2.b) First Reading of Ordinance 21-21 - Establishing a City Civil Citation process which authorizes City Code Enforcement Officers to issue citations to those persons violating a duly enacted city code or ordinance.
I have grave concerns for the liability imposed by ambiguity in the criteria for a code enforcement officer's overreach. I'm not saying that the current staff that we have are doing anything beyond their respective job duties but we need to provide clear guidance on when a citation will be issued and how Majistrate warrants would work. (Normally code officers can only cite what is readily observable from public property) If the officer is so inclined (in some places) they can go to a magistrate judge and get a warrant to search more like the regular police do. There are cases where officers looked in a front window of a house and cited a resident. That resident later sued the municipality and won a sizeable judgment. I know that " reasonable cause" IS STATUTORY LANGUAGE BUT I feel the public is far better served when ordinance language is less ambiguous. So please address Warrants and criteria for being cited.
I have grave concerns for the liability imposed by ambiguity in the criteria for a code enforcement officer's overreach. I'm not saying that the current staff that we have are doing anything beyond their respective job duties but we need to provide clear guidance on when a citation will be issued and how Majistrate warrants would work. (Normally code officers can only cite what is readily observable from public property) If the officer is so inclined (in some places) they can go to a magistrate judge and get a warrant to search more like the regular police do. There are cases where officers looked in a front window of a house and cited a resident. That resident later sued the municipality and won a sizeable judgment. I know that " reasonable cause" IS STATUTORY LANGUAGE BUT I feel the public is far better served when ordinance language is less ambiguous. So please address Warrants and criteria for being cited.