LAKEPORT, Calif. – During a brief Tuesday evening meeting, the Lakeport City Council approved a fee schedule to allow for appeals of an administrative citation process instituted earlier this year.
Administrative citations, approved under a February ordinance that established regulations for the process, allow for the city to pursue compliance in cases involving code enforcement and other situations involving municipal code violations, and also to hold individuals to the terms of project conditions agreements with the city.
The city also intends to use the process to ensure compliance with the medical marijuana cultivation ordinance the council passed in June. In that case, the process – meant to be complaint-driven – calls for noncomplying grows to be infractions that garner citations.
Planning Services Manager Andrew Britton presented to the council a fee schedule resolution proposing a $200 fee for appeal applications.
The total cost of the process for the city is estimated to be around $488 per case, which covers several hours of cumulative staff time as well as the costs for an independent hearing officer, according to Britton.
However, city staff didn't believe charging appeals applicants that much was fair, so instead suggested a $200 fee to recover “a substantial portion” of the costs, Britton said. The proposed fee schedule also included a cost of living increase.
Councilman Martin Scheel asked if the city would open itself up to potential litigation if someone couldn't pay the $200 fee.
“That gets to the due process requirements that we have to fulfill when we're doing this,” said interim City Attorney David Ruderman.
If someone can prove they are indigent, the city may have to provide a waiver, said Ruderman. But he said in relation to potential fines, $200 is not a large amount.
City resident Kim Beall asked if someone was fined, appealed and won, would they get their $200 appeal application fee back.
Mayor Tom Engstrom said it was a good question, and Ruderman replied there is a provision in the ordinance for recouping fees.
“It seems only fair,” said Engstrom. “If you're not guilty, you get your money back.”
And, Ruderman added, if the individual is found liable, the city can recoup its costs.
To date, Britton noted, “We have not issued a single administrative citation.”
He said the city continues to pursue code enforcement cases by contacting and working with people before it gets to the point of a citation.
“Our goal is to seek voluntary compliance,” Britton said.
Councilman Kenny Parlet said implementing the schedule for the appeals process shows the city is trying to do the right thing. He added that the $200 appeal application fee is “more than fair,” and complimented city staff for work on the schedule.
Council member Stacey Mattina moved to adopt the fee schedule resolution, with Scheel seconding. The vote was 5-0.
In other council action, the council honored the local AmeriCorps chapter for its efforts on “Make a Difference Day,” held Saturday, Oct. 26.
No one was present from AmeriCorps to accept the proclamation. However, Engstrom took the time to explain the group's efforts, which included removing graffiti and painting the bathrooms at the Fifth Street boat launch.
AmeriCorps also partnered with Lake County CAN! to collect food for local food pantries. Altogether they gathered more than 2,300 food items, Engstrom said.
The council also met in closed session to discuss litigation and labor negotiations. Staff was given direction but no formal action was taken, according to Engstrom's report.
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