§ 2-299. Special masters.

(a)

The city hereby establishes a special master/citation code enforcement system for the enforcement of its various codes. In order to avoid any potential conflict of interest, it is preferable for a special master not be a resident of the city, own real property in the city or own a business with a location in the city. This requirement can be waived by the city council. Special masters shall be an active or retired lawyer, but an attorney who has been disbarred by any state bar association shall be disqualified to serve as the special master. Furthermore, a person will be disqualified to serve as a special master if the person has been convicted or has plead no contest to any felony, any crime involving personal gain or the crime of perjury. If a person is serving as special master and is charged with a crime referenced above, the person shall automatically be suspended from serving as special master until the final conclusion of the case. One (1) or more special masters shall be appointed by the city council based upon the joint recommendation of the city attorney and city manager. The city manager shall have the authority to appoint a temporary special master in the event of a conflict or other temporary absence of the appointed special master. Special masters shall serve at the pleasure of the city council and may be removed at any time with or without cause by the city council. Special masters shall be compensated based on budgetary appropriations and approved by the city manager.

(b)

A special master shall have the power to:

(1)

Adopt rules for the conduct of hearings.

(2)

Special masters shall have the authority to hold hearings and access fines against violators of the various codes of the city.

(3)

Subpoena alleged violators and witnesses to the hearings. Subpoenas may be served by any law enforcement officer of the city or as otherwise permitted by law.

(4)

Subpoena evidence to the hearings.

(5)

Take testimony under oath.

(6)

Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance with city codes or ordinances. However, any orders that require the city to expend money or directs city employees to perform work, i.e. demolition or repair of a structure, must be approved by the city manager or city council.

(7)

Hear appeals from city staff decisions regarding denial of a development order or the revocation of a development order pursuant to Chapter 2, Article VII, Division III (Enforcement).

(Ord. No. 03-37, § 1, 1-13-04; Ord. No. 11-10, § 1, 7-26-11; Ord. No. 15-09 , § 3, 12-8-2015)