HomeMy WebLinkAbout0868 Ord (Admnistrative Citations and Civil Penalties)
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ORDINANCE NO. 868
AN ORDINANCE ESTABLISHING ADMINISTRATIVE
CIT A TIONS AND CIVIL PENAL TIES
The City Council of the City of Stillwater does ordain:
1, Amending, The City Code of the City of Stillwater is amended by adding Sections
22-9 Administrative Citations and Civil Penalties that shall hereafter read as follows:
"Sec, 22-9, Administrative Citations and Civil Penalties.
Subd, 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, Citizens resent being labeled as 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
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 shall
be in addition to any other legal remedy which may be pursued for City Code
violations,
Subd, 2, General Provisions.
(1) A violation of Chapter 43 of the City Code (Liquor) or Chapter 41,
Sec, 41-2, Tobacco. or the acts prohibited in those sections are an
administrative offense, which may be subject to an administrative
citation and civil penalties pursuant to this chapter, Each day a
violation exists constitutes a separate offense,
(2) An administrative offense may be subject to civil penalty not
exceeding two thousand and noll 00 dollars ($2,000,00),
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(3) The City Council must adopt by Resolution a schedule of 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. The City Council may adopt a schedule of
fees to be paid to administrative hearing officers,
(4) The City Coordinator must adopt procedures for administering the
administrative citation program.
Subd. 3, Administrative Citation.
(1) The Chief of Police of his designee may issue an administrative
citation upon belief that a violation has occurred, The citation
must be issued in person or by 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 name of the issuing officer, the amount of the
scheduled fine, and the manner for paying the fine or appealing the
citation,
(2) The person responsible for the violation must either pay the
scheduled fine or request a hearing within seven (7) days after
issuance. Payment of the fine constitutes admission of the
violation, A late payment fee often percent (10%) ofthe
scheduled fine amount shall be imposed in accordance with Subd,
7,
Subd. 4, Administrative Hearing.
(1) The City Council shall periodically approve a list of hearing
officers from which the City Coordinator will randomly select a
hearing officer to hear and determine a matter for which a hearing
is requested, The accused shall have the right to request no later
than five (5) days before the date of the hearing that the assigned
hearing officer be removed from the case, One request for removal
for each case will be granted automatically by the City
Coordinator, 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 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
a finding is made, the officer must remove himself or herself from
the case, and the City Coordinator must assign another hearing
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officer. The hearing officer is not a judicial officer but is a public
officer as defined by Minnesota Statute s609.415, The hearing
officer must not be a City employee, The City Coordinator 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
an interested 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 shall be
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 and objection with the
hearing officer promptly but no later than the time specified in the
subpoena for compliance. The officer may cancel or modify the
subpoena if it si unreasonable or oppressive, Any person who,
without just cause, fails or refuses to attend and testify or to
produce the required documents in obedience to a subpoena shall
be guilty of a misdemeanor. Alternatively, the party requesting the
subpoena may seek an order from District Court directing
compliance,
(3) Notice of the hearing must be served in person or by mail on the
person responsible for the violation at least ten (10) 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 shall not
apply. The hearing officer must tape record the hearing 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 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 officer may consider any or all
of the following factors:
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1, The duration of the violation;
2, The frequency or reoccurrence 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 ofthe penalty on the violator;
8. The impact of the violation upon the community;
and
9, Any other factors appropriate to a just result,
(5) The decision ofthe hearing officer is final, however, the hearing
officer's decision may be appealed to the City Council by
submitting a request in writing to the City Clerk within ten (10)
days after the hearing officer's decision,
(6) The failure to pay the fine or request an appeal within thirty (30)
days after the citation of 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 time; and lack of
proper service of the citation or notice of the hearing, "Good
cause" shall not include: forgetfulness and intentional delay,
Subd,5, Administrative Review.
(1) The appeal must be heard by the City Council after notice served
in person or by registered mail at least ten (10) days in advance.
The parties to the hearing shall have an opportunity to present oral
or written arguments regarding the hearing officer's decision.
(2) The City Council must consider the record, the hearing 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,
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(3) If the Council makes a finding of a violation, if may impose a civil
penalty not exceeding two thousand and noll 00 dollars ($2,000,00)
per day per violation, and may consider any or all of the factors
contained in Subd, 4(4). The Council may also reduce, stay or
waive a fine unconditionally or based on reasonable and
appropriate conditions.
(4) 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,
Subd,6. 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,
Subd,7, Recovery of Civil Penalties.
(1) If a civil penalty is not paid within the time specified, it shall
constitute:
1, A lien upon the real property upon which the violation
occurred if the property or improvements on the property
was the subject of the violation and the property owner was
found responsible for that violation; or
2, A personal obligation of the violator in all other situations,
(2) A lien may be assessed against the property and collected in the
same manner as taxes.
(3) A personal obligation may be collected by any appropriate legal
means,
(4) A late payment fee often percent (10%) of the fine must be
assessed for each thirty (30) day period, or part thereof, that the
fine remains unpaid after the due date,
(5) Failure to pay a fine is grounds for suspending or revoking a
license associated with the violation,
Subd. 8, Criminal Penalties. The following are misdemeanors, punishable in
accordance with State law:
(1) Failure, without good cause, to pay a fine or request a hearing
within thirty (30) days after issuance of an administrative citation,
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(2) Failure, without good cause, to appear at a hearing which was
scheduled under Subd, 4,
(3) 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 matter is appealed under Subd, 5,
(4) Failure to pay a fine imposed by the City Council within thirty (30)
days after it was imposed, or such other time as may be established
by the City Council."
2, Savings, Except for this change, the City Code of the City of Stillwater will remain in
full force and effect.
3, Effective Date, This ordinance will be in full force and effect from and after its
publication according to law.
Enacted by the City Council of the City of Stillwater this 1 st day of December, 1998.
CITY OF STILL W
~
Acting Mayor
ATTEST:
~.f:, L1 )"tJd~ /
Modi eldon, Clerk
Published Stillwater Gazette 12/11/98
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AFFIDAVIT OF PUBLICATION
~ ~tillwater ~bening ~a?ette
,p' PO Box 58,102 S 2nd St, Stillwater, MN 55082; Phone 612/439/3130; FAX 612/439/4713
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Mike Mahoney, being duly swom, on oath says that he is the Publisher or authorized agent and employee of the publisher ot the newspaper known as Stillwater
Evening Gazette, and has full knowledge of the facts which are stated. A. The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable Jaws, as amended. Printed below is a copy of the lower case alphabet
from A to Z, both inclusive. which Is hereby acknowledged as being the size and kind of typed used In the composition and publication of the notice.
-"'.""""''''''"'''''. ~
BY:~
Title: Publisher
wom to before me on this a~
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State of Minnesota
County of Washington
dayof 1Jo~ .199Y"
00005805
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GAIL J. KEN:4EBECI;
NOTARY PUGLlC. LlIN:JESOT\
My CommiS$iac Exo"c" Jan 31, 2OCO
12/16/98
Received Payment
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BUSINESS NAME
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STILLWATER, MN 55082
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$3,71
$115.01
1 Days
ORDINANCE NO. 868 AN
ORDINANCE ESTABLISHING
ADMINISTRATIVE CITATIONS AND
CML PENALTIES 12/11
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Maximum rate per column inch under
Minnesota Law; $7.50 per 12-pica column.
Total Amount
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$115.01
Evening GaZette, December 11, 1998
ORDINANCE NO, 868
AN ORD1NAN.CE ESTABLiSHING
ADMINISTRATIVE CITATIONS AND
CML PENALTIES
The City Council .of theCity of. Stillwater daes
.ordain:
\. AMENDING. The City Code .of the City of
Stillwater is amended by adding Sections 22-9
Administrative Citations and Civil Penalties that
shall hereafter read as fallaws:
"Sec. 22-9. Administrative Citatians and Civil
Penalties.
Subd. 1. Purpose.' The City Cauncil finds
that there is a need fer alternat,ive mettlOds
of enfarcing the City. Code. While criminal
fines and penalties have been the most Ire-
quent enlorcement mechanism, there are
certain negative cansequences fer beth the
City and the accused. Tl'le delay inherent in
that system dees does not ensure prampt
resolution. Citizens resent being labeled as
criminals lor vialatians. .01 administrative
regulations. The higher burden of proaf
and the potential .of incarceratian do nat
appear apprapriate far,most !:Idministrative
violatians. ,The criminal process does not
always regard City Code violatians as being
important. ' Accordingly, the' City Council
linds that the use of administrative citatiens
and the impositian .of civil penalties is a
legitimate 'and necessary alternative
methOd .of. enfarcement. This methad .of
enfarcementshallbe in addition to . any
other legal remedy which may be pursued
fer City Code vielations.
SUbd. 2. General Provisions.
(1) A vi.olatian of, Chapter 43 .of the City
Code (Liquor) or Chapter 41, Sec. 41-2.
Tobacco, .or the acts prOhibited in those
sections are an administrative .offense,
which may be subject ta an,administrative
citatien and civil penalties pursuant to, this
chapter. Each day a vialatian exists ceristi-
tutes a separate..offense.
(2) ,An administrative offenlle may be sub.,
ject te civil penaltY'7'atexceeding twe theu-
sand and no/100 dollars ($2,000.00).
(3) The City Cauncil must adopt by
Reselutiona schedule .of fines lor offenses
initiated by administratien citatien. TheCity
Council is not bound by that schedulevYhen
a matte, is appealed to it lor administrative
review. The City Council may adopt a
'schedule of fees to be paid to administra-
tive hearing officers. ,
(4), The City Coerdinat.or mUst adopt proce-
dllres for administerif;lg the administrative
citation program. .
Subd. 3. Administrative Citation
(1) The Chief of Pelice .or his designee may
issue an administrative citatian upan beliel
that a violation has .occurred. The citatian
must be issued in person or by mail to the
person respansible far the violatian .or
attached tathe motor vehicl,e in the case .01
a vehicular .offense. The citation muststate
the date, time and nature 'Of the offense. the
name 01 the issuing .officer: the amount .of
the scheduled fine, and the In!:lnner lor pay-
ing the fine .or appealing the citation.
(2) The person respensible far the violati.on
must either pay the scheduled fine .or
request a hearing within s,even (7) days
after issuance. Payment .of the fine consti-
tutesadmissien of the violation, A late pay-
ment fee. 01 ten percent (10%) althe sched-
ule.d fine shall be imposed in !:Icc.ordance
with Subd. 7.
Subd. 4. Administrat/ve Heariflg. .
(1) The City Cauncil shall periodically
appr.ove a list .of hearing .officers from which
the City Caardinator will randomly select a
hearing .officer , ta hear and dl;ltermine a
matter. far which a hearing is requested.
The accused shall have the right,te request
ne later than five (5) days befare the date Of
the hearing that the assigmid hearing offi-
cer be femoyed from the case., One
requesf I<;>r remaval ,lor each case will be
granted automatically by the City'
Caordinator. .A subsequent request must
be directed t.o the assigned hearing .officer
'who win decide whe e.he .or .she cannot
lairlyand. .objectively review the case. . " a
'f finding is made, the .officer must remove
'himsell or herself from the case, an(i the
.-City CG.ordlnater must assign anotherhear-,
ing officer. The hearing officer is not a judi-
cial officer but is a publiC (,lfficer ,as defined
by Minnesota 5tatutes 609.415. The hear-
fJ'~~~~C~~i~::~:.~
cedure far evalualinglhe co_tency of
},the hea~ng efficef$. . 'ml~ts
drc:W acctlse(t;'vlb ., tltf CIty StaYf.
"'THese. rePOl't$mU~~ to the City
, Council. ,
'.. (2) Upon the hearing off.icer's .own initiative
".or up an written requElllt 01 an interested
party demonstrating th.,rneed. the officer
.; may issue a subpoena far. the attandance of
J a witness .or the prdc:fuction .01 books.
5 papers, records, .or ot~r documents that
,arerrlaterial to the matter being heard. The
,party requesting , the ~bpoena shall be
!'1f'i"espansible for serving the subpoena in the
manner provided 'for civil actions and ler
paying tt)e fees and expenses of any Wit-
ness. A person se,rved with Ii SUbPoena
may file !:In Objection with the hearing offi~r .
promptly bllt no later thl\l1 the time specified
in the subpoena lar compliance. The .officer
may canceler moc::lify the- subpaena if it is
unreasonable or eppr~ive. Any person
who, without just cause, fails or refuses ta
attend and testify or to produce the required '
cuments in .obedience ta a subpoena
be guilty .. of,~.a' misdemeanar.
Alternatively, the party fllqUesting the sub-
poena may seek an r 'from District
Court directing compr
~(3) Notice .of the". . ust be served in
'$ persen or by mail on rson responsible
il fOr the vioIatian at least ten (10) days In
, advance,unlessa sherter time is accElpted
by all parties. . At the hearing. the parties will
/lave the opportunity te PfllSent testimony
!:Ind questienany witnesses. bUlst!iCt rules
.of evidence shall not apply. The healing
officer must tape' record the hearing' and
receive testimany and exhibits. Theofficer
..must receive ,and give lOI.ilightte evidence;'
including hearsay evidence. whichpos-
Sesses probativevaJve commonly acCepted
by . reasonable a,ndprudent people in the
'ltconduct of their affai~.; ,
(4) The hearingoffkier has the authority te
determine that a violatien occurred. te dls-
millS a citation, to impose the scheduled
fine, and to reduce, stay or waive a sched-
'."uled fine either unl:Oilt1itionally or upon
"compliance withapprc:wriate conditions[
','When imposirlg a pe,nanx ler a violatien, the
: ''hearing officer may conSider any .or al! of
the follOWing factel$:'"
.'.1,1. The duratian of.lhe violation;
, 2. The frequency W reoccurrence of the
violation; ", ,
'''~. The seri<1usness pf ~ violation;
4. The hlstory .01 the viOlation;
.\5. The violatar's conduct after issuance of
,., tlJe notice of hearing;
6. . . The good, fa~h Ilff~ by the violator ta
comply; ,
:; ,7. T~e economiblinPl\bt of the penalty .01
the VIolator; .
.a. The impact oltheviolation ,upon the
c:;ommunity;ianct , ,. .' . ,.' .
9. . Any c:!ther factars 8ppI'op1'fate tcil\ jU$t.
result.
(5) The decision .of the hearing officer is,
final, however, the hearing .officer's decisiOn
may be appealed 1.0 the City Council /)y
submitting ,a request in writing to the City
Clerk within ten (10) days !liter the hearing
officer's decision.
(6) The failure te pay the line or reQuest !in
appeal within. thirty (30) days after the cita-
~en .01 the failure to attend the hearing con-
slitutes a waiver of the violator's rights te an
administrative healinq and an, !idmissionof
the violatien. A heanng .offjcer may waive
this result'\lPOn good cause shown.
",Examples of "good cause" are: death or
~'~jncapacitatlng illness of the accused; a
court erderrequiriflg the sCClJ$ed to appRt
fer another hearing at the tlIn&; and lack Of:
proper service of lI1e citation.o.r ~ 011ti9
hearing. "Good cause" st$lInot include:
forgetfulne!l5 and intentional delay.
'Subd, 5 Admlnistratfve RevillW
(1) The appeal must be hEierd bY the CitY
CouneH after notice served in person or tJy
regiStered mail !:It least tefl (10) daya,1n
advance. The parties te the hearing sf1a1l
have an opportl!ni!y to present oral or writ-
,m..~" ,., ,JeaalJll!19.lIJe., ,.headng.. . ,alii-
cerS decision... .. ,\. .,. " .,.,., ','\
(2) TtiEi City Counpii nlUst ~rtt)e
record. the hearlngofficer'& 'decision, and
any additional arguments'beforemaking.
determination. The Council is not bound tJy
the hearing officer's decision. but may
adept all or part .of the officerS deolsion.
The Cauncil's decision must be in writing.,
(3) If the Council makes a finding .of avio-
lation. it may impose a civil penalty not
exceeding twa thousand and no/100 dollars
($2,000.00) Per day per violation, and may
consider any.or all of the factors contained
ifl Subd. 4(4). The CoUl1cll may also
reduce, stayer waive a finl;! uncon8itiooally
Of ~sed OI}. rl;l8$()fl8Qle. and app~
conditions.
(4), In addition to imposing a ciVil penalty.
'the Council may suSpend.. 01' rElv<lke any
City Issued license. permit .or. ether
approval associated with the violation. I
Subd. 6 Judicial Review. An aggrieved
party may obtain judicial review .of the deCi-
slen of the hearing .officer .or the City CotJncii
in accordance with State law. '
Subd. 7 RBcovery of CivH Penalties.
m If a civil penalty is not paid within the
lima specified, it shall constitute:
1. A lien upon the real property upOn which
the violation occurred if the property. or
improvements On the proPerly was the sub-
ject of the violatian and property owner was
fOUnd responsible for that violation;.or
2. A personal obligation of the vi.olator in all
other situatians.
(2) A lien may be assessed against th8
property and collected in the same manner
as taxes.
(a) ,A personal obligation. may be coUected
by ant appropriate legal means.
(4) A lale payment fee olten'ptlrcent (10"1.)
of the fine must be assessed f.or each thirty
(30) day period. or part thereof. that the fine
remains unpaid alter the due date.
(5) Failure to pay a fine is greunds for sus-
pending or revoking a Ucense associated'
with the vialation.
Subd. 8,. Criminal PenaHies. The followirig
are misdemeanof$, punishable ifl-8Cl.lor,.
dance with State law:
(1) Failure. wjthout good cause, to pay a
,fine <;>r request a hearing Within thirtY:~(~
days after lseuance of an administraM
citation. '
(2) Failure. without good cause. to ~
at a hearing which was scheduled O/'Id4Ir
Subd. 4.
(a) Failure te pay a fine imposed by a hear-
ing .officer within thirty (30) days after it was
Imposed. .or such ather time as may be
established by the hearing officer. unless
the matter is appealed under Subd. 5.
(4). FaI/!lre, tllpay a fine I~ by the
City ~.within thirty (30) days after it
wa$lriJPQi8d, Or suoIl other time as may""
established by the City Council." .
2. ~. Except for this change. the City
Code of the City of Stillwater will remain in fuI\
farce and effect.
a. ElfectiV(! O,te. This' ordinance. Will be ifl
fun force and. effect from and after its pUbljca-
tion according to law.
Enacted bY the City Council, of the City Of
Stillwater this 1st day efDel:ember; 1998.
, CITY OF STILLWATER:
Acting MaY/>f'
ATT'ESl;
Morli Weldon, City,~. :
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