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Item 3.
 
City Council Work Session
Date: 01/06/2025
Title: Code Enforcement Ordinance Amendment Review
Presented by: Tina Hoeger
Department: Planning & Community Services
Presentation: Yes
Legal Review: Yes
Project Number: N/A

RECOMMENDATION

This is a Work Session so staff is expecting Council to hear a presentation on six proposed ordinance amendments, ask questions and provide direction to staff to bring them to Council for action at a regular meeting. The amendments are to clarify language and enforcement. The ordinances are as follows:
  • BMCC 24-411 Parking for camping purposes
  • BMCC 18-1100 Graffiti (reward language only)
  • RES 24-11193 Resolution establishing a graffiti fund
  • BMCC 18-1302 Civil citations service and requirements
  • BMCC 6-1300 Display of address numbers
  • BMCC 13-400 Division 3 - Business, occupation and professional tax
Red-lined versions of the above ordinances are attached to this memo, along with a PDF of the power point presentation.  Each slide of the PPT specifically identifies the requested amendments as they apply to each ordinance.

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

Staff continues to review city ordinances to ensure they are consistent with current policy, processes and enforcement. Most of the amendments also change the penalty from a misdemeanor to a municipal infraction.   The city ordinances have been reviewed by Code Enforcement staff and City Legal staff and require language updates and edits.  Staff is requesting approval from Council to bring the city ordinances outlined in this memo to Council for formal amendment action.

STAKEHOLDERS

The Code Enforcement Division is tasked with enforcing city ordinances, and the suggested amendments will update the language in them to be consistent with previously amended ordinances that have been approved by council.  The amendments remove the penalty for violating these ordinances as a misdemeanor and replace the penalty as a municipal infraction, which has a direct effect on the property owner and simplifies the prosecution process.  This eliminates the need for legal staff to be involved at a court level in these cases.  

ALTERNATIVES

City Council may:
  • Approve the amendments as proposed; or,
  • Discuss suggested changes to the ordinances to be brought back to council prior to formal action; or
  • Not Approve the amendments and not move ahead with the changes. Not moving forward with the amendments will continue to make addressing ordinance violations less efficient and more difficult for the City.

FISCAL EFFECTS

Approval of the suggested amendments to the listed city ordinances does not have a negative impact on the CE budget.  Approval may decrease staff time required to prosecute these cases, increasing efficiency and allowing CE staff to have more time to address more and varying City code violations.

SUMMARY

Staff is recommending the City Council approve the requested amendments to the city ordinances so staff may bring the amendments back to Council for formal action.

Attachments