(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 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 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 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, 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. 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 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 to object to the termination before it occurs, subject to appeal of the Clerk’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.
(G) Administrative enforcement of city code.
(1) Findings and Purpose. The purpose of this division for the city code is to establish a procedure for administrative enforcement of violations of this code. The City Council finds that criminal or civil legal action is not an appropriate remedy for certain violations of this 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 code provisions.
(2) General provisions.
(a) A violation of any provision of this code, other than a traffic offense, is an administrative offense subject to a citation and civil penalties pursuant to this division.
(b) Each day a violation exists constitutes a separate offense.
(c) Each administrative 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.
(d) Civil penalties may be doubled for repeat violations that occur within a 12 month period.
(e) The City Administrator or designee is authorized to promulgate rules and forms to facilitate the execution of this division.
(f) In its sole discretion, the city may elect to pursue criminal charges, civil action, or other remedies allowed under the city code or otherwise by laws for conduct also covered by this division.
(3) Administrative citation.
(a) Individuals authorized to enforce the city code. The following individuals may issue administrative citations on behalf of the city:
1. Any Officer of the Police Department;
2. City Administrator; or
3. Any other employee or agent of the city designated in writing by the City Administrator.
(b) Notice of violation. Upon determining that a violation of city code has occurred, any individual authorized under this division may give written 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.
(4) Payment or hearing request required. For violations other than violations of the city's Zoning and Subdivision Codes, within ten 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. For violations of the Zoning or 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.
(5) Administrative hearing.
(a) Any person contesting an administrative citation pursuant to this division 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 City Administrator and received at City Hall within ten 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.
(b) The city will determine the hearing date. The hearing shall be conducted within 60 days from the date the request is received.
(c) The City Council shall conduct an informal hearing during an open meeting of the Council consisting of a quorum of Council members to determine, by a preponderance of the evidence, whether a violation has occurred by the cited person. Any person contesting a citation shall have the right to address the Council during this hearing and to present any relevant and credible evidence to the Council. The Council, by majority vote, shall have authority to sustain or dismiss the violation on the basis of the record established at the hearing and, if sustained, reduce, or waive the civil penalty.
(d) The civil penalty must be paid within seven days of the hearing decision.
(6) Hearing body. The hearing shall be before a quorum of City Council at an open meeting of the Council. The City Council is authorized to hear and decide any controversy relating to administrative offenses covered by this division.
(7) Payment of civil penalty.
(a) Except for violations of the Zoning and Subdivision Codes, the civil penalty must be paid within ten days of issuance of an administrative citation, or seven days of the Hearing Officer's decision. A 10% late fee will be added beginning on the eleventh 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.
(b) 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.
(c) 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.
(d) If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no such criminal charge may be brought by the city for the same violation.
(e) 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.
(8) Disposition of penalties. All civil penalties and late fees shall be paid to the city and deposited into the general fund.
(Am. Ord. 343, passed 10-6-2021)