Laserfiche WebLink
GREENWELL: Well , it ' s obvious that you wouldn' t <br /> allow. . . through the Charter to levy it. . .a fine, in this <br /> case here. <br /> YUEN: Yes. <br /> GREENWELL: One of the problems I think too you ' re <br /> having is that some of these people like the fellow with <br /> the fence, and I know some others who are building too <br /> close to boundary lines and things . That was becoming <br /> habit because nobody' s getting really knocked on on the <br /> thing. <br /> KANUHA: And again, the response to that is that the <br /> remedial process , you know, is (inaudible) ; it ' s the same <br /> as any other criminal process ; we have to take it through <br /> that. . . <br /> GREENWELL: Yeah. <br /> KANUHA: . . . that (inaudible) . <br /> BETHEA: You know, the problem seems to me to be <br /> more of a misunderstanding. That ' s the criminal <br /> section. And it would operate I think to limit the <br /> County' s power to levy criminal fines for punishment for <br /> violations of ordinances . That isn' t necessarily <br /> exclusive. And then you go back and look at the legisla- <br /> tive branch, County Council: The legislative powers of <br /> the County shall be vested in the County Council . <br /> There' s nothing in that that suggests itself to me that <br /> the County couldn' t use it ' s general legislative powers <br /> to authorize departments to assess civil fines. I don' t <br /> know where the problem has come from. I mean, if you <br /> have been to the Council and said, we want some authority <br /> to levy civil fines , I don' t know where. . .why they don' t <br /> have power to do it. I 'm just looking at it from the <br /> (inaudible) . Would you. . .does anything suggest itself to <br /> you (inaudible)? <br /> YUEN: I think that an argument could be made that <br /> if the state enabling statute doesn' t give the County the <br /> power to levy a civil fine as part of this enforcement <br /> power, you don' t have that. I mean, this is something <br /> that I can' t really give you a good (inaudible) off the <br /> cuff. But I do know that some of the state enabling <br /> statutes specifically say you can levy these kinds of <br /> fines and how you can go about levying them, and then it <br /> becomes easy. <br /> If the commission wants to be sure that the Charter <br /> is not being interpreted to be more restrictive than it <br /> is , then that probably would be (inaudible) in a proposal <br /> 390 <br />