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(A) Any licensed peace officer of the city’s Police Department, or the County Sheriff, or any Deputy Sheriff shall have the authority to enforce any provision of this code.
(B) As permitted by M.S. § 626.862, as it may be amended from time to time, the City Clerk/Treasurer shall have the authority to administer and enforce this code. In addition, under that statutory authority, certain individuals designated within the code or by the Clerk/Treasurer or City Council shall have the authority to administer and enforce the provisions specified. All and any person or persons designated may issue a citation in lieu of arrest or continued detention to enforce any provision of the code.
(C) The City Clerk/Treasurer and any city official or employee designated by this code who has the responsibility to perform a duty under this code may with the permission of a licensee of a business or owner of any property or resident of a dwelling, or other person in control of any premises, inspect or otherwise enter any property to enforce compliance with this code.
(D) If the licensee, owner, resident or other person in control of a premises objects to the inspection of or entrance to the property, the City Clerk/Treasurer, peace officer or any employee or official charged with the duty of enforcing the provisions of this code may, upon a showing that probable cause exists for the issuance of a valid search warrant from a court of competent jurisdiction, petition and obtain a search warrant before conducting the inspection or otherwise entering the property. This warrant shall be only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions only, and no criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there be probable cause to issue the warrant. Probable cause occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property.
(E) Every licensee, owner, resident or other person in control of property within the city shall permit at reasonable times inspections of or entrance to the property by the City Clerk/Treasurer or any other authorized city officer or employee only to determine whether the provisions of this code enacted to protect the health, safety and welfare of the people are being complied with and to enforce these provisions. Unreasonable refusal to permit the inspection of or entrance to the property shall be grounds for termination of any and all permits, licenses or city service to the property. Mailed notice shall be given to the licensee, owner, resident or other person in control of the property, stating the grounds for the termination, and the licensee, owner, resident or other person in control of the property shall be given an opportunity to appear before the City Clerk/Treasurer to object to the termination before it occurs, subject to appeal of the Clerk/Treasurer’s decision to the City Council at a regularly scheduled or special meeting.
(F) Nothing in this section shall be construed to limit the authority of the city to enter private property in urgent emergency situations where there is an imminent danger in order to protect the public health, safety and welfare.
(A) In addition to those administrative penalties established in this code and the enforcement powers granted in § 10.20, the City Council is authorized to create by resolution, adopted by a majority of the members of the Council, supplemental administrative penalties. The resolution may be in the form established in Appendix I of this chapter.
(B) These administrative penalty procedures in this section 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 provisions of this 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 the criminal 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 most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the City Council finds the use of administrative citations and the imposition of civil penalties is legitimate and a necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for city code violations.
(C) Administrative penalties for violations of various provisions of the code, other than those penalties established in the code or in statutes that are adopted by reference, may be established from time to time by resolution of a majority of the members of the City Council. In order to be effective, an administrative penalty for a particular violation must be established before the violation occurred.
(D) Alternative methods of enforcement. This administrative enforcement procedure seeks to gain compliance with certain provisions of the city code and serves as an alternate to any formal criminal or civil court action. The administrative hearing process provided for in this section shall be in addition to any other legal or equitable remedy available to the city for city code violations, except that if a determination is made by the hearing officer pursuant to the hearing process detailed in this section that a violation did not occur, the city may not then proceed with criminal prosecution of the same act or conduct.
(E) Authority to issue order to correct/compliance letters and administrative citations. The following city employees and agents are authorized to issue compliance letters and administrative citations for violations of the city code.
(1) Licensed peace officers of the city Police Department;
(2) City Building Official;
(3) City Zoning Administrator;
(4) Public Works Director;
(5) City Clerk.
(F) Administrative offenses; schedule of fines and fees.
(1) Except as noted herein or otherwise ordered by the City Council, a violation of any provision of the city code is an administrative offense which may be subject to an administrative citation and civil penalties pursuant to this section. Each day a violation exists constitutes a separate offense.
(2) An administrative offense may be subject to a civil penalty not exceeding $1,000.
(3) The City Council shall adopt by resolution a schedule of recommended civil fines for offenses initiated by administrative citation. The City Council is not bound by that schedule when a matter is appealed for administrative review.
(4) The City Council may adopt a schedule of fees to be paid to administrative hearing officers.
(G) Order to correct/compliance letters; administrative citations. Upon the reasonable belief that an administrative offense has occurred, the city officials listed above may serve the violator an order to correct the violation (otherwise known as a compliance letter). If compliance is not achieved within the timeline prescribed in the order to correct letter, the official is authorized to issue an administrative citation. An administrative citation shall be presented in person or by first class mail to the person responsible for the violation. Service shall be deemed complete upon depositing the citation in the United States Mail, properly addressed to last known address of the person to be served and postage prepaid. The citation shall state the following: date, time, and nature of the offense, citing the relevant portion of the city code that was allegedly violated, the amount of the scheduled civil fine and the manner for paying the fine, a statement that the city code violation and the amount of the administrative penalty may be contested to be heard before an independent hearing officer by notifying the city clerk or designated representative in writing within ten days of the date of the citation, and a statement that failure to pay the administrative civil penalty may result in it being assessed against the property as provided in M.S. Ch. 429. In no circumstances shall the city be required to follow the administrative citation procedure.
(H) Exceptions to issuance of order to correct/compliance letter. For violations of the following, the city shall not be required to issue a compliance letter and may proceed directly to the issuance of an administrative citation as provided in division (G) above.
(1) Repeat offender. If the same owner commits a subsequent violation within 12 months after a compliance letter has been issued for the same or similar offense.
(2) License violations. This constitutes any violation of a city code license requirement, including not having a license.
(I) Reasonable extensions. Following service of the compliance letter, the city shall attempt to work with the owner to resolve the violation, including but not limited to responding to reasonable extensions for compliance.
(J) Payment of penalty and correction of violation. If the owner pays the administrative civil penalty and corrects the city code violation, no further action will be taken against the owner or the owner’s real property for that same violation. If payment is made but correction is not accomplished, a subsequent administrative citation may be issued, criminal proceedings may be initiated, or any other proceedings or remedies available in order to enforce correction of the violation. If no payment is made, no correction of the violation is made, and no request for hearing is made in accordance herein, the city may assess the administrative civil penalty against the property owner pursuant to M.S. Ch. 429, issue a subsequent administrative citation and commence a new administrative process, initiate criminal proceedings or initiate other enforcement action authorized by law or a combination hereof.
(K) Request for hearing. An owner or occupant may contest the administrative citation and the amount of the fine by requesting a hearing, in writing, within ten days of the date of the citation, to the City Clerk or designated representative.
(L) Administrative hearing procedure.
(1) Hearing officers. The City Council will periodically approve a list of lawyers, from which the City Clerk will select a Hearing Officer to hear and determine a matter for which the hearing is requested. The person who has requested the hearing has the right to request, no later than 15 days before the date of the hearing, that the assigned Hearing Officer be removed from the case. One such request for each case will be granted by the City Clerk. A subsequent request must be directed to the assigned Hearing Officer who will decide whether the Hearing Officer can fairly and objectively review the case. If such a finding is made, the Hearing Officer shall remove himself or herself from the case, and the City Clerk shall assign another Hearing Officer. The Hearing Officer is not a judicial officer, but is a public officer as defined by M.S. § 609.415. The Hearing Officer shall not be a current employee of the city, nor shall the Hearing Officer be a representative of the office of the City Attorney.
(2) Notice of hearing. Notice of the hearing must be served in person or by first class mail to the person responsible for the violation no less than 20 days in advance of the scheduled hearing, unless a shorter time is accepted by both parties. Service shall be deemed complete upon depositing the notice of hearing in the United States Mail, properly addressed to last known address of the person to be served and postage prepaid.
(3) Payment for cost of hearing. The cost of the hearing shall be borne solely by the non-prevailing party. The city shall provide an estimate of the cost of the hearing at the time of the request for hearing. The City Council has the authority to reduce the non-prevailing party’s costs where that party can demonstrate indigence by clear and convincing evidence. Proof of indigence can be demonstrated by the party’s receipt of means tested governmental benefits or a demonstrated lack of assets or current income. Such proof shall be presented to the City Council for determination subsequent to the hearing. However, the Hearing Officer at the time of the hearing shall make specific findings as to whether or not the party is indigent with said findings presented to the City Council. In all cases, where the party requesting the hearing is unable to attend and fails to request a continuance of the hearing at least 48 hours in advance of the scheduled hearing, all costs incurred by the city attributable to the hearing shall be charged to the requesting party.
(4) Hearing procedures. At the hearing, the parties shall have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The Hearing Officer shall record the hearing and receive testimony and exhibits and the full record of the hearing shall be kept. The Hearing Officer shall receive and give weight to evidence, including hearsay evidence of the same probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
(5) Authority of the hearing officer. The Hearing Officer shall determine whether a violation did or did not occur. If the Hearing Officer determines that a violation did not occur then the citation shall be dismissed. If the Hearing Officer determines that a violation did occur, then the officer may do any of the following: impose a fine anywhere within or up to, but not exceeding, the maximum penalty for an administrative offense, stay or waive a fine either unconditionally or upon compliance with the appropriate conditions. When imposing a penalty for a violation, the Hearing Officer may consider any or all of the following.
(a) The duration of the violation;
(b) The frequency of recurrence of the violation;
(c) The seriousness of the violation;
(d) The history of the violation;
(e) The violator’s conduct after issuance of the notice of hearing;
(f) The good faith effort of the violator to comply;
(g) The economic impact of the penalty on the violator;
(h) The impact of the violation upon the community; and
(i) Any other factors appropriate to just result.
(6) Fines for continuing violations. The Hearing Officer may exercise discretion to impose a fine for more than one day of a continuing violation but only on a finding that the violation caused a serious threat of harm to the public health, safety or welfare, or the accused intentionally and unreasonably refused to comply with the code requirement. The Hearing Officer’s decision and supporting reasons for continuing violations must be in writing.
(7) Decision of the Hearing Officer. The Hearing Officer shall issue a decision in writing to both parties within ten days of the hearing. Any fines or penalties imposed must be paid no later than 30 days of the date of the Hearing Officer’s order. If the fine is not paid, the city may assess the civil penalty against the owner’s property pursuant to M.S. Ch. 429. If the Hearing Officer determines that no violation occurred, the city may not proceed with criminal prosecution for the same act or conduct. The decision of the Hearing Officer is final and may only be appealed to the Minnesota Court of Appeals by petitioning for a writ of certiorari pursuant to M.S. § 606.01.
(M) Payment of fines. Prior to any assessment for unpaid fines, the city shall seek payment of the fines by notifying the owner of the property in writing of the fine imposed.
(N) Assessment procedure. Unpaid fines, including any administrative charges for such assessment as indicated in the city’s fee schedule, plus interest of the total balance will be assessed pursuant to M.S. Ch. 429 against the property of the owner charged with the violation. For uncorrected or continued violations, the city may, after notification to the property owner, correct the violation pursuant to M.S. § 429.101 and assess all charges incurred for doing so against the property.
(Am. Ord. 135, passed 7-10-2023)
(A) Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime which is a misdemeanor under this code, including Minnesota Statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not more than $1,000, or both.
(B) Any person, firm or corporation who violates any provision of this code, including Minnesota Statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction be guilty of a petty misdemeanor. The penalty which may be imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300.
(C) In either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(D) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation.
(E) In addition to any penalties provided for in this section or in § 10.98, if any person, firm or corporation fails to comply with any provision of this code, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.
RESOLUTION FOR ORDINANCE CHANGE #135 AMENDING THE PROVISIONS OF THE MINNESOTA BASIC CODE 10.98
AND A SCHEDULE OF OFFENSES AND VOLUNTARY ADMINISTRATIVE PENALTIES
AND A SCHEDULE OF OFFENSES AND VOLUNTARY ADMINISTRATIVE PENALTIES
WHEREAS, the City Council wishes to adopt the provisions of Minnesota Basic Code § 10.98, establishing a procedure for requesting the voluntary payment of administrative penalties for certain violations of the code; and
WHEREAS, the provisions of Minnesota Basic Code § 10.98 authorize the City Council, by a resolution adopted by a majority of its members, to identify administrative offenses and establish penalties for these offenses;
NOW THEREFORE, be it resolved by the City Council as follows:
The City Council hereby adopts the provisions of Minnesota Basic Code § 10.98 and adopts the following administrative penalties:
Offense Code Section Amount of Administrative Penalty
90.19 $50 as set by the Council annually
90.20 $50 as set by the Council annually
90.21 $50 as set by the Council annually
90.39 $50 as set by the Council annually
93.20 $50 as set by the Council annually
93.21 $50 as set by the Council annually
93.22 $50 as set by the Council annually
Zoning § 153 $50 as set by the Council annually
Administrative penalty will be per day $50 to a max amount of $1,000.
All Offenses for which an administrative penalty may be established under this code, other than those specified below:
None
ADOPTED BY THE CITY COUNCIL THIS 10TH DAY OF JULY, 2023
Mayor:
Attest:
City Clerk/Treasurer
(Am. Res. 2023-19, passed 7-10-2023)
NOTICE OF CODE VIOLATION
To: (Name and address of person who is alleged to have violated the code)
From: (Name and title of city official giving the notice)
Re: Alleged violation of Section of the City Code, relating to (give title of section)
Date: (Date of notice)
I hereby allege that on (date of violation) you violated § of the City Code relating to .
The City Council has by resolution established an administrative penalty in the amount of $ for this violation.
Payment of this administrative penalty is voluntary, but if you do not pay it the city may initiate criminal proceedings for this alleged violation.
Payment is due within 14 days of the date of this notice. Before the due date, you may request an additional 14-day extension of the time to pay the administrative penalty.
As an alternative to the payment of this administrative penalty, if the situation that gave rise to this alleged violation is corrected by (establish date), then the payment of the administrative penalty will be waived.
Even if the administrative penalty is paid, the city reserves the right to institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.
Before the due date, you may request to appear before the City Council to contest the request for payment of the penalty.
After a hearing before the Council, the Council may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary, there shall be no appeal from the decision of the Council.
If you pay the administrative penalty, the city will not initiate criminal proceedings for this alleged violation. However, the Council, or any city official designated by it, may institute appropriate proceedings at law or at equity to restrain, correct or abate the violation.
Payment of the administrative penalty may be made by check, cash or money order to the City Clerk/Treasurer.
Signed:
(Name and Title of Person Giving Notice)