(A) Criteria. In the event the Board should consider the need to recommend to Council that judicial proceedings are necessary in order to enforce any particular lien for payment of unpaid civil fines, the Board is hereby directed to carefully consider the following factors before recommending judicial proceedings.
(2) Whether a civil suit seeking a money damages only against the violator or a civil proceeding seeking a judicially ordered sale of the subject property, will be the appropriate course of action.
(3) Whether the conduct of the violator has demonstrated indifference to or disregard for the necessity of compliance with the applicable city ordinance by statement, conduct, or inaction with regard to the violation.
(4) Whether the violation(s) which is/are the subject of the liens constitute a present danger to the public health, safety or welfare of the residents in the vicinity, or materially interfere with the peaceful enjoyment of adjacent property.
(5) The period of time for which the violation has existed must be considered in relation to the severity of the threat to the public health, safety or welfare of the residents in the vicinity.
(6) Whether three convictions of the same violation have been found to exist since the enactment of these criteria.
(B) Procedures.
(1) Upon notification to the Board by the City Clerk that liens have been filed in accordance with § 33.82, the Board, no sooner than 30 days after the Clerk’s notification, may consider whether the above factors exist. If so, it may make a formal written recommendation to the City Council that judicial proceedings be initiated. All liens filed prior to the enactment of this section shall be so considered by the Board within 60 days of the effective date hereof.
(2) The Board’s recommendation must be accompanied by written findings of fact in support of the recommendation. These findings must clearly demonstrate which of the above criteria have been met. In all cases, criteria specified in divisions (A)(1) through (A)(3) must be met in order to support the recommendation. Further, either criteria specified in divisions (A)(4), (A)(5) or (A)(6) must be met, individually or in combination.
(3) The Board’s recommendation must state whether it is recommending either (a) a civil suit before the court of proper jurisdiction seeking money damages only, or (b) a civil suit seeking monetary damages and an order of sale of the subject real estate.
(4) Upon receipt of a recommendation from the Board that judicial proceedings be initiated, City Council may follow the recommendation, seek different relief from that recommended by the Board, or take no action in response to the recommendation.
(Ord. O-33-05, passed 12-20-05)