recommendation. At the March 31, 2009 Work Session, Community Development Director Amber Miller explained that it may not be permissible to have a City Council member serving on the Board of Administrative Hearings because the City Council would also serve as the Board of Appeals in the event that a decision of the Board of Administrative Hearings was appealed. City Attorney Goodrich has opined that members of the City Council should not serve on the Board of Administrative Hearings due to the potential conflict which may impact due process and the property owner's right to have an independent party review the decision of the Board of Administrative Hearings. Therefore, the City Council may wish to consider appointing a third person to the Board of Administrative Hearings in lieu of appointing a Council Member. Recommendation Appoint Mr. Jason Tossey and Mr. Bill McGowan as members of the Board of Administrative Hearings. Funding Source The stipends for the members of the Board of Administrative Hearings would be taken from the Boards and Commissions budget. Reviewed by City Administrator CC: 04 -14 -09 CONSIDER A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF ADMINISTRATIVE HEARINGS By: Givonna Reed Kone, Human Resources Manager PC CASE # —105—