8.08.150 - Mediation of request by neighboring resident or business before hearing.

A.

Before referring the request for determination of nuisance conduct or conditions under Section 8.08.140 to the administrative law judge, the Community Development Department shall contact or attempt to contact the property owner or business owner and shall offer to mediate the dispute between the parties.

B.

A property owner or business owner that does not respond within five (5) business days to the city's contact under subsection (A) above, waives the opportunity for mediation under this section, and the request for determination of objectionable conditions shall be submitted to the administrative law judge for a hearing.

C.

Mediation shall be conducted at City Hall, and provided by city staff; alternatively, an independent third party may mediate the dispute if both the action requester and the property owner or business owner agree on the mediator and agree on how the costs of the mediator will be shared among themselves.

D.

Mediation may take place over multiple sessions in order for the parties to gather additional information and to consider remedies to the objectionable conditions.

E.

If the parties are able to reach a resolution that includes remediation of the conditions that are the subject of the action request, then an agreement shall be entered between the property owner or the business owner and the city in which the owner agrees to promptly mitigate the objectionable conditions under a corrective action plan. The corrective action plan shall impose timelines and provide for penalties in the event the owner does not complete the mitigation actions.

F.

Failure to comply with a corrective action plan shall result in the matter being submitted to the administrative law judge for enforcement of the corrective action plan.

G.

If the parties are not able to reach an agreement that resolves the requester's concerns within thirty (30) days from the beginning of mediation, then the request for determination of nuisance conduct or conditions under Section 8.08.140 shall be forwarded to the administrative law judge.

(Ord. No. 2020-06, § VI, 6-3-2020)