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Code Enforcement Presentation <br />February 3, 2003 <br />Page 4 <br /> <br /> <br />served upon the property owner and additional notice is posted on the vehicle. This <br />formal administrative remedy is much more effective than the criminal prosecution <br />remedy, where four to six week’s often elapse before the court hears the case. <br />Additionally, some judges are reluctant to impose significant penalty for municipal code <br />violations because misdemeanor convictions might impose the stigma of a criminal <br />record on ordinary citizens. <br /> <br />Civil action is an enforcement method that can be used to address violations of land <br />use and zoning ordinances. On behalf of the enforcement agency, a City attorney <br />requests an injunction requiring the responsible person to correct outstanding violations <br />and maintain the property in compliance with ordinances and laws. The City attorney <br />need only prove the existence of the code violations by using Staff’s written <br />declarations. Live testimony is not required to obtain an injunction. Unlike criminal <br />prosecution, the City attorney can request the court to issue either temporary <br />restraining orders or preliminary injunctions which can compel compliance while the civil <br />action is pending. This differs from criminal action, where a conviction must occur <br />before a court can order compliance. Staff has not regularly used civil remedies as a <br />code enforcement remedy; however, the option is available if needed. <br /> <br />This report is an overview of what enforcement remedies exist and which remedies <br />Staff is currently utilizing to enforce various provisions of the City Code. After the <br />presentation staff will be happy to answer additional questions that Council may have. <br /> <br /> <br /> <br /> Jeremiah Anderson <br />Housing/Code Enforcement Inspector <br /> <br /> <br />Attachment: Residential Code Compliance Program Description <br />