HomeMy WebLinkAbout7/28/2017 - STAFF REPORTS - 00 Protect Our Neighborhoods
Michael Ziskind, Chairman X %X
Friday, July 28, 2017 /�
At your last public meeting, I stated that what the new department cannot do and should not do—and
what this Board must not do—is second guess the penalties and fines approved by—and
unanimously supported by—the city council.
It is apparent that the El Cielo Road citation was processed improperly because of the lack of clear
operating procedures and should be voided. This is a terrible waste of your volunteer time, and that
of the complainant. What is more troubling, however, is that this department, either by commission
or omission, has thwarted the entire appeals process and usurped the authority of this Board to
accommodate the complainant by litigating, negotiating or otherwise modifying penalties after the
citation was written.
At the last board meeting, I asked: Why are there exceptions and second chances when exceptions
aren't allowed for in the ordinance language? So today I ask: "Why is a code enforcement
department adjudicating a written citation after the fact, in lieu of allowing this Board to fulfill its
ministerial duties?"
This compares to an officer writing a ticket for running a stop sign—and later offering to reduce the
fine. That would be unethical and illegal. The same thing appears to have occurred in this case,
where instead of following the rules of the appeals process, the department appears to have taken a
shortcut to adjudicate the citation after it was sent to the owner. This appears to have thwarted the
entire appeals process, city regulations, ethics requirements, and the intent of Ordinance 1918. The
entire citation should be voided.
This is disparate treatment in the handling of citations. It also degrades the enforcement mechanism
which the City Council enacted into Ordinance 1918.
We request that this department cease immediately from acting as judge, jury, and quasi appeals
board, once a citation is written and sent to the owner; and that the city take immediate action to
determine if this unwritten policy is being applied in other cases where the department has tried to
accommodate other violators.
I have repeatedly requested that the department create clearly understandable operating procedures
to preclude issues like this and restore credibility to the appeals process.