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Commission approves first reading of nuisance‑abatement code update

3087840 · April 23, 2025
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Summary

On first reading the commission approved amendments to Chapter 46 to modernize nuisance-abatement procedures, add special-magistrate hearings and clarify lot-mowing and tree-trimming enforcement; the motion passed on a 4-0 roll call.

City Attorney (on behalf of staff) introduced Ordinance 2025-11 to modernize nuisance-abatement procedures in Chapter 46 and to create a clearer special‑magistrate hearing process for declaring and abating public nuisances.

The attorney said the update moves certain responsibilities from the city manager to code-enforcement staff, clarifies due-process steps, allows the special magistrate to take evidence and order abatement, and provides for city abatement and cost recovery where property owners do not remedy declared nuisances. The ordinance also allows the city to mow lots or trim dangerous trees without a prior magistrate hearing when the owner does not respond, with the owner able to request a hearing after notice.

During public comment, resident John Kirsman urged careful, documented notice procedures and expressed concern about how notices reach absentee owners. Commissioners discussed safeguards and the magistrate process, and staff said owners will receive notice and can request hearings; lawn mowing and tree trimming provisions can be appealed to the magistrate.

Commissioner Moholland moved to approve first reading of Ordinance 2025-11; the motion was seconded and passed by roll call: Commissioner Moholland — Yes; Vice Mayor Marriott — Yes; Commissioner Robinson — Yes; Mayor Petrillo — Yes. The ordinance will return for a second reading and final adoption at a later meeting.