(A) Order to correct: exceptions and extensions. Upon reasonable belief that an administrative offense has occurred, any officer of the County Sheriff’s Department or any other person (the “official”) employed by the city and authorized in writing by the City Administrator shall serve on the violator an order to correct the violation. For violations of the following divisions (A)(1) to (A)(5) below, the city shall not be required to issue an order to correct and may proceed directly to the issuance of an administrative citation as provided in division (B) below.
(1) Repeat offender. If the same person commits a subsequent violation within 12 months after an order to correct has been issued for the same or similar offense.
(2) License violations. For any license violations, including not having a license.
(B) Administrative citation. If compliance is not achieved within the timeline prescribed in an order to correct a violation, the official is authorized to issue an administrative citation. An administrative citation shall be served on the person responsible for the violation. The citation shall provide the following:
(1) The date, time, location, and nature of the offense;
(2) The indication of the relevant portion of the city code that was violated;
(3) The amount of the scheduled civil penalty and instructions for paying the penalty;
(4) Identification of the law enforcement officer or official issuing the citation;
(5) A statement that the city code violation and the amount of the administrative civil penalty may be contested to be heard before an independent hearing officer by notifying the City Administrator or designated representative in writing within 14 days of the date of the citation; and
(6) 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, as it may be amended from time to time.
(C) Payment of fines. Within 14 days of the service of the citation, the alleged violator shall pay the amount of the applicable civil penalty.
(D) Request for hearing.
(1) Any person contesting an order to correct or citation issued pursuant to this chapter may, within 14 days of the service of the order to correct or citation, 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 overturned by the hearing officer, the violator shall receive a refund of the civil penalty amount paid.
(2) A person requesting a hearing must pay a hearing request fee deposit at the time of submitting the hearing request. The deposit shall be in the amount adopted by resolution of the City Council. The deposit is refundable if the person attends the hearing. If the person fails to attend the hearing, the deposit is forfeited. Refundable amounts will be applied first to any fine resulting from the hearing with any balance returned to the person who paid the deposit.
(E) Hearing officers. The City Council will periodically approve a list of lawyers, from which the City Administrator 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 less than 15 days before the date of the hearing, that the assigned hearing officer be removed from the case. One request for each case will be granted by the City Administrator. 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 the hearing officer cannot fairly and objectively review the case, the hearing officer shall remove himself or herself from the case, and the City Administrator 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, as it may be amended from time to time. The hearing officer shall not be a current or former employee of the city.
(F) Notice of hearing. Notice of the hearing must be served on 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.
(G) Payment for cost of hearing.
(1) 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 indigency by clear and convincing evidence.
(2) Proof of indigency 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 shall, at the time of the hearing, inquire whether or not the party claims indigency, and, if so, report the claims 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.
(H) Hearing procedures. At the hearing, the parties shall have the opportunity to present testimony and question 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 retained for a reasonable time. The hearing officer shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
(I) Authority of hearing officer. The hearing officer has the authority to determine that a violation did or did not occur, to dismiss a citation, to impose the scheduled fine, or 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:
(1) The duration of the violation;
(2) The frequency or recurrence of the violation;
(3) The seriousness of the violation;
(4) The history of the violation;
(5) The violator’s conduct after issuance of the notice of hearing;
(6) The good faith effort of the violator to comply;
(7) The economic impact of the penalty on the violator;
(8) The impact of the violation upon the community; and/or
(9) Any other factors appropriate to a just result.
(J) 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.
(K) 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 decision. If the fine is not timely paid, the city may assess the civil penalty against the person’s property pursuant to M.S. Ch. 429, as it may be amended from time to time. 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 state court of appeals by petitioning for a writ of certiorari under M.S. § 606.01, as it may be amended from time to time.
(Ord. 205, passed 12-18-2018)