(A) Findings and purpose. The purpose of this chapter of the city code is to establish a procedure for administrative enforcement of violations of the city code. The City Council finds that criminal or civil legal action is not an appropriate remedy for certain violations of city code. The City Council establishes this administrative enforcement process as an informal, cost-effective and more efficient alternative to traditional criminal charges for violations of certain city code provisions.
(B) General provisions.
(1) A violation of any provision of the city code, other than a traffic offense, is an administrative offense subject to a citation and civil penalties pursuant to this chapter.
(2) Each day a violation exists constitutes a separate offense.
(3) Each adrninistrative offense, may be subject to a civil penalty not to exceed $1,000. The City Council shall adopt a schedule of civil penalties for offenses subject to administrative enforcement.
(4) Civil penalties may be doubled for repeat violations that occur within a 12-month period.
(5) The City Administrator is authorized to promulgate rules and forms to facilitate the execution of this chapter.
(6) In its sole discretion, the city may elect to pursue criminal charges, a civil action, or other remedies allowed by law for conduct covered by this chapter.
(C) Administrative citation.
(1) Individuals authorized to enforce the City Code. The following individuals may issue administrative citations on behalf of the city:
(a) Any Officer of the Dayton Police Department;
(b) Fire Chief;
(c) Fire Marshal;
(d) Public Works Supervisor;
(e) City Administrator;
(f) Any other employee or agent of the city designated in writing by the City Administrator.
(2) Notice of violation. Upon determining that a violation of city code has occurred, any individual authorized under this chapter may give notice of the violation to the violator. Such notice shall be in writing and include the nature, date, and time of the violation, the name and title of the official issuing the notice, and the amount of the scheduled penalty. In the case of a vehicular violation, notice may be attached to the vehicle.
(D) Payment or hearing request required.
(1) For violations other than violations of the city's Zoning and Subdivision Codes, within seven days of issuance of the written notice of violation, the person issued such notice must either pay the civil penalty or request an administrative hearing in writing. The civil penalty may be paid in person or by mail. Payment is deemed an admission of the violation.
(2) For violations of the city's Zoning and Subdivision Codes, the property owner shall have 30 days from the issuance of the written notice of violation to request an administrative hearing in writing, modify the property to adhere to zoning requirements, or provide the City Administrator with satisfactory written evidence of efforts toward compliance. By way of example, but without limitation, satisfactory written evidence may include a contract with an individual or entity to perform the necessary work to bring the property into compliance with zoning requirements within a limited period of time. During the 30 days from the issuance of the written notice, the property owner will not incur a civil penalty. If the property owner does not request a hearing, bring the property into compliance, or provide the City Administrator with satisfactory written evidence of efforts toward compliance within 30 days of issuance of the written notice, the property owner will incur a civil penalty on the 31st day after issuance of the written notice, and each day the violation continues, as provided in the city's schedule of civil penalties. Civil penalties will continue to accrue until the property owner notifies the City Administrator that the property has been brought into compliance and the City Administrator or designee has verified the property is compliant.
(E) Administrative hearing.
(1) Any person contesting an administrative citation pursuant to this chapter may request a hearing. The request must be in writing and include the violator's name and contact information, citation number, date of offense, and a brief description of the reason(s) for requesting a hearing. Any request for hearing other than a hearing on a zoning or subdivision code violation must be addressed to the Chief of Police and received at the Police Department within seven days of issuance of the citation. A request for a hearing on a zoning or subdivision code violation must be addressed to the City Administrator and received at City Hall within 30 days of the issuance of the notice of violation.
(2) The city will determine the hearing date. The hearing should be conducted within 60 days from the date the request is received.
(3) A hearing officer shall conduct an informal hearing to determine, by a preponderance of the evidence, whether a violation has occurred. The hearing officer shall have authority to sustain or dismiss the violation and, if sustained, reduce or waive the civil penalty.
(4) The civil penalty must be paid within seven days of the hearing officer decision.
(F) Hearing Officer. The hearing shall be before any member of City Council acting as the Hearing Officer, or an individual designated by the City Council to act as Hearing Officer. The Hearing Officer is authorized to hear and decide any controversy relating to administrative offenses covered by this chapter.
(G) Payment of civil penalty.
(1) Except for violations of the Zoning and Subdivision Codes, the civil penalty must be paid within seven days of issuance of an administrative citation, or seven days of the Hearing Officer's decision. A ten-percent (10%) late fee will be added beginning on the eighth day, and for each day thereafter until the penalty is paid in full. The City Administrator may agree to a one-time extension to pay, up to an additional 14 days.
(2) The city will periodically send invoices regarding outstanding civil penalties and late fees. Where a violation affects property within the city, no permits or land use approvals will be granted for the property at issue until all civil penalties are paid.
(3) If an individual fails to timely pay the civil penalty or request a hearing, the city may request a misdemeanor or petty misdemeanor charge to be filed in accordance with applicable statutes, or the city may use traditional debt collection methods or any other method prescribed by law, including assessing the unpaid fines against property owned by the violator, to collect the fine amount and any associated fees.
(4) If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the city for the same violation.
(5) During the time any civil penalty remains unpaid, no city approval will be granted for a license, permit, or other city approval sought by the violator or for property under the violator's ownership or control.
(H) Disposition of penalties. All civil penalties and late fees shall be paid to the city and deposited into the general fund.
(I) Schedule of civil penalties.
Offense Description | Ord. No./Section | Initial Penalty |
Offense Description | Ord. No./Section | Initial Penalty |
Code violations not otherwise specified | $100 | |
Abandoned, wrecked or inoperative vehicles | $75 | |
Abandoned motor vehicle | M.S. § 168B.03 | |
Public nuisance | Ord. 2007-02, M.S. § 609.74 | |
Storing junked motor vehicle | § 130.05 | |
Animals | See zoning regulations | $50 |
Dog at large | ||
Dog license required | ||
Dog vaccination required | ||
Kennel licensing requirements | ||
Keeping of farm animals | ||
Keeping of non-traditional farm animals | ||
Driving through private property | Ord. 2007-02 | $100 |
Excessive fire alarms (3 or more in a 12-month period) | Ord. 2007-02 | $150 |
Littering | Ord. 2007-02 | $100 |
Obstruction of roads, sidewalks and the like | Ord. 2007-02 | $100 |
Off-road vehicle violations; operation | M.S. § 84.87 | $100 |
Open burning | $100 | |
Ban or air quality alert | § 92.07 | |
Permit holder responsibility | § 92.08 | |
Permit required | § 92.04 | |
Prohibited materials | M.S. § 88.171 | |
Noise | $100 | |
Animals | Ord. 2007-02 | |
Construction | Ord. 2007-02 | |
Loud noise prohibited | Ord. 2007-02, M.S. § 609.74 | |
Loudspeakers | Ord. 2007-02 | |
Motor vehicles | Ord. 2007-02 | |
Radios and the like | Ord. 2007-02 | |
Park violations; hours of operation | § 91.01 | $100 |
Parking violations | § 70.05 | $25 |
Public nuisances | $100 | |
Generally | Ord. 2007-02 | |
Weeds | Ord. 2007-02 | |
Sign violations | See zoning regulations | $100 |
General provisions | ||
Off-premise signs | ||
Permit required | ||
Prohibited signs | ||
Sign standards | ||
Temporary signs | ||
Snowmobile violations | $100 | |
Equipment | § 71.16 | |
Hours of operation | § 71.17 | |
Operation | § 71.15 | |
Prevention and permission | § 71.15 | |
Zoning and subdivision violations | $500 on the 31st day after notice of a violation; $100 per day for each day after 31st day | |
(Ord. 2009-15, passed 8-11-2009; Ord. 2017-02, passed 1-10-2017)