(A) Purpose. The City Council has determined that there is a need for alternative methods of enforcing the city codes. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the City Council finds the use of administrative citations and the imposition of civil penalties is legitimate and a necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for city code violations.
(B) Alternative methods of enforcement. This administrative enforcement procedure seeks to gain compliance with certain provisions of the city code and serves as an alternate to any formal criminal or civil court action. The administrative hearing process provided for in this section shall be in addition to any other legal or equitable remedy available to the city for city code violations, except that if a determination is made by the hearing officer pursuant to the hearing process detailed in this section that a violation did not occur, the city may not then proceed with criminal prosecution of the same act or conduct.
(C) Authority to issue order to correct letters and administrative citations. The following city employees and agents are authorized to issue compliance letters and administrative citations for violations of the city code: City Clerk-Treasurer or City Planner.
(D) Administrative offenses; schedules of fines and fees.
(1) Except as noted herein, a violation of any provision of the city code is an administrative offense which may be subject to an administrative citation and civil penalties pursuant to this subchapter, but only if such violation is specifically mentioned in a fine schedule adopted by City Council. Each scheduled violation shall already be a violation of city code. If the violation is listed in said fine schedule, the fine is simply another remedy available to the city, but the city may choose to enforce the violation by other means in lieu of an administrative fine. Each day a violation exists constitutes a separate offense. The following offenses shall not be subject to administrative citation: Traffic offenses under M.S. Chapter 169, as it may be amended from time to time.
(2) An administrative offense may be subject to a civil penalty not exceeding $2,000.
(3) The City Council shall adopt by resolution a schedule of recommended fines for offenses initiated by administrative citation. The City Council is not bound by that schedule when a matter is appealed for administrative review.
(4) The City Council may adopt a schedule of fees to be paid to administrative hearing officers.
(5) The City Council shall adopt written procedures for administering the administrative citation program.
(E) Order to correct; administrative citations. Upon the reasonable belief that an administrative offense has occurred, the city officials listed in division (C) above shall serve on the violator an order to correct the violation. If compliance is not achieved within the timeline prescribed in the order to correct the violation, the official is authorized to issue an administrative citation. An administrative citation shall be presented in person or by first class mail to the person responsible for the violation. Service shall be deemed complete upon depositing the citation in the United States Mail, properly addressed to last known address of the person to be served and postage prepaid. The citation shall state the following: date, time, and nature of the offense, citing the relevant portion of the city code that was allegedly violated, the amount of the scheduled civil fine, and the manner for paying the fine, a statement that the city code violation and the amount of the administrative penalty may be contested to be heard before an independent hearing officer by notifying the City Administrator or designated representative in writing within ten days of the date of the citation, and a statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in M.S. Chapter 429, as it may be amended from time to time.
(F) Exceptions to issuance of order to correct letter. For violations of the following, the city shall not be required to issue a compliance letter and may proceed directly to the issuance of an administrative citation as provided in division (E) above: If the same owner commits a subsequent violation within 12 months after a compliance letter has been issued for the same or similar offense.
(G) Reasonable extensions. Following service of the compliance letter, the city shall attempt to work with the owner to resolve the violation, including, but not limited to, responding to reasonable extensions for compliance.
(H) Payment of penalty and correction of violation. If the owner pays the administrative civil penalty and corrects the city code violation, no further action will be taken against the owner or the owner’s real property for that same violation. If payment is made but correction is not accomplished, a subsequent administrative citation may be issued, criminal proceedings may be initiated, or any other proceedings or remedies available in order to enforce correction of the violation. If no payment is made, no correction of the violation is made, and no request for hearing is made in accordance herein, the city may assess the administrative civil penalty against the property owner pursuant to M.S. Chapter 429, as it may be amended from time to time, issue a subsequent administrative citation, and commence a new administrative process, initiate criminal proceedings, or initiate other enforcement action authorized by law or a combination hereof.
(Ord. O-18-13, passed 6-11-2018)