(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. The procedures are intended to be voluntary on the part of those who have been charged with those offenses.
(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) In the discretion of the peace officer, City Clerk/Administrator, or other person giving notice of an alleged violation of a provision of this code, in a written notice of an alleged violation, sent by first class mail to the person who is alleged to have violated the code, the person giving notice may request the payment of a voluntary administrative penalty for the violation directly to the City Treasurer within 14 days of the notice of the violation. A sample notice is contained in Appendix II of this chapter. In the sole discretion of the person giving the notice of the alleged violation, the time for payment may be extended an additional 14 days, whether or not requested by the person to whom the notice has been given. In addition to the administrative penalty, the person giving notice may request in the notice to the alleged violator to adopt a compliance plan to correct the situation resulting in the alleged violation and may provide that if the alleged violator corrects the situation resulting in the alleged violation within the time specified in the notice, that the payment of the administrative penalty will be waived.
(E) At any time before the payment of the administrative penalty is due, the person who has been given notice of an alleged violation may request a hearing before a neutral third party appointed by the city to hear and rule on challenges to the administrative citations. Such request for a hearing must be made in writing and received at the office of the City Clerk/Administrator prior to the date that payment of the administrative penalty is due. A deposit of $50 shall accompany the request for a hearing and shall be applied toward the cost of scheduling and conducting such hearing. A hearing will then be scheduled within 30 days of such written request with written notice of the date and time of the hearing to be mailed to the address provided by the person requesting a hearing at least five days prior to the hearing date. After such hearing, the neutral third party may determine that the request for payment be withdrawn or determine that the request for payment is valid. Because the payment of the administrative penalty is voluntary and the alleged violator has the right to request that criminal charges be filed in accordance with state law, there shall be no appeal from the decision of the neutral third party.
(F) At any time after the date the payment of the administrative penalty is due, if the administrative penalty remains unpaid or the situation creating the alleged violation remains uncorrected, the city, through its attorney, may bring criminal charges in accordance with state law and this code. Likewise, the city, in its discretion, may bring criminal charges in the first instance, rather than requesting the payment of an administrative penalty, even if a penalty for the particular violation has been established by Council resolution. If the administrative penalty is paid, or if any requested correction of the situation resulting in the violation is completed, no criminal charges shall be initiated by the city for the alleged violation.
(Am. Ord. 327, passed 12-21-2009)
Cross-reference:
Administrative citations for certain traffic offenses, see § 70.99