Agenda Packets - 2003/02/03 - Laserfiche WebLink

Home Browse Search

Code Enforcement Presentation February 3, 2003 Page 2 code violations. Staff has found that dealing with the issue prior to a complaint can revitalize the appearance of the entire neighborhood, while stopping the spread or urban blight which can cause the entire neighborhood to become deteriorated. While investigating a code violation, Staff researches files to determine if prior involvement has occurred at the subject property, Staff then visits the property, and often times speaks directly with the responsible party, speaks with neighbors, and takes photographs. In this respect, it is important to note that Staff performing these initial investigation steps serves both the complainant and the violator, and Staff is responsive to their respective needs. Staff regularly expresses a willingness to communicate with the complainant, when the identity is known. Staff respectfully communicates to the violator what must be done to resolve the situation. This process regularly involves working with a violator to determine how his or her situation can conform to the satisfaction of both the violator and the City. This does not mean compromising standards or lengthening timelines for compliance without cause, staff feels that it is important to not start the compliance transaction on a hostile note. However, only the violator can solve the problem efficiently. After Staff has collected the facts, Staff must evaluate whether or not violations exist and, if so, what steps are to be taken to bring about compliance. Once inspection of the property reveals code violations, Staff notifies the responsible person to seek compliance. Generally, the responsible party is the property owner, but may also include the tenant, lessee, or occupant depending on the violation. Compliance can be obtained by using one or a combination of administrative and judicial remedies. Since most violations exist through simple, unintentional ignorance of a regulation, the majority of cases are resolved soon after this initial notice. About 90 percent of code violation cases voluntarily comply with the cited regulation. However, Staff may use nearly all of its resources to bring the remaining 10 percent of cases into compliance. As much as similar code violations are the same, they are also different due to the various social and economic situations present. As such, Staff must constantly evaluate the various compliance remedies on a case-by-case basis. Evaluating remedies is the heart of code enforcement. Enforcement remedies are the basic legal tools and mechanisms that can be used by Staff to gain compliance. Three broad classifications of remedies exist, Administrative, Criminal Prosecution, and Civil Injunction. Staff’s primary objective here is to select the most appropriate remedy to gain timely and effective compliance. To avoid unnecessary delay, Staff needs to select the most effective remedy as soon as possible. Administrative remedies are used by Staff to gain compliance with codes and regulations on a regular basis. Administrative remedies are classified as informal or formal. Informal administrative remedies include a notice of violation, stop work orders, and the issuance of an administrative offense citation.