Laserfiche WebLink
PubIic Nvisance Hearing Process <br />May 28, 2Q 14 <br />Fage 2 of 2 <br />opportunity to be heard by the City Councii prior to the City Council deIiberating and rendering <br />its decision, and you will �ote that Mr. Dahl received notice af ihe speciai meeting and his <br />opportunity to attend and present evidenc� and argument on his behalf in the form of our May <br />I9, 2014 letter to him. <br />We recotn�mend the City Council faltow the procedure outiiz�ed below in considering whether to <br />for this hearing is intended to meet �hese legal standards far due process and equal protection. <br />Finally, City Councii members should specificaliy note that as the judge in this case, Council <br />rnembers should state no opinian on the subject �atter afthis hearing until a$er the hearing and <br />record on Jur�e 3 are ciosed, such that aIl evidence wiii have been received by the Councit prior <br />to ttte CounciI's deliberations on J�ne 3 and subsequent decision-making. Whatever decision <br />the City Councii ultimately then decicEes to make, the City's decisions must be supported by <br />tegaliy anc� factually sufficient �ndings anc! an order. City staffand our office wiIl propose <br />fndings for the Cauncil's consideration at the June 3 hearing; however it is the Cauncil's <br />resgonsibility to determine if the evi�ence supgarts the proposed findings. <br />In light ofihe above, we propose that the order of proeeduce for the City Council to hear this <br />appeal on June 3, 2014 should be as fo�lows: <br />1. O�en hearing — Mayor Adazns. <br />2. Opening comments on process Mayor Adazns and City Attorney. <br />3. City/Planniz�g Department staffpresentation of evidence that pe�bIic nuisance conditions <br />arid code vioiatiotas exist on the Property — 5-10 rninutes. <br />4- Property owner, Mr. Dahl, by himself or t�Zrough his legal counsel, shalI have the <br />opportunity to be heard by the City Co�ncil and to presen� evidence and/or argument on <br />his �ehaIf— 5-IO minutes_ <br />5. Questions from City Counci� members_ <br />6. Close hea.ring and record — Mayor Adams. <br />7. City Council deliberations on the issue, informed by City Attorney's analysis. <br />8. City Cauncit make mot��n and to approve resoIution maicing faetual findings an� order. <br />Please do not hesitate to contact us with any questions. <br />Thank you. <br />CMH/RTS <br />