Planning staff outlines enforcement guide: appoint a code officer, use warnings/escalating fines and liens

Spencer Foster presented an enforcement guide intended to help Wallsburg follow up on code violations and implement the short-term rental and ADU rules the commission is considering.

Foster outlined a step-by-step escalation process: adopt clear ordinance language that defines violations and penalties, appoint or contract a code enforcement officer, issue warnings and notices, escalate to fines for continued noncompliance, and, if necessary, pursue civil remedies such as liens or small-claims actions with county assistance. He told the commission, “the first step, of course, is to establish clear ordinances… You try and establish clear ordinances that are spelled out, that have penalties for things you want to have penalties for like the short term rental.”

On enforcement staffing, Foster noted small towns must decide whether to assign the role to a town employee, a planning commissioner, a council member or contract the work: “You have to appoint somebody to be your code enforcement official… it doesn't have to be a staff member.” Commissioners discussed options and the limited bandwidth in a small town; one commissioner suggested the mayor or town clerk could sign mailed notices if no one is willing to serve in a face-to-face enforcement role.

Foster explained escalation tools: an initial written warning followed by fines and escalating penalties; if an owner does not pay or comply, the town may file a civil lien on the property. As he said, “You have the right as a town to put a lien on someone's property.” He also described that for criminal violations the sheriff's office would be the enforcing agency and recommended developing a working relationship with the county attorney and sheriff.

The commission discussed implementation details such as template letters for notices, administrative hearing processes to resolve disputes before escalating fines, and how to structure a fee schedule. Foster noted that if the town adopts only an affidavit-based ADU approach, the town would not immediately collect fees unless it adopts a permit system.

No formal action was taken; commissioners asked staff to include enforcement language in revised drafts and to prepare template notices and an enforcement checklist for the commission to review.