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ORD 08-010• ORDINANCE NO. 08 - 10 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 50 OF THE ELK RIVER CITY CODE OF ORDINANCES TO ADD ARTICLE V OF CHAPTER 50, INCLUDING SECTIONS 50 -200 THROUGH 50 -217, PROVIDING FOR ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE ELK RIVER CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. Chapter 50 of the City of Elk River Code of Ordinances is hereby amended to add the following Article V to Chapter 50, including Sections 50 -200 through 50 -217, as follows: ARTICLE V. ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES FOR VIOLATIONS OF THE CITY CODE Sec. 50 -200 Purpose The City Council finds that there is a need for alternative methods of enforcing the City Code of Ordinances. 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 may be pursued for city code violations. Sec. 50 -201 Administrative Offenses. 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 Article V of Chapter 50 of the City Code of Ordinances. Each day a violation exists constitutes a separate offense. Sec. 50 -202 Civil Penalties. An administrative offense may be subject to a civil penalty not exceeding $2,000 per day. Sec. 50 -203 Schedule of Fines. The City Council may 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. Sec. 50 -204 Procedures. • The City may adopt written procedures for administering the administrative citation program. Sec. 50 -205 Administrative Citation. 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, or attached to the motor vehicle in the case of a vehicular offense. 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. Sec. 50 -206 Response to Citation. 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. Sec. 50 -207 Administrative Hearing Board. The City Council shall appoint a three- member Administrative Hearing Board to hear • appeals from administrative citations. The Administrative Hearing Board shall consist of two City Council members and one planning commissioner, who shall be recommended for appointment by the Planning Commission. Sec. 50 -208 Administrative Subpoenas. 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. Sec. 50 -209 Notice of Administrative Hearing. Administrative hearings shall be scheduled by the City Administrator at a time that is convenient for the Hearing Board members. Notice of the hearing must be served in person or i by mail on the person responsible for the violation at least ten days in advance, unless a shorter time is accepted by all parties. Sec. 50 -210 Conduct of Administrative Hearing. 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 weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. Sec. 50 -211 Decision and Penalties. (a) 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. (b) The Hearing Board may exercise its 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 unreasonably refused to comply with the code requirement. The Hearing Board's decision and supporting reasons must be in writing. Sec. 50 -212 Failure to Comply or Appeal. Failure to pay the administrative penalty identified in a citation, or to request a hearing within seven days after the citation, or 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. Sec. 50 -213 Appeal to City Council. (a) Any decision of the Hearing Board may be appealed to the City Council by submitting a request in writing to the City Administrator within seven days after the Hearing Board's decision. (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 Board'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 50 -211. 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. Sec. 50 -214 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. Sec. 50 -215 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; and (2) A lien 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) A lien may be assessed against the property and collected in the same manner as is taxes. • 40 (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 for 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. Sec. 50 -216 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 Section 50 -209. (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 Section 50 -213. (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. Sec. 50 -217 Applicable Laws. Where differences occur between provisions of this Chapter 50, Article V, and other applicable code sections, this Chapter 50, Article V, 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 15th day of September, 2008. Step nie Klinzing Mayor Attest: Tina Allard City Clerk GP:2444819 v1 • is AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) SS COUNTY OF SHERBURNE ) RESOLUTION 08-74 Heidi Quanrud, being duly sworn on oath says that she is the office manager of the A RESOLUTION OF THE Newspaper known as the Star News, and has full knowledge of the facts which are stated CITY OF ELK RIVER below: A RESOLUTION APPROV- ING NOTICE OF SUMMARY (A) The Newspaper has complied with all of the requirements constituting PUBLICATION OF ORDI- NANCE NO. 08-10 AN ORDI- qualifications as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 NANCE OF THE CITY OF and other applicable laws, as ammended. ELK RIVER AMENDING CHAPTER 50 OF THE ELK (B) The printed Resolution 08 -74, which is attached was cut from the columns of said RIVER CITY CODE O F ORDINANCES TO ADD newspaper news a er and was printed and published once a week for one week; it was first published ARTICLE V OF CHAPTER 50, on Wednesday, the 26th day of November, 2008, and was therefore printed and published INCLUDING SECTIONS on every Wednesday to and including Wednesday, the 26th day of November, 2008, and 50 -200 THROUGH 50 -217, PROVIDING FOR ADMINIS- printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is TRATIVE CITATIONS AND hereby acknowledged as being the size and kind of type used in the composition and CIVIL PENALTIES FOR VIO- LATIONS OF THE PROVI- publication of the notice SIGNS OF THE ELK RIVER CITY CODE OF ORDI- NANCES abcdefghijklmnopgrstuvwxyz WHEREAS, on September 15, 2008 the Elk River City Coun- cil adopted Ordinance No. 08 -10, an ordinance amending the City Code of Ordinances by 1 adding Article V of Chapter 50, entitled "ADMINISTRATIVE CITArTIONS AND CIVIL PENALTIES FOR VIOLA- TIONS OF THE CITY CODE; and Office Manager WHEREAS, Ordinance No. 08 -10 provides for the issuance of administrative citations and Subscribed and sworn to before me on the imposition of civil enaltiea 611 r; C H I M I N S K I p p this 26th day of November, 20081; in addition to any other legalm' i, ,�. °Ai�t �'li iC remedy which may be pursued, =. A", for violations of the city code of� R ti t + TA ordinances; and k -•, 5.;;an.31, 2010 WHEREAS, Ordinance No. 08 -10 further provides for the establishment of an .appeal board and an appeal process for administrative citations; and WHEREAS, a copy of the full text of ordinance No. 08 -10 is Notary Public available by standard or elec- tronic mail or for inspection at - the office of the Elk River City Clerk, regular Orono Parkway, RATE INFORMATION during regular business hours, 8:00 a.m. to 4:30 p.m., Monday through Friday; and ( ) 1 Lowest classified rate paid by $ 16.11 NOW, THEREFORE, BE IT RESOLVED, that the City commercial users for comparable space Council, by at least four - fifths (line, word or inch rate) vote, authorizes the publica- tion of the title and summary of (2) Maximum rate allowed by law for the $ 15.50 Ordinance 08 -10 and that above matter Ordinance 08-10 shall become line, word or inch rate effective upon publication of ( ) this resdlution. (3) Rate actually charged for the above $ 15.00 Passed and adopted this 6th matter day of October, 2008. Paul Mo ,Mayayox 1,497,626 (line word or inch rate) Acting ATTEST: Tina,Allard, City Clerk (N26)