5.8. SR 07-21-2008REQUEST .FOR ACTION
To Item Number
Ci Council 5.8
Agenda Section Meeting Date Prepared by
Communi Develo ment Jul 21, 2008 erem Barnhart,Plannin Mana er
Item Description Reviewed by
Code Enforcement Appeal and Administrative Fine Schedule Jeff Gongoll, Community
Develo ment Director
Reviewed by
Peter Beck, Ci Attorne
Action Requested
The Council is asked to review and discuss the attached ordinance and fine schedule. Once approved this
ordinance will establish the administrative citation procedure.
Once the Council has provided direction on the appeal process and other matters, staff and the City
Attorney will complete final review for Council approval.
Background/Discussion
In April 2008, the City Council authorized staff to develop an administrative citation procedure which
would allow the City to impose fines while removing cases from the County judicial system. To date, all
citations have been issued by the Police Department and litigated by the City's prosecuting attorney,
through the County Courts, with the fines and penalties imposed by a judge, with often less than a
desirable result.
In April, staff was directed to research and recommend a schedule of fees to be applied to violations
enforced by the administrative citation process. Attached is the proposed schedule of fines for violations.
Additionally, part of the administrative citation procedure includes an appeal process. The Council has a
couple of options with regard to establishing the appeal process, including identifying one person as a
hearing officer, or naming a hearing board, etc. Staff recommends the City Council appoint three (3) of
its members to an appeal board to process any appeals of the violations. The Council will still act as the
semi-final appeal board, short of court appeal.
.Financial Impact
Unquantifiable at this time.
Attachments
^ Code enforcement administrative fee schedule
^ Draft ordinance
Action Motion by Second by Vote
Follow Up
CODE ENFORCEMENT ADMINISTRATIVE FEE SCHEDULE
Violation Description & Administrative Penalty Amount
1. All violations of parking codes, except as otherwise noted. $ 55
2. Management of garbage and refuse for storage and collection (i.e., trash can in view) $ 55
3. Snow and ice removal (i.e., sidewalk shoveling). $ 55
4. Parking on unapproved surfaces, overweight vehicles, exterior storage, firewood. $200
5. Fencing setbacks and maintenance. $200
6. Zoning Code violations. $200
7. Junk vehicles. $200
8. Sign ordinance violations. $200
9. Nuisance -junk and debris violations. $200
10. Accessory structures $200
11. Home occupation. $200
12. Non-critical property maintenance. $200
13. Non-critical swimming pool violations. $200
14. Long grass. $200
15. Critical unsafe conditions. $500
16. Critical property maintenance. $500
17. Critical swimming pool violations. $500
18. Feces clean up. $100
19. Maximum number of animals - e.g., dogs, cats, ferrets, rabbits, horses. $ 50
20. Dwelling unit to be occupied by one family. $500
21. Vehicles displayed for sale on public street. $ 50
22. Commercial/overweight vehicle parked in residential zone. $ 50
23. Prohibited home occupation. $250
24. A late payment fee of 10% of the fine will be assessed for each 30-day period, or part thereof,
that the fine remains unpaid after the due date.
ORDINANCE 08 - _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER
SECTION xx-x "ADMINISTRATIVE CITATIONS" OF THE CITY CODE OF
ORDINANCES
The City Council of the City. of Elk River does hereby ordain as follows:
Section 1. Section xx-x titled "Administrative Citations" of the City of Elk River Code of
Ordinances add the following language:
PURPOSE.
The City Council finds that there is a need for alternative methods of enforcing the city
code. While criminal fines and penalties have been the most frequent enforcement
mechanisms, there are certain negative consequences for both the city and the public. The
delay inherent in that system does not ensure prompt resolution. Citizens resent being
labeled criminals for violations of administrative regulations. The higher burden of proof
and the potential of incarceration do not appear appropriate for most administrative
violations. The criminal process does not always regard city code violations as important.
Accordingly, the City Council finds that the use of administrative citations and the
imposition of civil penalties is a legitimate and necessary alternative method of enforcement.
This method of enforcement is in addition to any other legal remedy which maybe pursued
for city code violations.
Section xx.02 ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES.
This chapter governs administrative citations and civil penalties for violations of the city
code.
Section xx.03 ADMINISTRATIVE OFFENSES; SCHEDULE OF FINES AND
FEES.
(A) A violation of any provision of the city code is an administrative offense, which
may be subject to an administrative citation and civil penalties pursuant to this subchapter.
Each day a violation exists constitutes a separate offense.
(B) An administrative offense may be subject to a civil penalty not exceeding $2,000
per day.
(C) The City Council must adopt by ordinance a schedule of recommended fines for
offenses initiated by administration citation. The City Council is not bound by that schedule
when a matter is appealed to it for administrative review.
(D) The City Council may adopt a schedule of fees to be paid to administrative
Hearing Boards.
(E) The City must adopt written procedures for administering the administrative
citation program.
Section xx.04 ADMINISTRATIVE CITATION.
(A) A person authorized to enforce provisions of the city code may issue an
administrative citation upon belief that a code violation has occurred. The citation must be
issued in person or by first class mail to the person responsible for the violation. The
citation must state the date, time, and nature of the offense, the identity of the person issuing
the citation, the amount of the scheduled fine, and the manner for paying the fine or
appealing the citation.
(B) The person responsible for the violation must either pay the scheduled fine or
request a hearing within seven days after issuance of the citation. Payment of the fine
constitutes admission of the violation. A late payment fee of 10% of the scheduled fine
amount will be imposed.
Section xx.05 ADMINISTRATIVE HEARING.
(A) The City Council must periodically name three of its members to an
Administrative Hearing Board.
(B) Upon the Hearing Board's Own initiative or upon written request of an interested
party demonstrating the need, the board may issue a subpoena for the attendance of a
witness or the production of books, papers, records or other documents that are material to
the matter being heard. The party requesting the subpoena is responsible for serving the
subpoena in the manner provided for civil actions and for paying the fees and expenses of
any witness. A person served with a subpoena may file an objection with the Hearing Board
promptly but no later than the time specified in the subpoena for compliance. The Board
may cancel or modify the subpoena if it is unreasonable or oppressive. A person who,
without just cause, fails or refuses to attend and testify or to produce the required
documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party
requesting the subpoena may seek an order from district court directing compliance.
(C) Notice of the hearing must be served in person or by mail on the person
responsible for the violation at least ten days in advance, unless a shorter time is accepted by
all parties. At the hearing, the parties will have the opportunity to present testimony and
question any witnesses, but strict rules of evidence do not apply. The Hearing Board must
record the hearing and receive testimony and exhibits. The Board must receive and give
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weight to evidence, including reliable hearsay evidence, which possesses probative value
commonly accepted by reasonable and prudent people in the conduct of their affairs.
(D) The Hearing Board has the authority to determine that a violation occurred, to
dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled
fine either unconditionally or upon compliance with appropriate conditions. When
imposing a penalty for a violation, the Hearing Board may consider any or all of the
following factors:
(1) The duration of the violation;
(2) The frequency or recurrence of the violation;
(3) The seriousness of the violation;
(4) The history of the violation;
(5) The violator's conduct after issuance of the notice of hearing;
(6) The good faith effort by the violator to comply;
(7) The economic impact of the penalty on the violator;
(8) The impact of the violation upon the community; and
(9) Any other factors appropriate to a just result.
(E) The Hearing Board may exercise discretion to impose a fine for more than one day
of a continuing violation, but only upon a finding that the violation caused a serious threat
of harm to the public health, safety, or welfare or that the accused intentionally and the
unreasonably refused to comply with the code requirement. The Hearing Board's decision
and supporting reasons must be in writing.
(1) The failure to pay the fine or request a hearing within seven days after the
citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an
administrative hearing and is an admission of the violation. A Hearing Board may waive this
result upon good cause shown. Examples of "good cause": death or incapacitating illness
of the accused; a court order requiring the accused to appear for another hearing at the same
time; and lack of proper service of the citation or notice of the hearing. "Good cause" does
not include: forgetfulness and intentional delay.
(2) The decision of the Hearing Board is final without any further right of
administrative appeal, except for matters subject tO administrative review under Section
xx.O6. In a matter subject to administrative review under Section xx.O6, the Hearing Board's
decision may be appealed to the City Council by submitting a request in writing to the City
Administrator or designated agent within seven days after the Hearing Board's decision.
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Section xx.06 ADMINISTRATIVE REVIEW.
(A) The Hearing Board's decision in any of the following matters may be appealed by a
party to the City Council for administrative review:
(1) An alleged failure to obtain a permit, license, or other approval from the City
Council as required by an ordinance;
(2) An alleged violation of a license other approval, or the conditions attached to
the license, or approval, which was granted by the City Council; and
(3) An alleged violation of regulations governing a person or entity, who has
received a license granted by the City Council.
(B) The appeal must be heard by the City Council after notice served in person or by
registered mail at least ten days in advance. The parties to the hearing must have an
opportunity to present oral or written arguments regarding the Hearing Board's decision.
(C) The City Council must consider the record, the Hearing Board's decision, and any
additional arguments before making a determination. The Council is not bound by the
Hearing Board's decision, but may adopt all or part of the officer's decision. The Council's
decision must be in writing.
(D) If the Council makes a finding of a violation, it may impose a civil penalty not
exceeding $2,000 per day per violation, and may consider any or all of the factors contained
in Section xx.05(D). The Council may also reduce, stay, or waive a fine unconditionally or
based on reasonable and appropriate conditions.
(E) In addition to imposing a civil penalty, the Council may suspend or revoke any city
issued license, permit, or other approval associated with the violation, if the procedures in
the city code have been followed. Any hearing required in the city code for such suspension
or revocation is deemed satisfied by the hearing before the Hearing Board with the right of
appeal to the City Council.
Section xx.07 JUDICIAL REVIEW.
An aggrieved party may obtain judicial review of the decision of the Hearing Board or the
City Council in accordance with state law.
Section xx.08 RECOVERY OF CIVIL PENALTIES.
(A) If a civil penalty is not paid within the time specified, it constitutes:
(1) A personal obligation of the violator in all other situations; and
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(2) Alien upon the real property upon which the violation occurred if the property
or improvements on the property were the subject of the violation and the property owner
was found responsible for that violation.
(B) Alien may be assessed against the property and collected in the same manner as
taxes.
(C) A personal obligation may be collected by any appropriate legal means.
(D) A late payment fee of 10% of the fine will be assessed fox each 30-day period, or
part thereof, that the fine remains unpaid after the due date.
(E) During the time that a civil penalty remains unpaid, no city approval will be
granted for a license, permit, or other city approval sought by the violator or for property
under the violator's ownership or control.
(F) Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing
a license or permit associated with the violation.
Section xx.09 CRIMINAL PENALTIES.
The following are misdemeanors, punishable in accordance with state law:
(A) Failure, without good cause, to pay a fine or request a hearing within 30 days after
issuance of an administrative citation.
(B) Failure, without good cause, to appear at a hearing which was scheduled under ~
xx.05.
(C) Failure to pay a fine imposed by a Hearing Board within 30 days after it was
imposed, or such other time as may be established by the Hearing Board, unless the matter is
appealed under ~ xx.06.
(D) Failure to pay a fine imposed by the City Council within 30 days after it was
imposed, or such other time as may be established by the City Council.
Section xx.10 APPLICABLE LAWS.
Where differences occur between provisions of this chapter and other applicable code
sections, this chapter applies.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this th day of
2008.
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Attest:
Tina Allard
City Clerk
Stephanie Klinzing
Mayor
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