Introduction of Ordinance Amending the Alameda Municipal Code by Amending Section 1-7 (Administrative Citations) of Chapter I (General) Concerning Code Enforcement and Administrative Citations.  (City Attorney)
Introduction of ordinance amending the Alameda Missile Code by amending Section 1-7 Administrative Citations of Chapter one General concerning code enforcement and administrative citations. The city attorney even shared the floor. Good evening, mayor and Council. This report continues the conversation with you about code enforcement. One of the stellar slides that you saw from the building official was that one of the immediate things that we are looking at is to streamline the administrative citation process. We had an opportunity to look at that with our colleagues in the planning, building and Transportation Department. And we thought that like the priorities that were very old, the ordinance that authorizes administrative citations is quite old and needed updating. And this ordinance essentially accomplishes that purpose. It does not engage in major changes, but it makes clear that administrative citations can be issued for a full range of municipal code violations. It makes clear that when an administrative citation is issued, payment of the fine is not simply sufficient. That one actually has to comply with the citation by abating the violation. It makes clear that once one receives a citation, that transfer of the property does not eliminate the citation. And these are just some of the many various enhancements that we're proposing to you tonight. And I thought about administrative citations. It is an incredibly important tool in the code enforcement arena. And I think more and more so in recent years, court systems are incredibly congested, and it's not a realistic thing for cases to be filed in court. And the first opportunity, nor is it really fair to the underlying responsible party to not be given a lower risk opportunity to come into compliance and administrative citations is just that tool. It allows for more cases to be processed. It allows cases to be processed more effectively. And when there is truly noncompliance, it allows the funnel to funnel down to the number of cases that really cannot be resolved through administrative citation and needs additional prosecutorial support. So we think it revising this section is an important step in collaboration with our colleagues, and we look forward to working with them. To give the public speakers on their side. Okay. So Counsel, we've read this very brief staff report and heard the presentation. Do we have any questions? Before I hear a motion councilmember. I'd like to move approval of this item, and I'd like to thank our city attorney and his office for their work on this. Thank you. Thank you. Councilmember Village. We have a second. Second. It's been moved by Councilmember Vela and seconded by vice mayor next way. And you have a question, Vice Mayor. Sure. So I appreciate that there's an advance deposit hardship waiver for those who are fined. You know, one of the issues that has been found is that fines and start compounding sometimes and whatever else. Do we have any hardship provisions in here for for folks who have been found in violation and do have they do end up having some sort of a site citation? How that how that can be a. Or at least how it doesn't compound and become a problem. I'm not sure I entirely understand the question and the advance deposit, the way the waiver for the advance deposit essentially is to allow low income personnel to seek a waiver from having to deposit the fine. Yes, nothing accrues if there is a waiver. And so sorry, I understood that I meant once they are fined after the fact because this is the advance the advance deposit. But I guess the question is if they get the waiver for. Ahead of time. I'm assuming that if they go through the that's not that's not the case. Vice Mayor So what happens is that someone receives an administrative citation. Yes. Someone will say, Oh, I need to appeal, but I don't have the financial wherewithal to deposit the fine. So then they apply with the finance director to say, Can I not deposit the fine and contest my citation? And assuming it is proven, the finance director can say, okay, you don't have to deposit the fine and nothing is accruing other than the fine itself, right? And then they go through the hearing. They their appeal is unsuccessful and they now have a fine to pay. That's right. Right. And at some point in time, because we're talking about collection agencies and whatever else, their their start to be accruing of often accruing interest on those fines. Right. So so the late fees only accrue after a long period of nonpayment. And while the non that the the advance deposit just causes you to not have to deposit, that's all. And so let's say the hearing officer finds for the appellant, the appellant will be given a certain amount of time to pay, but let's say six months go by and nothing is deposited. At some point, fines start and penalty start accruing, right? Yes. And so that that's what I'm concerned about. I understand the advance deposit, but say with parking tickets, etc.. State analysis of what's happening with low income households. They get a parking ticket or two. They go on. They go unpaid. They start a career in late fines and penalties, etc., to the point that that that actually they they can start, you know, people can start having thousands of dollars. You know, people who can't or having a hard time paying a $55 parking fee all of a sudden have 1500 dollars in debt. And it's a and it's impacting them and whatever else. I guess I'm just asking, is there anywhere I didn't see it in here, but is there any any provision at this point in time? Is it something that I would like to approve this tonight? But is there a way for us to bring back something to just address that issue? The council could give us direction so that when it comes back, we will work with our colleagues to look at that particular issue. Okay. Thank you. I would like if I know there's a second or the motion, if there was if the mover was was amenable to that. Well, or is that is staff direction sufficient or. Okay. So. So we've had a motion second and staff direction from the vice mayor. Yes. Okay. Okay. Okay. Everyone ready to vote? Yes. All in favor. I opposed. Abstain. That motion passes unanimously. Thank you. And now we go on to thank you, everybody who is here for code enforcement items. Now we go into item six D. Introduction of. Ordinance, amending the meaning of the code by adding Section five Dash 31 to establish procedures for expediting permit processing for electric vehicle charging.