Title
A resolution adding a definition for Code Enforcement Officer.
Body
The definition of Code Enforcement Officer in Section 1-2 of the Sedgwick County Code has been added for the purpose of clarity and to account for circumstances unique to Sedgwick County.
The Animal and Water Conservation chapters of the Sedgwick County Code provide that a fourth or subsequent County code violation within twelve (12) months can result in a defendant being prosecuted as a habitual violator, subjecting the defendant to up to six (6) months of imprisonment. However, pursuant to K.S.A. 19-4716(d), "[n]o person who violates a county code or resolution and is prosecuted under this code shall be imprisoned for such violation." As such, the references for habitual violator offenses should be deleted.
Section 1-13 provides a mechanism for a hearing officer to be appointed to review the appeal of the decision by the Director of the MABCD and other County departments. However, the Unified Building and Trade Code ("UBTC") already provides for a review mechanism of many of the MABCD Director's decisions in the form of appeals to the various boards of appeals of the MABCD. As such, Section 1-13 was modified to reflect that in some instances, the UBTC terms will apply to cover any appeal that might be taken
Alternatives: Do not amend the resolution.
Financial Considerations: None.
Legal Considerations: The Board has the authority to adopt this resolution pursuant to its home rule authority within K.S.A. 19-101 et seq. This resolution would require approval by a simple majority.
Policy Considerations: None.