Loading...
Offenses which may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. Copies of such resolutions shall be maintained in the office of the Clerk/Treasurer.
(Ord. passed 12-27-2016)
In the event a party is charged with a subsequent administrative offense within a 12-month period of paying an administrative penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by 25% above the previous administrative penalty.
(Ord. passed 12-27-2016)
(A) In addition to those administrative penalties established in this code and the enforcement powers granted in § 10.20, the City Council is authorized to create by resolution, adopted by a majority of the members of the City Council, supplemental administrative penalties. The resolution may be in the form established in Appendix VI of the User’s Guide to the MBC. Such resolution may not proscribe administrative penalties for traffic offenses designated by M.S. § 169.999.
(B) These administrative penalty procedures in this section are intended to provide the public and the city with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain provisions of this code. The procedures are intended to be voluntary on the part of those who have been charged with those offenses.
(C) Administrative penalties for violations of various provisions of the code, other than those penalties established in the code or in statutes that are adopted by reference, may be established from time to time by resolution of a majority of the members of the City Council. In order to be effective, an administrative penalty for a particular violation must be established before the violation occurred.
(D) In the discretion of the peace officer, City Clerk, or other person giving notice of an alleged violation of a provision of this code, a written notice must be provided of an alleged violation, sent by first class mail to the person who is alleged to have violated the code. The person giving notice may request the payment of a voluntary administrative penalty for the violation directly to the City Treasurer within 14 days of the notice of the violation. A sample notice is contained in the appendix to this chapter. In the sole discretion of the person giving the notice of the alleged violation, the time for payment may be extended an additional 14 days, whether or not requested by the person to whom the notice has been given. In addition to the administrative penalty, the person giving notice may request in the notice to the alleged violator to adopt a compliance plan to correct the situation resulting in the alleged violation and may provide that if the alleged violator corrects the situation resulting in the alleged violation within the time specified in the notice, the payment of the administrative penalty will be waived.
(E) At any time before the payment of the administrative penalty is due, the person who has been given notice of an alleged violation may request to appear before the City Council to contest the request for payment of the penalty. After a hearing before the City Council, the City Council may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary, there shall be no appeal from the decision of the City Council.
(F) At any time after the date the payment of the administrative penalty is due, if the administrative penalty remains unpaid or the situation creating the alleged violation remains uncorrected, the city, through its attorney, may bring criminal charges in accordance with state law and this code. Likewise, the city, in its discretion, may bring criminal charges in the first instance, rather than requesting the payment of an administrative penalty, even if a penalty for the particular violation has been established by City Council resolution. If the administrative penalty is paid, or if any requested correction of the situation resulting in the violation is completed, no criminal charges shall be initiated by the city for the alleged violation.
(A) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided, shall, upon conviction, be guilty of a petty misdemeanor. The penalty which may be imposed for any violation which is a petty misdemeanor under this code, including Minnesota Statutes specifically adopted by reference.
(B) Any person, firm, or corporation who violates any provision of this code, including state statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction be guilty of a petty misdemeanor. The penalty which may be imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300.
(C) Pursuant to M.S. § 631.48, as it may be amended from time to time, in either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(D) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation.
(E) In addition to any penalties provided for in this section or in §§ 10.35 through 10.44, if any person, firm, or corporation fails to comply with any provision of this code, the City Council or any city official designated by it, may institute appropriate proceedings with a hearing before City Council, at law or at equity to restrain, correct, or abate the violation.
(F) Issuance of citation for violation is as follows.
(1) Upon probable cause to believe that a violation has been committed and that the violator has committed the violation or is legally responsible for the commission of the violation or for allowing the condition constituting the violation to exist, an issuer is authorized to issue a citation, complying with the standards set forth below, to the violator.
(2) In the case of a violation which constitutes a property violation, the citation may, in addition, include a directive to eliminate the condition giving rise to the property violation.
(3) If reasonably practical, the issuer shall deliver the citation to the violator in person. If the violator is not present at the time that the citation is issued, cannot be reasonably contacted for the purpose of delivery of the citation or refused to accept delivery of the citation, the issuer may deliver the citation to the violator by depositing it in the U.S. mail addressed to the violator at an address of public record for the violator, which may include but need not be limited to an address taken from area telephone directories, from records of the city assessor, from records of city-owned utilities or from other public sources. Delivery by such alternative means shall be deemed to be valid delivery and shall be deemed to be effective three days after the deposit of the citation in the U.S. mail.
To: (Name and address of person who is alleged to have violated the code)
From: (Name and title of city official giving the notice)
Re: Alleged violation of Section of the City Code, relating to (give title of section)
Date: (Date of notice)
I hereby allege that on (date of violation) you violated § of the City Code relating to
.
The City Council has by resolution established an administrative penalty in the amount of $ for this violation.
Payment of this administrative penalty is voluntary, but if you do not pay it the city may initiate proceedings for this alleged violation.
Payment is due within 14 days of the date of this notice. Before the due date, you may request an additional 14-day extension of the time to pay the administrative penalty.
As an alternative to the payment of this administrative penalty, if the situation that gave rise to this alleged violation is corrected by (establish date), then the payment of the administrative penalty will be waived.
Even if the administrative penalty is paid, the city reserves the right to institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.
Before the due date, you may request to appear before the City Council to contest the request for payment of the penalty. After a hearing before the City Council, the City Council may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary, there shall be no appeal from the decision of the City Council.
If you pay the administrative penalty, the city will not initiate proceedings for this alleged violation. However, the City Council, or any city official designated by it, may institute appropriate proceedings, as referenced in ____________, or seek appropriate remedies at law or at equity to restrain, correct, or abate the violation.
Payment of the administrative penalty may be made by check, cash, or money order to the City Clerk/Treasurer.
Signed:
(Name and Title of Person Giving Notice)