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Vacant-building appeals involving LLC representation held pending city-attorney opinion
Summary
Appeals for properties held by LLCs (including 4030 N. 11th St. / 5 Star Properties) were rescheduled after the board raised questions about whether a nonattorney may represent an LLC in this forum; the board will seek city-attorney guidance.
Appeals for vacant-building registration and related enforcement matters involving limited-liability companies were held for next month so the board can obtain a city-attorney opinion on whether an LLC may be represented by a nonattorney member in these administrative proceedings.
At the Feb. 13 hearing, representatives for 5 Star Properties (appeals for 4030 N. 11th St. and 4527 W. Medford) appeared but the board questioned whether an LLC may be represented by an individual who is not a licensed attorney. The chair stated the board would consult the city attorney to confirm whether an owner or registered agent may appear without counsel.
The board voted to reschedule both appeals for the next meeting and to request formal guidance from the city attorneys office. Commissioners discussed that in small-claims court a business owner sometimes may appear without counsel, but that other jurisdictions and higher courts require attorney representation for entities. The board said it would contact the city attorney and reach out to appellants with instructions before the next hearing date.
Staff indicated the fines in one of those matters were relatively small (about $254) but the representation question would be resolved by legal guidance before proceeding.
