×

Marshall Council OKs administrative citation ordinance

MARSHALL — Marshall will have a different set of tools for enforcing city code violations — one that city staff said they think will be faster and more cost-effective than turning to criminal court penalties.

On Tuesday, members of the Marshall City Council voted to adopt an ordinance setting up an administrative citation process for the city.

“This is an alternative method for what you have in your tool belt right now, which is basically through state statute and the different processes through the housing and building codes,” Marshall City Attorney Pamela Whitmore told council members.

“When I first joined the city working with you all, I heard a lot about the frustrations around being able to work with the residents in code violations, and doing that efficiently and effectively,” Whitmore said. Whitmore said the administrative citation ordinance “sets up a collaborative process” for Marshall city staff to work together with Marshall residents, and would also help avoid the time delays and costs that can happen in court.

The proposed ordinance brought before the council on Tuesday outlined the process for enforcing city code violations through administrative citations. The proposed text of the ordinance said criminal prosecution didn’t adequately address some of the issues involved in city code violations. The list of issues included neighborhood concerns, livability issues, and the stigma and other consequences of being charged with a misdemeanor offense.

Under the proposed ordinance, if a city employee or agent determines that a city code violation has happened, the city can issue a compliance letter. The letter would include the nature of the code violation, a description of the property where the violation happened, and deadlines to comply with city code. Failure to comply with city codes could lead to an administrative citation and a civil penalty payable to the city.

Some types of violations would not receive compliance letters, Whitmore said.

“This will not be used to any types of enforcement for traffic violations, alcohol or tobacco licensing. That’s not allowed,” she said.

The ordinance said other violations that won’t get compliance letters include noise violations, violations of the fire prevention code, and conditions that require immediate action to protect health and safety.

“And then if things aren’t getting remedied, it allows an opportunity for them to be heard about the violation. So it really does enable them as residents to have some say in the process,” Whitmore said.

The proposed ordinance said the city would try to work with people to resolve the violation, including offering reasonable extensions for compliance People who receive administrative citations can also contest the alleged violation at an administrative hearing.

If an offender doesn’t pay the civil penalty and doesn’t fix the code violation, the city can take actions like suspending permits or licenses related to the violation, assessing the property where the violation happened, or starting criminal proceedings, the proposal said.

Council members voted in favor of adopting the administrative citations ordinance.

Starting at $3.95/week.

Subscribe Today