2000-05-15 Special Called Workshop Meeting

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0 • However, there has been no resolution to these cases so staff has no indication on how effective the State District Court will be. Two negative aspects to this approach are the costs associated with this type of lawsuit and the length of time needed to prepare for and hold a trial. It is estimated that approximately $7000 is required for the City's legal fees and the process can take from six to nine. months. Also, these hearings are held in Houston which takes staff away from the City for several hours. One positive aspect of the State District Court approach is that a verdict is rendered that actually gets the violations cleaned up. Building and Standards Commission The creation of the Building and Standards Commission (BSC) would provide an alternative process for the handling of Code Enforcement cases. Instead of staff issuing a citation and seeking justice through Municipal Court, or filing a lawsuit against a property owner, the offender would be brought before the BSC. After hearing testimony from staff, the offender, and other property owners, the BSC would render a decision on what actions the offender would have to take to eliminate the violation. If the offender did not follow-through on all the actions prescribed by the BSC, then the BSC could take further action and issue an order to use City resources and remove- or clean up any outstanding violations. In this case the offender is not assessed a fine. Instead, the actual nuisance is cleaned up or abated. In cases where City resources are needed to abate violations, the City would need to expend money to get the clean-up work performed and then recover the money by filing a lien on the property. The creation of and process for the BSC would be similar to the Zoning Board of Adjustment. There would be public hearing notices and notification to adjacent property owners; items which are currently handled by existing Planning Dept. Staff. BSC hearings would be conducted in the Council Chambers with information and materials being prepared by Staff and the City Attorney's office. Appointments to the Building and Standards Commission would be made by -City Council. The Zoning Board of Adjustment could be asked to fulfill this role or new citizen -members could be appointed. Judge J.B. Williamson is in support of the creation of the BSC and views it as a valuable tool in conjunction with existing remedies to reach fair and equitable resolution to Code Violations in our city. A letter from Judge Williamson dated April 29, 1998 is included for your information. Attached is a draft ordinance that creates the BSC, describes what cases can be brought before the BSC, and also describes the formal actions the BSC can take to abate violations.