Agenda - Council Work Session - 10/11/2022

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ARTICLE VII. - ADMINISTRATIVE ENFORCEMENT OF ORDINANCE VIOLATIONS Sec. 2-331. - Findings. The city council has determined that the health, safety, good order, general welfare, and convenience of the public is threatened by certain public nuisances or violations of this Code on property within the city limits and finds the need for alternative methods of enforcing this Code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Accordingly, the city council finds that the use of abatement, administrative citations citationing, and administrative hearings is an addition to any other legal remedy that may be pursued. The city has the option to utilize any of the following three procedures to enforce this Code. These procedures may be used separately, or in combination, to alleviate the violation. (Code 1978, § 5.20, subd. 1; Ord. No. 07-14, § 3, 9-11-2007; Ord. No. 08-32, § 2(5.20, subd. 1), 12-9-2008) Sec. 2-332. - Abatement. (a) Application. This article shall apply to the abatement of all public nuisances and other violations as defined within this Code unless another procedure is specifically provided. (b) Hearing examiner and the administrative hearing. (1) Position created. Thc position of hearing examiner is hcrcby crcNoted. Thc city administrator or his designee may, at thcir discretion and with approval of the city council, contract with third parties for the furnishing of all services of thc hearing examiner as contained in this subsection and set thc rate of compensation therefor in thc city's rates and charges. (2) Duties of hearing examiner. The hcwing examiner shall have the following duties: b. Take testimony from all interested parties. c. Make a complete record of all proceedings. d. Affirm, repeal or modify thc order of thc city administrator and his designees, and prepare written findings of fact. {e}(b) Inspections and investigations. (1) Periodic inspections. The city administrator or their designee shall cause to be inspected all public and private places within the city which might contain a public nuisance or violation as defined in this Code as often as practicable to determine whether any such conditions exist. The city administrator or his designee shall also investigate all reports of public nuisances located within the city. (2) Entry on public and private places. The city administrator or his duly authorized agents may enter upon all public and private places at any reasonable time for the purposes of inspecting those places for public nuisances.