PLACEMENT: Public Hearings
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 1, ARTICLE 4, CODE ENFORCEMENT BOARD REGARDING REDUCTION OF CODE ENFORCEMENT LIENS
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EXECUTIVE SUMMARY:
executive summary
The Board is asked to approve amendments to the General Ordinances codifying the reduction of code enforcement liens.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Sebastian Poprawski
Title: Senior Assistant County Attorney
REQUESTED BY: Sebastian Poprawski
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Board has adopted Chapter 1, Article 4, Section 1.98, General Ordinances, to implement liens for code enforcement violations. On July 9, 2024, the Board directed staff to codify reductions for code enforcement liens to no less than 10% of the total lien amount, or 10% of the value of the violating property, whichever is less. The proposed amendment to Section 1.98 of the General Ordinances would codify the reduction.
ISSUES:
Whether to adopt a formal policy for code enforcement lien reductions.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed Ordinance.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
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