Council explores administrative code enforcement ordinance to give city staff stronger tools and fines for nuisance violations

Shay (regional planning advisor) told the council that an administrative code enforcement (ACE) ordinance would create a consistent, notice‑and‑fee process for recurring nuisance codes such as weeds, fire‑safety hazards, vehicle, and animal violations. The ACE approach standardizes notices, timelines for compliance, an escalating schedule of administrative fines for repeated noncompliance, a process for collecting fees and an administrative appeals process. Shay said the ordinance is intended to add “teeth” to existing nuisance enforcement without removing the city’s option to refer criminal or unresolved cases to the county for prosecution.

City code enforcement officer Amy Morgan described difficulties enforcing nuisance rules when the only remedy has been county process; she said repeated noncompliant properties have sometimes taken a year or more in county court to resolve and that any monetary penalties assessed by the county have gone to the county rather than to Fountain Green. Shay recommended an ACE ordinance so the city could issue fines locally, recover remediation costs, and speed compliance. Councilmembers expressed concern about fairness and consistency and asked that any ACE ordinance specify a clear schedule (flat fees that escalate by number of offenses rather than a flexible range) and an appeal process.

Shay offered to provide a draft ordinance, forms (notice, citation, fee schedule) and a template memorandum; councilmembers asked staff to prepare a proposal for a public hearing as soon as practicable. Shay said he could send a draft next week and that the city could aim to hold a public hearing in October (planning suggests Oct. 9 in the meeting plan); members said they would like the council to review the draft prior to the public hearing. The council did not adopt any ordinance Sept. 18.