03-E Hist Pres.Comm. (10/14/02) - Laserfiche WebLink

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October 14, 2002 Page 22 of 35 back on page thirteen for judicial review but there is no appeal for Building and Standards Commission to City Council. Your decision stands. It is either complied with, enforced, or the party must appeal that to district court. That is why your paperwork is so very important; because we have to produce it in your record case file to the court and establish to the court that the actions that were taken were taken in accordance with the law. The burden of proof in that sort of case is very, very difficult for the party appealing that. I would point out to you on page fourteen, at the top, " the district court's review shall be limited to a hearing under the substantial evidence rule." That is a rule of law that means if there is anything more than what is called a scintilla of evidence to support the action of the commission then that ruling is sustained. It will not be reversed by the district court. That is a very difficult burden. I have had to face that personally before both in the sense of having to substantiate it on the side and having to defend it and go against it. I mean to impose upon you, or emphasize, I should say, the importance of your deliberations and your decisions because basically it is very unusual that your decisions are not the final decisions as to what happens to these properties. Any questions? The rest of it I think is fairly straight forward in terms of the remainder of the ordinance. Then the second part that starts on page nineteen is what is called the secured building permit which is not something that is within the purview of this particular commission but it was adopted by the Council at the same time as an alternative second approach for property owners to have a property that is structurally sound but is not in compliance with the ordinance to place it in a special status that would exempt it from enforcement actions provided they kept it secured and did not represent a risk to the health and safety of the public allowing the property owner then to bring the property back into compliance. The only time that this affects the duties of the Building and Standards Commission is that if a property owner seeks and successfully achieves that kind of permit, then the Commission may prefer enforcement action further on the property. Any questions? Depending on how you look at it this is the short or the long admission of this ordinance. Man: When do anticipate would be the soonest that this commission would meet? Mr. Schenk: I think you guys decided it would be the third Monday. Man: Do you think you will have anything to present? Mr. Schenk: I think regardless of whether we do or not you still have to sit down and establish your rules and regulations.