Subd. 1. Purpose. The City Council finds that there is a need for alternative methods of enforcing the City 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 that 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 that the use of administrative citations and the imposition of civil penalties is a legitimate and 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.
Subd. 2. General Provisions.
A. A violation of a provision of the City Code is an administrative offense, that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense.
B. An administrative offense may be subject to a civil penalty not exceeding $1,000.
C. The City Council must adopt by resolution a schedule of fines for offenses initiated by administration citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review. The City Council may adopt a schedule of fees to be paid to administrative Hearing Officers.
D. The City Administrator must adopt procedures for administering the administrative citation program.
Subd. 3. Administrative Citation.
A. A person authorized to enforce provisions of the City Code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time and nature of the offense, the name of the issuing officer, the amount of the scheduled fine and the manner for paying the fine or appealing the citation.
B. The person responsible for the violation must either pay the scheduled fine or request a hearing within seven days after issuance. Payment of the fine constitutes admission of the violation. A late payment fee of 10% of the scheduled fine shall be imposed in accordance with Subd. 7.D. below.
Subd. 4. Administrative Hearing.
A. Hearing. Any person contesting an administrative offense pursuant to this subdivision 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.
B. Hearing Procedures. Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The Hearing Officer must tape record the hearing and receive testimony and exhibits. The 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.
C. Hearing Officer. A city employee designated in writing by the City Administrator shall be the Hearing Officer. The Hearing Officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this section.
D. Authority.
1. The Hearing Officer has 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 Hearing Officer may consider any or all of the following factors:
a. The duration of the violation;
b. The frequency or reoccurrence 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 by 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 a just result.
2. a. The Hearing Officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that:
(1) The violation caused a serious threat of harm to the public health, safety or welfare; or
(2) The accused intentionally and unreasonably refused to comply with the code requirement.
b. The Hearing Officer's decision and supporting reasons must be in writing.
E. Failure to Attend. The failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A Hearing Officer may waive this result upon good cause shown. Examples of "good cause" are: death or incapacitating illness of the accused; a court order requiring the accused 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 and intentional delay.
Subd. 5. Council Review.
A. Request for Review. The Hearing Officer's decision may be appealed to the City Council by submitting a request in writing to the City Clerk within ten days after the Hearing Officer's decision.
B. Notice. The appeal will be heard by the City Council after notice served in person or by registered mail at least ten days in advance. The parties to the hearing will have an opportunity to present oral or written arguments regarding the Hearing Officer's decision.
C. Council Review. The City Council must consider the record, the Hearing Officer's decision and any additional arguments before making a determination. The Council is not bound by the Hearing Officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing.
D. Council Action. If the Council makes a finding of a violation, it may impose a civil penalty not exceeding $1,000 per day per violation, and may consider any or all of the factors contained in Subd. 4.D. of this chapter. The Council may also reduce, stay or waive a fine unconditionally or based on reasonable and appropriate conditions.
E. License Suspension or Revocation. In addition to imposing a civil penalty, the Council may suspend or revoke a city-issued license, permit or other approval associated with the violation.
Subd. 6. Judicial Review. An aggrieved party may obtain judicial review of the decision of the Hearing Officer or the City Council by proceeding under a writ of certiorari in District Court.
Subd. 7. Recovery of Civil Penalties.
A. If a civil penalty is not paid within the time specified, it will constitute:
1. 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
2. A personal obligation of the violator in all other situations.
B. A lien may be assessed against the property and collected in the same manner as taxes.
C. A personal obligation may be collected by appropriate legal means.
D. A late payment fee of 10% of the fine may be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date.
E. During the time that a civil penalty remains unpaid, a license, permit or other city approval or authorization of any kind may not be granted when sought by a violator or for property under the violator's ownership or control.
F. Failure to pay a fine is grounds for suspending or revoking a license related to the violation.
Subd. 8. Criminal Penalties.
A. The following are misdemeanors, punishable in accordance with state law:
1. Failure, without good cause, to appear at a hearing that was scheduled under Subd. 4. above;
2. Failure to pay a fine imposed by a Hearing Officer within 30 days after it was imposed, or such other time as may be established by the Hearing Officer, unless the matter is appealed under Subd. 5. above; and
3. Failure to pay a fine imposed by the City Council within 30 days after it was imposed, or such other time as may be established by the City Council.
B. 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 provision based on a different set of facts. A different date of violation will constitute a different set of facts.
Subd. 9. Disposition of Penalties. All penalties collected pursuant to this section shall be deposited in the city's General Fund.
Subd. 10. Offenses and Penalties. Offenses which may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. Copies of such resolutions shall be maintained in the office of the City Administrator.
Subd. 11. Restitution.
A. Demand for Restitution. If the city incurs a loss as a direct result of a violation of a provision of the City Code subject to this section, a demand for restitution shall be made at the same time that the administrative citation is issued. The demand must describe the items or elements of loss, itemize the total dollar amounts of restitution claimed and specify the reasons justifying these amounts.
B. Appeal. The person receiving such a demand for restitution may challenge the demand in the manner provided for in Subds. 4. and 5. of this section, but must do so by requesting a hearing within 30 days of receiving written notification of the amount of restitution demanded. The hearing request must be made in writing and filed with the City Administrator. A person may not challenge the amount of the restitution demanded after the 30-day time period has passed. A person may challenge the demand for restitution without contesting the administrative offense. Notwithstanding the 30-day time period, a person contesting the administrative offense must comply with the seven-day time period contained in Subd. 4. above. Payment of the demanded restitution constitutes an admission of liability.
C. Dispute; Evidentiary Burden; Procedures. At the hearing on the restitution challenge, the person challenging the restitution shall have the burden to produce evidence if the person intends to challenge the amount of restitution or specific items of restitution or their dollar amounts. This burden of production must include a detailed sworn affidavit of the person setting forth all challenges to the restitution or items of restitution, and specifying all reasons justifying dollar amounts of restitution which differ from the amounts demanded by the city. The affidavit must be filed with the City Administrator at least five business days before the hearing. A dispute as to the proper amount or type of restitution must be resolved by the Hearing Officer or City Council by the preponderance of the evidence. The burden of demonstrating the amount of loss sustained by the city as a result of the ordinance violation and the appropriateness of a particular type of restitution is on the city.
(Ord. 91, Third Series, passed 10-21-2003; Ord. 94, Third Series, passed 11-18-2003)