pages: CityCouncil/2012-06-19.pdf, 13
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CityCouncil | 2012-06-19 | 13 | allow the property owner to attempt to come into compliance. The City Manager stated that he disagrees with doing so; staff has tried to negotiate with the prior attorney; placing a lien will not put anyone out of the house; maintaining a property in a way that is an eminent hazard is not fair to adjacent property owners; questioned how Council would determine which cases require mercy; exercising discretion that might result in a pattern could make the City subject to accusations about why cases were selected. Councilmember Johnson stated that she agrees with the City Manager that there should be no discretion, which is why she wants to ensure internal policies do not put enforcement at the discretion of individual staff members; particular properties should not be zeroed in on. The City Manager stated that he has no objection to suspending the accrual of additional fines and penalties for 90 days; urged the amount not be waived. Ms. Harrington stated Council has discretion and should use it. In response to Vice Mayor Bonta's inquiry regarding Ms. Harrington's concern with the fine being assessed, Ms. Harrington stated the property owner is struggling financially and cannot tolerate the expenses associated with the situation; the lien would accrue interest. The City Manager stated regardless of interest, the amount would not be payable and would not impact the property owner's cash flow; noted no appeals were filed. In response to Councilmember Johnson's inquiry regarding appeals, the Chief Building Official stated appeals are heard by the Appeals Officer, who is a Building Official from another city. Councilmember Johnson inquired whether the notice includes information about the right to appeal, to which the Chief Building Official responded in the affirmative. Vice Mayor Bonta inquired when Ms. Harrington became involved, to which Ms. Harrington responded last week. Vice Mayor Bonta inquired whether not assessing the lien for 90 days would effectively delay the lien for one year, to which the Chief Building Official responded in the affirmative. Anita Longoria, 1523 Pacific Avenue, provided additional background on the permits. The Chief Building Official stated the 2010 inspection record indicates everything appeared to be very new and was not 25 year old work. Regular Meeting Alameda City Council 13 June 19, 2012 | CityCouncil/2012-06-19.pdf |