7.1. SR 04-06-2009REQUEST FOR ACTION
To Item Number
Ci Council 7.1.
Agenda Section Meeting Date Prepared by
Administration A ri16, 2009 Lori ohnson, Ci Administrator
Item Description Reviewed by
Appoint Representatives to the Administrative Hearing Board
Reviewed by
Action Requested
Appoint members to serve on the Administrative Hearing Board.
Background/Discussion
Section 50-208 of the City's code states "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."
City Council should appoint two Councilmembers to serve on the Hearing Board. This item is on the
April 14 Planning Commission agenda so that the Commission can recommend a commissioner for
appointment. That recommendation will be brought back to the Council for consideration at the Apri120
City Council meeting.
Financial Impact
None.
Attachments
^ Section 50-208 of the City Code
Action Motion by Second by Vote
Follow Up
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ARTICLE V. ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES FOR CODE
VIOLATIONS*
*Editor's note: Ord. No. 08-10, § 1, adopted September 15, 2008, enacted provisions
intended for use as §§ 50-200--50-217. At the editors' discretion, these provisions have
been included herein as §§ 50-201--50-218.
Sec. 50-201. Purpose.
The city council finds that there is a need for alternative methods of enforcing the 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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-202. 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. Each day
a violation exists constitutes a separate offense.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-203. Civil penalties.
An administrative offense may be subject to a civil penalty not exceeding $2,000.00 per
day.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-204. 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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-205. Procedures.
The city may adopt written procedures for administering the administrative citation
program.
(Ord. No. 08-10, § 1, 9-15-2008)
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Sec. 50-206. 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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-207. 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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-208. Administrative hearing board.
The city council shall appoint athree-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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-209. 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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-210. 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 by mail on the person responsible for the violation at least ten days in
advance, unless a shorter time is accepted by all parties.
(Ord. No. 08-10, § 1, 9-15-2008)
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Sec. 50-211. 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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-212. 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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-213. 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.
(Ord. No. 08-10, § 1, 9-15-2008)
Sec. 50-214. 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.
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(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 $2,000.00 per day per violation and may consider any or all of the factors
contained in section 50-212. 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.
(Ord. No. 08-10, § 1, 9-15-2008)
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