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AgdaPkt 2003-03-10
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AgdaPkt 2003-03-10
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Last modified
6/2/2011 2:44:07 PM
Creation date
3/6/2003 5:04:52 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
3/10/2003
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If compliance is not achieved, a hearing is scheduled before an independent administrative <br />hearing officer. The hearing is attended by the enforcement officer and the responsible <br />party, and each presents their respective cases to the hearing officer. If the hearing officer <br />rules in favor of the City, he or she issues an administrative order to correct any violations <br />and to pay administrative penalties and costs to the City. <br />Since 1999, the Administrative Code Enforcement Program has enjoyed much success. <br />Voluntary compliance has improved; fewer matters are taken to the criminal courts, and; a <br />greater number of cases are being successfully closed. To ensure the program's <br />continued success, staff felt it appropriate to undertake a comprehensive review of the <br />program. In this regard, the City Attorney's Office has reviewed the Administrative <br />Enforcement Ordinance and Resolution No. 13747, as well as existing forms and <br />procedures. Based on this review, the City Council is asked to introduce and adopt the <br />proposed ordinance and resolution, which are summarized as follows. <br />Administrative Enforcement Ordinance <br />Initially, it should be noted that the operative provisions of the Administrative Enforcement <br />Ordinance will not change with the proposed revisions. Staff will retain the ability to issue <br />administrative citations and orders; responsible parties will have the ability to appeal <br />administrative citations and orders, and; other enforcement tools, including criminal <br />prosecutions, civil injunctions and administrative abatements remain available. The <br />following summarizes the major changes that are proposed to improve the effectiveness of <br />this important enforcement tool. <br />Applicability <br />Currently, administrative citations and orders can only be issued for violations of a <br />limited number of Redwood City Municipal Code chapters. Should a responsible <br />party violate a code section not included on the list, Code Enforcement Officers <br />must rely on other tools to gain compliance. In general, this means that a criminal <br />citation is issued. <br />Code sections not expressly covered by the administrative enforcement program <br />include storm water run -off, business licenses and zoning. The proposed ordinance <br />expands the applicability of the administrative enforcement program to the entire <br />municipal and zoning codes. The expansion of the administrative enforcement <br />program to the entire municipal and zoning codes does not require an enforcement <br />officer to use the program, but gives them the option to use it if they feel that it will <br />assist in their compliance efforts. <br />Responsible Parties <br />At this time, the Municipal Code does not clearly specify who may receive an <br />administrative citation or order. Code enforcement officers are sometimes hindered <br />in their efforts to issue administrative citations to the appropriate responsible party. <br />These difficulties are most noticeable when the violation concerns a business <br />and /or an absentee property owner. If, for instance, an on -site business owner <br />DBB /Reports /Admin <br />020603 <br />
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