(A) Prohibited acts. No person shall do any of the following:
(1) Violate, fail to comply with, or assist, authorize or permit the violation of any provision of the Lake St. Croix Beach City Code.
(2) Violate, fail to comply with, or assist, authorize, or permit the violation of the terms and conditions of any city approval, including permits and licenses, required and granted pursuant to the City Code.
(3) Knowingly make or submit any false statement, document, or material omission in connection with any application or procedure required by the City Code.
(B) Construction regarding employees. No section or part of the City Code designating the duties of any official, employee, or appointee of the city shall be construed to make that person liable for the penalties provided below.
(C) Misdemeanor. Any person who violates division (A) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000, or by imprisonment for a period not to exceed 90 days, or both; provided, however, that if a different punishment be prescribed in the City Code, such provision shall govern the punishment for that violation.
(D) Petty misdemeanor. Specific mention of a violation of any of the provisions of the City Code as being a petty misdemeanor shall mean that, upon conviction, the sentence of a fine of not more than $100 may be imposed. In the absence of the designation of a “petty misdemeanor” in connection with any violation, such violation shall be a misdemeanor as set forth in division (C) of this section.
(E) Continued violation. Each calendar day that division (A) of th is section is violated shall constitute a separate offense.
(F) Application denial; permit revocation. Any violation of division (A) of this section shall constitute sufficient grounds for denial of any application required by this code or revocation of a permit which is related to the violation.
(G) City may void approval, license or permit. Any action prohibited by division (A) of this section shall, at the option of the city, void any applicable city approval, permit or license previously given.
(H) Abatement of violation. The city attorney may institute any lawful action or proceeding in the name of the City of Lake St. Croix Beach to prevent, restrain, remedy or abate any violation of division (A) of this section.
(I) Penalties cumulative. Nothing in this chapter shall prevent the city from taking such other actions as are permitted under law, and the penalties provided here shall be cumulative.
(J) Application. Divisions (K) through (M) of this section shall govern administrative citations and civil penalties for violations of the City Code.
(K) Administrative citations and alternative enforcement methods.
(1) The city council finds that there is a need for alternate methods of enforcing the City 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 some administrative violations. The criminal process does not always regard City 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 City Code violations.
(2) The administrative offense procedures established pursuant to this chapter are intended to provide the public and the city with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with the administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures, in which event the city may bring criminal charges in accordance with law. Likewise, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first or succeeding instances.
(L) Administrative citation procedure.
(1) A violation of any provision of the City Code or the acts prohibited in division (A) of this section, is an administrative offense which may be subject to an administrative citation and civil penalties pursuant to this chapter. Each day a violation exists constitutes a separate offense.
(2) Any officer of the Washington County Sheriff’s Office or any other person appointed by the city, authorized in writing by the city administrator shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. The notice shall set forth the nature, date and time of violation, the name of the official issuing the notice, and the amount of the scheduled penalty.
(3) Once such notice is given, the alleged violator may, within seven days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation as adopted by the city council resolution from time to time, or may request a hearing in writing, as is provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation.
(4) Any person contesting an administrative offense pursuant to this chapter may, within seven days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has occurred.
(5) A person designated in writing by the city administrator shall be the hearing officer. The Administrator, in his/her discretion, may refer the matter to the City Council for public hearing, to act as the hearing officer. The designated hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this chapter.
(6) The violator shall have the right to be represented by counsel, the right to respond to the charged violations, and the right to present evidence through witnesses. The rules of evidence do not apply to the hearing and the hearing officer may rely on all evidence it determines to be reasonably credible. The determination to uphold or dismiss the violation shall be made upon a preponderance of the evidence.
(7) The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed within seven days or withdraw from participation in the administrative procedure by notice in writing.
(M) 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 improvements on the property was the subject of the violation and the property owner was found responsible for that 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 to ten percent of the fine shall 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 license or permit or other approval associated with the violation.
(N) Criminal penalties. The following are misdemeanors, punishable in accordance with state law.
(1) Failure to pay a fine or request a hearing within seven days after issuance of an administrative citation.
(2) Failure to appear at a hearing which was scheduled.
(3) Failure to pay a fine imposed by a hearing officer within seven days after it was imposed, or such other time as may be established by the hearing officer.
(O) Collection of fees.
(1) Except as otherwise prohibited by State Statute, the City of Lake St. Croix Beach City Code, or other governing law, no permit or license shall be issued by the City of Lake St. Croix Beach unless payment has been received for:
(a) Previous permits issued under City Code;
(b) Previous licenses issued pursuant to the City Code;
(c) Delinquent property taxes;
(d) Delinquent special assessments;
(e) Penalties;
(f) Interest; and
(g) Municipal utility fees.
(2) Upon receipt of an application, and prior to issuing a permit, the City Clerk shall review City records to ensure that there are no outstanding balances. The review shall include:
(a) The subject property and/or any adjacent properties under common ownership; and
(b) The resident and/or members of the resident’s immediate family residing in the same dwelling as the resident.
(Ord. 2013-164A, passed 3-17-2014)