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Recommendation <br />Despite the possible implementation of an administrative fine and/or excessive use program, <br />some properties will undoubtedly still have code violation issues. The primary goal of these <br />programs is to obtain compliance, which, despite the City's best efforts, can take time and <br />diligence no matter what tools are available. <br />While having an administrative fine program available as a tool for Staff might be useful in a <br />few situations, it is unlikely that such a program would have a broad or significant impact on the <br />City's code enforcement activities. Adopting such a program may help encourage compliance or <br />reduce citations, but there are significant limitations to administrative fines. A major drawback <br />to administrative fines is that the program is voluntary, which means that property owners are not <br />required to pay the fines. An administrative fine cannot be assessed to the property taxes if it <br />goes unpaid; instead, a citation is issued. Based on Staff s research, it is questionable if <br />administrative fines would be an effective use of resources. <br />On the other hand, cities can require that residents pay for services that directly relate to their <br />property in an excessive use program. If the City provides additional inspection services due to <br />chronic or ongoing code violation issues at a property, the City can bill the property owner and <br />specially assess any unpaid amount. The unpaid amounts can be assessed because it is a service <br />provided to the property. While not technically a fine, the inspection fees have a similar impact. <br />This type of program allows the City to apply the costs of enforcement to those few properties <br />that have continuing issues and recover those costs, but it does not penalize the property owners <br />who may just not know they are violating the Code. <br />If the City Council wishes to move forward with either program, Staff recommends considering <br />the excessive consumption of inspection services program over the administrative fine program. <br />Based on the current workload, staff would tentatively anticipate being able to have it before the <br />City Council for review in March or April. <br />Attnehment <br />A — Code Compliance Process <br />B — July 31, 2008, Letter from the City Attorney <br />C — December 15, 2009, Letter from the City Attorney <br />D — Example Administrative Fine Code — City of North Oaks <br />E — Example Excessive Consumption Code — City of Coon Rapids <br />City of Arden Hills <br />City Council Work Session for December 21, 2009 <br />C: (Documents and Settings ibecky. brazys lLocal Settings l Temporary Internet FilesDLK15P12-21-09 - Work Session - Admin Fines and <br />Excessive Consumption.doc <br />Page 6 of 6 <br />