HomeMy WebLinkAbout2011-06-27 Work Session MinutesHe pointed out that when they have to do the ultimate process, collection, they
may end up with a judgment imposing a fine. This could result in a 'show
cause' ruling, which could make the assessment a lien against the property and
potentially cause foreclosure.
Commissioner Unger mentioned the issues of fire danger and people letting
their lots go, putting others at risk. He asked about whether this involves the
same violation process. Mr. Pilliod said this is more common in the cities as a
violation of municipal codes. SB 360 addresses the portions of the County that
are not under the jurisdiction of fire districts or municipalities. Typically, in the
absence of a Code provision, the violation of choice is a nuisance provision.
Cities and counties may be able to do this under nuisance abatement, but it is a
very time-consuming process.
Mr. Anderson indicated this has not been a big issue. In the cities, you find this
in the housing ordinances or safety issues. Rural counties typically do not have
these kinds of codes. It has come up and the Boards at that time did not want to
pursue it, since a rural lifestyle tends to be less regulated.
Mr. Pilliod stated that the fire districts may have control based on the height of
the weeds or similar issues. Also, some subdivisions handle private
enforcement under CCR's. Mr. Kanner said that the Weed Advisory Board
would be interested in having access to this kind of process. Mr. Pilliod stated
that it would be available to them in this case.
Mr. Anderson noted that rarely the County addresses a health and safety
problem with a property, and it is a lengthy process that may involve an
eventual lien against the property.
Mr. Pilliod stated that SB 360 addresses a very small amount of land. The Code
otherwise does not contain a process except the statute that provides a similar
process that is more cumbersome, through a nuisance provision.
Commissioner Unger asked John Griley if this is a difficult process for him.
Mr. Griley said that it is not known, although the cases that went through
Circuit Court usually were successful, with most being handled through
voluntary compliance. The Court process can take a long time, however.
Minutes of Board of Commissioners' Work Session Monday, June 27, 2011
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