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For the purposes of Chapter 1, Article II, the words
CIVIL FINE shall also mean nuisance service call fee when those fees are issued pursuant to § 12.15 of this code and the term INDEPENDENT HEARING OFFICER shall encompass either an administrative law judge or a hearing officer as selected by the City Attorney’s office.
(Ord. 2011-19, passed 8-15-2011)
A violation of the following provisions of the city code shall be an administrative offense that may be subject to the administrative mediation and hearing process of this Article II.
(1) Chapter 6, Article I, Fire Prevention and Protection Code;
(2) Chapter 8, Article III, Vehicle Regulations, Division A, Storage of Abandoned, Junk, and Inoperable Vehicles as Public Nuisances;
(3) Chapter 8, Article IV, Parking, Division A, Parking on Private Property;
(4) Chapter 9, Article XI, Affordable Housing Tenant Protection;
(5) Chapter 10, Article II, Refuse;
(6) Chapter 10, Article III, Odor;
(7) Chapter 10, Article IV, Noise Code;
(8) Chapter 10, Article VI, Weeds;
(9) Chapter 10, Article VII, Recycling;
(10) Chapter 10, Article VIII, Phosphorus Fertilizer;
(11) Chapter 11, Article II, Wastewater;
(12) Chapter 12, Article II, Nuisance Conduct and Conditions, Division A, Public Nuisance Property Conditions;
(13) Chapter 12, Article II, Nuisance Conduct and Conditions, Division B, Prohibited Nuisance Conduct;
(14) Chapter 12, Article II, Nuisance Conduct and Conditions, Division C, Nuisance Service Call;
(15) Chapter 12, Article II, Nuisance Conduct and Conditions, Division E, Improper Display of Sexually-Oriented Materials;
(16) Chapter 12, Article II, Nuisance Conduct and Conditions, Division H, Firearms, Weapons, Concealed Weapons;
(17) Chapter 12, Article II, Nuisance Conduct and Conditions, Division N, Graffiti;
(18) Chapter 12, Article II, Nuisance Conduct and Conditions, Division O, Smoking Prohibited;
(19) Chapter 14, Article II, Public Entertainment Licenses and Regulations;
(20) Chapter 12, Article IV, Animal Code, Division A, General Provisions and Animal Welfare;
(21) Chapter 12, Article IV, Animal Code, Division B, Domestic Animals and Dangerous Animals;
(22) Chapter 12, Article IV, Animal Code, Division C, Rabies Control;
(23) Chapter 12, Article IV, Animal Code, Division D, Chickens, Farm Poultry, Farm Animals, and Bees;
(24) Chapter 12, Article IV, Animal Code, Division E, Wild Animals;
(25) Chapter 12, Article IV, Animal Code, Division F, Inspection and Enforcement of Animal Code;
(26) Chapter 12, Article VI, Harmful Practices and Conduct - Prohibition of Conversion Therapy;
(27) Chapter 14, Article III, Animal Licenses, Division A, Dogs, Cats and Ferrets and Division B, Commercial Animal Establishments;
(28) Chapter 14, Article IV, Business Licenses and Regulations;
(29) Chapter 14, Article V, Food Establishments, Lodging Establishment and Public Pool Regulations;
(30) Chapter 14, Article VIII, Rental Housing Code;
(31) Chapter 14, Article VII, Sign Permits and Licenses;
(32) Chapter 15, Article I, Building Code;
(33) Chapter 15, Article VI, Private Residential Swimming Pools;
(34) Chapter 15, Article VIII, Plumbing, Division D. Wells;
(35) Chapter 16, Article II, Stormwater Management, and Article III, Stormwater Pond Aeration Permit;
(36) Chapter 17, Article II, Street Use Restrictions;
(37) Chapter 18, Trees;
(38) Reserved;
(39) Reserved;
(40) Reserved;
(41) Reserved;
(42) Reserved;
(43) Reserved;
(44) Reserved;
(45) Reserved;
(46) Reserved;
(47) Reserved;
(48) Reserved;
(49) Chapter 21, Article I, Introduction and Establishment;
(50) Chapter 21, Article II, Districts and Uses;
(51) Chapter 21, Article III, Development Standards;
(52) Chapter 21, Article IV;
(53) Chapter 21, Article V, Administration and Nonconformity;
(54) Chapter 23, Article I, Earned Sick and Safe Leave; and
(55) Chapter 23, Article II Prevailing Wage.
(Ord. 99-32, passed 10-4-1999; Ord. 2006-13, passed 4-17-2006; Ord. 2007-36, passed 10-22-2007; Ord. 2010-28, passed 11-1-2010; Ord. 3013-9, passed 4-1-2013; Ord. 2014-9, passed 5-5-2014; Ord. 2014-14, passed 10-13-2014; Ord. 2015-28, passed 11-2-2015; Ord. 2016-24, passed 10-24-2016; Ord. 2017-38, passed 11-6-2017; Ord. 2018-22, passed 7-23-2018; Ord. 2019-30, passed 8-5-2019; Ord. 2020-1, passed 2-24-2020
; Ord. 2020-49, passed 12-21-2020
; Ord. 2021-19, passed 6-14-2021; Ord. 2021-30, passed 9-13-2021
; Ord. 2022-32, passed 6-13-2022
; Ord. 2023-6, passed 3-20-2023; Ord. 2024-4, passed 2-26-2024; Ord. 2024-14, passed 6-17-2024; Ord. 2024-28, passed 11-18-2024; Ord. 2024-62, passed 12-16-2024)
(a) Upon the reasonable belief that an administrative offense detailed in § 1.11 of this Article II has occurred, the city officials listed in § 1.06 of this chapter shall serve on the violator an order to correct the violation. If compliance is not achieved by virtue of an order to correct, the official is authorized to issue an administrative citation pursuant to this Article II of the city code. An administrative citation shall be served in person or by mail to the person responsible for the violation, as well as the owner of the property on which the violation occurred, if not the same person. The citation shall state the date, time and nature of the offense, the name of the official issuing the citation, the amount of the scheduled civil fine and the manner for paying the fine or appealing the citation by requesting an administrative conference.
(b) Except as otherwise required in law, rule, regulation or ordinance, service pursuant to this Chapter shall be effective when a copy is:
(1) Delivered personally;
(2) Sent by first-class mail addressed to the person who is listed by the County Auditor as the owner of tax payer record. If the tax payer's address is different than the address where the violation exists, then the notice shall also be mailed to the property address where the violation exists; or
(3) If the notice is returned showing that the letter was not delivered or the property is known to be vacant, a copy thereof shall be posted in a conspicuous place in or about the structure involved.
(Ord. 99-32, passed 10-4-1999; Ord. 2007-36, passed 10-22-2007; Ord. 2011-19, passed 8-15-2011; Ord. 2016-24, passed 10-24-2016)
The administrative offenses detailed in § 1.11 may be subject to a civil fine. The amount of a civil fine may not exceed the amount of the maximum fine allowed if each ordinance violation had been prosecuted as a misdemeanor. In the case of civil fines imposed for excessive nuisance service calls pursuant to § 12.15 of this city code, the civil fine may not exceed the actual costs of providing excess law enforcement services up to $2,000 for each separate call subject to a fee. Civil fines may not be imposed for ordinance violations that prohibit the same conduct that is classified as a crime or petty misdemeanor in M.S. Chapters 168, 168A, 169, 169A, 170 and 171, as they may be amended from time to time, or for any other violation of a state law that preempts local regulations on the same topic.
(Ord. 99-32, passed 10-4-1999; Ord. 2000-1, passed 1-3-2000; Ord. 2006-13, passed 4-17-2006; Ord. 2007-36, passed 10-22-2007)
The City Council shall adopt by resolution a schedule of civil fines for administrative offenses for which a citation has been issued. City officials shall adhere to this schedule of fines in issuing administrative citations pursuant to this Article II.
(Ord. 99-32, passed 10-4-1999)
(a) The person responsible for the violation must either pay the scheduled civil fine to the Community Development Department or request a conference with the City Attorney’s office within 25 calendar days after issuance of the administrative citation. This administrative conference will be with the City Attorney or an Associate City Attorney who has reviewed the underlying facts of the violation, the history of prior violations, the impact of the violation on adjoining properties and any information provided by the person responsible for the violation. Based upon those facts, the City Attorney or Associate City Attorney will determine if any settlement options may, consistent with the public health, welfare and safety, be offered to the person responsible for the violation as an alternative to the payment of the entire amount of the fine. This conference shall take place within 20 calendar days of the City Attorney’s office receiving the request. If a settlement cannot be reached at the administrative conference, the person responsible for the violation may, at the conclusion of the conference, either pay the fine or request a hearing before an independent hearing officer. A request for an administrative conference must be made to the City Attorney’s office by mail or telephone. Only the City Attorney or an Associate City Attorney has authority to dismiss the citation or waive the scheduled civil fine or both during the administrative conference. Failure to pay the fine or request an administrative conference within 25 calendar days of the date of the citation shall be deemed an admission of the charges set forth therein.
(b) The person responsible for the violation may not request a hearing before an independent hearing officer without first having timely requested an administrative conference with the City Attorney’s office. Failure to attend the administrative conference as scheduled shall be deemed an admission of the charges set forth in the administrative citation or nuisance service call fee notice.
(c) If the person responsible for the violation requests an administrative conference and the civil fine or nuisance service call fee is for the same violation at the same property, which was the subject of a prior hearing before a hearing officer or administrative law judge within the last 12 months, the person responsible for the violation will only have the option of either paying the fine or scheduling an administrative conference with the City Attorney’s office. The person responsible for the violation may not request a hearing before an independent hearing officer.
(Ord. 99-32, passed 10-4-1999; Ord. 2000-1, passed 1-3-2000; Ord. 2007-36, passed 10-22-2007; Ord. 2011-19, passed 8-15-2011; Ord. 2016-24, passed 10-24-2016)
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