Board reconsiders repeat-violation finding and plans clearer notice form

At the Aug. 27 meeting the Code Enforcement Board voted to reconsider and dismiss an order entered in July for case 25-0231 after staff and counsel concluded the earlier notice did not clearly state the matter as a repeat violation. The board also directed staff to create a separate notice form specifically to identify repeat violators.

Board member Bill explained that while the case was properly a repeat violation, the notice of hearing mailed to the property owner did not cite it as a repeat violation, a discrepancy that could affect due-process notice. "The notice of violation ... did not cite it as a repeat violation," Bill said, arguing the board should rescind the prior order and reissue a properly worded notice. Eric Rich Wagon and other staff agreed to prepare a new form with language explicitly identifying repeat-violation status.

The board voted to reconsider, then found the respondent in compliance and dismissed case 25-0231 without prejudice. Staff described plans to produce a new repeat-violation notice with clearer language so respondents receive unambiguous notice about heightened consequences for repeat offenses.

Why it matters: clarity in official notices is a procedural safeguard; the new form is intended to prevent inadvertent defects in notice that could undercut enforcement actions in repeat cases.