HomeMy WebLinkAboutAO Discussion Points - Dec 2007Administrative Offense Discussion Points
1. Administrative Offenses that are certified to Property Taxes should be property-based.
a. General consensus that agrees
b. Language should clearly state that whenever authority is granted, it should specify
for property-based offenses only.
2. Should there be a neutral arbitrator?
a. Discussions with staff have led to the conclusion that a mechanism for a 3rd Party
arbitrator should be in place but it should be optional to account for the extra cost
which can be significant.
b. We should be careful with language that requires the city to have a plan in place
via resolution so that it can be easily edited and maintained versus detailed plans
in the Charter.
3. Can a property owner request a fine be certified to his taxes immediately rather than paid
in cash?
a. More research is needed on this point but initially, it sounds applicable.
4. What should be the limit of total amount of fines certified rather than submitted to the
Court and over what period of time should this be applied?
a. Much more discussion is needed on this topic – options could include any of the
following or a combination:
i. One-time certification limit of no more than $X
ii. Time period where further certifications for a single property are
prohibited following a certification.
iii. Aggregate total of dollars over a 12-month period of $X
5. Do we need to specify a minimum period of time between the receipt of a find and the
certification of unpaid fines to taxes?
a. Determined that a minimum period does not need to be specified as long as the
language covered under item #4 is specific enough.
6. Do abatement costs need to be included with A. O. fines at the time of certification and
should any limits on certification amounts specifically include or exclude abatement?
a. Needs significantly more discussion with Staff and Commissioners regarding total
dollar amounts under discussion and further research on the authority for
certification of abatement costs.
New Questions for the Commission and City Staff
1. Do we want to change the amount of time citizens are granted to pay fines and is that
under the purview of the Charter?
2. What is an Administrative Rule?
3. Should we or Can we use the fee schedule on which to define the offenses included?
4. Where are the late charges for unpaid fines specified?
5. A comparison of the language in 702.02 and 104.01 seems to show a discrepancy of
dollar maximums for fines: ie, misdemeanors = $700.00 and Administrative Offenses
= $100.
6. What is an Administrative Offense as opposed to a misdemeanor and when does it
become a misdemeanor? We have language stating, “Any violation of this section
constitutes a misdemeanor.” This would seem to imply no difference at all.