(A) Authority to issue compliance letters and administrative citations. Any employee or Enforcement Officer enumerated in § 10.20 or any duly authorized representative thereof is authorized to issue compliance letters and administrative citations for violations of the code.
(B) Compliance letter.
(1) Contents of compliance letter. If an Enforcement Officer determines that a code violation has occurred, the city shall issue a compliance letter. The compliance letter shall contain the following information:
(a) A legal description or address of the property on which the code violation has occurred;
(b) The nature of the violation, including a reference to the appropriate code section;
(c) A compliance deadline, providing a reasonable time for compliance based on the nature of the violation; and
(d) A statement that failure to correct the violation may result in the imposition of an administrative citation, including a civil penalty and stating the amount of the penalty as provided in the fee schedule.
(2) Service of compliance letter. The compliance letter may be served on the offender by certified mail, regular mail sent to the last known legal address, by personal service or by posting a copy in a conspicuous place in or about the building or property affected by the letter.
(3) Reasonable extensions. Following service of the compliance letter, the city shall attempt to work to resolve the violation, including, but not limited to, offering reasonable extensions for compliance.
(4) Exceptions to issuance of a compliance letter. For violations of any of the following sections, the city shall not be required to issue a compliance letter and may proceed directly to issuance of an administrative citation as provided in division (C) below.
(a) Repeat offender. If the same offender commits a subsequent violation within 12 months after a compliance letter has been issued for a same or similar offense.
(b) License violations. For any license violations, including, but not limited to, not having a license.
(g) Failure to follow a stop work order issued by the City Building Official.
(h) Emergency situations. When a condition exists that requires immediate action to protect the public health, safety and welfare.
(C) Administrative citation.
(1) Generally. Upon the failure to correct the violation specified in the compliance letter within the time frame established in the compliance letter or any extension thereof granted by the city, or for any offense for which a compliance letter is not required, the city may issue an administrative citation. The administrative citation shall be served by certified mail, regular mail or by personal service and shall contain the following information:
(a) A legal description or address of the property on which the code violation has occurred;
(b) Reference to the code that is alleged to be violated;
(c) The amount of the administrative civil penalty for the specific code violation, which shall be due and payable to the city within 30 calendar days of the date the citation is mailed or personally served;
(d) A statement that the violation must be corrected or a subsequent administrative or a criminal citation may be issued;
(e) A statement that the code violation and the amount of the administrative civil penalty may be contested to be heard before an independent hearing officer by notifying the City Clerk in writing within 10 calendar days after the citation was mailed or personally served; and
(f) A statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in M.S. Ch. 429, as it may be amended from time to time.
(2) Payment of penalty and correction of violation. If the offender pays the administrative civil penalty and corrects the code violation, no further action will be taken for that same violation.
(3) Payment of penalty without correction of violation. If the offender pays the administrative civil penalty but fails to correct the code violation, the city may issue a subsequent administrative citation, initiate criminal proceedings or initiate any other proceedings or remedies available in order to enforce connection of the City Code violation.
(4) No payment of penalty and no correction of violation. If the offender fails to pay the administrative civil penalty and fails to correct the code violation, the city may do any of the following, or any combination thereof:
(a) Assess the administrative civil penalty against the property pursuant to M.S. Ch. 429, as it may be amended from time to time;
(b) Issue a subsequent administrative citation, thereby commencing a new administrative penalty process;
(c) Initiate criminal proceedings; and/or
(d) Initiate other enforcement action authorized by law.
(5) Failure to pay an administrative citation for which the costs cannot be assessed shall be a misdemeanor.
(D) Contesting the administrative citation. An offender receiving an administrative citation may contest the alleged code violation and the amount of the administrative civil penalty. In order to contest any part of the administrative citation, the offender must notify the City Clerk in writing within 10 calendar days from the date the citation is mailed or personally served, stating that the offender contests the alleged violation, the amount of the penalty or both and pay a non-refundable filing fee as established by the City's Fee Schedule.
(1) Administrative citation hearing.
(a) Scheduling the hearing. After receipt of the written notice to contest the citation as provided in division (D) above, the City Clerk shall schedule a hearing before an independent Hearing Officer, which will be held within 60 calendar days, unless otherwise agreed to in writing by the parties. The City Clerk shall notify the owner of the date, time and location of the hearing.
(b) Independent Hearing Officer. An independent Hearing Officer from the Office of Administrative Law Judges shall preside over the administrative citation hearing.
(c) Conduct of the administrative citation hearing.
1. At the hearing, both parties may be represented by counsel, shall have the opportunity to present testimony, shall be able to call and question witnesses and introduce exhibits; however, strict rules of evidence shall not apply.
2. The Hearing Officer shall receive and give weight to the evidence, including hearsay evidence.
3. The hearing shall be recorded and the city shall maintain a full record of the proceedings according to its data retention schedule.
4. Authority of Hearing Officer. The independent Hearing Officer has the authority to do any of the following, or a combination thereof:
a. Make a finding that a violation has occurred;
b. Reduce, stay or waive a scheduled administrative civil penalty either unconditionally or upon compliance with reasonable conditions;
c. Require compliance with the City Code within a specified time frame; and/or
d. Make a finding that no violation has occurred and dismiss the administrative citation.
(d) Decision and order.
1. The Hearing Officer may announce a decision at the conclusion of the hearing or may take the matter under advisement.
2. The Hearing Officer shall issue a decision in the form of an order and shall serve a written copy of the order upon the parties no later than 30 calendar days after the hearing.
3. Any administrative civil penalty that the independent Hearing Officer imposes must be paid to the city within the time frame established in the order. If no date is specified, it must be paid within 30 days of the Hearing Officer's order.
4. If the administrative civil penalty is not paid, the city may assess the civil penalty against the owner's property pursuant to M.S. Ch. 429, as it may be amended from time to time.
5. If the Hearing Officer determines that no violation occurred, then the city may not proceed with criminal prosecution for the same act or conduct.
(e) Finding of violation. If the violation is upheld, then the offender must reimburse the city for the cost of the hearing, not to exceed the amount established in the City's Fee Schedule.
(f) Failure to appear. Failure to appear at the hearing shall result in a default judgment against the party who fails to appear. If the offender fails to appear, the administrative citation shall be sustained and the fee for the cost of the hearing shall be imposed. If the city fails to appear, the administrative citation shall be dismissed and the city shall refund the filing fee.
(2) Appeal. The Hearing Officer's decision is final and may only be appealed to the Minnesota Court of Appeals.
(E) Schedule of administrative civil penalties.
(1) The city shall adopt a fee schedule of administrative civil penalties for City Code violations by resolution.
(2) The maximum amount of an administrative civil penalty may not exceed twice the maximum fine authorized by state law for misdemeanor offenses or the maximum fine authorized by state law for an administrative process.
(Ord. 733, passed 1-8-2024)