5.6. SR 05-19-2008REQUEST 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.
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Hearing Examaner- As mentioned above a Hearing Examiner is appointed by the City. The Hearing
Examiner can be a former city employee, volunteer, council members ox other board members. Once the
Ordinance is adopted staff will pxo~ride options to the council.
Citation fees -The city has the abatement process fox long grass and junk. T7te citation fees will apply to
other violations that axe not remedied. This is something that will be adopted into our fee schedule. If the
council wishes I can research other cities and come up with a similar schedule as them.
Financial Impact
t1 fee will be associated with adtninistxative citations. The fee must be adopted into the Ciry's fee
schedule. A hearing examiner may be hired fox this process.
Action Motion by Second by Vote
Follow Up
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