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Regular City Council Meeting <br /> Monday,August 08,2011 <br /> Page 37 <br /> Councilmember Pust questioned City Attorney Gaughan as to why this was not <br /> being processed as a nuisance when junk in the driveway was considered a nuis- <br /> ance. <br /> City Attorney Gaughan advised that, upon City Attorney Bartholdi's review of the <br /> issue, he had determined that there may be some ambiguity in the City's ordin- <br /> ance speaking to this particular issue, and whether that section of code applied to <br /> commercial versus residential properties. <br /> Mr. Munson clarified that the language of Section 407 referred to buildings, not <br /> conditions on site, specifically driveways. <br /> Councilmember Pust suggested a change in City Code to provide that clarifica- <br /> tion. <br /> Regarding this specific request, Councilmember Pust questioned if the City <br /> wanted to become a bank, or use its taxing powers to back up agreements; and <br /> questioned the legality of this arrangement or the City getting into that type of <br /> business; opining that it may also set a precedent for future situations or attempted <br /> negotiations by violators of City Code. <br /> Mayor Roe questioned if this expense would go on taxes for payment; with Coun- <br /> cilmember Pust responding affirmatively, based on the proposed voluntary <br /> agreement. <br /> Mr. Munson noted that it would be similar to the abatement process, since it was <br /> somewhat of a nuisance, it was being reacted to by staff in the same way. <br /> Councilmember Pust suggested that, if it was a nuisance, nuisance tools be used <br /> versus the new process. <br /> Councilmember Willmus concurred with Councilmember Pust. <br /> Councilmember McGehee suggested that City Code be changed to accomplish <br /> this type of enforcement. <br /> Mr. Munson advised that current City Code limited resolution of this particular is- <br /> sue; and responded to Council queries that there was no time deadline on this item <br /> if the City Council preferred to delay action. <br /> Councilmember Pust questioned if the building of the garage, a building, had not <br /> in fact triggered the driveway, which would then be covered by existing ordin- <br /> ance. <br />