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City attorney proposes omnibus code changes including expanded NOV2 use and revised vacancy procedures
Summary
An omnibus ordinance package would let code enforcement use a shorter 'NOV2' enforcement step against repeat homeowner violators, move appeals back to an administrative law judge, and change how council vacancies are filled (including allowing resigning members within 30 days to vote on replacements and immediate public disclosure of appointment ballots).
The city attorney presented an omnibus ordinance package at the May 12 study meeting covering several code and procedural changes. Eric Bunderson said the package includes proposals to expand the use of a 'notice of violation 2' (NOV2) enforcement tool to shorten cure periods and increase fines for repeat homeowner offenders, while urging discretion in use.
Bunderson also proposed eliminating the citizen administrative code enforcement board in favor of returning appeals to an administrative law judge (ALJ). He said an ALJ provides an independent, law‑trained appeal path and reduces the frequency of appointment renewals for volunteer boards.
On governance changes, Bunderson described changes to Title 3 (department and division definitions) that would allow the city manager to reorganize internal divisions without requiring ordinance revisions each time departments are restructured; he emphasized that director appointments would still require council advice and consent under state law.
A separate, high-attention portion of the package revises vacancy appointment procedures. Bunderson said the law now allows a council member who has submitted an irrevocable resignation within 30 days to vote on their replacement; it also requires immediate public disclosure of ballots in appointment votes (no delayed or secret ballots). To resolve ties, the proposed code would allow the council to use a game‑of‑chance method such as a high‑card draw (with aces high) or a coin flip; staff framed the changes as an attempt to make an inherently messy process clearer and quicker.
Council members asked clarifying questions about council consent for director appointments and the mechanics of public ballot disclosure and tie resolution. Bunderson said the council retains authority to approve directors and that staff will return with ordinance language that preserves council confirmation while streamlining internal department updates.
No formal votes were taken on the ordinances during the study meeting; staff invited council feedback and said the items would be refined before any vote.
