2.90 - Administrative Appeal § 2.90
Section 2.9o: Administrative Citations
Subdivision 1. 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 that will be a cost
effective and expeditious alternative to traditional criminal fines and penalties.
Administrative citations are in addition to any other legal remedy which may be
pursued for City Code violations and the City, in its discretion, may choose not to
initiate the administrative citation and procedures set forth in this Section, and may
bring criminal charges or seek any other remedy or penalty permitted under the
City Code or other applicable law in the first or succeeding instances.
Subdivision 2. Scope
A. The administrative procedures and penalties in this Section may be used for
any violation of the City Code, or any violation of the terms and conditions of
a City approval, including permits and licenses, required and granted under
the City Code. Except as expressly provided in this Section, the provisions of
this Section may be used concurrently with or in addition to any other
procedure or remedy, criminal or civil, the City may pursue under City Code,
state law, or federal law. Nothing herein restricts the right of the City to
enter property immediately or to seek other remedies in emergency or other
situations as authorized by City Code, state law, or federal law. Where
differences occur between provisions of this Section and other applicable City
Code Sections, this Section controls to the extent of such differences. No
provision of the City Code that provides a criminal procedure or penalty, or
an administration or civil procedure or penalty, for a violation of the City
Code shall preclude the application of this Section in its entirety to such
violation.
B. The penalties and procedures provided in this Section shall be applicable to
every Section and chapter of the City Code, the same as though this Section
were a part of each separate Section and chapter.
C. It is the intention of the City Council that the penalties and procedures
provided by this Section shall apply to any amendment of the City Code,
whether or not such penalty is reenacted in the amendatory ordinance,
unless otherwise provided in the amendatory ordinance.
D. Section 2.12, Subdivision 3, of the City Code shall not apply to this Section.
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Subdivision 3. General Provisions
A. 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 the City Code, is an administrative offense that may be
subject to an administrative citation and civil penalties set forth herein;
provided an administrative offense shall not include any such violation
subject to the Uniform Traffic Regulations Act in Chapter 169 of the
Minnesota Statutes.
B. Unless expressly provided otherwise in the City Code, each day a violation
exists constitutes a separate administrative offense.
C. The City Council shall adopt by ordinance a schedule of penalties for offenses
that may be initiated by administration citation.
D. The City Council may adopt by resolution a schedule of fees to be paid to
administrative hearing officers for his or her services.
E. The maximum monetary penalty for a single administrative offense may not
exceed the maximum monetary fine authorized by state law for
misdemeanor offenses or the maximum monetary penalty authorized by
state law for an administrative process; provided for purposes of determining
the amount of the monetary penalty the cost of any required compliance
actions and any consequences of a revoked or suspended license shall not be
included.
F. The City Manager or his/her designee is authorized to promulgate rules and
forms to implement the procedures herein.
Subdivision 4. Administrative Citation.
A. Any person with authority to enforce the City Code may, upon a reasonable
belief that there has been a violation thereof (or a violation of the terms and
conditions of a City approval, including permits and licenses, required and
granted under the City Code) issue an administrative citation to the violator
or party responsible for the violation in one of the following ways:
1. By personal service upon the owner of the property or an occupant of
suitable age residing at the property where the violation occurred, or in
the case of a business or corporation, the citation may be served upon a
manager on the premises or to a corporate officer;
2. By first class mail to a person identified in Subdivision 4(A)(1);
3. By posting the citation in a conspicuous place on or near the main
entrance when it reasonably appears the property is occupied but the
occupants are not available or willing to accept personal service, and
where the property is not a licensed rental dwelling;
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4. By posting the citation in a conspicuous place on or near the main
entrance and mailing by first class mail a notice of the citation to the
owner of record where it reasonably appears the property is vacant or
abandoned; or
5. By posting the citation in a conspicuous place on or near the main
entrance and mailing by first class mail, notice of the citation to the
licensee when the property is a rental dwelling licensed by the City
B. The administrative citation shall state the nature, location, date, and time of
the violation, provide a citation to the Section of the City Code violated,
identify the person issuing the administrative citation, the civil penalty,
where, by when and in what manner any fine must be paid, a brief
description of the process to contest, required compliance or abatement
actions (if applicable) and any other information the City Manager or his/her
designee deems applicable.
C. If the City seeks to impose more than one (1) penalty for a continuing
violation, a separate citation shall be issued for each violation date.
Subdivision 5. Responding to an Administrative Citation
A. A party who has received an administrative citation must, within twenty (20)
days after the administrative citation is issued, pay the amount of any fine
set forth therein or, if the party desires to contest the administrative citation,
request a hearing as set forth in Subdivision 9 of this Section.
B. Any fine may be paid in person at City Hall, by mail or by other method set
forth in the administrative citation.
C. Payment of any fine shall be deemed a final admission of the violation and
thereafter the City shall not bring a criminal charge for the same violation.
D. Payment of any fine shall not excuse the failure to satisfy any compliance
orders referenced in the administrative citation and such payment shall not
bar further enforcement activity by the City for a continuing violation,
including without limitation the issuance of additional administrative
citations.
Subdivision 6. Recovery of Civil Fines
A. If a fine imposed by an administrative citation 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 responsible for that violation.
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B. 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.
C. A personal obligation may be collected by any appropriate legal means.
D. A late payment fee of ten percent (10%) of the fine amount will be assessed
for each thirty (30) day period, or part thereof, that the fine remains unpaid
after the due date.
E. During the time that a fine 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.
G. Upon failure to pay the fine within the time specified, the City may elect to
charge the initial violation as a petty misdemeanor or misdemeanor charge,
and the administrative offense procedure set forth in this Section shall no
longer apply to such violation.
H. This foregoing of this Subdivision 6 shall be an additional remedy and not in
lieu of any other penalty provided for in City Code or state law.
Subdivision 7. Optional Procedure
The City, in its sole discretion, may choose not to utilize the administrative citations
and procedures provided for under this Section for any violation of the City Code
and may instead bring criminal charges or any other remedy (including civil fines)
permitted by the City Code, state law or federal law. In the event a party
participates in the administrative citation procedures set forth in this Section, but
does not comply with the civil penalty imposed and the party is not otherwise
absolved of the administrative offense, the City may seek to collect the costs of the
administrative offense procedure including without limitation the City's attorney
fees and cost as part of a subsequent criminal sentence in the event the party is
charged and is found guilty of the violation.
Subdivision 8. Disposition of Penalties
All civil fines collected pursuant to this Section shall be paid to the City and
deposited into the general fund.
Subdivision 9. Appeal Process.
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A. Any person directly affected by an administrative citation issued pursuant to
this Section shall have the right to appeal to a hearing officer as provided for
in Section 2.91 of the City Code.
B. The failure to pay the fine or request a hearing within twenty (20) days after
the citation along with the appeal processing fee, or the 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 officer 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.
C. If the final adjudication of the administrative citation under the appeal
procedure is a finding of no violation, then the City may not prosecute a
criminal violation based on the same set of facts. This does not preclude the
City from pursuing a criminal conviction for a violation of the same provision
based on a different set of facts. A different date of violation will constitute a
different set of facts.
D. The City will not be obligated to reimburse for any costs undertaken pursuant
to a compliance order, even if it is determined, after an appeal hearing, that
there was no violation as charged in the administrative citation.
Subdivision 10. Failure to Pay is Separate Violation.
The following are separate violations of the City Code, punishable as misdemeanors
in accordance with state law:
A. Unless a notice of appeal has been timely filed, failure to pay the civil fine
within the time required after issuance of an administrative citation.
B. Failure, without good cause, to appear at a hearing which was scheduled
under Subdivision 9; and
C. Failure to pay a fine imposed by a hearing officer within thirty (30) days
after it was imposed, or such other time as may be established by the
hearing officer, unless the judicial review has been sought for the matter in
accordance with state law.
Source: Ordinance No. 565, 2nd Series
Effective Date: 7-30-15
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