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Councilmember Sullivan questioned the process to levy a fine. City Attorney Roush suggested that the Council could direct staff to begin the administrative process separate from the appeal, hold a hearing, the hearing officer will take into consideration the matter and determine the levy of a fine. He said it would not lengthen the process, but run concurrently with the time commitment of the work being completed. Councilmember Sullivan said if the Smith's miss the 6-month deadline, he requested removing the structures and/or also imposing another fine. He agreed the timeline was excessive, is most bothered by the fact that the homeowner knew he needed permits, did not obtain them and did the work anyway, and removing the structures would most likely cause more impact to the neighbors. He also voiced concern with the City's code enforcement processes. Councilmember McGovern said laws are made and at times they are not imposed so people know they can get away with things and she felt this was an example. She believed that if the neighbors had seen the plans for additions they would have contacted the City and she did not want people building without permits in the City. Mr. Smith knew he blatantly disregarded the law, she believed he should be penalized, should remove the non-permitted work and go through the permitting process. However, if the Council allows him to continue the work she suggested he not be allowed to build on Saturdays. City Attorney Roush said if there are complaints received during the Saturday construction hours the Planning Director can modify or revoke the Saturday hours. The 6-month timeframe took into account complaints and can be revoked. If the 60-day requirement to obtain permits and the 6-month requirement to get everything finished is not completed, the City would initiate the nuisance abatement process to have the improvements removed. Councilmember McGovern confirmed with neighbors they also did not want building to occur on Saturdays. Mayor Hosterman said she supported staff's recommendation, with the addition of an administrative hearing process and that any fine levied would not be levied until the construction completion. Councilmember Thorne questioned the amount of the fine, and City Manager Fialho said the administrative hearing and associated fine could be as high as $1,000 and the Council may not want to wait to impose it. He did not believe the fine was very high given the circumstances. City Attorney Roush said fines are difficult to deal with in these types of situations and often the City seeks to get compliance rather than making it punitive. City Manager Fialho said if the work is not completed within 6 months, a nuisance abatement process could result in dismantling of the addition. Councilmember Sullivan suggested a friendly amendment to the motion to indicate that if the project is not completed within 6 months, the item can return to the City Council to abate it. City Attorney Roush said the condition is already incorporated in the nuisance abatement process. Councilmember Sullivan believed most of the work will occur inside and suggested not allowing any outside construction on Saturdays, and Mayor Hosterman agreed. Councilmember Thorne said if the item returns to the Council as not being completed in six months, he would support removal of the additions. Councilmember Cook-Kallio confirmed that staff would initiate an enforcement provision if Saturday work conditions were violated. City Council Minutes 8 March 4, 2008