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Council delays vote on ordinance delegating lien‑reduction authority to special magistrates after heated debate
Summary
Ordinance 5705, which would delegate lien‑reduction authority to special magistrates and streamline the city’s lien‑reduction procedure, was presented by staff; after council members and public commenters raised fairness and appeals‑process concerns the council voted to postpone consideration to Nov. 19 by a 4–1 vote.
The council heard a staff presentation on Ordinance 5705, a text amendment that would delegate authority to special magistrates to consider and act on applications for code‑compliance lien reductions and would clarify lien‑reduction procedures.
Deputy director Erin Seto described the city’s current code‑enforcement process — multiple reinspections, notices of violation, notices to appear, possible stipulated orders and special magistrate hearings — and explained that the proposed change would streamline the final lien‑reduction step by allowing the special magistrate to hear reduction requests and, if approved, allow an administrative release of the lien. Seto said the proposed process would permit one continuance by a property owner and emphasized staff’s intent to work with property owners to achieve compliance.
Council discussion focused on due process and checks and balances. Council member Wigger warned against a system where the same magistrate who issued a fine could also decide to reduce it; he urged other options such as a board of appeals or a second magistrate review. Council member Thompson and Mayor Singer said the change would align the city with common regional practice and make the process more efficient; Thompson also suggested preserving a council appeal option or limiting council review by dollar threshold so that litigants would not be forced into circuit court for every appeal. Staff reported the city’s total outstanding liens are approximately $167,000 with an average outstanding lien of roughly $2,264 and a median around $145.
Members of the public pressed procedural fairness in individual cases (several speakers referenced a specific Danberg enforcement matter). After extended discussion about alternatives (keeping a council appeal, requiring a second magistrate review, or setting a dollar threshold), the council voted to postpone Ordinance 5705 to a date certain of Nov. 19, 2024. The motion to postpone carried 4–1. Council asked staff to return with additional options, statistics and legal analysis before the next hearing.
