Agenda - Council - 11/28/2023 - Laserfiche WebLink

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• October 12, 2023 Mr. Larson confirmed the $250 deposit was received and provided you with available meeting dates. • October 17, 2023 Lanie and yourself met with Ms. Hanson, Mr. Larson and myself to conduct the Settlement Conference. Details shared during that time are summarized below: o Staff reiterated the cause of the violation being your property (approx. 2.19 acres) has a rooster on it, whereas, City Code requires a 2.5 acre minimum parcel for a rooster. o Staff reiterated that the city has received multiple complaints from multiple neighbors. o Staff explained that the animal chapter of City Code was adopted February 8,2022. At which time, the City Council was active in drafting the code language. Furthermore, six of the seven current councilmembers held seats on the City Council at time of adoption. o Staff further discussed the purpose of the city code is to set forth requirements for parcels in the city that benefit the majority of properties. It was recognized that not all property owners may agree with requirements within code,but are still expected to adhere. o It was asked to Mrs. Trout why a rooster was the best emotional support animal. No response was provided. o It was asked how long the rooster has been on the property. You indicated that 22 chickens were purchased in April 2023. At the time, you believed all 22 were hens. However, one actually was a bantam rooster and the two of you would prefer to keep it as you have grown to like him. ■ This timeline concludes you obtained and were aware of the rooster prior to it being identified as an emotional support animal. o Bantam roosters you believed had a lifespan of approximately four to five years and weighed around four pounds. o You further provided information that you have measured the decibel levels of the rooster crowing via an app on your phone. The decibels ranged in levels, but generally fell around 95 decibels. Just as a reminder, we are following the appeal process identified in city code under Chapter 2, Article 7, Sec 2-332. Below is a snapshot of the code language: Hearing procedure. Any property owner who feels aggrieved by an order of the city administrator and/or designee issued pursuant to this article may request a hearing before the examiner city council. a. Request. 1. Such request shall identify with specificity the basis for the property owner's objection to the interpretation of this Code and notice of violation. 2. Such request shall be filed in writing with the community development department within 14 days after the date of the service of the notice by the city administrator and/or designee. 3. Such request shall include a filing fee as established by the city's rates and charges. This fee will be refundable to the petitioner if found to be the prevailing party.