HomeMy WebLinkAboutOrdinance 104 - Penalties & Fees
CHAPTER I – GENERAL PROVISIONS
ORDINANCE 104 PENALTIES AND FEES .................................................................... 104-1
Section 104.01: CRIMINAL PENALTIES ................................................................. 104-1
Section 104.02: PERMIT AND APPLICATION FEES .............................................. 104-1
Section 104.03: ADMINISTRATIVE PENALTIES ................................................... 104-1
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ORDINANCE 104 PENALTIES AND FEES
Section 104.01: CRIMINAL PENALTIES:
Subd. 1. Any person 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.
Subd. 2. Any person 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.
Subd. 3. No Stated Penalty. Unless penalty is expressly provided in the ordinance, the
violation of any provision of this code or ordinance contained therein, or any rule or regulation
adopted in pursuance thereof, or any provision of any code adopted in this code by reference,
shall be deemed a misdemeanor and subject to the penalties for a misdemeanor as provided
herein.
Section 104.02: PERMIT AND APPLICATION FEES. Permit, application, connection,
inspection and other types of fees or charges as may be assessed by the City with regard to
licensing and services. Such fees shall be accumulated and listed in the City Fee Schedule, and is
subject to change and amendment by the City Council as provided by in the Ordinance
establishing the charge.
Section 104.03: ADMINISTRATIVE PENALTIES.
Subd. 1: Purpose. The City Council determines that there is a need for alternative
methods of enforcing the City Code. As a result, the City Council finds the use of administrative
citations and imposition of civil penalties as a legitimate and necessary alternative enforcement
method, which will be in addition to any other legal remedy that may be pursued for Code
violations. To protect the health, safety and welfare of the citizens of St. Joseph, it is the City
Council’s intent to create a process for the use and imposition of administrative civil penalties
that will provide the public and the City of St. Joseph with a more effective method for
addressing City Code violations.
Subd. 2: Alternative Methods of Enforcement. A violation of the City Code is a
misdemeanor pursuant to City Code; however, this Section seeks to gain compliance with the
City Code prior to the commencement of any formal civil or criminal court action. The
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administrative civil penalty proceedings are in addition to any legal or equitable remedy
available to the City for City Code violations. The City may, in its discretion, choose not to issue
an administrative citation and may initiate criminal charges instead.
Subd. 3: City Code Violations. A violation of the following provisions of the City Code,
or successor ordinances, shall be an administrative offense that may be subject to the
administrative hearing process. Ordinance violations are categorized as property violations,
parking violations, or non-property violations.
a. Property Violations.
1. Building Code
2. Plumbing Code
3. Mechanical Code
4. Electrical Code
5. Public Health and Safety
6. Fire Code
7. Zoning and Subdivision Code
8. Business License and License Regulations
9. Rental Regulations
10. Police Regulations
11. Public Ways and Property
12. Water and Sewer
13. Refuse and Garbage Collection and Disposal
14. Nuisances Affecting Health and Safety
15. Motor Vehicles and Traffic
b. Parking Violations. Parking Violations include any violation in Chapter Five or
Chapter Eight of the City Code of Ordinances. Pursuant to Minnesota Statutes §
169.346, handicap parking violations will be enforced in the same manner as other
parking ordinances and therefore subject to this administrative process.
c. Non-Property Violations. Non-Property Violations include all other Code violations
not specifically designated as Property or Parking Violations.
Subd. 4: Authority to Issue Orders of Correction and Administrative Citations. The
following City employees and agents are authorized to issue orders of correction and
administrative citations for violations of the City Code: Licensed Peace Officers, or Reserve
Officers of the St. Joseph Police Department; Community Development Department employees,
including but not limited to the Community Development Director, City Planner, Building
Official, Building Inspector, and Fire Marshal/Fire Chief; City Administrator; Public Works
Director; any designee of the above listed employees and agents.
a) Property Violation. Upon reasonable belief that a property related administrative
offense detailed in Subd. 4 of this Section has occurred, the City officials listed in this
subdivision shall serve on the violator an order to correct the violation in person or by
mail. If compliance is not achieved by virtue of an order to correct, the official is
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authorized to issue an administrative citation in person or by mail. An administrative
citation shall state the date, time and nature of the offense, the name of the official
issuing the citation, the amount of the scheduled civil fine, and the manner for paying
the fine or appealing the citation by requesting a hearing.
b) Parking Violation. When a parking violation has occurred, a parking ticket will be
issued without requiring an order of correction. The issuing authority will attach to a
vehicle a ticket notifying the owner that the vehicle is in violation of the City Code
and directing the owner or operator to make payment.
c) Non-Property Violation. When a non-property violation has occurred, the City
officials listed in this subdivision shall serve on the violator an order of correction in
person or by mail. If compliance is not achieved by virtue of an order to correct, the
official is authorized to issue an administrative citation in person or by mail. An
administrative citation shall state the date, time and nature of the offense, the name of
the official issuing the citation, the amount of the scheduled civil fine, and the manner
for paying the fine or appealing the citation by requesting a hearing.
d) Exceptions to Issuance of Notice of Violation. For violations of any of the following
sections, the City shall not be required to issue an order of correction and may
proceed directly to issuance of an administrative citation.
1) License Violation. For any license violations, including not having a
license.
2) Traffic or Parking Violations. For traffic, load limit or parking violations
issued under Chapters 5 and 8 of the City Code.
3) Animal Violations. For any violation of Ordinance 1004, running at large
or dangerous dogs
4) Noise Violations.
5) Fire Pit Violations
6) Offenses committed within publicly owned property.
Subd. 5. Civil Fines. The administrative offenses detailed in this section may be subject
to a civil fine. The amount of the civil fine may not exceed the amount of the maximum fine
allowed if the ordinance violation had been prosecuted as a misdemeanor. Civil fines may not be
imposed for ordinance violations that prohibit the same conduct that is classified as a crime of
petty misdemeanor in Minnesota Statutes, Chapters 168, 168A, 169, 169A, 171, and 609.
a) Schedule of Civil Fines. The City shall adopt by resolution a schedule of civil fines
for administrative offenses for which a citation has been issued. City employees
authorized to issue administrative citations shall adhere to this schedule of fines.
b) Payment of Civil Fine; Request for Administrative Hearing. The person responsible
for the violation shall either pay the scheduled civil fine and illustrate compliance if
correction was part of the remedy, or request a hearing within 20 days after issuance
of the administrative citation. During that period, only the City Attorney or an
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Assistant City Attorney has the authority to dismiss the citation and/or waive the
scheduled civil fine. Upon payment of the fine, the right to appeal is waived.
c) Fee for Late Payment of Civil Fine. A late payment fee, as established by the City
Council, for property and non-property related violations shall be imposed if the
person responsible for the violation fails to pay the civil fine within the required
number of days after issuance of the administrative citation or fails to timely request a
hearing pursuant to this section. A late payment fee, including the timeframe for
which payment must be received will be designated in the City Fee Schedule.
If a civil fine is not paid within the time specified and a timely request for a hearing is
not received, the nonpayment of the civil fine shall constitute a personal obligation of
the violator. A personal obligation may be collected by the City by any appropriate
legal means. Unpaid fines that are referred to collections will be assessed a collection
fee in addition to a late fee. The collection fee shall be established by ordinance in the
City Fee Schedule. If the fine was imposed for a property-related violation, the City
may assess the applicable property pursuant to the guidelines of Minnesota Statute
429.
Subd. 6: Administrative Hearing Procedures.
A. Scheduling the Hearing. After the receipt of the written notice to contest the citation
as provided, the Hearing Officer shall schedule a hearing before an independent
hearing officer, which will be held within 60 days, unless agreed to in writing by the
parties. The City Attorney’s office shall notify the owner of the date, time and
location of the hearing at least ten days in advance of the scheduled hearing, unless a
shorter time is accepted by all parties. Notice of the hearing shall be served in person
or by mail.
B. Prepayment of Hearing Cost. An administrative hearing fee shall be payable to the
City at the time of the request for hearing. However, in no event will the amount of
the administrative hearing fee exceed the total amount of the civil fine. A request for
hearing is not valid until the administrative hearing fee is paid. The City Attorney’s
office has authority to reduce the requesting person’s share of the costs where that
person can demonstrate the person is indigent by clear and convincing evidence.
Proof of being indigent can be demonstrated by the person’s receipt of means tested
governmental benefits or a demonstrated lack of assets or current income. Such proof
shall be presented to the City Attorney’s office for determination of the amount of the
prepayment in advance of the hearing. In all cases where the person requesting an
administrative hearing is unable to attend and fails to request a continuance of the
hearing at least 48 hours in advance of the hearing, all costs incurred by the City
attributable to the requested hearing shall be charged to the requesting party and
deducted from any prepayment made. The administrative hearing fee may be
refunded if the administrative hearing officer determines that no violation occurred.
In the event that the hearing officer determines that a violation occurred, then the
administrative hearing fee will be applied toward any civil fine imposed.
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C. Independent Hearing Officer. An independent hearing officer, who may be from the
office of administrative law judges, shall preside over the administrative citation
hearing.
D. Hearing Procedures. At the hearing, the parties shall have the opportunity to present
testimony and question any witnesses, but strict rules of evidence shall apply. The
hearing officer shall tape 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, which possesses prohibitive value
commonly accepted by reasonable and prudent people in the conduct of their affairs.
E. Authority of Hearing Officer. The hearing officer shall have the authority to:
a. determine whether a violation occurred; dismiss the administrative citation;
b. impose the schedule fine; or
c. reduce, stay or waive a scheduled fine either unconditionally or upon
compliance with appropriate conditions
d. waive all or part of the administrative hearing application fee.
F. Imposition of Civil Fine by Hearing Officer. When imposing a fine, the hearing
officer may consider any or all of the following factors, but in no case shall the fine
exceed the maximum allowed by MN Statute 609.
a. duration of the violation;
b. frequency or reoccurrence of the violation;
c. seriousness of the violation;
d. history of the violation;
e. violator’s conduct after issuance of the hearing notice;
f. good faith effort by the violator to comply;
g. economic impact of the fine on the violator;
h. impact of the violation upon the community
i. prior record of city code violations; or
j. any other factors appropriate to a just result.
G. 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 upon a finding
that:
a. the violation caused a serious threat of harm to the public health, safety, or
welfare, or;
b. 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.
H. Written Report of Hearing Officer. The decision of the hearing officer shall be in
writing and contain findings of fact and conclusions of law. The written report shall
be served on the parties by mail within 20 days of the last date of the hearing.
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I. Finality of decision. The decision of the hearing officer shall be final without any
further right of administrative appeal.
Subd. 7. Judicial Review. An aggrieved party may obtain judicial review of the decision
of the hearing officer by petitioning the Minnesota Court of Appeals for a writ of certiorari
pursuant to Minnesota Statute Section 606.01
Subd. 8. Assessment of Fine for Property-Related Violations. Unpaid civil fines imposed
for property-related violations may be assessed against: Property which was the subject matter or
related to the subject matter of the civil fine; or property which was the location of an activity,
proposed use, delivery of city services or other circumstances which resulted in the civil fine.
a) Prior Voluntary Payment. Prior to any assessment for unpaid fines, the City shall seek
voluntary payment of the fines by notifying the owner of the property in writing of
the fine imposed.
b) Assessment Procedure. The unpaid civil fine and late fees, including the certification
fee, together with interest thereon at the maximum lawful rate permitted under
Minnesota Statute, Chapter 429, against said lot or parcel of land, together with a
description of the premises and the name of the supposed owner, shall be certified to
the County Auditor’s Office and shall be collected in the same manner as taxes and/or
special assessments against the premises. The charge shall be a perpetual lien on the
premises until paid. Prior to the certification to the County Auditor’s Office, the
owner shall be given a written notice of the proposed assessment and be provided an
opportunity to be heard before the City Council.
c) Certification Fee. A $50.00 charge will be added to all accounts certified to the
County Auditor’s Office for collection. This fee is to be considered separate and
distinct from any penalty or interest that may be charged by the County as a result of
the certification.
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