PROCEDURE FOR ENFORCING ADMINISTRATIVE OFFENSES

§ 31.20 PURPOSE.

   Administrative offense procedures established pursuant to this subchapter 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 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 instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the city will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.

(Prior Code, § 1-7-1)

§ 31.21 DEFINITION.

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   ADMINISTRATIVE OFFENSE. A violation of a provision of this code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in §§ 10.98 and 10.99.

(Prior Code, § 1-7-2)

§ 31.22 NOTICES.

   (A)   Before an administrative citation may be issued, staff shall mail a notice of violation to the last known address of the individual committing the alleged offense. In the event there is no response to the initial letter, staff shall mail a final notice of violation to the last known address of the individual committing the alleged offense and provide them notice that failure to comply with the final notice will result in the issuance of an administrative citation. No additional notice shall be required before issuing a citation if the property owner has already been issued a citation within the last 12 months.

   (B)   Any officer of the Wright County Sheriff’s Office or any other person employed by the city, authorized in writing by the City Administrator, and having authority to enforce this code, shall, upon determining that there has been a violation, notify the violator and provide the violator with notice. 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.

(Prior Code, § 1-7-3)

§ 31.23 PAYMENT.

   Once notice is given, the alleged violator may, within seven days of the notice, pay the amount set forth on the schedule of penalties for the violation, 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.

(Prior Code, § 1-7-4)