3 Consider Adopting an Order Declaring Property to be a Public Nuisance

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Public Nuisance Hearing Process September 27,2017 Page 2 of 3 Due to the properiy owner's failure to take the corrective actions required by the City's September 15,20171etter,the City Council will consider this matter on October 3,2017 and be asked by City staff to declare the above-described condirions at the Property to be a public nuisance and violations of City Ordinances and to authorize any necessary legal proceedings to abate the same and/or prosecute the property owner for such code violations. In considering this matter, the City Council will be acting in a quasi judicial capacity,which means it will be receiving and reviewing evidence and interpreting and applying its ordinances as they exist to a specific situation(in contrast to the council's typical broader legislative role). In quasi judicial situations such as this special meeting, due process and equal protection are key factors courts will review in the event of further legal challenge. Due process and equal protection under the law demand that similar applicants and appellants must be treated uniformly by the City. Due process requires that the property owners be given adequate notice and an opportunity to be heard by the City Council prior to the City Council deliberating and rendering its decision, and you will note that the properiy owners received notice of the special meeting and their opportunity to attend and present evidence and argument on their behalf in the form of the Zoning Specialists' letter dated September 15, 2017,which was sent by certified mail (see Appendix D hereto). We recommend the City Council follow the procedure outlined at the conclusion of this memorandum,which procedure is intended to meet the legal standards for due process and equal protection, in considering whether the conditions on the Property constitute code violations and/or a public nuisance. Finally, City Council members should specifically note that as the judge in this case, Council members should sta.te no opinion on the subject matter of this hearing until after the hearing and record on October 3 are closed, such that all evidence will have been received by the Council prior to the Council's deliberations on October 3 and subsequent decision-making. Whatever decision the City Council ultimately then decides to make,the City's decisions must be supported by legally and factually sufficient findings a.nd an order. City staff and our office will propose findings for the Council's consideration at the October 3 hearing; however it is the Council's responsibility to determine if the evidence supports the proposed findings. In light of the above,we propose that the order of procedure for the City Council to hear this appeal on October 3,2017 should be as follows: 1. Open hearing—Mayor Adams. 2. Opening comments on process Mayor Adams and/or City Attorney. 3. City sta,ff presentation of evidence that public nuisance conditions and code violations exist on the Property—5-10 minutes. 4. Property owner Carter D. McAninch,by himself or through his legal counsel, shall have the opportunity to be heard by the City Council and to present evidence and/or argument on their behalf—5-10 minutes. 5. Questions from City Council members. 6. Close hearing and record—Mayor Adams.