HomeMy WebLinkAbout[08c] Ordinance Violation Matrix
Council Agenda Item 8c
MEETING DATE: November 6, 2017
AGENDA ITEM: Ordinance Violation Matrix
SUBMITTED BY: Administration/Police/Finance
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: In 2010 the City Council adopted a Matrix for Ordinance violations. The
fee structure adopted was as follows:
st
1 Violation $ 100
nd
2 Violation $ 200
rd
3 Violation $ 300
th
4 Violation Civil
BACKGROUND INFORMATION: Over the past couple of months staff has been reviewing fees and most
recently fines for Ordinance infractions. As with the Liquor Matrix, the City has not increased fines for
over seven years and the current fine structure does not appear to be effective. For example, the fine
for over occupying a rental property is $ 100 for the first violation.
For most violations, the property owner has an opportunity to remedy the situation before they are
assessed a fine. For example, if the City is notified that someone is renting without a license, a notice is
sent providing the property owner 10 days to remedy the situation. The matter on the agenda for this
meeting is an example of such a notice. The property owners at 329 Lanigan Way were notified that
they were allegedly renting without a license. Upon receiving the notice the property owner applied for
necessary permit. In this case they did not receive a monetary fine as they resolved the situation.
Conversely, the City had a property owner at another location that received a notice the same date and
that property owner did not remedy the situation and received a Citation for $ 100.00 and will still have
to remedy the situation. This property owner paid the citation and has yet to remedy the situation. This
one is more contentious and we are working through, but he has the potential of receiving a second
situation which would then be $ 200.
There are times when a violation occurs from the first notice; however, they are provided an
opportunity to contest the fine if they so choose. A good example is a recent violation for over
occupying a rental unit. The Ordinance requires property owners to identify all the tenants living in the
residence. Recently the Police were at a residence due to a noise concern and identified all the tenants
living in the rental. In comparing the names provided to the list with the rental license there was one
too many. Rather than comply with the request to submit the accurate list of names, the property
owner provided one name and stated that he pays the rent and did not supply additional information.
The property owner was given an additional 10 days to comply with the rental license provision and
reduce the occupancy to the required numbers. In this case the City fined the property owner $ 100.00.
The Police Chief and Administrator recently meet with the St. Cloud City Attorney and City Administrator
(former City Attorney) and we discussed increasing fines and what would be an acceptable level. St.
Cloud has provided the City with a copy of their landlord accountability regulations and fee structure.
Staff is looking for direction from the City Council and how they would like to proceed with Ordinance
violations and fees.
The other fee that has become a discussion is that of parking tickets. Staff is looking to simplify the
process and collect fees quicker. Currently it takes about six months before we certify outstanding
tickets. Here is the current fee structure:
$ 20.00 Initial Parking Ticket
$ 25.00 After 10 days
$ 30.00 After 20 days
$ 40.00 After 30 days ( which is when the first letter is sent)
$ 60.00 After and additional 30 days
$ 85.00 After another 30 days (certified letter)
$ 120.00 After another 30 days and then sent to revenue recapture (State Refund)
Staff is proposing to follow the schedule of Waite Park
$ 20.00 Initial Parking Ticket (WP charges $ 10.00)
$ 60.00 After 10 days
$ 90.00 After 20 days
$ 120.00 Revenue Recapture after 30 days.
BUDGET/FISCAL IMPACT: TBD
ATTACHMENTS: Landlord Responsibility Ordinance
St. Cloud Fee Structure
REQUESTED COUNCIL ACTION: Provide direction to staff