Agenda Item Title:
Title
Council Office presenting information on Code Enforcement models (continued from September 19, 2017).
Body
Presenter:
Mike Applegarth
Body
Description/Background:
Sandy City has a criminal code enforcement model. Certain violations of city code including all violations of our property maintenance standards are Class B misdemeanors. If an alleged violator refuses to acknowledge or cooperate with the conditions of a citation issued by a code enforcement officer, the City must prosecute the case through the the Justice Court where a judge will determine guilt or innocence and a penalty if required.
Some other cities have an administrative code enforcement model. A citation issued by a code enforcement officer under an administrative system provides a time for the violator to make corrections. If the violation is not corrected within the specified time frame, the violator faces monetary penalties. The alleged violator may request an administrative hearing to contest either the citation and/or the penalty. A hearing officer, not a judge rules on the case. If the violator wishes to further contest the ruling of the hearing officer, he or she may pursue legal action against the City in district court. In short, in an administrative model, the burden is on the alleged code violator to prove that the code enforcement officer is incorrect rather than the criminal model which places the burden on the City to prove beyond a reasonable doubt that a crime occurred.
Further action to be taken:
Further research and reporting to the Council if it is interested in pursuing an administrative model.
Recommended Action and/or Suggested Motion:
Recommendation
Discussion only.