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<br />Hearing Officer. In addition, if the property owner is not satisfied with the ruling of the Hearing Officer, the <br />next step is to appeal to City Council. <br /> <br />There are some disadvantages to utilizing the court system to resolve zoning code yiolations, which <br />led to Council's initial direction for Staff to research the administrative hearing process. <br />Disadvantages include: <br /> <br />. The delay in the system did not ensure prompt resolution; <br />. Citizens resented being labeled as criminals for violations of administrative regulations; <br />. The higher burden of proof and potential of incarceration did not appear appropriate for most <br />administrative violations; <br />. The criminal system did not always regard City ordinance violations as important; <br />. The criminal system required citizens to take time off from work to appear at court. <br /> <br />Please keep in mind that abatement and administrative hearings are options and they are separate <br />processes; you can do the administrative hearings process without the abatement process, however, if . <br />an abatement program were implemented, an administrative process would need to. be developed for <br />the program. The information in this report is intended to provide background that will further our <br />efforts to improve our code enforcement program. <br /> <br />Funding: <br /> <br />Implementation of an administrative hearing and/or an abatement program would require budgeting <br />for code enforcement staff to respond to complaints, perform inspections: and process documentation <br />with regard to the code violation and follow-up. Staff highly recommends utilizing staff that is <br />specifically trained in the area of code enforcement and possesses well-rounded interpersonal skills <br />that will assist in dealing with the public. In addition, a hearing officer or board would need to be <br />appointed to handle appeals. It would be the City's choice of whether to provide compensation to the <br />hearing officer or board. With the current system that relies on the court system, the City incurs legal <br />prosecution costs. <br /> <br />If an abatement program were established, funding would be required to perform abatement activities <br />while the City awaits repayment. . Repayment for abatement could take years~ especially if the charges <br />are certified to the property owner's property taxes. There may also be a cost associated with <br />allocating storage space to store items of value, other than vehicles, that are removed from property. <br />Irtthese cases, the City should store items of value for a prescribed amount of time to allow the <br />owners the opportunity to retrieve their items in exchange for paying the abatement costs. If payment <br />is not received within the prescribed time frame, the items are dispensed <br /> <br />Attachments: <br />None. <br /> <br />Action Statement: <br />Will be based on Council's discussion. <br /> <br />ccws: <br /> <br />05/01/07 <br /> <br />. Page 2 <br />