Item Coversheet

NEW BUSINESS  17.

COMMITTEE MEMORANDUM

TO: Public Safety and Neighborhood Quality of Life Committee Members


FROM:
Rickelle Williams, Interim City Manager


DATE: April 17, 2024


SUBJECT:

DISCUSS CONSIDERING A REVISION TO THE CITY'S CURRENT PROCESS FOR HANDLING FINES AND PENALTIES FOR SIGNAGE AND OTHER SMALL CITY CODE VIOLATION


HISTORY:

At the February 21, 2024 Commission meeting, at the request of Commissioner Tanya K. Bhatt, the Mayor and City Commission approved a referral to the Public Safety and Neighborhood Quality of Life Committee (PSNQLC) to discuss the possible revision to the City’s current process for handling fines and penalties for signage and other minor City Code violations.

The referral requested that the Code Compliance Department and City Attorney’s Office 1) identify and discuss those violations in Chapter 58 and the City’s Land Development Regulations that have an immediate, fixed fine versus those fines that require an adjudication by the Special Magistrate prior to imposition of the fine for a violation of the City Code; and 2) propose a schedule of fines based on best practices. Attached as Exhibit A is a schedule reflecting violations under Chapter 58 and other provisions of the City Code that could reasonably be viewed as minor violations together with existing fines associated with those violations.

ANALYSIS

1. Violations with Immediate Fine:

Some City Code violations result in an immediate fine which is stated on the violation notice. Offenders must pay the fine within the specified time period or can contest the violation before the Special Magistrate by filing an appeal at the City Clerk’s Office. Failure to comply or file a timely appeal results in a presumption that a violation has occurred, and any subsequent violations are treated as repeat violations, escalating penalties and a Final Order for the full amount due.

 

2. Violations with No Immediate Fine:

When a Notice of Violation is issued, the violator is given a compliance date to address the violation or request an extension, provided, not all violations are eligible for extensions. The case will be closed when compliance is achieved. Failure to rectify the violation by the compliance date leads to a hearing before the Special Magistrate. If the Special Magistrate upholds the violation, a new compliance date is set, and daily fines are imposed for non-compliance. Fines can accumulate daily, leading to a lien against the property if the violation is not corrected promptly.

CONCLUSION:

Staff will be present to discuss current fines and penalties under Signage, Chapter 58 and other provisions of the City’s Land Development Regulations for violations that have an immediate, fixed fine versus those fines in respect of violations of provisions of the City Code that require an adjudication by the Special Magistrate prior to their imposition.


Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
ATTACHMENTS:
DescriptionType
Original Referral and After-ActionMemo
Penalties and Fines under Signage, Chapter 58 and Land Use ZoningOther