5.6. SR 05-19-2008 - Laserfiche WebLink

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REQUEST FOR ACTION To Item Number Ci Council 5.6. Agenda Section Meeting Date Prepared by Communi Develo ment Ma 19, 2008 Sheila Caxme -, Senior Planner Item Description Reviewed by Discuss Administrative Citation Ordinance erem Barnhart, Plannin Mana ex Reviewed by Action Requested Staff seeks direction on policy fox the Administrative Citation Ordinance Background/Discussion At the February 11, 2008 Council Workshop, the Council directed staff to draft an ordinance that would allow staff to issue administrative citations. Staff concluded that there is a need fox alternative methods of enforcing the City Code. While criminal fines and penalties have been the most frequent enforcement mechanisms, there axe certain negative consequences fox both the City and the public. The delay inherent in that system does not ensure prompt resolution. Citizens may resent being labeled cxitninals fox violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate fox most ordinance violations. The judicial process does not share the importance of City Code violations as important. Accordingly, staff fords that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement This method of enforcement is in addition to any other legal remedy which may be pursued fox City Code violations. The current policy fox code enforcement is to issue a first notice of violation and then to issue a second notice of violation if unresolved. At this point there is no recourse if the violation still exists, except issuing a criminal citation. To date the Police Chief has issued a couple citations. In these cases staff observed inefficiencies with this process. Not only does the Code Enforcement Official conduct an investigation, the Police Chief has to conduct his own in order to issue the citation on out behalf. Once the investigation is completed, the wait fox a court date may be substantial. Meanwhile the ~riolation still exists. This process takes longer than we would like, and once the violator goes to court there is no guarantee it won't be pushed back, dismissed or a small fine be paid and the violator may not even be ordered to clean up the property. Furthermore, communication issues have arisen and the city may not be aware of the action ox any further action that is required. Administrative citations will be more effective and achieve quicker compliance. As part of this process the violator is given the choice to have their citation reviewed by a Hearing Examiner. The Hearing Examiner is appointed by the City Administrator and can not be a current city employee. The Hearing Examiner will review the case, and has the option to lower the fee, dismiss the case, give a longer timeline etc. If the review of the Hearing Examiner is not requested the violator must pay the fine. S:\PLANNING MAIN\Code P,nfomement\Citaeions\CC memo.dot