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Regular City Council Meeting <br /> Monday, September 9, 2019 <br /> Page 9 <br /> he has to go back every day for four days. The idea is once it is observed, on the <br /> first day staff provides the notice and the offender gets more than four days to <br /> correct it anyways. The Building Official felt it was unnecessary busy work to <br /> take enforcement action. <br /> City Attorney Gaughan indicated he spoke with Mr. Englund about this as well <br /> and on page seven of the packet, lines 303-304, with reference to the four-day re- <br /> quirement, the problem that arises is the way staff enforces this code. There is <br /> quite a bit of due process allowed for a residence. A lot of posting, noticing, and <br /> return visits and in doing so, the four-day requirements becomes obsolete. What <br /> has been done is all of the posting steps staff goes through is in accordance with <br /> the Community Development Department's policies. The wording has been mod- <br /> ified to following the department policies. This is a cleaner way for staff to do the <br /> businesses needed while also enforcing the code. <br /> Councilmember Etten thought Mr. Englund and staff had shown a great ability to <br /> adjust to the needs of residents and giving lots of time in general. But when it <br /> comes to being able to take action, some of these little pieces are in the way of ac- <br /> tually finally taking action. He would not want to add back in things that would <br /> slow down the process. <br /> Councilmember Willmus was in favor of adding the four days back in because <br /> there are certain scenarios that come up that are good and valid reasons that per- <br /> haps some of these things happen. <br /> City Attorney Gaughan indicated the section of code where the four days have <br /> been stricken is for storage in the front yard or street facing side yard as opposed <br /> to the four-day provision on the street. He thought there was a distinction when <br /> talking about public nuisances, and having an item that is licensed on a street is <br /> less an immediate public nuisance than something that is sitting in the yard and <br /> something that might also play a role of how the two are being treated differently. <br /> Councilmember Etten asked if language from the original Council packet, page <br /> seven, lines 303-304, would need to be included in a motion to support this. <br /> Mayor Roe thought that was the direction from the City Attorney. He noted spe- <br /> cifically on the four-day items, including storage in the front or unscreened side <br /> yard of corner lot, trailers, boats or watercraft in excess of twenty feet, vehicles <br /> for sale, vehicles in inoperable condition, recreational vehicles. There is a second <br /> one related to vehicle parking which gets into having to be on an improved sur- <br /> face. He asked if the Council would like the four days to be added back in. <br /> Councilmember Willmus indicated he would like to have the four days put back <br /> in. <br />