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HomeMy WebLinkAbout2215-01 - ADMIN Ordinance - City Council - 2001/11/19ORDINANCE NO. 2215-01 AN ORDINANCE AMENDING PART II, CHAPTER 2 OF THE ST. LOUIS PARK MUNICIPAL CODE BY ADDING SECTION 2-204: ADMINISTRATIVE PENALTIES THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 2-204. Administrative Penalties (a) Purpose: Administrative offense procedures established pursuant to this Section are intended to provide the public and the City with an informal, cost effective and expeditious alternative to traditional cnminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring cnminal charges in accordance with law. Likewise, the City, in its discretic-i, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent cnminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. (b) Administrative Offense Defined: An administrative offense is a violation of a piovision of this Code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in subsection (h), hereafter (c) Notice: Any person employed by the City, authonzed in writing by the City Manager, shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of violation, the name of the official issuing the notice and the amount of the scheduled penalty. (d) Payment: Once such notice is given, the alleged violator may, within seven (7) days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation. The penalty may be paid in person or by mail and payment shall be deemed to be an admission of the violation. (e) Appeal: Any person who is iequired by the City to pay an administrative penalty may make a written appeal of the penalty to the City Manager, or designee, within 7 days of notice by the City of the penalty. The City Manager, or designee, will have authority to reduce the fine or determine whether the appellant is to be charged with a penalty (0 Failure to Pay: In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be biought against the alleged violator in accordance with applicable statutes. Ordinance - No. 2215-01 -2- (g) Disposition of Penalties: All penalties collected pursuant to this Section shall be paid to the City and may be deposited in the City's general fund. (h) Offenses and Penalties: Offenses which may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. (i) Subsequent Offenses: In the event a party is charged with a subsequent administrative offense within a twelve (12) month penod of paying a penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by $10 above the previous administrative penalty. Reviewed for Administration: Attest: ity Clerk Adopted by the City Council November 19, 2001 } p -Hoc 1.4 Approved as to Cl- orm and Execution: • STATE OF MINNESOTA) SS newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Gene Carr, being duly sworn on an oath states or affirms, that he is the interim publisher of the newspaper known as Sun -Sailor , or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 21 day of November , 2001, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being oe size and kind of type used in the composition and publication of the notice. abcdefghgklmnopgrstuvwxyz Subscribed and swor to r affirmed efore me on this0I / day of Qll. , 2001 JUL; d LL BY: Notald'Pubhc`^^^^^^^^'^'v" MERIDEL M HEDBLOM ? N'OTAAY PUBLIC MINNESOTA MY COI L'AISSio.1 EXPIRES 1 31 2005 11 President and Publisher RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law 4^(3) Rate actually charged $ 2.85 per line $ 6 20 per line $ 1 40 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2215-01 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE BY ESTABLISHING ADMINISTRATIVE PENALTIES PROCEDURES FOR CERTAIN VIOLATIONS OF CITY CODE This ordinance states that the City may issue administra- tive citations and charge a fine to persons violating certain provisions of the St Louis Park Municipal Code The or- dinance also calls for the adoption of an accompanying res- olution identifying those violations appropriate for this process and setting the amount of associated fines The resolution which accompanies this ordinance calls for this process to be used for the following code violations failure to remove snow from sidewalks, failure to allow ac- cess to water meters and other utilities, and violations of sprinkling restrictions The fine for each of these viola- tions will be $25 with an increase of $10 above the fine pre- viously paid per subsequent violation in a 12 month peri- od This ordinance shall take effect December 5, 2001 Adopted by the City Council November 19, 2001 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available dor in- spection with the City Clerk. (November 21, 2001)A3/Ord 2215-01 ,