(A) Definition. An ADMINISTRATIVE OFFENSE is a violation of a section, division, paragraph or provision of this code when one performs an act prohibited, or fails to act when the failure is thereby prohibited and is subject to the penalty set forth in § 10.999 of this code of ordinances, and the schedule set forth hereafter.
(B) Misdemeanors and administrative offenses. Offenses that are declared misdemeanors by this code may be charged as administrative offenses, at the election of the city, when notice of violation is issued pursuant to division (C) below and there is a scheduled penalty established herein.
(C) Notice of violation. Any member of the city’s Police Department and/or any other person employed by the city with authority to enforce this code shall, upon determining that there has been a violation, notify the violator or person responsible for the violation or, in the case of a vehicular violation, by attaching to the vehicle notice of the violation, the notice setting forth the nature, date, time of the violation, the name of the official issuing the notice and the amount of the scheduled initial penalty and, where applicable, any charges relating thereto.
(D) Scheduled penalties; penalties imposed. Penalties shall be imposed for a violation of the scheduled administrative offenses according to a schedule established by resolution of the City Council.
(E) Payment of fine; late charges.
(1) Once the notice is given, the person responsible for the violation shall, within seven days of the time of issuance of the notice, pay full satisfaction of the stated violation schedule to the city’s Finance Director.
(2) The penalty may be paid in person or by mail and payment shall be admission of the violation.
(3) A late charge shall be imposed for each seven days the penalty remains unpaid after the first seven-day period.
(F) Failure to pay; complaint; certification and hearing.
(1) If a violator fails to pay the penalty imposed, the City Administrator may order the issuance of an ordinance complaint as authorized by law, and the violation shall be processed as a crime by the county’s District Court.
(2) Alternatively, subject to the requirements set forth herein, the city may certify to the County Auditor any unpaid fees, penalties and charges for a violation which shall then be collected together with property taxes levied against the property. Prior to the certification, the city must attempt to obtain voluntary payment of the fees, penalties and charges as provided in this section and allow the property owner the opportunity to request certification to the property taxes as a method of payment. A fee, penalty or charge may be certified to the Auditor only if, at least 30 days prior to imposing the certification, the city has given written notice to the property owner listed on the official tax records of its intention to certify the penalty or charge to the Auditor. Property owners notified by the city for the purpose stated herein have the right to request a hearing before the City Council or a neutral third party. Only fees, penalties and charges directly related to the property being assessed may be assessed through the manner set forth in this section.
(3) This section is in addition to any other law authorizing the collection of unpaid fees, penalties and charges.
(G) Hearing on administrative offense violation.
(1) Request for hearing. Any person aggrieved by this section as to an administrative offense violation may request, within seven days of the time of issuance of the notice, to be heard by the Hearing Officer who shall hear and determine the grievance.
(2) Hearing Officer. The City Administrator shall be the Hearing Officer, and the City Administrator or a designee is authorized to hear or determine a case or controversy relative to this section. The Hearing Officer is not a judicial officer and is a public officer as defined by M.S. § 609.415, as it may be amended from time to time, and subject to state statutes relating to public officers.
(3) Determination of case. The Hearing Officer shall have the authority to dismiss the violation for cause, reduce or waive the penalty upon the terms and conditions as can be agreed upon by the parties; however, reasons for the dispositions shall be stated, in writing, by the Hearing Officer. If the violation is sustained by the Hearing Officer, the violator shall pay satisfaction of the penalty or shall sign an agreement to pay upon such terms and conditions as set forth by the Hearing Officer.
(H) Administration.
(1) Enforcement of provisions. In addition to all other duties set forth in the code and the Home Rule Charter, the City Administrator may delegate and supervise the work of any city employees implementing and administering this section. The City Administrator shall make and have custody of all records necessary and shall keep proper accounts of the proceeds received.
(2) Disposition of penalties. All penalties collected shall be paid over to the city’s Finance Director. The City Administrator may receive negotiable instruments in payment of penalties as conditional payment and shall not be held accountable therefor. Receipt shall be issued for cash payments.
(Prior Code, § 702.02) (Ord. 823, passed 07-02-2009; Ord. 844, passed 05-20-2010)