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 Section 1-17 of the Maplewood City Code is hereby repealed in its entirety and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