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Board asks counsel for due-process memo as COA begins imposing fines; members want consistent rubric
Summary
Board members directed counsel to prepare a due‑process memorandum for the Committee of Architecture after the COA began assessing fines for compliance violations; council will outline steps and discretionary points and return with options.
The board discussed April 28 whether and how the district’s Committee of Architecture (COA) should use legal counsel when the COA considers fines and how to ensure consistent, fair procedures.
Why this matters: the COA has begun imposing fines for violations of rules and regulations. Board members want a standardized approach that protects due process, avoids inconsistent application and clarifies whether legal counsel should attend hearings where fines or penalties are under consideration.
General Counsel Carl Comely told the board he would draft a due‑process memo that lays out step‑by‑step procedures and highlights decision points where counsel should be consulted. He said counsel could also provide on-call support for COA meetings and recommended making a written procedure so the COA can follow a consistent checklist each time it considers fines. He suggested one of the firm’s junior attorneys who has worked on COA matters could staff hearings at a lower rate when attendance is needed.
Board members raised a second substantive question: if multiple violations are found on the same property, should fines be compounded per violation or aggregated. Directors expressed concern that stacking multiple $500 fines could produce excessive penalties for property owners; counsel noted that the board may set policy guidance by resolution to shape how COA applies fines or could revise the ordinance if it wishes to change statutory penalty structure.
The board asked staff and counsel to produce a due‑process memo and recommended guidance that the COA and board can use before the COA proceeds with routine fines. Counsel estimated he would prepare a memo and, if necessary, staff or a partner would attend meetings where legal advice is needed.
Ending: Counsel will prepare a draft due‑process memorandum for the board and COA and return with options for addressing multiple violations and counsel attendance before the board’s May meeting.
