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Citizens urge cap on code 'day fines' after examples cited; staff explain fines vs. fees
Summary
A resident raised multiple cases of high code-enforcement 'day fines' — including one cited at $500,000 — and urged limits. City staff and the magistrate explained the legal difference between fines and fees/abatement costs, how magistrates set fines, and existing processes for waiving or lowering fines to facilitate compliance; commissioners requested a staff memo and better public guidance.
A sustained public-comment block focused on code enforcement and so-called "day fines." One resident cited cases where accumulated fines reached very large amounts — including a case described as $500,000 for a property whose owner had been deceased for years — and urged the commission to adopt a rule or cap to prevent fines from rendering properties unsellable.
"You had 1 case where a person was dead for 3 years and get stuck with, $500,000 day fines," the resident said, describing how fines can outstrip abatement costs and deter rehabilitation or sale of properties. Staff and the magistrate clarified there are two elements to enforcement: fines (set by the magistrate at the final hearing) and abatement/collection costs (out‑of‑pocket expenses the city can place on tax bills). The magistrate and staff said fines are sometimes lowered or waived when there is a clear path to remediation, and that fees reflecting city costs (attorney, publishing, abatement) may be placed on the tax roll for collection.
Commissioners and staff discussed options including preparing a formal memo to clarify when fines can be waived, whether state law or local ordinance limits settable fines, and public education products to help property owners navigate the process. No new rule or cap was adopted at the meeting; staff agreed to research legal constraints and return recommendations.
