was to revisit the issue in one year when the legal landscape might have become more firmly settled. Unfortunately, the state has not acted to clarify the law on these scooters, and City Council is now proposing to make the local ban permanent.

This was a first reading of the ordinance, so Mr. Stephens made no motion.

AN ORDINANCE
BY VICE MAYOR BYINGTON NO 4913
AN ORDINANCE TO AMEND EXISTING SECTION 17-104.4, RIGHT OF ENTRY, OF THE OAKWOOD PROPERTY MAINTENANCE CODE BY ADDING PROCEDURES FOR THE ISSUANCE OF AN ADMINISTRATIVE SEARCH WARRANT.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that the Oakwood Code Enforcement Officer routinely conducts a number of inspections to ensure that Oakwood’s aging stock of homes is properly maintained, safe, and holds its value. This is of critical importance in a residential community like Oakwood.

There are rare instances in which a property owner refuses consent for an inspection, and the Oakwood Property Maintenance Code provides inconsistent remedies. For example, if a person refuses consent for an inspection under the Pre-Sale Inspection Program or the Rental Unit Inspection Program, the Property Maintenance Code provides a process by which the Code Enforcement Officer can seek an administrative search warrant from a court. By contrast, if the need for inspection does not fall under one of those two programs but arises via neighbor complaint, the Code merely says the Code Enforcement Officer “is authorized to pursue recourse as provided by law,” without providing guidance as to what that recourse might be.

The ordinance being introduced tonight would add that guidance. It provides clear administrative search warrant procedures for situations not covered by the Pre-Sale Inspection Program or the Rental Unit Inspection Program, utilizing criteria that have been authorized by federal courts. The ordinance is being introduced as an emergency measure because city staff is aware of an existing property maintenance situation that potentially endangers other properties and must be addressed immediately.

Thereupon, it was moved by Vice Mayor Byington and seconded by Mrs. Hilton that the ordinance be passed as an emergency measure, with no second reading required.

Mayor Duncan noted that a four out of five yes vote is required for the ordinance to be passed as an emergency measure.

Upon call of the roll on the question of the motion, the following vote was recorded:

MR. WILLIAM D. DUNCAN YEA
MR. STEVEN BYINGTON YEA
MR. ROBERT P. STEPHENS YEA
MRS. ANNE HILTON YEA
MR. CHRISTOPHER EPLEY YEA

There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.

CITY MANAGER’S COMMENTS

Mr. Klopsch provided an update on the following:

The City Building/Public Safety Building, Oakwood Community Center, Public Works Center and Oakwood Dog Park reopened today after having been closed to the public over the past eleven weeks. As previously reported, Oakwood city staff continued to provide essential local government public services during the closure. Mr. Klopsch recognized the efforts of all city staff. He then commended the Department Heads for seamlessly managing their staff so quality services could continue to be provided to Oakwood residents. A press release was distributed last Friday announcing the reopening of Oakwood facilities. The press release requests that city business continue to be conducted via email and telephone, whenever possible, to limit the number of visitors at city offices. City facilities are equipped with plexiglass barriers, hand sanitizers, sanitizing wipes and face masks to protect the health, welfare and safety of the Oakwood community, the general public, and Oakwood employees. Face to face meetings in public buildings are either cancelled or severely limited. When meetings are required, individuals are spread out across the room to allow for proper social distancing. As mentioned at the May 4 City Council meeting, the City has had one employee test positive for COVID-19, Public Safety Officer (PSO) Steve Norris. PSO Norris is tentatively scheduled to be recognized