§ 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)

§ 31.24 HEARING.

   Any person contesting an administrative offense pursuant to this subchapter 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. 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.

(Prior Code, § 1-7-5)

§ 31.25 HEARING OFFICER.

   A city representative designated in writing by the City Administrator shall be the hearing officer for all administrative offenses. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this subchapter.

(Prior Code, § 1-7-6)

§ 31.26 FAILURE TO PAY.

   In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable ordinance or statutes. If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no charge may be brought by the city for the same violation.

(Prior Code, § 1-7-7)

§ 31.27 DISPOSITION OF PENALTIES.

   All penalties collected pursuant to this subchapter shall be paid to the city and may be deposited in the city’s General Fund.

(Prior Code, § 1-7-8)

CRIMINAL HISTORY BACKGROUND INVESTIGATIONS

§ 31.40 BACKGROUND INVESTIGATIONS.

   (A)   Applicants for city employment. The city shall conduct a criminal history background investigation on the applicants for all full- and part-time employment positions with the city. All employees hired on or after the effective date hereof shall be subject to additional periodic criminal history background investigations at the discretion of the city during the term of their employment.

   (B)   City volunteers. The city shall conduct a criminal history background investigation on those applicants the City Administrator or designee deems such investigation to be necessary based upon anticipated interaction with children, seniors, or vulnerable persons, or for any other reason or as a matter of general practice, as determined at the sole discretion of the city. This division (B) specifically excludes members elected or appointed to the City Council. All volunteers appointed on or after the effective date hereof shall be subject to additional periodic criminal history background investigations at the discretion of the city during the term of their service to the city.

   (C)   Applicants for city licenses. The city or Wright County Sheriff’s Office shall conduct a criminal history background investigation on the applicants for the following licenses with the city:

      (1)   Liquor licenses (3.2% malt liquor, wine, intoxicating liquors, breweries, distilleries, Sunday liquor);

      (2)   Lawful gambling;

      (3)   Pawnshops;

      (4)   Massage businesses and services; and

      (5)   Peddlers, solicitors, and transient merchants.