2011-64 AMENDING CITY CODE - CHAPTER 29 - ADMINISTRATIVE ADJUDICATION OF OFFENSES

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LEGAL DEPARTMENT MEMORANDUM NO. 2011-03 October 28, 2011 TO: Honorable Mayor McElroy and City Council FROM: Ryan McCrady, City Manager Wendy Morthland, Corporation Counsel RE: Administrative Adjudication System Several months ago, the City Council directed City staff to proceed with the institution of an Administrative Adjudication System to handle violations of the City Code. Two Council study sessions have been held regarding this subject. The City currently prosecutes all ordinance violations in Circuit Court with the exception of violations of our noise ordinance as well as violations of our unlawful use of motor vehicle provisions. While that has and will continue to be a venue that we use for the most serious and egregious violations of the City Code, we have discovered that there are far too many violations for us to be able to pursue in the traditional manner. The City Council has made the beautification and cleaning up of the City a priority and a new system will be needed to do that in an efficient manner. Attached are proposed ordinances that the City would have to enact in order to proceed with an administrative adjudication system. Chapter 29 is the basic framework for the procedures to be utilized in the Administrative Adjudication System, which we have shortened to "ACES," along with a Table of Offenses found throughout the City Code and the possible fine structures for each. Under the proposed ordinance, if a violation of City Code is committed, a decision would be made as to whether the violation should proceed to Circuit Court or to ACES. If Circuit Court is believed to be more appropriate, there will be no further proceedings in ACES. If it is appropriate for ACES, however, a Violation Notice and Complaint will be prepared and served. The case will be filed with the Code Enforcement Division of the City and prepared for hearing before an Administrative Hearing Officer. Chapter 29 sets forth the requirements for one to serve as an Administrative Hearing Officer for the City and will have to be hired by the City. This proposed ordinance allows for costs of the hearing to be assessed which include costs of the hearing officer. Additional costs will also be assessed. Council will be required to vote on those costs.