HomeMy WebLinkAbout[08a] Ordinance 104 Amendment
8(a)
Council Agenda Item
MEETING DATE:
November 20, 2017
AGENDA ITEM:
Ordinance Amendment
SUBMITTED BY:
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION:
When the Staff was updating the parking fees from the last
Council meeting it was discovered that the enabling Ordinance for penalties and fines also needed to be
updated. Therefore, the proposed amendment changes the language so that the terms of penalties and
fines will be established by Appendix A which also includes the fee amount.
In 2017 the Legislature changed the provisions as to how Ordinances are amended. The City must now
post notice of the proposed Ordinance Amendment 10 days prior to the governing body taking action on
the amendment. The City will be allowed to use the website for this notice. Formal action on this
Ordinance will occur at the first meeting in December.
BUDGET/FISCAL IMPACT:
ATTACHMENTS:
Redlined Ordinance 104
Resolution 2017-063 Amending Ordinance 104
REQUESTED COUNCIL ACTION:
Informational only
Resolution 2017-063
Amending Ordinance 104
Penalties and Fees
The City Council for the City of St. Joseph HEREBY ORDAINS
That Section 104.05, Subd. 11 (A) of the St. Joseph Code of Ordinances is hereby amended as
follows:
A.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 the pre-conference hearing and
hearing pursuant to this Article. A late payment fee, include the timeframe for which
payment must be received will be designated by the City Council in Schedule A of
the City Code.
This Ordinance was approved by the majority of the City Council on this day of
, 2017 and shall become effective upon publication.
Rick Schultz, Mayor
Judy Weyrens, Administrator
This amendment was published in the St. Joseph Newsleader on , 2017.
CHAPTER I – GENERAL PROVISIONS
ORDINANCE 104 PENALTIES AND FEES .................................................................... 104-1
Section 104.01: PETTY MISDEMEANORS .............................................................. 104-1
Section 104.02: MISDEMEANORS ........................................................................... 104-1
Section 104.03: NO STATED PENALTY .................................................................. 104-1
Section 104.04: PERMIT AND APPLICATION FEES .............................................. 104-1
Section 104.05: ADMINISTRATIVE PENALTIES ................................................... 104-1
Section 104.06: GENERAL REQUIREMENTS FOR CITY APPROVALS………….104-6
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CHAPTER I – GENERAL PROVISIONS
ORDINANCE 104 PENALTIES AND FEES
Section 104.01: PETTY MISDEMEANORS. Whenever an act or omission is declared
by this code to be a petty offense or petty misdemeanor, any person violating the provision, upon
conviction, shall be subject to a fine in the amount as established by Minn. Stat. ' 609.02, for
offenses defined therein as petty misdemeanors, as effective on the date on which the offense
occurred.
Section 104.02: MISDEMEANORS. Whenever an act or omission is declared by this
code to be a misdemeanor, any person violating that provision shall, upon conviction, be subject
to a fine and/or imprisonment in amounts not to exceed the penalties for offenses defined as
misdemeanors by Minn. Stat. ' 609.02, as effective on the date on which the offense occurred.
Section 104.03: 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 104.04: 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 shall be accumulated and listed in Appendix C to this Code of Ordinance,
subject to change and amendment by the City Council as provided by in the Ordinance
establishing the charge. Appendix C shall be amended by the City Clerk to reflect changes in the
charges or fees approved by the City Council.
Section 104.05: ADMINISTRATIVE PENALTIES.
Subd. 1: Purpose. The City Council determines that there is a need for alternative
methods of enforcing the City Code. While criminal fines and penalties have been the most
frequent mechanism, there are certain negative consequences for the City and the accused. The
delay in the criminal justice system does not ensure prompt resolution, citizens resent being
labeled criminals for violating administrative regulations, the high burden of proof and potential
incarceration are not appropriate for many Code violations, and the criminal process does not
always regard City Code violations as important. As a result, the City Council finds the use of
administrative citations and imposition of civil penalties is a legitimate and necessary alternative
enforcement method, which will be in addition to any other legal remedy that may be pursued for
Code violations.
In order to provide more flexibility in addressing City Code violations on an individual
basis that will be more effective, the City Council finds that an alternative enforcement process is
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necessary. Therefore, 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: Administrative Offense. An administrative offense is a violation of any section
of this Code, except traffic violations, when one performs an act prohibited, or fails to act when
the failure is prohibited, and is subject to the penalties set forth in this Code and the City’s
penalty schedule.
Subd. 3: 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
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. 4: 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 area categorized as property violations,
non-property violations or parking 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 (8) 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.
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Subd. 5: Authority to Issue Compliance Letters and Administrative Citations, Property
Violations. The following City employees and agents are authorized to issue compliance letters
and administrative citations for violations of the City Code:
a.Licensed Peace Officers, or Reserve Officer
b.Building Official
c.Zoning Administrator
d.Fire Marshall/Fire Chief
e.Public Works Director
The compliance letter notice shall state the nature, date, and time of the violation, the name of
the official issuing the notice, the amount of the scheduled initial penalty and any applicable
charges. Such notice shall be served upon the violator by regular mail sent to the last known
legal address or by personal service.
If compliance is not achieved by virtue of an order to correct, the official is authorized to issue
and administrative citation. An administrative citation shall be presented in person or by mail to
the person responsible for the violation. The citation shall state the date, time, and nature of the
manner for paying the fine or appealing the citation by requesting a hearing.
Subd. 6: Authority to Issue Compliance Letters and Administrative Citations, Parking
Violations. Upon reasonable belief that a parking violation has occurred, a parking ticket will be
issued pursuant to Chapter Eight of the City Code.
Subd. 7 Authority to Issue Compliance Letters and Administrative Citations, Non
Property Violations. Upon a reasonable belief that a non-property code violation has occurred,
and administrative citation may be issued by a police officer or by an official designated in Subd.
5 of this Section. Service shall be in person or by mail. The citation shall state the date, time
and nature of the offense, the name of the official issuing the citation, the amount of the
scheduled fine, and the manner for paying the fine or appealing the citation by requesting an
administrative hearing.
Subd. 8. Civil Fines. The administrative offenses detailed in Subd. 4-7 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, 170, 171, and 609.
Subd. 9. 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 officials shall adhere
to this schedule of fines in issuing administrative citations pursuant to this section.
Subd. 10: 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 Assistant City Attorney
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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.
Subd. 11: Fee for Late Payment of Civil Fine.
A.A late payment fee, of ten percentas established by the City Council, of the civil fine
amount 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 20 days after issuance of the administrative citation or fails to timely
request the pre-conference hearing and hearing pursuant to this Article. A late
payment fee, including the timeframe for which payment must be received will be
designated by the City Council in Schedule A of the City Code.
B.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 resolution and
included in Schedule A of the City Code. 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. 12: Pre-conference hearing. After a violator has made a request for an
administrative hearing the matter will be scheduled for a pre-conference hearing. The pre-
conference hearing will be conducted by the City Attorney’s Office. Notice of the date, time and
location of the pre-conference hearing will be mailed to the violator. The Parking Violations
Bureau may provide oral notice of the pre-conference hearing to parking violators. The mediator
shall have the authority to:
a. mediate and enforce a settlement of the dispute;
b.determine whether a violation occurred;
c.reduce, stay, or waive a scheduled fine either unconditionally or upon compliance
with appropriate conditions.
If the dispute is not resolved through the pre-conference hearing then the matter will be
scheduled for an administrative hearing.
Subd. 13: 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 shall notify the owner of the date, time and location of
the hearing.
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
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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. 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.
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:
1.determine whether a violation occurred;
2.dismiss the administrative citation;
3.impose the schedule fine; or
4.reduce, stay or waive a scheduled fine either unconditionally or upon compliance
with appropriate conditions.
5.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.
1.the duration of the violation;
2.the frequency or reoccurrence of the violation;
3.the seriousness of the violation;
4.the history of the violation;
5.the violator’s conduct after issuance of the hearing notice;
6.the good faith effort by the violator to comply;
7.the economic impact of the fine on the violator;
8.the impact of the violation upon the community;
9.prior record of city code violations; or
10.any other factors appropriate to a just result.
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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:
1.the violation caused a serious threat of harm to the public health, safety, or welfare,
or;
2. 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.
I.Finality of decision. The decision of the hearing officer shall be final without any
further right of administrative appeal.
Subd. 14. 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. 15. Assessment of fine. Any administrative civil penalty that the independent
hearing officer imposes must be paid within 30 calendar days of the hearing officer’s order. If
no date is specified, it must be paid within 30 calendar days. If the administrative civil penalty is
not paid, the city may assess the civil penalty against the owner’s property pursuant to Minnesota
Statutes Chapter 429.
Section 104.06: GENERAL REQURIEMENTS FOR CITY APPROVALS
Subd. 1. Requirements. A license, permit, or other city approval or authorization of any
kind may be granted only to an applicant who:
a. has complied with all relevant statutory and ordinance requirements;
b. has paid all fees, charges, taxes, special assessments and other debts or
obligations that are due from the applicant and payable to the City regarding any
matter; and
c. is in compliance with all ordinance requirements and attached conditions
regarding other City approvals that have been granted to the applicant for any
matter.
Subd. 2. Waiver. The requirements of Section 104.06, Subd. 1a. and b. may be waived
within the discretion of the City Council in the following circumstances:
a. The applicant has provided sufficient safeguards to assure payment
of debts or compliance with City requirements within a reasonable
time after the City approval.
Updated 11/2013
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