HomeMy WebLinkAbout011408CITY OF PORT TOWNSEND
CITY COUNCIL
MINUTES OF THE WORKSHOP SESSION OF JANUARY 14, 2008
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
The City Council of the City of Port Townsend met in workshop session the
fourteenth day of January 2008 at 6:30 p.m. in the Port Townsend City Council
Chambers of City Hall, Mayor Michelle Sandoval presiding.
ROLL CALL
Council members present at roll call were Brent Butler, David King, Laurie Medlicott,
George Randels, Catharine Robinson, Michelle Sandoval, and Mark Welch.
Staff members present were City Manager David Timmons, City Attorney John
Watts, DSD Director Leonard Yarberry, Public Works Director Ken Clow, Police
Chief Conner Daily, and City Clerk Pam Kolacy
CODE ENFORCEMENT ORDINANCE AMENDMENTS
City Attorney John Watts reviewed the packet materials. He noted that an item not
in the packet is Resolution 01-049, adopted in November, 2001. The City Manager
has stated that the resolution is vague and ambiguous and can be interpreted as
directing that staff should not take a vigorous approach to code enforcement. He
said that an action to repeal the resolution would be presented at the same time as
the code enforcement ordinance amendments.
Mr. Watts said that the Council Community Development/Land Use Committee has
spent considerable time working on the ordinance and has recommended approval
of the draft ordinance with the proposed amendments outlined in the packet
materials and with the following qualifications: 1) "should/shall" issue would be a
specific discussion item before the full Council; 2) in lieu of mandatory enforcement,
staff keep a log of code violations for all Departments for Council review, with the log
to track name, location, violation, responsible department, outcome, and staff
comment or explanation of outcome.
In answer to a question from Mr. Welch, Mr. Watts noted that the proposed
ordinance is procedural, without substantive amendments to the code; the
procedures would apply to nuisance issues as well as land use and building issues.
There was considerable discussion on the use of "should" versus "shall" and what
the impact of the word choice would be in several sections of the ordinance.
City Council Workshop Page ? January 74, 2008
There was general support for the establishment of a log of incidents and discussion
about whether the establishment of the log should be codified.
Mr. Randels noted that the requirement of keeping a log was not included in the
ordinance since the log could be temporary and the ordinance will live on until
amended or repealed. He stated that adding it to the ordinance itself might not be
practical; adoption of the ordinance would provide a clear baseline and process so
everyone would be working from the same premise.
Ms. Robinson stated her concern is for notice so that, for example, the property
owner would be notified as well as the tenant. She would like the process
delineated a bit more so it is clear as to who gets notices; this would apply under the
"stop work" section.
Mr. Randels concurred but stated that the language should be carefully prepared so
that there weren't any situations where the City is obliged to provide notice to more
than one party in order to initiate action and slow down enforcement.
Ms. Sandoval asked whether this is a realistic goal given the staff reductions in the
DSD Department. Mr. Timmons stated that time will be saved if procedures are
more clearly definitive; he also said that Reserve Police officers will be doing the
bulk of the investigations and citations.
Mr. King asked if there is precedent for recovering the increased value of a property
which has been enhanced by an illegal action. Mr. Watts replied in the affirmative.
Police Chief Daily stated he believes there are sufficient Reserve Officers who will
be interested in code enforcement and that coverage should not be an issue. He
also reiterated that compliance is not an option under the amended ordinance;
discretion comes into play when the determination is made whether or not a fine or
other penalty will be assessed.
Mr. Butler stated that having discretion imposes an obligation to carry out the
policies evenly; however, making everything a "shall" without any discretion
accorded is difficult since it is impossible to anticipate every eventuality.
Mr. Timmons added that the scenarios in the packet materials give example of
situations where discretion might come into play.
Ms. Sandoval suggested another column be added to the table on page 9 of Exhibit
A, which would address larger land use actions.
Mr. Butler stated he would like to see the log process codified.
Mr. Timmons noted the ordinance would be on the next business meeting agenda
for consideration of first reading.
Cdy Council Workshop Page 2 January 14, 2008
ADJOURN
There being no further business, the meeting was adjourned at 8:05 p.m.
Attest
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Pam Kolacy, MMC
City Clerk
City Council Workshop Page 3 January 74, 2008