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ADMINISTRATIVE OFFENSES
The City Council finds that there is a need for alternative methods of enforcing this code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for this code’s violations.
(Prior Code, § 5.6.1.1)
(A) Administrative offense. A violation of any provision of this code is an administrative offense that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense.
(B) Exemption. Alcohol and tobacco license violations are not subject to administrative citation under this section.
(C) Civil penalty. An administrative offense may be subject to a civil penalty not to exceed the maximum penalty for a misdemeanor violation under state law.
(D) Schedule of fines and fees. The City Council must adopt by resolution a schedule of fines for offenses initiated by administrative citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review under §§ 10.060 to 10.063. The City Council may adopt a schedule of fees to be paid to administrative hearing officers.
(Prior Code, § 5.6.1.2)
(A) Administrative notice.
(1) Upon the first violation, the city may issue an administrative notice to the violator. The city will deliver the administrative notice to the violator in person or by regular mail. The violator will have ten calendar days to correct the violation after issuance of the administrative notice.
(2) If the violator is making a good faith attempt to remedy the violation, the city may grant an extension, the length of which must be agreed upon in writing between the city and the violator. The city is not required to give such notice and the city, in its sole discretion, may determine that the violation needs no notice since it is presumed that the public is clearly on notice that the conduct is in violation of this code. In such cases, the city shall immediately issue the administrative citation as set forth in division (B) below.
(B) Administrative citation. If the violator fails to correct the violation within the time period provided in the administrative notice, the city may issue an administrative citation. The city must issue the citation to the violator in person or by certified and regular mail. In the case of a vehicular offense, the citation may be attached to the motor vehicle. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation.
(C) Payment. The violator must either pay the scheduled fine or request a hearing within seven days after issuance of the citation. Penalties for failure to correct the violation or late payment of the fine may be imposed as set forth in §§ 10.075 to 10.079. The city may issue a second citation or take other legal action to achieve compliance with the ordinances.
(Prior Code, § 5.6.1.3)
(A) Hearing officers. The City Council will periodically approve a list of qualified individuals, from which the City Clerk-Treasurer will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The hearing officer will be a public officer, as defined by M.S. § 609.415, as it may be amended from time to time. The hearing officer must not be a city employee. The City Clerk-Treasurer must establish a procedure for evaluating the competency of the hearing officer, including comments from accused violators and city staff. These reports must be provided to the City Council.
(B) Removal of hearing officer. No later than five days before the date of the hearing, the violator may make a written request that the assigned hearing officer be removed from the case. The City Clerk- Treasurer will automatically grant one request for removal. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she can fairly and objectively review the case. If the hearing officer determines he or she cannot fairly and objectively review the case, the hearing officer shall notify the City Clerk-Treasurer in writing at least one day before the scheduled hearing date. The City Clerk-Treasurer will then assign another hearing officer.
(C) Notice of hearing. Within 30 days of the request for a hearing, the City Clerk-Treasurer will schedule the hearing and will notify the violator and involved city staff of the date, time, and place for the hearing. Parties are expected to be available for two hours. Notice of the hearing must be mailed to the violator and the hearing officer at least ten days in advance of the scheduled hearing, unless a shorter time is accepted by all parties. The notice must contain the names of the parties, the identity of the hearing officer, the location of the alleged violation and the type of violation alleged.
(D) Continuance. A request for a continuance must be made to the City Clerk-Treasurer at least five days prior to the scheduled hearing date. The City Clerk-Treasurer may grant a continuance at the request of the violator or the city staff member only for good cause shown and for no more than ten days from the originally assigned date.
(Prior Code, § 5.6.1.4)
(A) Upon receipt of any request for a hearing, the City Clerk-Treasurer’s office will compile a summary report detailing the facts in support of any determination that the offense constitutes a violation.
(B) The summary report will include:
(1) Copy of the citation issued;
(2) Copy of the administrative notice, which preceded the citation;
(3) Copy of any case history in the issuing employee’s department;
(4) Photographs and/or videotape of property where available; and
(5) Proof of mailing and/or posting of notice on the property if the citation was not personally served on the violator.
(C) The file must be ready for the hearing officer to pick up on the business day preceding the scheduled hearing.
(Prior Code, § 5.6.1.5)
At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must tape record the hearing and receive testimony and exhibits. The hearing officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
(Prior Code, § 5.6.1.6)
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