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East Bethel council weighs civil abatement and court orders to address long-running code violations
Summary
Council members pressed for stronger tools after several properties lingered in code violation for years; staff and the city attorney explained the city can pursue civil abatement and seek court orders that lead to warrants and cost assessments when criminal fines do not produce cleanup.
East Bethel — At the March 23 work session, city staff and council members discussed four properties with persistent code violations and asked whether the city should pivot from relying primarily on criminal fines to pursuing civil abatement and court orders to force cleanup.
Council members expressed frustration that paying criminal fines often resolves only the punishment and not physical cleanup. One council member asked whether the court could issue an order requiring cleanup; the city attorney responded, "the civil process is what we use to obtain corrections. The criminal process is what we use to punish," and explained that a civil proceeding can result in a court order, then a warrant for abatement if the owner fails to comply, with abatement costs assessed back to the property.
Staff said the city has historically defaulted to criminal prosecution in many cases and that civil remedies have been available but underused. Council discussed specific properties by name in the packet: Foss (where prior steps have produced compliance), a Gimple property (where letters and notices have been exhausted and further administrative steps remain), and the Dewitts (where questions remain about a shed’s sidewall height and whether it exceeds the 200-square-foot/8-foot rule). Staff noted it has not been allowed onto some properties to confirm measurements.
Council asked about fines and enforcement steps; staff recalled the administrative fine schedule roughly as $50 for a first notice, $100 for a second, and $150 for a third notice but said those figures would be verified. The city attorney advised that if civil relief is pursued, the court could issue a compliance order and, if necessary, authorize abatement and allow the city to put costs on the property tax rolls.
Next steps: Council asked staff to investigate the civil-abatement option, to coordinate with the incoming attorney when appropriate, and to return with more detail — including any timeline, cost estimates, and a verification of outstanding fines — at a future meeting.
