HomeMy WebLinkAbout936 - ADMIN Ordinance - City Council - 1965/02/01ti
•
0rir.;in 1
JANUARY 18, 1965
7L
ORDINANCE NO. 93G
AN ORDINANCE ESTABLISHING AN ORDINANCE VIOLATIONS
BUREAU FOR DISPOSING OF VIOLATIONS OF ORDINANCES
RELATING TO BUILDING CONSTRUCTION, OPERATION OR
MAINTENANCE; FIRE AND FIRE PREVENTION, PUBLIC
HEALTH AND SANITATION: ZONING
THE CITY OF ST. LCUIS PARK NOES ORDAIN:
Section 1. The Ordinance Violations Bureau shall be established
and conducted as follows:
Section 1:2000 Establishment. The Ordinance Violations
Bureau of St. Louis Park is hereby authorized and established. The, Ordinance
Violations Bureau shall be conducted and operated in accordance with rules
adopted by the Hennepin County Municipal Court in accordance with Chapter 493
Minnesota Statutes, Chapter 251, Laws of 1961, to assist the Court in dis-
posing of violations of ordinances relating to building construction, operation,
or maintenance; fire and fire prevention, public health and sanitatinn ; and
zoning.
Section 1:2031 Procedure. The Clerk of the said Court
shall be the ,.oirector of the Ordinance Violations Bureau and may assign sub-
ordinates in his office to perform the work of the Ordinance Violations Bureau
under his direction. The Court shall designate the hours when the Ordinance
Violations' Bureau is to be open and the Ordinance Violations Bureau shall be
located in the City Hall. Such ordinance violations shall be disposed of as
provided in Minnesota Statutes, Section 492.04 and acts amendatory thereof.
Section 1:2302 Records, .Fines and Funds. The Ordinance
Violations Bureau shall keep a record of all cases of violations brought before
it, including their final disposition, anct also a record of the collection and
disposition of all fines. Fines and other moneys collected by the Bureau shall
be disposed of in the same manner as if guilt had been determined in Court.
The Ordinance Violations Bureau shall submit aumrnarized reports at least
monthly, to the Court and City Clerk of all complaints processed by the
Ordinance Violations Bureau, of all fines collected by it, and of all the final
disposition and present status of every case under its jurisdiction. Such
additional records and reports shall be made, filed and kept as shall be pre-
scribed by the court.
•
A
Section 1:2003 Authorization to Issue Tickets. The City Council
hereby confers the power and authority to issue and serve a written or printed
entice, hereinafter referred to as a tag, upon persons charged with ordinance
violations, upon the Fire Chiei, Health Officer, Sanitarian, Building Inspector,
the Supervisor of .Protective Inspection, Zoning Administrator, and all duly
appointed, qualified, and acting inspectors of the several departments of the
City charged with enforcing the ordinances referred to in Section 1:2000 hereof,
provided, however, no inspector shall arrest or otherwise take a violator into
custody. Such tag shall be served upon the person creating the violation, the
owner, lessee, or person in charge of the premises alleged to be in violation.
Section 12004 Contents of Tag. As used herein the term "tag"
means a written or printed notice served upon the person charged with a
violation. Such tag shall be in a form to be approved by the Court and shall
contain the following:
(a) The name and address of the person creating the violation or
the owner or person in charge of the premises at which the
violation occurs.
(b) The date and place of violation.
(c) A short description of the violation followed by the number
and section of the ordinance violated.
(d) The date and place at which the tagged person shall appear
and a notice that if the person tagged does not respond to the
tag a warrant may be issued for such person's arrest.
(e) That the person charged may be represented by counsel,
that he may plead guilty or not guilty, and that he has a
right to a court hearing.
(f) Such other information as the Court may specify.
All tags issued pursuant to the terms of this ordinance shall be numbered. No
tag shall be cancelled after issuance except by the court.
Section 1:2005 Payment of Fines. After the service of the tag and
within such time as shall be fixed by court rule, the person alleged to be responsible
for the violation, or his attorney or agent, shall report to the Ordinance Violations
® Bureau and may then and there enter a written plea of guilty and pay the fine
prescribed by court rules or such person may plead guilty and request a court
0 appearance, or may plead not guilty and be assigned a date for a court appearance.
-2-
Section 1:2006. Failure to Appear. 1f the person charged with the
iolation does not appear at the bureau within the time and in the manner specified
by court rule, the Clerk of Court, with the assistance of the Law Department shall
cause a complaint to be prepared, which complaint shall be signed by the issuer
of the ticket, and a warrant issued for the arrest of such person and his appearance
in court.
Section 2. This ordinance shall take effect fifteen days after
its publication.
Adopted by the City Council February 1, 1965.
Attest:
'City Clerk
Reviewesi for administration:
T
Approved as to form and legality:
City Manager City Attorney
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• S TA TE OF,INNESOTA MUNICIPAL COURT
COUNTY OF HENNEPIN FIFTH DIVISION, CITY OF ST. LOUIS PARK
BUILDING CONSTRUCTION
FIRE AND FIRE PREVENTION
PUBLIC HEALTH SANITATION
ZONING VIOLATIONS ORDINANCE BUREAU ORDER
VIOLATIONS BUREAU ESTABLISHED:
Under and pursuant to Ordinance No. 936 adopted by the City Council of the City
of St. Louis Park on the 1st day of February, 1965, there is hereby established
by this order, signed by the Senior Municipal Judge of the Hennepin County
i'.unicipal Court of the City of St. Louis Park, an Ordinance Violations Bureau,
as an auxiliary agency of said court, for the purpose of processing and disposing "
certain violations of the lal.vs of the State of Minnesota and of the ordinances
of the City of St. Louis Park in respect to the regulation and control of ordinances
relating to building construction,, operation or maintenance; fire and fire pre-
vention, public health and sanitation; and zoning. Effective Monday, March 1,
1935 the Ordinance Violation Bureau shall be located in the City Hall and shall
•be open for business from 3:00 o'clock a. m. to 4:30 o'clock p. m. each day,
except Sundays and holidays and except Saturday on which day it shall be open
from 3:00 A. M. to 12:00 F. W.
THE JURISDICTION OF THE BUREAU:
The Ordinance Violation Bureau shall, if the defendant consents, be authorized
to process and dispose of cases involving pleas of guilty to such violations
cornu -pitted within the City of St. Louis Park and for offenses specified in
Appendix A attached hereto and as hereafter amended. All other cases as well
as cases involving pleas of not guilty, shall require the defendants' personal
appearance at open court.
DIRECTOR OF BUREAU:
The Clerk of Court or his duly authorized agent or agents shall be the Director
of the Ordinance Violation Bureau. Consistent with the provisions of this order
and the applicable ordinances and statutes, the Director shall be authorized
to establish office procedure and to assign duties to the personnel under his
supervision.
CONTROL OVER CODES SUMMONS BOOKS:
The director of the Violation Bureau shall have exclusive possession
and control over all books of codes complaints and summons issued to police
officers, the fire chief, health officer, sanitarian, building inspector,
supervisor of protective inspection, zoning administrator and all duly
appointed qualified and acting inspectors of the several departments of the
City charged with enforcing the ordinances referred to in Section 1:2000
through Section 1:2006 inclusive of the Code of Ordinances of the City of
St. Louis Park; and shall secure receipts from all officers to whom such
books are issued. It shall be the duty oi. the Director to keep a record of the
disposition of every such book and none shall be outstanding in the hands
of an authorized officer for more than three (3) months without being accounted
for by such officer.
PROCEDURE: ON PLEA OF GUILTY TO CODE VIOLATIONS:
In, the event a defendent is charged with an offense outlined in Appendix A
hereof and a warrant has not been issued he may within five (5) days of the
time such summons is issued appear at the Violation Bureau, pay the
Count of the fine prescribed in Appendix A, and authorize the Director of
Violations Bureau to enter his appearance, plea of guilty, and
hearing on the form hereinafter set forth. Such payment and authorization
ofiver
shall be a final disposition thereof.
APPEARANCE, PLEA OF GUILTY AND WAIVER:
This form shall read:
"I have been informed of my right to a trial and to counsel,that my signature
of a plea of guilty will have the same force and effect as a judgment of the
court. I do hereby authorize the Director of the Codes Violations Bureau;
1, To enter my appearance on the complaint of the offense charged on the
other side of the ticket; 2. To enter my plea of guilty to said offense as
charged; and 3. To waive my right to a hearing by the court; and I herewith
pay the penalty prescribed for the offense. "
DEFENDANTS TO BE INFORMED OF THEIR RIGHTS:
Defendants who appear at the Bureau shall be informed that they may be
represented by counsel, that they may plead guilty or not guilty, and that
they have a right to a hearing in court and a jury trial and that a plea of
�uilty will have the same force and effect as a judgment of the court.
• CASES REQUIRING A COURT APPEARANCE. PROCEDURE:
The .iirector of the Violations Bureau is hereby required to, and shall keep
a record of offenses and convictions either as a judgment of the court or by
appearance, plea of guilty and waiver. Such record shall be kept active for
a period of twelve months from the nate of judgment of conviction by the
court or appearance, plea of guilty and waiver. If such judgment of con-
viction by the court or appearance, plea of guilty or waiver for an identical
offense exists in the preceding twelve month period from the date of issue
noted on the front of the ticket the ciefendent shall be required to appear in
court.
.;
Defen::aats who are required to appear in court, or who do not wish to enter
a plea at the Bureau, or who desire to plead guilty but request a hearing in
court to present facts in mitigation of the penalty, or who wish to plead not
guilty must appear in court on the day specified on the front of the ticket.
In cases involving a plea of not guilty, or a plea of guilty with mitigating
circumstances, the Director shall advise the law department and the police
department or other department of the nate of hearing so that the arresting
offi,:er and other witnesses may be _present. A defendant who pleads not
guilty may at any time before the trial appear at the Violations Bureau,
11,hange his plea to guilty and pay the prescribed fine without additional penalty
if it is the type of ..ase in which the Bureau has authority.
PENALTY FOR FAILURE, TO RESPOND BEFORE WARRANT:
In the event the fifth day following the issuance of a ticket falls on a Sunday
or holiday, the defendant may without penalty respond to the ticket on the
next business day following such Sunday or holiday. If the defendant fails
to respond within the prescribed time, but does respond before a warrant
is issued there shall be added to the fine, the Violations Bureau shall
collect $5.00 more than the amount set in Appendix A.
NOTICE: WARRANTS FOR ARREST:
If a defendant charged with a violation does not -omply with the procedure
set forth on the face of the ticket within the prescribed time or if a defendant
charged with having failed to respond to the ticket further fails to respond to
the notice the Clerk of Court or his agents with the assistance of the law depart-
ment shall obtain a complaint from the officer and shall issue a warrant for
the arrest of the defendant.
so
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•
ADDITIONAL DUTIES OF THE BUREAU:
The Director of the Bureau shall represent in court every violator who has
executed the required form permitting him to do so; shall enter the date of
the appearance on the court docket; shall keep records and submit to the
court,and city Clerk summarized monthly reports of all complaints processed
by the Bureau, of all fines collected by it, and of the final disposition or
present states of every case under its jurisdiction. Such records shall be
so maintained as to show all types of violations and the totals of each and
shall be public records. Fines, costs and other receipts of the Bursae
shall be disposed of in the same manner as similar receipts of the court not
resulting from Bureau operations.
FORM OF TAG:
The form of the violation tag or summons and complaint to be issued in
making charges for the violation of statutory law or ordinance adopted by
the City of Minneapolis for ordinance code violations as amended for the
purposes of the City of St. Louis Park as illustrated in Appendix B attached
is hereby approved.
• Dated tie 1st day of March, 1965 by the Court.
Municipal Judge
I hereby certify that this is a true and correct signature of Elmer R. Anderson
,
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#
AFFIDAVIT OF PUBLICATION
St. Louis Park Dispatch
12 Suburban Square
SIatt' of Ninny -4)1a
County of Ilennepin }SS
JOII\ L TILTO, being dull scorn on oath sot's that he roc is and during all the time here-
in stated has been JOHN E TILTON the publisher and printer of the newspaper
knot n ,ds the -1 I oma Park Dispatch and has full knoutedge of the facts herein stated
1 hat fo- more than one year immediately prior to the publication therein ul the printed
Ordinance
hereto ot,uched said ncuspaper uas printed and published In the English language from Its
known elite, of public,unn authtn the County of Hennepin State of Minnesota. on Thursday of
ich w ick in column and sheet form equltnlcnt Ir space to 450 running Inches of single column
"so inches tide has been Issued from a known office established In snid place of publication
'rtoipl^d with sl.dltd ttorkmen and tie necessary material for preparing and printing the some
PIIF S9 1OUI' 1'AItK DItiPATCH has had In Its makeup not leas than t %enly five percent
o' its nut, column deselect to local news of Interest to sold community It purports to serve. the
press work of uhtch hos been done in Its said knouts place of publication. has contained general
nett, com tit its ,ind rnlscellarn ha- not duppl sated any other publication has not been entire -
1t riled( t , of pttents plate matter and adsertfsements has been circulated at and near its
sold pl ice of public itinn to the crtent of 240 cop'ea regularly delivered to paying subscribers
s peen eniertd is second class mall matter In local post office o! its said place of pub
Sh,-c tion mat there has been on file 1n the office of the Counts Audi it cf said county the
11,0 of a person hating first hold knowledge of the facts constituting Its qualifications as
•les, splpt r foe public, Inn of legit no',ces and that Its publishers hate complied with al.
errands of mid Count% Auditor for proofs of its said qualification A copy of each issue has
been filed with the State Historical Society St Paul
That the printed
ordinance
h, rete nttrcherl as a part hereof uas out from the columns of said newspaper• was published
thtrcm In the English language once a week for j
first so published on the
the- t lite- on
dot of
alph dict Ouch
'Inn of said
4th
successive weeks that It ins
day of Beb•
of each week to and Including the
165 and
19 and that the follouing is a copy of the loner case
u dcknnwledgtd to hate been the size and kind of type used m the publico
Subscribed ind swnrn to tit fore me thus 14th
dos of
Publlaher
Feb. t iS 65
Tho•nas D Williams Irotnry Public Ilennepin County Idlnn
My Commission Expires June 16 1969
Hopkins, Minnesota
(official PabUcat.oa)
I JANUARY 18. 1985
ORDINANCE NO. 938
AN ORDINANCE EBTABLIBH-
IIUNsA itUlt AU it Mayo .
INO OF VIOLA OF ORD •
N,INCES RELA ,�p BUILD•
MG CONBTSULOeOPERA-I
CE• FIRE
024 FL E.
ATION
ii1S Park
d Sh.
Rance Viola -
,established
tabilshment.
pmts@ Bureau
of St hereby ea
thor : .T, • �. ,:. The Or-
dlnancel r - .1 Bureau shall
Ibe condueto(1s6nd•QMrated In tic
cordence twllth; rules adopted by
1the Hennepin County Municipal
Court Int accordance %Ith Chapter
493 Minnesota Statutes, Chapter
251. Laws of 1961, to asalst the
!Court In disposing of violations of
ordinances relating to building
ltene�mf(ire and fire) preventiott
public health and Barltatlon. and
Izoning.
Section 1 2001 Procedure. T h e
Clerk of the said Court shall be
'Clerk
Director of the Ordinance
Violations Bureau and may as -
'sign subordinates In his office to
perform the work of the Ordi-
nance Violations Bureau under
his direction The Court shall
'Ordinance Violations Bureau Is to
land Bureautshab bealocatedlin
the City Hall Such ordinance via
,pprovidedsinu Minnesota Statutes,
!Section 492 04 and acts amenda•
torn thereof
' Section 1 1882 Reeoida, Fines
' and Funds. The Ordinance Viola
'tion, Bureau shall keep a record
of all cases of violations brought
' before it. including their final die -
position, and also a record of the
1 collection and disposition of all
I fines Fines and other moneys col-
'
iected by the Bureau shall be
Idisposed of In the same manner
as if guilt had been determined
On Court. The Ordinance Viola
tions ,Bureau shall submit sum-
marized reports at least month-
!I)
onth•d1) to the Court and CIU' Clerk
o' all complaints processed by the
of
alldtfinesecollectednbyB11.eand of
' all the final disposition and pres
ent status of every case under
IIts )urlsdlcUon Such additional
records and reports shall be
made. filed and kept as shall be
prescribed by the court.
' Section 1 2003 Authorisation to
Issue Tickets The City Council
Ihereby confers the poser and au•
thorlty to Issue and serve a writ-
ten or printed notice. hereinafter
referred to as a tog upon per.
sons chargeeod %Ith ordinance vto-
Health Officer, n the Build
Ing -Inspector., the Supervisor of
Protttctive-+inspection. Zoning
and all acting to
TION OR
ASD .FIRBoPRE
LIC HEALT
THE!«v. •.:
DOES 0'I'
Seen
tions 3 �tt
and sen•-• -
Sectio •
The
several depart
City charged with
_aneva rtferr�ed•
--no Inspector shall
arrest or otherwise take a viola
tor Into custody Such tag shall
be served upon the person creat
Ing the violation. the ow•n^r, les d
see or person In chorea of that
premises alleged to be In viola-
tion
As
Sectioused n 1 2004 Con
the tents
term ;treat
Tato;
hercln g
means o written or printed notice
served upon the person charged
•Illi a violation Such tag shall
be in a form to be approved by
the Court and shall contain the
following
tot The thepnraomn creating the addressvio-
lation or the owner or per-
son in charge . of the pre-
mises at %hien the violation
occurs
(b) Thedate and place of %1a
lotion
the
(el vvA iolationn follow ef7t1d aby of t !) e
number and section of untag
ordinance violated. d
(d) which date e tagged place person
shall
'1 appear
persa
notice
the ontagged
"docs not respond to the tag
.�—o warrant may be issued
forstperson s errert.
(0)
That the person charged
press ,o -k of which has been done In Is said known place or publication has contolneo genera
new. coin urns and miseellan. ha- not du 1 Gated ony other publication has not been entire
It mide i.,• of p lents plate matter and ad%erusements, has boon circulated of and near Its
slid pl,ec of publlc.,tlen to the extent of 240 copies regularly delivered to paying subscribers
�
been entered as sec,nd class mall matter In local post office of Its said place of pub -
tion lint there has been on file 1n the office of the County Audl'nr of said county the
ins it of a person hosing first hand knowledge of the facts constituting Its qualifications as
iewspaper for publication of legal not'ces and that Its publishers hale complied with all
anrls of said Counts Auditor for proofs of its said qualification A copy of each Issue has
been filed with the State Historical Society St Paul
That the printed
ordinance
hi rein attached as a part hereof was cut from the col1 mns of said newspaper. was published
therein In the English language once a week for successive weeks that it was
first so published on the 4th
then lfter on
das of
day of rob •
of each week to and Including the
, 165 and
19 and that the following Is a copy of the lower case
e 1pin, bet .. mch le acknowledged to have been the size and kind of type used m the publics
'Ion of said
Subscribed and sworn to before me this 4th
Publlsher
��
day of r�• � f.; 1s -65
-- • �✓
Tnomadh Williams. Notary P ubs.c, Hennepin County Minn
My Commlaslon Expires June le, 1969
1 e
Vlolatlons Bureau and may as.
(
sign subordinates In his office to
perform the work of the Ordl•
nonce Violations Bureau under
hu � �
, direction. Court shall
designate the Thur s when the
Ordinancendlothe OrdinnancetiViolo
,tions Bureau shall be located in
th
1e lon8lty shall Such
disposed of
provided in Minnesota Statutes,
' Section 492.04 and acts amends-
tory there0f
Section 1.2002 Reeoids, F (n 8 1
and Funds. The Ordinance Viols-
itons Bureau shall keep a record
of all cases of violations brow
:before it, tncbtdlpg their Mal
position. and also a record of
,collection and •dtspoettton of all
fines. Fines and other moneyya col.
Ilected by the -Bureau OM,be
disposed of In the same ,mstner
as if guilt had been determined
lin Court T'!y Ordinance Viola-
tlons-,Bureau hall ubmit,,sum.
merited ■ at, least month.
I(), to the Court and City Clerk
of 911 complil is processed by the
,Ordinance, Violation aureeu, of
all tines eollllegoled by it, and 01
' all the flnal dlapoaitlllon and prep•
ent status• of, every case' under
Ina jurisdiction. reports
additional
records
de. Medd and kept as ails» be
, prescribed by the court.
Section 1 2003 Authorization to
lissae Tickets. The City Council
thorny to issue and serve a writ.
hereby confers thr power and au.
ret
ten or , to tedu nota taiceg., hereinafteruponper•
i sons_ charged with ordinance via
tam, . upon the Fire Chief:
Health, 0!908?Sanftarinn Build-
p__LUIS ion. Zoning� t� y
"•
r? QQ�.... ' 6andd actingcstnn...
. J••• 'j„w%t y t e.- uteveral, depart
¢arc�hheasrged' wpiithh
vrolded, a,'�' • Walde
�arreat O110 ^' se t� 0 0
be sertor incustody.
npOn the person Mat.
' Ing the violation the own^r les-
see. or person in charge of the
remtsee alleged to be 1n viola•
ion.
Section 1•2004 Contents 0f Ta;.
As used herein the term tag
means a written or printed notice
served upcn the person charged
' nits. a violation Such tag shall
Ibe In a form to be approved by
the Court and shall contain the
totlowln8
tal The name and address of,
1het parson ng v10r•
-
•
IaUon or thcreatie owner, or, pe
'a nutn ''01 Wthee
muco at which the viola Orsi
occurs.
i Ib) The date and pia Of4440L4
v• a0folt,I
- violation lowedby- t a l
. number and section of t 196
ordinance violated. Dn1
ld) ineh, theee °t°oggedlsperson
• thhattt Uether personOt
t
does not respond the,
1; deo! may_ Ileto
10? such person's arrest.
the penton charged
In a y be represented, by(e) That
counsel. that he, may plead
Bu11ty_ or not, guilty. and
i that he- has, a right to a
court hearing.,. ,
(fl Such other infotmatio-n as,
the Court may spe0ify 7
I, All tags issued _pursuantto the
, terms o this ornanee shall be
, numbereJ. No tag shall be can•
celled .,after y1uanee exeept by,
I.Vee court
-, Section 1 260 m51 P a y e p t '0I
Fines. After the service of .the
, tag and within such time as shell
be 11x0.1 by court rule the person
1, alleged to be responsible for the
Iviolation. or his attorney or agent,
shall report to the Ordinance
Violations Bureau and may then
and—there enter a writtenplea
of guilty and request a court ap-
pearance or may plead not guilty
and be assigned a nate for, a
court appearance
5001(0n 1 2008 Failure to Ap-
pear. If the person charged with
the violation does lint apDpear at
the bureau within the t4M and
In the manner specified by court
rule. the Clerk of Court with the
assistance of the Law Department
shall cause •a complaint to be
beepsigene which thIscomplaint,
uer ofakall
t�he
ttlleecket. and a warrant Issued !Or
the arrest of such person and
, his appearance In court
Section 2. This 016101neo shall
lake effect fifteen days atter its
p Adopted by the City CeunW r,
February 1, 1983
(S) x.rtn4'ETH woLs7s
RRr
f Approved it to form Bbd lgeg t9 '
` , s at7 A torney,
(51 »»ARL E' NANSON 1 ” ' ",- yi
It�tyclerk 5 , • Z.�,
a,rlewed 10? srdmintetratlon: -�.
C- Djt. 8 Feb. 4: 1965).—D4Ats ,,,,c;;;,,
;K
• 1
•
I ' •••SY.
ORDINANCE NO.
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076
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