HomeMy WebLinkAbout9G - Paint-By-Number Pleadings
CITY COUNCIL AGENDA REPORT
~~Ober21,2002 ~~
Frank Boyles, City Manag~rV
AGENDA ITEM: CONSIDER APPROVAL OF "PAINT-BY-NUMBERS" PLEADING SYSTEM TO
IMPROVE ORDINANCE ENFORCEMENT EFFECTIVENESS.
DISCUSSION: History: Each provision of the Prior Lake City Code and Zoning Ordinance is
enforceable through criminal or civil means. Typically, the provisions calling for
criminal penalties will provide for a fine of up to $1000 and/or up to 90 days in jail.
Unfortunately, these penalties do nothing to assure enforcement of the ordinance.
A civil injunction. however, will compel the violator to come into conformance with
the City Code which is the ultimate goal of the City Code and Zoning Ordinances.
The best example of the ineffectiveness of criminal penalties involves a resident
who installed a deck contrary to City Code. After unsuccessfully encouraging a
cooperative solution, the City took the matter to court in a criminal proceeding.
The judge found in the City's favor and fined the deck owner $500. The deck cost
$2000 to build and the court allowed that illegal deck to continue in return for a
fine of $500.
There are other examples where contrary to Code, property owners have
invested thousands in their property inconsistent with City requirements.
Understandably, a $1000 fine and seldom realized threat of incarceration is not
going to be effective in accomplishing ordinance enforcement. Civil enforcement
on the other hand, will require compliance with the Code. In the deck example,
the owner will be required to remove the deck.
Current Circumstances: The civil penalty process is both time-consuming and
expensive. But, it is also far more effective than the criminal penalty process. Part
of the reason for the comparatively high cost of the civil pleadings is that it is
typically prepared by an attorney. At the suggestion of the City Attorney, a "paint-
by-numbers" civil pleading process has been prepared to solve this problem.
The pleadings are structured so that the City staff be taught to use these
documents as templates for pleadings on most civil matters. The draft documents
are then sent to the City Attorney for review, modification where necessary and
submission to the courts.
While a typical civil pleading can involve $5000 in expenses, we anticipate that
this process will reduce the cost to 25% of that number. The documents required
in a civil pleading, and which the City Attorney has provided the proposed
template, include:
. Summons and Complaint;
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
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ISSUES:
AL TERNA TIVES:
RECOMMENDED
MOTION:
. Notice of Motion and Motion for Permanent Injunction;
. Memorandum of Law in Support of Motion for Permanent Injunction;
. Affidavit of City Employee and Exhibits thereto;
. Affidavit of City Attorney and Exhibits thereto; and
. Proposed Order.
Conclusion: The City Council should consider whether this administrative change
in the enforcement of the City Code and Zoning Ordinance is the appropriate
mechanism for enforcing City regulations.
The civil process would not be used unless authorized by the City Council on a
case-by-case basis. Typically, the civil process would be recommended by the
staff if one or more of the following 'conditions exist:
1. The condition threatens City or citizen safety.
2. The condition undermines property value.
3. The condition threatens the environment.
(1) Motion and Second to adopt the "paint-by-numbers" procedure for civil
enforcement of the City Code and Zoning Ordinance.
(2) Take no action and direct staff to provide additional information.
As the Council deems appropriate.
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