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(A) Any licensed peace officer of the city’s Police Department, or the County Sheriff, or any Deputy Sheriff shall have the authority to enforce any provision of this code.
(B) As permitted by M.S. § 626.862, as it may be amended from time to time, the City Clerk/Treasurer shall have the authority to administer and enforce this code. In addition, under that statutory authority, certain individuals designated within the code or by the Clerk/Treasurer or City Council shall have the authority to administer and enforce the provisions specified. All and any person or persons designated may issue a citation in lieu of arrest or continued detention to enforce any provision of the code.
(C) The City Clerk/Treasurer and any city official or employee designated by this code who has the responsibility to perform a duty under this code may, with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code.
(D) If the licensee, owner, resident, or other person in control of a premises objects to the inspection of or entrance to the property, the City Clerk/Treasurer, peace officer, or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety, and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.
(E) Every licensee, owner, resident, or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the City Clerk/Treasurer or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the health, safety, and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses, or city service to the property. Mailed notice shall be given to the licensee, owner, resident, or other person in control of the property, stating the grounds for the termination, and the licensee, owner, resident, or other person in control of the property shall be given an opportunity to appear before the City Clerk/Treasurer to object to the termination before it occurs, subject to appeal of the Clerk/Treasurer’s decision to the City Council at a regularly scheduled or special meeting.
(F) Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety, and welfare.
(A) Purpose and intent.
(1) Administrative offense procedures established pursuant to 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 on the part of certain provisions of this code of ordinances. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses.
(2) At any time prior to the payments of the administrative penalty as is provided for thereafter, the individual may withdraw from participation in the procedures, in which event the city may bring criminal charges in according to law. Likewise, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance.
(3) In the event a party participates in the administrative offense procedures, but does not pay the monetary penalty, which may be imposed, the city will seek to collect the cost of administrative offense procedures as part of a subsequent criminal sentence, in the event the party is charged and is adjudicated guilty of the crime violation.
(Prior Code, § 1601.010)
(B) Administrative offense defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE OFFENSE. A violation of a provision of this code of ordinances and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in division (J) below, entitled “offenses and penalties”, hereinafter.
(Prior Code, § 1601.020)
(C) Notice.
(1) Any officer of the City Police Department or any other person employed by the city, authorized in writing by the Mayor of the city, and having authority to enforce this code of ordinances, shall, upon determining that there has been a violation, notify the violator, or the case of a vehicular violation, attach to the vehicle a notice of the violation.
(2) Said notice shall set forth the nature, date, and time of the violation, the name of the official issuing the notice, and the amount of the scheduled penalty.
(Prior Code, § 1601.030)
(D) Payment.
(1) Once such notice is given, the alleged violator may, within 15 days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request a hearing in writing, as is provided for hereinafter.
(2) The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation.
(Prior Code, § 1601.040)
(E) Hearing.
(1) Any person contesting an administrative offense pursuant to this division (E) may, within seven days of the time of issuance of the notice, request a hearing by a Hearing Officer who shall forthwith conduct an informal hearing to determine if a violation has occurred.
(2) The Hearing Officer shall have the authority to dismiss the violation or reduce or waive the penalty imposed within seven days.
(Prior Code, § 1601.050)
(F) Hearing Officer. The Mayor shall designate in writing a Hearing Officer. The Hearing Officer is authorized to hear and determine any controversy relating to administrative offenses provided for in the section and may be compensated by the city for such hearings and related findings.
(Prior Code, § 1601.060)
(G) Failure to pay.
(1) In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes.
(2) 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.
(Prior Code, § 1601.070)
(H) Disposition of penalties. All penalties collected pursuant to this section shall be paid to the city and deposited in the General Fund.
(Prior Code, § 1601.080)
(I) Offenses and penalties. Offenses which may be charged as administrative offenses and the penalties for such offenses shall be established by resolution of the City Council from time to time. Copies of such resolution shall be maintained in the office of the City Clerk/Treasurer.
(Prior Code, § 1601.090)
(J) Offenses and penalties. Offenses and penalties shall be in an amount set by the City Council from time to time.
(Res. 2012-3, passed 1-11-2012)
(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 misdemeanor. The penalty which may be imposed for any crime which is a misdemeanor under this code, including state statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not more than $1,000, or both.
(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 § 10.98, if any person, firm, or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation.
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 criminal 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 Council, the 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 Council.
If you pay the administrative penalty, the city will not initiate criminal proceedings for this alleged violation. However, the Council, or any city official designated by it, may institute appropriate proceedings 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 Treasurer.
Signed:
(Name and Title of Person Giving Notice)