Loading...
HomeMy WebLinkAbout12/05/2016 Work Session City of Springfield Work Session Meeting MINUTES OF THE WORK SESSION MEETING OF THE SPRINGFIELD CITY COUNCIL HELD MONDAY DECEMBER 5, 2016 The City of Springfield Council met in a work session in the Jesse Maine Meeting Room,225 Fifth Street, Springfield, Oregon, on Monday December 6, 2016 at 6:15 p.m.,with Council President Woodrow presiding. ATTENDANCE Present were Councilor President Woodrow and Councilors VanGordon,Wylie,Moore,Ralston,and Pishioneri.Also present were City Manager Gino Grimaldi,City Attorney Mary Bridget Smith,City Recorder Amy Sowa and members of the staff. Mayor Lundberg was absent(excused). 1. Discussion Regarding Creation of an Administrative Inspection Warrant to Assist with Enforcement of the Springfield Municipal Code. Anette Spickard,Development and Public Works Director,and Kristina Kraaz, City Attorney's office, presented the staff report on this item. Staff requests Council discussion and input on the creation of an administrative inspection warrant as a tool to assist in the enforcement of the Municipal Code. The City lacks a provision in the Municipal Code to allow staff to request an administrative inspection warrant from the Municipal Court to aid in the collection of evidence necessary for code enforcement actions. Administrative warrants are a useful tool for code enforcement in many different areas—illicit discharge,Land Drainage Alteration Permits,building safety code enforcement,nuisance code,and development code enforcement.Administrative warrants are a common tool used in cities across the country and the standard for the Municipal Court to grant these warrants is firmly rooted in established Supreme Court case law. The tool can also be used in collaboration with the existing Chronic Nuisance Property code administered by the Police Department. The City already has authority to immediately enter onto private property without a warrant in the case of an emergency or for an immediate public health and safety risk without any code amendments. Adopting an administrative inspection warrant provision into the Municipal Code will provide a specific standard and criteria to allow the City to seek Court approval to gather necessary evidence for a code enforcement action absent such emergencies. If Council directs,staff will draft the necessary Ordinance and will schedule the public hearing and reading process to occur when Council returns from winter recess. Staff will also contact the Municipal Court to discuss the implementation of the new code if it is adopted by Council at the end of the public hearing and reading process. City of Springfield Council Work Session Minutes December 5,2016 Page 2 Ms. Kraaz said the standard for a judge to order an administrative warrant is different from a criminal warrant.A criminal warrant requires probable cause,and administrative warrants require reasonable cause,which could be shown by a code enforcement officer during their routine checks. Councilor Pishioneri asked if reasonable cause was the same as reasonable;suspicion. Ms.Kraaz said they are the same standard. Councilor Pishioneri said he wants to know if our Court would see this at the same level as a criminal warrant. He would like to see that the request for a warrant fails under exigency circumstances. He explained the definition of exigency circumstances.He would like to see some sort of language to make sure our requests are treated the same in Court. He's not comfortable with a staff person snaking a decision to submit the warrant. Ms. Spickard said they would have internal processes and discussion before it was submitted. Councilor Pishioneri said it needs to be written clearly to protect the City. He said he is a proponent of property owners' rights,but if the situation affects public health and safety,that would override a property owners' protections of not allowing people to come onto their property. Ms.Kraaz confirmed that he wants it tied to a health and safety need. Without this ordinance,the only way to get on any private property is to go to Lane County and ask a judge for a warrant.If this is restricted to health and safety,the City wouldn't have any way to go onto the property owner's property for anything that wasn't included in the ordinance. Councilor Pishioneri said if it is not an issue of public health and safety,we have time to go through other channels. Ms. Spickard said there are a handful of difficult code enforcement circumstances that go to Court. We try to work with people without going to Court. Councilor Pishioneri said before we would go onto the property, staff would go to Court for a hearing anyway. Ms. Spickard said this gives the City time to gather more evidence for Court, or verify there is a violation. Ms. Smith said in the past,there have been a handful of times when there were issues with elicit discharge which relate to public health and safety. In those situations,the City can't go onto the property to test.Those are the times an administrative warrant would be used. She referred to another case where a number of people were living in unsafe conditions and the City could not get onto the property to see what was truly going on. Councilor Pishioneri asked if a homeowner could be cited on show cause. Ms. Smith said the City would try first to get entry voluntarily, and then go through the process for the warrant and affidavit. Ms.Kraaz said execution of the warrant would work similar to a criminal warrant. City of Springfield Council Work Session Minutes December 5,2016 Page 3 Councilor Pishioneri asked if there was a process that would encourage the property owner to allow the City on their property prior to the warrant being issued. Ms.Kraaz said the City would need documentation showing they tried to get permission for entry. Councilor Pishioneri asked if there was a way to trigger notification to Council or the City Manager that a warrant is being issued,just prior or shortly after. Mr.Grimaldi said there are ways to make sure that happens. Ms. Smith noted that if the City finds other evidence of criminal wrongdoing under the warrant,they can't use it;rather it is specific to the purpose of the warrant. Ms.Kraaz said that is correct. She described further.There are exceptions, but generally other evidence found would not be admissible. Councilor Pishioneri said that is important when training code enforcement. Ms. Spickard said they practice that currently. Councilor Pishioneri said if they notice illegal activity first,they should probably go to Police. Ms. Spickard said Code Enforcement and Police staff work collaboratively on many issues. In some cases, they can request Police accompany Code Enforcement. Councilor Ralston said he was first concerned and doesn't want to violate private property rights. After reading through the materials,he feels more comfortable with the definitions of what constitutes probable cause. He feels substantial evidence is needed. He wants something that can be used to take care of problem drug houses since that is what needs to be cleaned up most. He has faith in the oversight of this through internal policies. Councilor VanGordon said he is overall supportive,but has some questions about the process. He asked if Code Enforcement officers could issue the warrant. Yes. He would like more structure around that part of the process.He wants the internal process in place before the ordinance passes. Ms.Kraaz said they do have processes in place,and the judge must first review what is submitted by Code Enforcement officer and makes the determination whether or not to issue the warrant. Councilor VanGordon said he wants to make sure leadership is aware.He referred to Section 5.630 of the proposed ordinance which refers to reasonable cause"to believe that there exists in any structure or upon any property any condition which constitutes a violation of a statute,ordinance,regulation, rule,standard or order".That sounds very broad. Ms. Spickard said this would be for the Nuisance Code,Development Code, Illicit Discharge and Land Drainage Alteration Permit requirements and Municipal Code.It's a tool to enforce the laws in the City Municipal Code and Development Code. Councilor VanGordon asked why it would need to be written that broadly. City of Springfield Council Work Session Minutes December 5,2016 Page 4 Ms. Kraaz said there are places in the Municipal Code and Development Code regarding illicit discharge and LDAP permits that leave discretion to the City Manager to implement standards and rules. Some of those standards are set by an order,or consent order from the previous owner. The extra language in the ordinance is intended to cover those types of situations. If they are not included, the City may not be able to use this tool in those circumstances. Language could be added to the ordinance that identifies which rules and orders. Councilor Wylie said she likes the idea of identifying which rules. The City Manager should be included in the approval to go ahead with this warrant.It's important enough and she wrists that stop gap. We have to respect and honor property owner's rights, but we also have to respect the neighbor's property rights who are impacted by noise, danger, etc.There has to be a balance. That's why she would like it to be brought to the City Manager.We need to have tools to protect the neighbors and deal with offenders. Councilor Moore asked about Section 5.638,"Emergency Inspection without Warrant"and what that means. Ms.Kraaz said an emergency circumstance would include things like discharge going into City water that was going to seriously jeopardize people's health. If the only way to stop it was to go onto private property,that would be allowed without a warrant.This preserves the constitutional exception to search and seizure warrant requirement.We have always had this ability. Councilor Moore said she is concerned that when the City asked people if they can come onto the property and the people say `no',they will have time to remove evidence while we seek a warrant. Ms. Kraaz said there is language that covers that situation. In many cases,the goal is compliance. If the threat of someone coming into search makes theta clean up the problem,and there is not an issue with that, it could be beneficial.In a case where we need to know what's going on without tipping off the property owner,those facts if reasonable,could allow this process. Ms. Spickard said in the daily course of work, staff tries to work with the property owner to reach compliance. If we find someone who is not cooperative in the beginning and we let theta know this is a potential process we can use,they may be more likely to abate the offense. Councilor Moore said it sounds like there are some times when we don't want them to know ahead of time in case they tamper or hide the evidence. Councilor Pishioneri said he is fine with having the Department Director and Supervisor approving and just notifying the City Manager rather than having him part of the approval process. He noted that exigent circumstances are similar to emergency.He described the differences. Code enforcement officers are enforcing the law.He is concerned about how this is currently worded under emergency situations. Ms. Kraaz said if there is an emergency where immediate access is necessary for public safety and welfare,the warranty is exempted. Councilor Pishioneri agreed with that. Councilor VanGordon said he is fine with the City Manager being informed as long as a Department Director or other staff in a leadership position approves. He would like to know how often this would be used when people are non-compliant. City of Springfield Council Work Session Minutes December 5,2016 Page 5 Ms. Spickard said they would look at it case by case. Councilor Woodrow said she doesn't disagree with anything. Mr. Grimaldi said staff would bring this back for a First reading and public hearing. ADJOURNMENT The meeting was adjourned at 6:52 p.m. Minutes Recorder—Amy Sowa Christine L. Lundberg Mayor Attest: Array Sowa -- City Recorder