HomeMy WebLinkAbout2420-12 - ADMIN Ordinance - City Council - 2012/08/20ORDINANCE NO. 2420-12
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE RELATING TO ADMINISTRATIVE PENALTIES
AMENDING SECTION 1-14 AND APPENDIX A
OF THE ST. LOUIS PARK CITY CODE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Section 1-14 and Appendix A of the City Code are hereby amended as
follows:
Sec. 1-14. Civil Penalties.
(a) Purpose.
(d) Payment Once such notice is given, tho alleged violator may, within seven days of tho
..dmiss,onofthe. olation
(e) Appeal Any person who -is iced by the city to pay an admmistratrvo penalty may
make a written appeal of the penny to the ckty manager, or dosignee, within days of
Ordinance No. 2420-12
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(a) 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
mechanism, there are certain negative consequences for both the city and the accused. The delay
inherent in that system does not ensure prompt resolution. The higher burden of proof and the
potential of incarceration do not appear appropriate for most Code violations; and the criminal
process does not always regard city code violations as being 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 that may be pursued for city code violations.
(b) Alternative methods of enforcement.
(1) The administrative hearing process provided for in this Article shall be in addition to
any other legal or equitable remedy available to the city for city code violations.
(2) The city may initiate a civil enforcement action to obtain code compliance before,
during or after an administrative enforcement proceedings.
(3) If the final adjudication in the administrative penalty procedure is a finding of no
violation, then the city may not prosecute a criminal violation in district court based on
the same set of facts. This does not preclude the city from pursuing an administrative
penalty or a criminal conviction for a violation of the same provision of the City Code
based on a different set of facts. A different date of violation will constitute a different
set of facts and a separate offense.
(c) General provisions.
(1) A violation of a provision of the city code or a violation of the terms and conditions of
a city approval, including permits and licenses, required and granted under this code is
an administrative offense that may be subject to an administrative citation and civil
penalties. Each day a violation exists constitutes a separate offense.
(2) An offense may be subject to a civil penalty not exceeding $2000.00 per separate
offense.
Ordinance No. 2420-12 -3-
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(3) The city council will adopt by ordinance a schedule of fines for offenses initiated by
administrative citation. The city council is not bound by the schedule when a matter is
appealed to it for administrative review.
(4) The city council may adopt a schedule of fees to be paid to administrative hearing
officers for his or her services.
(d) Administrative citation.
(1) 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. If the city seeks to impose more than one fine for a continuing
violation, a separate citation shall be issued for each violation date.
(2) The person responsible for the violation must either pay the scheduled fine or request a
hearing within ten, calendar 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 in accordance with section 1-14(h).
(e) Administrative hearing.
(1) The city council will periodically approve a list of attorneys licensed to practice law in
the State of Minnesota, from which the city manager will randomly select a hearing
officer to hear and determine a matter for which a hearing is requested. The accused
will have the right to request no later than five calendar days before the date of the
hearing that the assigned hearing officer be removed from the case. One request for
each case will be granted automatically by the city manager. A subsequent request
must be directed to the assigned hearing officer who will decide whether he or she
cannot fairly and objectively review the case. The city enforcement officer may
remove a hearing officer only by requesting that the assigned hearing officer find that
he or she cannot fairly and objectively review the case. If such a finding is made, the
officer shall remove himself or herself from the case, and the city manager will assign
another hearing officer. The hearing officer must not be a city employee. The city
manager must establish a procedure for evaluating the competency of the hearing
officers, including comments from accused violators and city staff. These reports must
be provided to the city council.
(2) Upon the hearing officer's own initiative or upon written request of a party
demonstrating the need, the officer 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 and for paying the fees and expenses of a witness in accordance with the
same rules governing civil lawsuits in state court. A person served with a subpoena
may file an objection with the hearing officer promptly but no later than the time
specified in the subpoena for compliance. The hearing officer 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 distract court directing compliance.
Ordinance No. 2420-12 -4-
(3) Notice of the hearing must be served in person or by mail on the person responsible for
the violation at least 10 calendar 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 will not apply. The hearing
officer must tape record the heanng and receive testimony and exhibits. The officer
must receive and give weight to evidence, including hearsay evidence, which possesses
probative value commonly accepted by reasonable and prudent people in the conduct of
their affairs.
(4) The hearing officer has the authonty to determine that a violation occurred, to dismiss a
citation, to impose or modify (increase or decrease) the scheduled fine, and to modify,
stay, or waive a scheduled fine either unconditionally or upon compliance with
appropriate conditions. When imposing a penalty for a violation, the hearing officer
may consider any or all of the following factors:
a. The duration of the violation;
b. The frequency or reoccurrence of the violation;
c. The seriousness of the violation;
d. The history of the violation;
e. The violator's conduct after issuance of the notice of hearing;
f. The good faith effort by the violator to comply;
g. The economic impact of the penalty on the violator;
h. The impact of the violation upon the community; and
i. Any other factors appropriate to a just result.
(5) The hearing officer's decision and supporting reasons must be in writing.
(6) Except for matters subject to administrative review under subsection (f) Appeal to City
Council, the decision of the hearing officer is final without any further nght of
administrative appeal.
(7) The failure to attend the hearing constitutes a waiver of the violator's rights to an
administrative hearing and an admission of the violation. A hearing officer may waive
this result upon good cause shown. Examples of "good cause" are: 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.
(f) Appeal to City Council.
(1) The hearing officer's decision in any of the following matters may be appealed by a
party to the city council for administrative review by submitting a request in writing to
the city clerk within 10 calendar days after the hearing officer's decision:
a. An alleged failure to obtain a permit, license, or other approval typically granted by
the city council as required by an ordinance;
b. An alleged violation of a permit, license, other approval, of the conditions attached
to the permit, license, or approval, that was granted by the city council; and
(2) The appeal will be heard by the city council after notice served in person or by
registered mail at least 10 calendar days in advance. The parties to the hearing will
have an opportunity to present oral or written arguments regarding the hearing officer's
decision.
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Ordinance No. 2420-12 -5-
(3) The city council must consider the record, the heanng officer's decision, and any
additional arguments before making a determination. The council is not bound by the
hearing officer's decision, but may adopt all or part of the officer's decision. The
council's decision must be in writing.
(4) If the council makes a finding of a violation, it may impose a civil penalty not
exceeding $2,000.00 per violation, and may consider any or all of the factors contained
in section 1-14(e)4. The council may also modify, stay, or waive a fine unconditionally
or based on reasonable and appropriate conditions.
(5) In addition to imposing a civil penalty, the council may suspend or revoke a city -issued
license, permit, or other approval associated with the violation, if the procedure in the
city code for suspension or revocation has been followed.
(g) Judicial review. An aggrieved party may obtain judicial review of the decision of the
hearing officer or the city council in accordance with state law.
(h) Recovery of civil penalties.
(1) If a civil penalty is not paid within the time specified, it constitutes:
a. A personal obligation of the violator.,
b. An obligation of a business or person(s) that is conducting an activity licensed by
the City if the violation relates to the maintenance of the property or to an activity,
use or delivery of services associated with the business or activity; and
c. A lien upon the real property upon which the violation occurred if the violation
relates to the maintenance of the property or to an activity, use or delivery of City
services associated with the property.
(2) A lien may be assessed against the property and collected in the same manner as
taxes. The lien may include the administrative and legal costs incurred by the city in
connection with collecting the unpaid administrative penalty. Prior to assessing the lien
against the property, the city must attempt to obtain voluntary payment of the
administrative penalty and provide the property owner listed on the tax record with
notice and an opportunity to be heard.
(3) A personal obligation may be collected by any appropriate legal means.
(4) 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.
(5) 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.
(6) Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a
license or permit associated with the violation.
(i) Applicable laws. Where differences occur between provisions of this chapter and other
applicable code sections, this chapter applies.
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APPENDIX A — 2012 FEE SCHEDULE
CITY CLERK'S OFFICE
Administrative Penalties
First Violation
$25
add $ 0 to p e s fne
Ordinance No. 2420-12 -6-
Chapter 4 — Animal regulations $50
Chapter 6 — Buildings & Building Regulations
Chapter 6, Article V — Property Maintenance Code $100
Chapter 8 — Businesses and Business Licenses $100
Chapter 12 — Environment $50
Chapter 12, Section 1 — Environment & Public Health Regulations Adopted by $100
Reference
Chapter 12, Section 157 — Illicit Discharge and Connection $100
Chapter 12, Section 159 — Wetland Protection $100
Chapter 14 — Fire and Fire Prevention $50
Chapter 14, Section 75 - Open burning without permit $100
Chapter 20 — Parks and Recreation $50
Chapter 22 - Solid Waste Management $50
Chapter 22, Section 35b — Contagious Disease Refuse $200
Chapter 24 - Streets, sidewalks & Public Places $50
Chapter 24, Section 24 -43 — Household Trash & Recycling Containers blocking $25
public way
Chapter 24, Section 50 - Public Property: Defacing or injuring $150
Chapter 24, Section 51 - Sweeping leaves into street prohibited $100
Chapter 24, Section 151 - Work inpublic right-of-way without a permit $100
Chapter 26 — Subdivision $100
Violation of a condition associated with a Subdivision approval. $750
Chapter 32 — Utilities $50
Chapter 36 — Zoning $50
Chapter 36, Section 37 — Conducting a Land Use not permitted in the zoning district $100
Violation of a condition associated with a Conditional Use Permit, Planned Unit
Development, or Special Permit approval $750
[Repeat Violations within 24 Months. _
Double the amount of the fine imposed for the previous violation, up to a maximum of $2,000. For
example, if there were four occurrences of a violation that carried a $50 fine, the fine for the fourth
occurrence would be $400 (first: $50; second: $100; third: $200; fourth: $400).
L Fines in addition to abatement and licensing inspections.
Fines listed above may be in addition to fees associated with abatement and licensing inspections.
SECTION 2. This ordinance shall take effect fifteen days after its publication.
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Ordinance No. 2420-12
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Revie
-7-
First Reading
August 6, 2012
Second Reading
August 20, 2012
Date of Publication
August 30, 2012
Date Ordinance takes effect
September 14, 2012
Administration:
City M
Attest:
Adopted by the City Council August 20, 2012
Ma
Approved as to Form and Execution:
Y
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
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as
St Louts Park Sun -Sailor
and has full knowledge of the facts stated
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the requirements constituting qualifica-
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ed by Minn Stat §331A 02, §331A 07,
and other applicable laws as amended
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s), it was first published on Thurs-
day, the 30 day of August
2012, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
, 2012, and printed
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City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO 2420-12
AN ORDINANCE APPROVING
AMENDMENT TO
ADMINISTRATIVE PENALTIES
REGULATIONS
Section 1-14 and Appendix A
St Louis Park City Code
This ordinance approves amendment to
City Code to establish parameters and
procedures for implementing Administra-
tive Penalty program
This ordinance shall take effect 15 days
after publication
Adopted by the City Council August 20,
2012
Jeffrey W Jacobs /s/
Mayor
A copy of the full text of this ordinance is
available for inspection with the City
Clerk
Published in St Louis Park Sailor Au-
gust 30, 2012
(Aug 30, 2012) A3-Ord2420-12
BY
CFO
Subscribed and sworn to or affirmed
before me on this 30 day of
August , 2012
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Notary Public
DIANE L ELIASON
NOTARY PUBLIC -MINNESOTA
My Comm Erp Jan 31, 2015
RECEIVED
SEP 4 2012
OFFICE OF THE CITY CLERK