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City Administrator Norman stated discussion was started in May on involving a municipal court <br />or administrative hearing process rather than sending it to the City Attorney. He noted the <br />process used by the City of Blaine. <br /> <br />Assistant City Administrator Nelson explained that two to three years ago Blaine adopted an <br />administrative hearing process to deal with issues related to code enforcement. Blaine had found <br />staff was spending a lot of time trying to process these complaints but the County had "bigger <br />fish to fi'y" and were not placing a penalty which took the "teeth" out of the enforcement that <br />Blaine was trying to do with regard to cleaning up yards, junk yards, etc. Blaine decided to take <br />it out of the County venue and set up their own administrative hearing process at a City level, <br />issue their own tickets, and have fines paid to the City. She explained that there are steps in this <br />process with notices and time given, it is not an immediate fine. If the individual who was cited <br />for a violation requested a hearing, Blaine would bring in a hearing officer (judge or attorney <br />from an outside source) who would hear both sides of the story and then make a determination. <br /> <br />City Attorney Goodrich noted this is exactly the same process the City has established with <br />regard to youth access to tobacco. <br /> <br />Councilmember Hendriksen stated the process described by Assistant City Administrator Nelson <br />sounded similar to mediation with a disinterested third party, which sounds different than what <br />was described. <br /> <br />City Attorney Goodrich stated she did not intend to describe mediation; that's an entirely <br />different subject. <br /> <br />Assistant City Administrator Nelson stated it was not mediation and they either paid the fine or <br />didn't pay the fine, there was no meeting of a common ground. A hearing officer was hired to <br />hear the resident cited, the City staff's side of the case, and then based on the Code that was in <br />place, decide. <br /> <br />Councilmember Hendriksen asked if the hearing officer was always the same person. <br /> <br />Assistant City Administrator Nelson stated it was not always the same hearing officer. <br />Typically, Blaine selected one hearing officer for the year but, if unavailable, it could have been <br />a different officer. <br /> <br />Councilmember Hendriksen stated if that individual is hired by the city, that individual would <br />probably be, by nature, more sympathetic to the city since he is being paid by the city. <br /> <br />Assistant City Administrator Nelson agreed that the hearing officer is being paid by the city. <br /> <br />City Council Work Session/July 23, 2002 <br /> Page 5 of 11 <br /> <br /> <br />