a. Prior to enforcement action by the town on a complaint, each complainant and alleged violator shall be requested to participate in mediation unless Code Enforcement staff, in its sole discretion, determines the complaint concerns an immediate threat of danger to health, life, safety or irreparable environmental damage, or for another reason is not appropriate for mediation. Code Enforcement will follow the procedures outlined below when receiving a complaint of a code violation.
1. Step 1: Evaluation. Code Enforcement will evaluate the complaint to determine whether immediate action is necessary because it involves an immediate threat of danger to health, life, safety or irreparable environmental damage. Code Enforcement will also evaluate whether the alleged violation is preventable and requires an immediate “stop work order”. Code Enforcement retains the complete discretion to determine when an alleged violation requires immediate action.
2. Step 2: Notify parties of mediation. Within ten days after receiving the complaint, Code Enforcement shall request that the town’s mediation service contact the complainant and the alleged violator to encourage their participation in mediation within 30 days from the date of the complaint or as soon thereafter as a mediator is available.
3. Step 3: Mediation. The mediation process shall be as follows.
(a) The parties shall attempt to mediate a solution in front of an impartial mediator. The mediator shall be a trained mediator from the town’s mediation service or another mutually agreeable mediator.
(b) The mediation meeting may be informal. The mediation process may include the hearing of viewpoints of interested neighbors or other persons. Parties are encouraged to contact immediate neighbors and solicit input.
(c) The mediator shall consider the purposes and policies set forth in the applicable ordinance in attempting to resolve the dispute. The mediator will outline options and set time frames based on the issues relevant under the code in question.
(d) The mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute by written agreement in order to expedite the corrective action and eliminate the need for further involvement by Code Enforcement staff. If the alleged violation can be solved through the outlined options, to the satisfaction of the parties and the town, the parties shall enter into a signed and dated compliance agreement which sets forth specific compliance requirements and schedule.
(e) If a signed and dated compliance agreement satisfactory to the town is consummated through this mediation process, the violation is corrected and the case is closed.
4. Step 4: Code Enforcement prioritization. Code Enforcement will in its sole and complete discretion prioritize the complaint into the levels listed below. The response time will depend on the priority level of the alleged code violation.
(a) First priority. Alleged violations which Code Enforcement determines to involve health, life, safety or irreparable environmental damage concerns or in which significant environmental damage or costly remediation can be avoided by issuance of an immediate stop work order.
(b) Second priority. Alleged violations which Code Enforcement determines to directly affect the complainant or the complainant’s property.
(c) Third priority. Alleged violations other than first, second and fourth priority levels.
(d) Forth priority. Alleged violations made by a complainant who refuses to participate in mediation.
b. In determining the priority of a specific enforcement action within the third priority level, Code Enforcement staff may consider any and all factors it deems relevant, including, but not limited to, whether resources are best spent on one violation or another; whether Code Enforcement is likely to succeed if it acts; whether the particular enforcement action requested best fits the town’s overall policies; and whether Code Enforcement has enough resources to undertake the action at all.
(Res. 2008-3, passed 4-7-2008)