4/21/1992 - Laserfiche WebLink

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APR 2 11992 ,orK r.,,t "x.06° felt Attorney Garris' point is whether it is necessary to go directly to County Court at that time or have an alternate hearing body that could intervene at that point. Attorney Vitunac clarified that the law puts this as an alternate and does not forbid additional ways of enforcing this. He didn't think it would be illegal to put a step between the citation and County Court. Attorney Garris suggested putting in a special -master -to serve as a trial jury. Mr. DeBlois explained that staff got this directly from the State Statutes and if there is that discretion of putting in a special master, they certainly would have no objection. Attorney Vitunac wanted more time to research this further, but he didn't anticipate a problem. Assistant County Attorney Terry O'Brien noted there are a lot of "shalls" in the proposed ordinance, and agreed that we certainly could take a look at putting in a special master as an intermediate step. Attorney Vitunac believed that would be legal if the alleged violator and the County agreed to step aside for awhile and have a special master look at it, but if the violator wants to go to his appeal rights, he would go to the County Court. He didn't see any problem in making it a voluntary step to go before a special master where the findings would be binding on both parties. If the Board so directs, staff will insert that special master step. Leroy Hiers of United Irrigation felt the Board would be jeopardizing the contractors' trades by not adopting the proposed ordinance. He felt he probably complains more to the Building Department than anyone else about contractors who do not obtain a license or comply with all the requirements. He believed this all boils down to using common sense and he urged the Board to adopt the proposed ordinance. There being no others who wished to be heard in this matter, the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Wheeler, that the Board adopt Ordinance 92-09, amending Chapter 103 of the County Code, with the modification to insert between Citation Issued and County Court the ability for binding arbitration before a special master. Under discussion; Mr. DeBlois advised that subsequent to the drafting of Attachment A, Resolution of Rates, staff found that the County had adopted a resolution last October that set forth fines 20