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Unfortunately, there are cases where a property owner refuses to comply and the City has no other choice than to pursue thjs legal process. This report does include additional code enforcement tools; however, the criminal and civil citation process is sometimes the only remaining option when a property owner refuses to comply. While the criminal and civil citation process has been used sparingly in the past, a discussion on using this process lllore often is advisable. On average, fewer than five citations are issued each year. Although some property owners will fight the compliance requirement all the way to court, additional use of the citation process may encourage some people to comply faster. When a citation is issued, the City can rescind the citation before a court date is set if compliance is met. The act of issuing a citation may encourage some property owners to comply sooner. City Code: No changes to the City's code are needed to use the civil or criminal citation process. Cost: There are no set up costs, but the use costs relate directly to how many citations are issued. The costs can vary depending on how much staff and city attorney time is needed in the prosecution process. Even if a citation is rescinded by the City before the court reviews the citation, the City will likely incur some costs for the initial processing and for the City Attorney. Administrative Fines The administrative fining process has grown in both popularity and in controversy in recent years. The City Attorney's July 31, 2008, letter includes the detailed legal background for this tool (Attachment B). It is clear that cities do not have the legal authority to administer fines for traffic regulations at the local level. However, some cities have adopted regulations that allow a city to issue fines for certain zoning, building, and other city code related violations. Although definitive research on the effectiveness of administrative fines is not available, we did speak with other cities that have implemented the program. They did indicate that it has been a helpful tool to increase compliance with City regulations. It was also noted that since the goal of administrative fines is to gain compliance, the program cannot be a revenue generator for a city, and it may not pay for itself in terms of staff time and resources. However, according to the cities we contacted, few properties received the actual fme because the potential for a fine was incentive enough to comply with City regulations with the first notice. When a fine was issued, some cities waive the fine if there is compliance within a set time period. As part of this program, a city must build in due process. After a fine is issued, the person receiving the fine can appeal it the hearing officer at City Hall. The hearing officer is generally the city administrator, though it can be the city council. The hearing City of Arden Hills City Council Work Session for October 20, 2008 \ IAhdocsl \ahIAHdata\Planning\Community Development\Communi~F Livabili~FlAlemos\l 02008 - CC J.Vemo - Communi!)" Livability. doc Page 5 of 12