(A) Purpose. Administrative offense procedures established pursuant to this chapter 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 ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures; in which event the city may bring criminal charges in accordance with the law. Likewise, the city, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the city may seek to collect costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.
(B) Administrative offense defined. An ADMINISTRATIVE OFFENSE is a violation of a provision of this code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in division (H), hereafter.
(C) Notice. The City Administrator, an officer of the Police Department, or any other person employed by the city, and authorized in writing by the City Administrator, as having authority to enforce this code; may upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of the violation, the name of the official issuing the notice, and the amount of the scheduled penalty.
(D) Payment. Once such notice is given, the alleged violator may, within 14 days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request an informal conference with the City Administrator in writing, as is provided for hereafter. The penalty may be paid in person or by mail. Payment shall be deemed to be an admission of the violation.
(E) Informal conference. Any person contesting an administrative offense pursuant to this chapter may, within 14 days of the time of issuance of the notice, request an informal conference with the City Administrator. The City Administrator shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained, the alleged violator shall pay the entire or reduced penalty within 7 days from the conference date.
(F) Failure to pay. In the event a party is charged with an administrative offense and fails to timely pay the penalty; a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with the city code.
(G) Disposition of penalties. All penalties collected pursuant to this chapter shall be paid to the city's Deputy Clerk and may be deposited in the city's general fund.
(H) Offenses and penalties. Offenses which may be charged as administrative offenses, and the penalties for such offenses, may be established by ordinance or resolution of the City Council from time to time. Copies of such offenses and penalties shall be maintained at City Hall and shall be available to the public during regular business hours.
(I) Subsequent offenses. In the event a party is charged with a subsequent administrative offense violation of the same provision within a 12-month period, the subsequent administrative penalty may be doubled.
(Ord. 515, passed 5-13-2008)