(A) Purpose. The City Council finds that there is a need for alternative methods of enforcing this code. 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 code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement shall be in addition to any other legal remedy which may be pursued for code violations.
(Prior Code, § 104.01)
(B) General provisions. The City Clerk is given authority to determine whether an administrative offence has occurred and whether an administrative citation is to be issued.
(1) An administrative offence may be subject to civil penalty not exceeding $2,000.
(2) The City Council must adopt by ordinance a schedule of fines for offenses initiated by administrative citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review.
(3) The City Council must adopt procedures for administering the administrative citation program.
(Prior Code, § 104.02)
(C) Administrative citation.
(1) The City Clerk or the City Clerk's designee may issue an administrative citation upon belief that a violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation. The citation must state the date, time, and nature of the offense, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation.
(2) The following city individuals may issue citation in lieu of arrest for violation of this code. Areas of jurisdiction will be contained in city policy as set forth in resolution form by the City Council:
(a) Zoning Administrator; and
(b) Building Inspector.
(3) The person responsible for the violation must either pay the scheduled fine or request a hearing within 10 days after issuance, with a hearing held by the City Council at its next scheduled meeting. Payment of the fine constitutes admission of the violation. A late payment fee of 10% of the scheduled fine amount shall be imposed in accordance with division (F) of this section.
(Prior Code, § 104.03)
(D) Administrative review. An aggrieved party may obtain administrative review of the decision.
(Prior Code, § 104.04)
(E) Judicial review. An aggrieved party may obtain judicial review of the decision of the City Council in accordance with state law.
(Prior Code, § 104.05)
(F) Recovery of civil penalties.
(1) If a civil penalty is not paid within the time specified, it shall constitute:
(a) A lien upon the real property upon which the violation occurred if the property or improvement on the property was the subject of the violation and the property owner was found responsible for the violation; or
(b) A personal obligation of the violator in all other situations.
(2) A lien may be assessed against the property and collected in the same manner as taxes.
(3) A personal obligation may be collected by any appropriate legal means.
(4) A late payment fee of 10% of the fine must be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date.
(5) Failure to pay a fine is grounds for suspending or revoking a permit associated with the violation.
(Prior Code, § 104.06)
(G) Criminal penalties. The following are misdemeanors, punishable in accordance with the state law: Failure to pay a fine imposed by the City Council within 30 days after it was imposed, or such other time as may be established by the City Council.
(Prior Code, § 104.07)