(A) Administrative citations and civil penalties. This section governs administrative citations and civil penalties for violations of the city code.
(Prior Code, § 13.01)
(B) Violation. The city code provides that any person, firm, corporation or other group found to be in violation of any ordinance or law of the city, as defined in this section, shall be deemed to be guilty of a misdemeanor. Every day any violation of the municipal code or any other ordinance continues shall
constitute a separate offense. Any condition caused or permitted to exist in violation of the code or any ordinance is deemed to be a public nuisance and may be summarily abated as such.
(Prior Code, § 13.02)
(C) Applicability of ordinance. The administrative enforcement program shall apply only to the following provisions of the municipal code:
Code Section | Regulations |
Code Section | Regulations |
Animals and fowl | |
Building regulations | |
Nuisances | |
§ 91.02 | Open burning of leaves |
§ 72.02 | Parking regulations |
§ 72.04 | |
§ 72.09 | |
§ 72.10 | |
§ 72.12 | |
§ 72.17 | |
§ 72.18 | |
§ 72.20 | |
§§ 91.40, 91.41 | Shade tree disease and prevention |
Ch. 152 | Streets and sidewalks |
§ 130.01 | Unlawful deposit of garbage, litter and the like |
Ch. 153 | Zoning regulations |
(Prior Code, § 13.03)
(D) General provisions.
(1) Administrative offense. A violation of any provision of the city code noted in division (C) above is an administrative offense that may be subject to an administrative citation and civil penalties. Each day a violation exists shall constitute a separate offense.
(2) Code Compliance Officer. The City Administrator shall designate a city employee to act as the Code Compliance Officer.
(3) Exemption. Alcohol and tobacco license violations are not subject to administrative citation under this section.
(4) Civil penalty. Any violation for which an administrative citation shall be issued pursuant to this section may be subject to a civil penalty not to exceed the maximum penalty for a misdemeanor violation under state law.
(5) Schedule of fines and fees. The standard fine for a violation under this section shall be $75 per offense per day, plus $50 assessment of costs. The City Council shall annually review the schedule of fines and fees and may amend or modify by resolution the schedule of fines and fees for offenses initiated by administrative citation.
(Prior Code, § 13.04)
(E) Administrative citation procedures.
(1) Notice of violation.
(a) Upon the discovery of a violation, the Code Compliance Officer shall issue an administrative citation to the person alleged to be responsible for the violation. The citation shall state the date, time and nature of the alleged offense, the actions required to correct the alleged offense, the name of the issuing Code Compliance Officer, the amount of the scheduled fine and the manner for paying the fine or appealing the citation.
(b) The city shall deliver the administrative citation to the person alleged to be responsible for the violation in person, by certified mail or it shall be served by authorized representatives of the Sheriff’s office. In the case of an offense under Ch. 72 of this code of ordinances, the administrative citation may be attached to the motor vehicle.
(c) The person alleged to be responsible for the violation shall have ten calendar days to correct the alleged violation after issuance of the administrative citation. This division (E)(1)(c) shall not apply to violations under Ch. 72 of this code of ordinances.
(d) If the person alleged to be responsible for the violation is making a good faith attempt to remedy the violation, the Code Compliance Officer may, in his or her sole discretion, grant an extension to the time allowed to correct the alleged violation, the length of which must be stated in writing by the Code Compliance Officer. The Code Compliance Officer shall promptly inform the person alleged to be responsible for the violation of any time extension. This division (E)(1)(d) shall not apply to violations under Ch. 72 of this code of ordinances.
(e) If the person alleged to be responsible for the violation fails to correct the violation within the time period provided in the administrative citation, or in any extension granted thereto, the Code Compliance Officer shall issue a fine. The Code Compliance Officer must issue the notice of fine resulting from the administrative citation to the person alleged to be responsible for the violation in
person, by certified mail or it shall be served by authorized representatives of the Sheriff’s office. In the case of a violation under Ch. 72 of this code of ordinances, the notice of fine may be attached directly to the vehicle.
(2) Payment. The person alleged to be responsible for the violation must pay the scheduled fine within 15 calendar days after issuance of the notice of fine. Penalties for failure to correct the violation or late payment of the fine may be imposed as set forth in division (D)(5) above. The Code Compliance Officer may issue additional citations for each day the violation continues to exist after the date on which the administrative citation is issued. Payment of the fine associated with an administrative citation does not relieve the person responsible for the violation from acting to correct the violation.
(3) Abatement. In addition, the City Council may order the violation to be abated and all fines, costs and other expenses associated with the alleged violation shall be charged to the person alleged to be responsible for the violation or to the real property owned by the person alleged to be responsible for the violation on which the alleged violation has occurred. In cases where the person alleged to be responsible for the violation does not own property, the city shall file suit seeking judicial relief to collect the fine, associated penalties and costs.
(Prior Code, § 13.05)
(F) Administrative hearing.
(1) General.
(a) The administrative hearing provides due process of the law to any person who is issued an administrative citation. Due process of law provides that the person alleged to be responsible for the violation shall be given adequate notice, an opportunity to participate in a hearing and adequate explanation of the reasons justifying the administrative citation.
(b) The person alleged to be responsible for the violation must make a request for the administrative hearing within 15 days after the date on which the city issued the fine associated with the administrative citation. All requests for an administrative hearing must be made in writing to the attention of the Code Compliance Officer.
(2) Administrative Hearing Officer. The City Council shall appoint an Administrative Hearing Officer, who shall act as the hearing officer for the administrative hearing. The Administrative Hearing Officer shall be an attorney licensed to practice in the state. The Administrative Hearing Officer shall be appointed for a term of two years beginning on January 1 of each odd-numbered year.
(3) Notice of hearing. At least ten calendar days prior to the scheduled administrative hearing, written notice delivered by mail shall be provided to the person alleged to be responsible for the violation regarding the time, date and location of the administrative hearing.
(4) File transmittal.
(a) Upon receipt of any request for an administrative hearing, the Code Compliance Officer shall compile a summary report detailing the facts in support of any determination that the alleged offense constitutes a violation. The summary report will include:
1. Copy of the citation issued;
2. Copy of any notices, which preceded the citation;
3. Copy of any case history on the property;
4. Photographs and/or videotape of property where available; and
5. Proof of mailing and/or posting of notice on the property if the citation was not personally served on the person alleged to be responsible for the violation.
(b) The file must be delivered to the Administrative Hearing Officer and the person alleged to be responsible for the violation at least five business days preceding the scheduled administrative hearing. The delivery of the file to the person alleged to be responsible for the violation shall be considered completed upon mailing of the file via first class mail.
(5) Presentation of case. The parties shall have the opportunity to present testimony and question any witnesses at the administrative hearing, but strict rules of evidence will not apply. The Administrative Hearing Officer shall tape record the hearing and receive testimony and exhibits. The Administrative Hearing Officer must receive and give weight to evidence, including hearsay evidence that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. The Administrative Hearing Officer shall have the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine and to reduce, stay or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the Administrative Hearing Officer may consider any or all of the following factors:
(a) The duration of the violation;
(b) The frequency of reoccurrence of the violation;
(c) The seriousness of the violation;
(d) The history of the violation;
(e) The conduct of the person alleged to be responsible for the violation after issuance of the administrative citation;
(f) The conduct of the person alleged to be responsible for the violation after issuance of the notice of hearing;
(g) The good faith effort by the person alleged to be responsible for the violation to correct the alleged violation and to comply with the ordinances;
(h) The impact of the violation upon the community;
(i) The prior record of city code violations of the person alleged to be responsible for the violation; and
(j) Any other factors the Administrative Hearing Officer deems appropriate.
(6) Decision.
(a) Within 15 calendar days of the date of the administrative hearing, the Administrative Hearing Officer shall provide the person alleged to be responsible for the violation with an administrative order constituting its decision. The decision of the Administrative Hearing Officer shall be final. A decision in favor of the person alleged to be responsible for the violation constitutes dismissal of the violation and no fine shall be assessed. If the Administrative Hearing Officer renders a decision confirming the administrative citation and finding that a violation has occurred, the person alleged to be responsible for the violation shall correct the violation and comply with the citation order. A report of each hearing shall be provided to the City Administrator.
(b) The Administrative Hearing Officer may not impose a fine greater than the established fine; except that, the Administrative Hearing Officer may impose a fine for each day that the violation continues if:
1. The violation caused or is causing a serious threat of harm to the public health, safety or welfare; or
2. The violator intentionally and unreasonably refused or refuses to comply with the code requirement.
(7) Failure to appear.
(a) The failure to attend the hearing constitutes a waiver of the rights of the person alleged to be responsible for the violation to an administrative hearing. The Administrative Hearing Officer shall consider the failure to appear as constituting an admission of the violation.
(b) The Administrative Hearing Officer may waive this result upon a showing of good cause for the failure to appear. Examples of
GOOD CAUSE are: death in the immediate family of the person alleged to be responsible for the violation; documented incapacitating illness of the person alleged to be responsible for the violation violator; a court order requiring the person alleged to be responsible
for the violation to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing.
GOOD CAUSE does not include: forgetfulness; lack of transportation or child care; and intentional delay.
(Prior Code, § 13.06)
(G) Judicial review. An aggrieved party may obtain judicial review of the decision of the Administrative Hearing Officer as provided in state law.
(1) Recovery of civil penalties. If a civil penalty is not paid within the time specified, the non-payment shall constitute:
(a) A lien on 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 person alleged to be responsible for the violation in all other situations.
(2) Lien. A lien may be assessed against the property and collected in the same manner as taxes.
(3) Personal obligation. A personal obligation may be collected by appropriate legal means.
(4) Late fees/charges.
(a) 1. If, after 15 calendar days of the date on which the fine was issued to the person found to be responsible for the violation, the fine has not been paid or a hearing requested, the fine will increase by $50 or 50% of the fine levied, whichever is greater.
2. If, after eight weeks of the date on which the fine was issued to the person alleged to be responsible for the violation, the fine and penalties have not been paid, the total fine and penalties shall be assessed to the property taxes of the person found to be responsible for the violation and all city licenses issued to the person shall be revoked. For continued violations, the city may correct the violation and assess the charges for doing so onto the property taxes of the person found to be responsible for the violation and criminal charges may be filed.
(b) If the same person found to be responsible for the violation is charged with a subsequent violation within a 12-month period for the same or substantially similar offense, the fine shall be increased by 25%. After a third infraction in a 12-month period, the fine shall increase by 50% and after a fourth infraction in a 12-month period the fine shall increase by 100%.
(5) License revocation or suspension. Failure to pay a fine within the time established for the payment shall constitute grounds for suspending or revoking any license or permit issued to the person found to be responsible for the violation.
(Prior Code, § 13.07)
(H) Criminal penalties; misdemeanors. The following are misdemeanors, punishable in accordance with state law:
(1) Failure, without good cause, to pay a fine or request a hearing within 15 days after issuance of an administrative citation;
(2) Failure, without good cause, to appear at an administrative hearing that was scheduled under division (F) above and for which administrative hearing proper notice was provided;
(3) Failure to pay a fine imposed by the Administrative Hearing Officer within 15 calendar days after it was imposed, or other time as may be established in the administrative order issued by the Administrative Hearing Officer; and
(4) If the final adjudication in the administrative penalty procedure is a finding of no violation, then the city may not prosecute a criminal violation in District Court based on the same set of facts. This does not preclude the city from pursuing a criminal conviction for a violation of the same provisions based on a different set of facts. A different date of violation shall constitute a different set of facts.
(Prior Code, § 13.08)
(I) Violation a misdemeanor or petty misdemeanor. Every person violates a section, division, paragraph or provision of this section when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful, or fails to act when the failure is prohibited or declared unlawful by a code adopted by reference by this section and, upon conviction thereof, shall be punished as follows.
(1) Where the specific section, division, paragraph or provision specifically makes violation a misdemeanor, he or she shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he or she shall be punished as for a misdemeanor.
(2) As to any violation not constituting a misdemeanor under the provisions of division (I)(1) above, he or she shall be punished as for a petty misdemeanor.
(3) Violation of any section, division, paragraph or provision of this section shall be deemed continuing in nature, and may be treated as a new and separate offense on each day (consisting of a 24-hour period commencing at 12:00 midnight) during which the violation occurs.
(Prior Code, § 13.99)
(Ord. 262, Third Series, effective 5-27-2004; Ord. 263, Third Series, effective 5-27-2004; Ord. 274, Third Series, effective 5-26-2005)