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HomeMy WebLinkAboutNo 1020 Revising Administrative Citation Procedures Applicable to Violations of the City Code ORDINANCE NO. 1020 AN ORDINANCE REVISING ADMINISTRATIVE CITATION PROCEDURES APPLICABLE TO VIOLATIONS OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Section 1-14 of the Maplewood City Code is hereby amended to read as follows: Sec. 1-14. - Reserved. Section 2. Section 1-15 of the Maplewood City Code is hereby amended to read as follows: Sec. 1-15. - Criminal offenses; penalties for violations; continuing violations. (a) Criminal offenses, misdemeanors and petty misdemeanors. Whenever in this City Code, in any ordinance of the city, or in any rule or regulation adopted pursuant to this City Code or such ordinance, an act is prohibited or is made or declared to be unlawful, such act shall be considered a misdemeanor punishable by a fine of not exceeding $1,000.00 or by imprisonment not to exceed 90 days or both. However, for a petty misdemeanor the sentence of a fine of not more than $300.00 may be imposed. City Code violations may also constitute administrative penal offenses pursuant to section 1-17 of the Code. (b) Violations of traffic ordinances, rules or regulations. Every person convicted of a violation of a section of the city traffic code or of any city traffic ordinance, rule or regulation, which covers the same subject for which a penalty is provided for in Minn. Stats. ch. 169, shall be punished in accordance with the penalty provided for in Minn. Stats. ch. 169. (c) Vehicle standing or parking violations. Every person convicted of a violation of a section of the city traffic code or of any city traffic ordinance, rule or regulation, which regulates the standing or parking of vehicles, shall be punished by a fine of not more than $300.00. However, if such conviction is preceded by two or more convictions within the immediate preceding 12-month period for violating those sections of the traffic code regulating the standing or parking of vehicles, this subsection shall not apply. (d) Continuing violations. Each day any such violation or failure to perform such act described in this section shall continue shall constitute a separate offense, unless otherwise specifically provided. Section 3. Section 1-17 of the Maplewood City Code is hereby repealed in its entirety and shall read as follows: Sec. 1-17. - Administrative penal offenses. (a) Purpose. The City Council of the City of Maplewood finds that there is a need for alternative methods of enforcing the City Code to better ensure compliance with the ordinances of the City. Pursuant to the City’s authority under Minnesota law, including, but not necessarily limited to Minnesota Statutes, section 412.231, as may be amended from time to time, the City Council deems it necessary to designate any violation of the City Code as an administrative penal offense which shall be subject to the terms outlined herein, which is necessary to ensure the good order of the City, and to protect the health, safety, and general welfare of the City and its residents. While criminal fines and penalties have been the most frequent enforcement mechanism, administrative enforcement of the City Code will increase compliance with the Code, will encourage citizens to become more receptive to enforcement efforts, will be less formal and more cost-effective, and will keep many violations out of the criminal justice system. Accordingly, the City Council finds that the use of administrative citations is a legitimate alternative method of enforcement of the City Code that is also an effective way to promote the health, safety, and welfare of the citizens. This method of enforcement shall be in addition to and not exclusive of any other legal remedy, including, without limitation, the filing of criminal charges or other civil remedies for City Code violations. (b) Administrative penal offense defined. A violation of any provision of the City Code is hereby declared to be an administrative penal offense, punishable by an administrative citation and administrative fine in an amount not to exceed $1000.00 per offense. In addition to a violation of any provision of the City Code, the following shall be deemed to be administrative penal offenses: (1) Any violation or failure to comply with the terms and conditions of any City approval, including but not limited to previously approved licenses or permits; (2) Knowingly making any false statement, including submission of a false document, or a material omission made in connection with an application or procedure provided for in the City Code; and (3) Assisting in or allowing to occur any violation herein specified. (c) Exceptions. Exceptions to the violations defined as an administrative penal offense include: a. Traffic violations that are classified as a crime or petty misdemeanor in Minnesota Statutes, chapters 168, 169,169A, 170 and 171; b. Any City Code violation that pertains to business licensing regulations, false alarms, dangerous dog regulations, and traffic and vehicle violations that are regulated under Chapter 36 of the City Code; and c. Any violation of a state law that preempts local regulations on the same topic. (d) Continuing violations. Each calendar day that any City Code violation persists shall constitute a separate and distinct offense for which a separate penalty may be imposed. The City Manager may exercise discretion in imposing an administrative fine for more than one day of a continuing offense or increasing the amount for a repeat offender. (e) Penalties cumulative. Nothing in this Section shall prevent the City from taking such other actions as are permitted under law, and the penalties provided here shall be cumulative. (f) Notice of violation. The City Manager, Community Development Director, Building Official, Neighborhood Preservation Specialist, any member of the City's police or fire departments, or any member of city staff to whom such authority is delegated by the City Manager (an “enforcement officer”) shall be charged with determining whether the provisions of the City Code are being met and enforcing the provisions of the City Code with respect to any property or condition within the City. If the enforcement officer has a reasonable belief that an administrative penal offense has occurred, the enforcement officer may deliver, either in person or by United States first class mail, written notice of violation to a person suspected or known to have committed an administrative penal offense and/or to the owner of property upon which an administrative penal offense has been or is being committed. The notice shall identify the administrative penal offense, the location upon which the administrative penal offense occurred or is occurring, and the recommended corrective action. Except in the case of a violation that constitutes an immediate danger to public health, safety, or welfare for which immediate corrective action is required, the notice shall state that the alleged violator has, at the discretion of the enforcement officer, up to 30 days to correct or abate the administrative penal offense. If the alleged violator and/or owner of property upon which an administrative penal offense is being committed is unable to correct or abate the offense within the prescribed time, that person may request in writing an extension from the enforcement officer. Any extension granted by the enforcement officer, in the exercise of his or her sole discretion, shall be in writing and shall specifically state the date of expiration. If the administrative penal offense is not corrected or abated as outlined in the notice within the prescribed time or any extension thereto, the enforcement officer may issue an administrative citation, as provided below. (g) Administrative citation. Upon reasonable belief that an administrative penal offense has occurred and has not been corrected or abated as provided in the written notice of violation, the City Manager, or his or her authorized designee, may issue an administrative citation to the person responsible for the offense by first class mail. The fees for such administrative citation shall be those adopted by the City Council in the City’s official fee schedule. Fees shall be established by the City Council for level one, level two, and level three violations based on the nature and seriousness of the violation itself, and code enforcement staff is hereby delegated with the authority and responsibility of categorizing individual Code violations that are subject to administrative penalties within said levels via staff policy. If the person responsible for the offense is not the property owner, the City Manager, or his or her authorized designee, shall also mail a copy of the administrative citation to the owner of the property upon which the administrative penal offense has been or is being committed. The administrative citation must state the date, time, and nature of the offense, the name of the official issuing the citation, the amount of the administrative fine, and the manner for paying the fine or appealing the citation. (h) Appeals; hearing. (1) Any person issued an administrative citation under this section shall have the right to appeal such citation by filing a written notice of appeal with the City Manager or his or her authorized designee, within 14 days of the date of such citation. Upon receipt of such written notice, the City Manager shall schedule the appeal hearing before a hearing officer within 45 days from the date of such notice. Notice of the time and place of said hearing shall be mailed to the appealing party no later than 10 days prior to the hearing date. (2) The appeal will be heard by the hearing officer. At the hearing, the parties will have an opportunity to present testimony and documentary evidence and question witnesses, but strict compliance with Minnesota Rules of Evidence will not be required. The hearing officer may impose limitations on the scope of evidence to be allowed, as well as time limits which may apply to such appeal hearings, and any other substantive or procedural elements which the hearing officer deems appropriate. (3) The hearing officer shall issue its findings of fact and conclusions, in writing, within 30 days following the hearing. The hearing officer, upon finding that an administrative citation was justified, may uphold the citation as issued or may amend the penalties, subject to the maximum amounts provided in the City’s fee schedule. If the hearing officer finds that the administrative citation was not justified, it may overturn the citation and take any other action it deems reasonably necessary. (4) The City may suspend or revoke a City-issued license, permit, or other approval associated with the violation, subject to any applicable procedural requirements contained in the City Code. Suspension or revocation of a license, permit or other approval is authorized regardless of whether additional penalties (such as administrative fines) are imposed for the violation. (5) Failure to attend the hearing constitutes a waiver of the violator's rights to a hearing and an admission of the violation. The hearing officer may waive this result upon a showing of good cause. 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. (6) An aggrieved party may obtain judicial review of the decision of the hearing officer according to any applicable law. (i) Recovery of civil penalties. (1) If a civil penalty is not paid within the time specified in the administrative citation or in the decision on appeal, it shall constitute: (i) 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 (ii) 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 lien may be collected as a special charge, as authorized by Minnesota Statutes, sections 366.011 and 366.012, as well as Minnesota Statutes, section 415.01, subd. 2. (4) A personal obligation may be collected by any appropriate legal means. Section 4. Fee Schedule. The city’s comprehensive fee schedule shall be amended to include a new section entitled “Administrative Penalties,” which shall include the following: First offense: Level one violation $50.00 Level two violation $100.00 Level three violation $400.00 Second offense (within 24 months of prior): Level one violation $100.00 Level two violation $200.00 Level three violation $800.00 Third/subsequent offense (within 24 months of at least two): Level one violation $200.00 Level two violation $400.00 Level three violation $1,000.00 Section 5. Effective Date. This Ordinance shall be effective following its adoption and publication. Adopted by the City of Maplewood this 28th day of June, 2021. ___________________ Marylee Abrams, Mayor Attest: Andrea Sindt, City Clerk