05-10-2023 Council Packet - Laserfiche WebLink

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STAFF REPORT TO: Mayor Fischer and Members of the City Council FROM: Heidi Heller, City Clerk/HR Manager Corrin Wendell, Community Development Director DATE: May 10, 2023 RE: Add Chapter to City Code for Administrative Enforcement of City Code Violations ACTION TO BE CONSIDERED Approve amending the City Code to add a chapter for an administrative enforcement of City Code violations process and fine structure, and add administrative fines to the Fee Schedule. BACKGROUND City staff sees the need for additional options to encourage compliance when there is a City Code violation but compliance does not occur after multiple letters, or there are repeat violations at the same address. Currently, the system in place alerts the property owner of a violation with a letter and gives them 10-14 days to correct the violation. If they did not comply, then another letter is mailed with another time period in which to comply. After that step, the Code directs staff to go to City Council for abatement and/or legal action (a court citation). In between these steps would be a logical way to attempt to get compliance through accelerating fines that can be issued to the violators prior to issuing a court citation. Similar communities utilize this type of system and City Staff finds that it would be beneficial for Little Canada to have this process in place. A court citation can be a lengthy process and staff only wants to use this as a last resort, but there are always a few properties with violations where they are not complying with only a letter asking for cooperation. Staff has drafted a new Chapter 3301 for the City Code titled “Administrative Enforcement of City Code Violations.” The purpose of this new chapter is to add an administrative fine system which would be the step between the letters and court citations, along with details on the process for abatements and appeals. This chapter also adds language that will allow unpaid abatement costs and fines to be assessed to the property. This chapter of administrative enforcement is not limited to only nuisances, it can be used for violations of any chapter in the City and Zoning Code. Amendments to City Code Chapter 601, Nuisance, are also proposed in order to remove language that is better addressed in the new Chapter 3301. The Fee Schedule is proposed to be amended to add the new Administrative Fines. Staff proposes the fines be set at $100 for the first offense or notice of violation, $250 for the second offense or notice and $500 for the third and subsequent offenses or notices.