(A) Purpose. The City Council finds that there is a need for alternative methods of enforcing this City Code. While criminal penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused involved, and the delay inherent in that system does not ensure prompt resolution. Additionally, the City Council finds that there is a need for alternative methods of enforcing nuisance offenses because they are prone to occur repeatedly. Chronic nuisance offenses are a financial and resource burden to the city as a result of repeated calls to ameliorate those conditions. Accordingly, the City Council finds that the use of this administrative procedure and of administrative citations is a legitimate and alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued under this City Code.
(B) General provisions.
(1) Administrative citations and civil penalties. The City Council may, by resolution or ordinance, establish a schedule of civil penalties for administrative violations. Civil penalties shall be imposed according to the schedule adopted by the City Council. The City Council may also adopt a schedule of fees to be paid to administrative hearing officers.
(2) General civil penalty structure. As identified throughout the City Code, violations of certain provisions of the City Code may be considered administrative offenses that may be subject to this administrative procedure and administrative citations and civil penalties. Administrative offenses, except for those identified in the following division, are subject to the non-graduated civil penalty structure established by the City Council.
(3) Graduated civil penalty structure. The City Council finds violations of Chapter 94 of this City Code are administrative offenses that are more prone to repeat violations. These administrative offenses are subject to the graduated civil penalty structure established by the City Council based on the number of offense occurrences within a rolling 12-month period. A prior offense occurrence is counted for penalty purposes if the prior offense was a violation of the same provision of the City Code as the current offense occurrence. If a prior administrative offense was dismissed or the offense occurrence was based on a violation of a different provision of the City Code, it will not count toward the number of offense occurrences.
(4) Each day a violation exists constitutes a separate offense. The city may elect to pursue either the administrative offense or the applicable criminal offense, but not both, for the same offense.
(5) The City Administrator may adopt procedures for administering the administrative citation program.
(C) Administrative citation.
(1) A person authorized to enforce the provisions of this City Code which constitute an administrative offense may issue an administrative citation upon belief that an offense has occurred. The citation must be issued in person or by mail to the person responsible for the offense. 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.
(2) The person responsible for the offense must either pay the scheduled fine or submit a written request for an appeal to the City Administrator within seven calendar days after issuance. Payment of the fine constitutes admission of the offense. A late payment fee of 10% of the scheduled fine amount may be imposed under division (F) of this section.
(D) Administrative review hearing process.
(1) City Administrator review.
(a) Upon receipt of an accused’s written request for an appeal, the City Administrator will contact the accused and set a time to discuss the offense. The City Administrator will also contact the officer who issued the citation and set a separate time to discuss the offense. After meeting with the accused and the officer, the City Administrator has the authority to determine that an offense occurred, to dismiss a citation, to impose the scheduled fine, and/or to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. The City Administrator will not issue verbal findings of his or her determination on an administrative citation during a meeting with either the accused or the officer but, instead, will issue written findings of his or her determination following such meetings.
(b) The failure to attend the meeting with the City Administrator constitutes a waiver of the accused’s rights to an appeal and an admission of the offense. The City Administrator may waive this result upon good cause shown. Examples of good cause are death or incapacitating illness of the accused or a court order requiring the accused to appear for another hearing at the same time. Good cause does not include forgetfulness and intentional delay. The City Administrator may exercise discretion to impose a fine for more than one day of continuing offense but only upon a finding that: (i) the offenses caused a serious threat of harm to the public health, safety, or welfare; or that (ii) the accused intentionally and unreasonably refused to comply with the City Code requirements.
(c) If the accused would like to appeal the decision of the City Administrator, the person must submit a written request for a hearing to the City Administrator within seven calendar days after the issuance of the City Administrator’s opinion. If no appeal is made, the accused must pay the scheduled fine within seven calendar days after the issuance of the City Administrator’s opinion.
(2) Hearing Board review.
(a) The city will compile a three person Hearing Board to hear appeals of the decisions of the City Administrator. The Hearing Board will consist of two City Council members and one citizen appointee. The accused will have the right to request no later than five calendar days before the date of the hearing that an assigned hearing officer be removed from the appeal. One request for each case will be granted automatically by the City Administrator. A subsequent request must be directed to the assigned Hearing Officer who will decide whether he or she cannot fairly or objectively review the case. The City Administrator may remove a Hearing Officer only by requesting that the assigned Hearing Officer find that he or she cannot fairly and objectively review the case. If such a finding is made, the Hearing Officer shall remove himself or herself from the case, and the City Administrator will assign another Hearing Officer. The Hearing Officers are not judicial officers but are public officers as defined by M.S. §609.415, as may be amended from time to time. The Hearing Officers may not be city employees.
(b) Notice of the hearing must be served in person or by mail on the accused at least ten calendar days in advance unless a shorter time is accepted by all parties. Notice need not be provided by certified mail.
(c) At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. Each party is responsible for providing its own documents and witnesses to argue its position. The Hearing Board must record the hearing and receive testimony and exhibits. The Hearing Board 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.
(d) The Hearing Board has the authority to determine that an offense occurred, to dismiss a citation, to impose the scheduled fine, and/or to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. The Hearing Board may exercise discretion to impose a fine for more than one day of continuing offense but only upon a finding that: (i) the offenses caused a serious threat of harm to the public health, safety, or welfare; or that (ii) the accused intentionally and unreasonably refused to comply with the City Code requirements. The Hearing Board’s decision and supporting reasons must be in writing and will be made by a majority vote of the Hearing Officers.
(e) The failure to attend the hearing constitutes a waiver of the accused’s rights to an administrative hearing and an admission of the offense. A Hearing Board may waive this result upon good cause shown. Examples of good cause are death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the notice of the hearing. Good cause does not include forgetfulness and intentional delay.
(E) Judicial review. An accused may obtain judicial review of the decision of the Hearing Board by filing a written appeal setting forth the party’s grounds for the appeal to the Clay County District Court within 30 calendar days of the date of the order of the Hearing Board. The Clerk of District Court will notify the city of any such appeal, and the city shall file with the Court all exhibits and the recording of the hearing before the Hearing Board. The Court will review such record, and either uphold, reverse, or modify the order of the Hearing Board, or, if the Court feels the record is insufficient, or desires to hear arguments on the appeal, may schedule a new evidentiary hearing on the matter, or arguments on the record, or both. The Court, unless it schedules an evidentiary hearing, will uphold the order of the Hearing Board unless the Court determines that the order was clearly erroneous or the civil penalty imposed is clearly excessive.
(F) Recovery of civil penalties.
(1) If a civil penalty is not paid within the time specified, it will constitute:
(a) A lien on the real property upon which the offense occurred if the property or improvements on the property were the subject of the offense and the property owner was found responsible for that offense; or
(b) A personal obligation of the offender in all other situations.
(2) A lien may be assessed against the property and collected in the same manner as taxes.
(3) A personal obligation may be collected by appropriate legal means.
(4) A late payment fee of 10% of the fine may be assessed for each 30 calendar day period, or part thereof, that the fine remains unpaid after the due date.
(5) The city may request the District Court, after a hearing, to hold the offender in contempt of court for not paying the fine, and the court may impose any such additional penalties that the Court could impose for not paying a fine for a criminal sentence imposed by the District Court.
(G) Double jeopardy. If the final adjudication in the administrative procedure is a finding of no offense, then the city may not prosecute a criminal violation in District Court based on the same set of facts. This does not preclude the city from pursuing a criminal conviction for a violation of the same provision based on a different set of facts.
(Ord. 21-08, passed 11-8-2021; Am. Ord. 22-06, passed 9-26-2022)