04-11-16 Health and Public Safety

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Councilmember Oliver Davis argued that these points of enforcement need to be clarified so the public understands how to navigate the process of registration. Councilmember Jo M. Broden added that the Board of Public Works approves applications for downtown events. She asked for clarification regarding the relationship between the Board of Works and DTSB. Aladean DeRose discussed that all large events have to register through the Board of Works. Councilmember Varner followed up with a question regarding the definition of "suitable" solicitation for buskers. Ms. DeRose explained that solicitation can be passive but not aggressive per the regulations laid out in the City's Solicitation Ordinance. Chairperson Voorde asked about age restrictions and identification. Councilmember Oliver Davis interjected a question regarding legal challenges and concerns regarding not allowing busking at certain events. Ms. DeRose explained that the ordinance had been reviewed in detail with the ACLU, and the lawsuit would be dismissed pending passage of the proposed ordinance. Chairperson Voorde opened the floor up for public hearing. There was no one to speak in favor or against the bill. Councilmember Karen White moved that Bill No. 19 -16 go to full Council favorably. Her motion was seconded by Councilmember Oliver Davis and carried by four (4) ayes. Chairperson Voorde introduced Code Enforcement Bills Nos. 05 -16 and 06 -16. The bills propose raises in the Code Enforcement fee schedule for various nuisance abatement. Chairperson Voorde explained that both bills have been formally withdrawn from the record. He spoke briefly about an earlier Health & Public Safety Committee meeting in which the public extensively addressed their concerns regarding Code Enforcement fees and practice. Due to a miscommunication, he said, administration was unavailable to answer questions at that meeting. The bills were only still on the current agenda to address public and Council questions and concerns that hadn't been addressed by Code Enforcement at earlier meetings. Chairperson Voorde went on to discuss Council's scope of authority in regard to Code Enforcement's fee schedule as a major question and point of clarification. Chairperson Voorde clarified the concern explaining that the Board of Public Works has the authority to approve fees. Council's only role is to review the schedule and decide if the fees are fair and reasonable. Councilmember Oliver Davis asked how Council proceeds if they find the fees to be unfair or unreasonable. What teeth does a resolution hold in this case?