(A) It shall be an unlawful practice for any person, group, organization, business or city department to prevent, delay or interfere with the Board of Review, or any of its agents, while engaging in and about the community.
(B) All persons found to be in violation of any of the provisions of this chapter shall be subject to the following.
(1) Violations. Every act or omission constituting a violation of any of the provisions of this chapter by a person shall be deemed and held to be the act or omission of that person and/or the property owner. Both the person committing the violation and/or the property owner shall be subject to the administrative penalties as set forth in this chapter and punishable in the same manner.
(2) Notice.
(a) The Enforcement Officer, or persons acting in an official capacity on its behalf, shall, upon determining that there has been a violation, notify the violator. Furthermore, the Enforcement Officer shall be granted discretionary authority to extend the time frame for correction when circumstances warrant.
(b) The notice shall set forth the nature, date and time of violation, the name of the official issuing the notice, time frame for correction of the violation, administrative penalty for failure to correct the problem in the time period specified and the process for filing an appeal to the Board of Review.
(c) Once a notice has been issued and the time frame for correction of the violation has passed, the offense shall be deemed as recurring until such time that the violation deems to be corrected fully and completely and no further notice shall be required.
(3) Appeals.
(a) Any person contesting a notice pursuant to this section shall, within ten days of the time of issuance of the notice, request a hearing by the Board of Review who shall forthwith conduct an informal hearing to determine if a violation has occurred and/or request an exception to the terms granted by the Enforcement Officer.
(b) The Board of Review shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the Board of Review, the violator shall pay the penalty imposed.
(c) Upon issuance of the Board of Review’s hearing determination, any person who wishes to contest the determination shall be afforded the right to appeal the decision to the City Commission, within ten days of the determination.
(d) The City Commission shall forthwith conduct an informal hearing to determine if a violation has occurred. The City Commission shall have authority to uphold and/or modify the Board of Review’s hearing determination.
(e) If a person is found to have not committed the administrative offense by the Board of Review and/or the City Commission, no such charge may be brought by the Enforcement Officer for the same violation, unless conditions have worsened.
(4) Administrative penalties.
(a) Once the notice is given, the alleged violator shall, within the time frame specified on the notice, correct the violation. Should the alleged violator fail to correct the problem as specified, the administrative penalty shall be assessed. Administrative penalties shall be set annually by the City Commission per the fee schedule, as amended by the City Commission from time to time.
(b) Upon assessment of the administrative penalty, the payment must be received by the city within ten days before late fees are applied.
(c) The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. Administrative penalties shall be set by the City Commission annually per the fee schedule, as amended by the City Commission from time to time.
(5) Late payment penalty.
(a) Late payment penalties shall begin on the day immediately following the date set forth in the notice to have the violation corrected and shall continue to accrue each day thereafter. Late payment penalties shall be set annually by the City Commission per the fee schedule, as amended by the City Commission from time to time.
(b) In the event a party charged with an administrative offense fails to pay the penalty, the administrative and late payment penalties may be applied to the property owner’s taxes in the manner specified by law.
(6) Recovery of administrative costs.
(a) The owner of the premises, where an administrative offense violation has been issued by the enforcement officer, shall be personally liable for the cost of the city for inspection of the property and administrative costs as allowed per M.S. § 429.101, as it may be amended from time to time.
(b) City staff shall prepare a bill for the cost and mail it to the owner. The amount shall be immediately due and payable to the city. If the penalty and/or administrative cost is unpaid, the City Administrator shall, on or before September 1, list the total unpaid charges along with all other charges, as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable.
(c) The City Commission may then spread the charges against the property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year, or in annual installments not exceeding ten, as the City Commission may determine in each case.
(7) Disposition of penalties. All penalties collected pursuant to this chapter shall be paid to the city, and may be deposited in the city’s General Fund.
(8) Failure to comply. If a violation requires ordinance compliance with a set period of time and the compliance does not occur by the deadline specified, the city may initiate an abatement process and/or charge the party with a petty misdemeanor or misdemeanor.
(9) Subsequent offenses. In the event a party is charged with a subsequent administrative offense within an 18-month period for the same or substantially the similar offense, the subsequent administrative penalty shall be increased by 100% above the previous administrative penalty. The city shall only increase the penalty twice within this period.
(Ord. 113, passed 3-11-2014) Penalty, see § 10.99