09.f1 City Attorney Report - Administrative Code Enforcement Citations and Civil PenaltiesPage 1 of 3
ECKBERG LAMMERS
CITY ATTORNEY STAFF REPORT
Date: December 14, 2023
To: City of Scandia Mayor and City Council
From: Eric Larson, City Attorney
Subject: City of Scandia Administrative Code Enforcement, Citations, and Civil Penalties
INTRODUCTION
City code enforcement is a difficult challenge for most if not all statutory and charter cities in the
State of Minnesota. This Scandia City Attorney staff report sets forth some suggestions and
talking points for the Scandia City Council to consider and provide direction to Scandia staff on
revisions to Scandia City Code Chapter 32, Administrative Citations and Civil Penalties.
DISCUSSION
City staff is interested in any and all ideas as to how to improve the City’s code enforcement
process and will certainly act on the City Council’s directives accordingly.
The attached Scandia City Code Chapter 32, Administrative Citations and Civil Penalties is an
initial rough draft containing some suggested redlines and further identifies some sections
(highlighted in yellow) for possible revisions. A clean version is also attached. The redline
provisions are somewhat self-explanatory and, regardless, will also be further explained during
the verbal report to the City Council.
Below, however, is the thinking behind a major revision area to be discussed around the question
as to what type of code enforcement hearing and appeal process would the Council like to have?
Currently, under section 32.01, entitled “PROCEDURES,” if a resident disputes a code violation
and/or the fine amount, then a resident may request a hearing and then a hearing officer is
selected from an approved list of lawyers.
Code Enforcement Hearing Committee. The City Administrator and City Attorney have had
many discussions and recommend that the City Council consider creating a Code Enforcement
Hearing Committee that would have two primary functions: (1) Hear and decide Code
Enforcement Actions, and (2) Advise the City Council on code amendments related to code
enforcement and revisions to related city policies. The concept in part is to create a committee of
resident peers to ensure the city’s code is honored by all residents and hear a resident’s dispute
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that the code is wrongly being applied against that resident. Each member of the committee
would be deemed a “Hearing Officer” and the Committee itself would be deemed to be a “Public
Officer” under Minnesota Statutes section 609.415.
Composition. The Code Enforcement Hearing Committee would be comprised of residents
appointed by the Council. I recommend that the Committee size be at least 3 members but
probably no more than 5. Upon a resident’s hearing request, the Committee would hear and
decide the matter.
Committee Meeting and Hearing Dates. The Code Enforcement Hearing Committee would meet
on an established annual schedule, semi-annually or quarterly, but if for any reason the
Committee needs to meet earlier than the regularly scheduled meeting, then the City
Administrator may notice a hearing date. Currently the code is silent about when a hearing by a
Hearing Officer will be held. Rather, the code mere provides that a resident must be notified of
the hearing 20 days in advance of the hearing date.
Maybe as a guideline, a person seeking a hearing should reasonably expect a hearing no later
than ___ days from the date the person requests the hearing per City code? Trying to schedule
3-5 committee members as well as work with the schedule of a resident can sometimes be
challenging, another discussion point for the City Council.
Appeal. Recommend that the appeal be changed from the Minnesota Court of Appeals to the
Washington County District Court.
Under the current code, if either a resident or the city disputes the hearing officer’s decision, then
an appeal is made to the Minnesota Court of Appeals. I recommend the City Council consider
having the appeal be made directly to the Washington County district court. Unlike the court of
appeals, (1) the district court is more like to exercise the authority to order specific performance
on the resident and, furthermore, permit the city to enter onto the property to take appropriate
corrective action if the resident does not, and (2) the district court possesses clear statutory
authority to impose city costs as an assessment on the property as well as additional legal
remedies the City may want to seek. And, if for any reason the City needs to expedite court
action, then the district court is probably a better venue for quicker action than the Minnesota
Court of Appeals. Nothing against the Court of Appeals, rather, district courts are established to
expedite decisions in matters such as a code enforcement action.
Payment for Hearing Costs. The code has the non-prevailing party paying for the hearing costs,
which are presumably the attorneys’ fees. If a Code Enforcement Committee is the direction
from the City Council, then the Council would need to decide the appropriate compensation for
the committee members, in part, to establish hearing costs.
Alternative Approaches. There are other code enforcement hearing alternatives such as
1. Hearing Officer (i.e., maintain or revise current structure)
2. Assign to a current City Committee, such as Planning Commission,
3. City Council,
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4. Code Enforcement Hearing Committee, (recommended by City staff), or
5. Other (?)
RECOMMENDATION
The City Administrator and City Attorney recommend revising Chapter 32 along the lines as
attached and, furthermore, recommend creating a Code Enforcement Hearing Committee. The
Code Enforcement Hearing Committee approach will provide a community-based code
enforcement hearing process. In addition, by applying its experiences, the Committee can also
provide an important advisory function for recommended improvements to the City’s codes and
policies.
ATTACHMENTS:
Chapter 32: Administrative Citations and Civil Penalties (redline)
Chapter 32: Administrative Citations and Civil Penalties (Revised – Clean Version)
CHAPTER 32: ADMINISTRATIVE CODE ENFORCEMENT, CITATIONS AND CIVIL PENALTIES
Section
32.01 Application
32.02 Findings; purpose and intent
32.03 General provisions
32.04 Procedures
32.05 Recovery of civil penalties
32.06 Criminal penalties
32.07 Incorporated policies and standards
§ 32.01 APPLICATION.
This chapter shall govern administrative code enforcement, citations and civil penalties
for violations of the city’s ordinances.
(Ord. 205, passed 12-18-2018)
§ 32.02 FINDINGS; PURPOSE AND INTENT.
(A) The City Council finds that there is a need for one or more alternate methods of
enforcing the city’s ordinances. Though criminal fines and penalties have been the most
frequent enforcement mechanism, there are certain negative consequences for both the
city and the accused in that system. 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 for incarceration
do not appear appropriate for most administrative violations. The criminal process does
not always regard city ordinance violations as being particularly 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 could be pursued for city
ordinance violations.
(B) The administrative offense procedures established under this chapter are intended
to provide the public and the city with an informal, cost effective, and expeditious
alternative to traditional criminal charges for violations of certain ordinance provisions.
The procedures are intended to be voluntary on the part of those who have been charged
with the administrative offenses. At any time prior to the payment of the administrative
penalty as is provided for hereafter, the individual may withdraw from participation in the
procedures, in which event the city may bring criminal charges in accordance with law.
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Likewise, the city, in its discretion, may choose not to initiate an administrative offense and
may bring criminal charges in the first or succeeding instances.
(Ord. 205, passed 12-18-2018)
§ 32.03 GENERAL PROVISIONS.
(A) Administrative Ooffenses Eestablished. A violation of any provision of the city’s
ordinances, or the acts prohibited in § 32.07, is an administrative offense that may result in
an administrative citation and civil penalties pursuant to this chapter. Each day a violation
exists constitutes a separate offense.
(B) Fines Eestablished.
(1) The City’s fine is set in the amount of $100.00 for each administrative offense
u nless a fine or civil penalty is expressly set forth in a different amount elsewhere in City
code or per the fine schedule adopted by the City Council under section 32.03(B)(3).The
civil penalty amounts for offenses shall be as follows.
.Offense Amount Ordinance Reference
Offense Amount Ordinance Reference
Animal slaughter $25 Ordinance 69
Burning violations $25 Ordinance 11
Development Code violations
Environmental
Exterior storage and off-street parking
$50
$50
Ordinance 122
Ch. 2, § 3.3
Ch. 2, § 3.4
Dog violations
Public nuisance
Rabies vaccination
Identification
$50
$50
$50
Ordinance 185
§ 6
§ 3
§ 2
False alarms $25 Ordinance 63
Noise violations $50 Ordinance 65
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Rubbish violations $25 Ordinance 8
Operation of watercraft $25 Ordinance 155
Park violations
Animals
Erection of structure
Littering and dumping
Motorized vehicle
Non-motorized vehicle in Wind in the Pines
Open fires
Other park violations
Park hours
Removing, defacing, or destroying property
$25
$50
$25
$25
$25
$50
$25
$25
$50
Ordinance 133
§ 10
§ 3
§ 4
§ 5
§ 6
§ 7
§ 1
§ 2
Right-of-way violations
Designated no parking zones
Incorporated policies and standards
Materials on street, sidewalk, or right-of-way
Other parking
Parking near mailboxes
Seasonal weight restrictions
Snow and ice removal
Unobstructed width
$25
$25
$25
$25
$25
$100
$25
$25
Ordinance 204
§ 2.02
Art. 5
Art. 3
§ 2.06
Art. 4
§ 2.03
§ 2.04
Septic ordinance - “201” community septic system
Prohibited waste discharge
Other
$100
$50
Ordinance 202
§ 9
§ 8
Septic ordinance - Uptown system $100 Ordinance 134
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Prohibited waste discharge
Other
$50 § 9
§ 8
Skateboards $25 Ordinance 57
Snowmobiles $25 Ordinance 68
Tobacco
Tobacco product license - first time
Tobacco product license - second time
Other prohibited acts
$200
$500
$50
Ordinance 212
§ 12
§ 12
§ 12
(2) The administrative fine penalty imposed for a subsequent violations of the same or
similar nature as another violation by the same person in the prior 12 months shall be
increased by the total number of violations. As a result, a second violation shall be 200% of
the stated amount, and a third violation shall be 300% of the stated amount. , The
maximum fine for a violation, however, shall be set at the petty misdemeanor maximum, as
amended, which as of 2023 is $300.00. cprovided that no penalty shall exceed $300.
(3) The City Council may amend the civil penalty amounts by including a list of the
amounts in the city’s fee schedule ordinance that is adopted from time to time. Penalty
amounts shall be determined in accordance with the fee schedule in effect on the date of
the violation.
(C) Service of City Enforcement Action. As used in this chapter, service may be
accomplished by delivering a copy to the person directly; by leaving a copy at the
individual person’s usual place of abode with some person of suitable age and discretion
then residing there; by depositing a copy in the U.S. mail at a receptacle in the county,
postage prepaid and properly addressed to last known address of the person to be served;
or by any other manner provided in the Minnesota Rules of Civil Procedure. In the case of
service by mail, service is completed on mailing.
(Ord. 205, passed 12-18-2018)
§ 32.04 PROCEDURES.
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(A) Order to Ccorrect;: Eexceptions and Eextensions. Upon reasonable belief that an
administrative offense has occurred, any officer of the County Sheriff’s Department or any
other person (the “official”) employed by the city and authorized in writing by the City
Administrator shall serve on the violator an order to correct the violation. For violations of
the following divisions (A)(1) to (A)(5) below, the city shall not be required to issue an
order to correct and may proceed directly to the issuance of an administrative citation as
provided in division (B) below.
(1) Repeat offender. If the same person commits a subsequent violation within 12
months after an order to correct has been issued for the same or similar offense.
(2) License violations. For any license violations, including not having a license.
(3) Parking violations. For parking violations issued under Ch. 72 of this code.
(4) Animal violations. For any violations of Ch. 90 of this code.
(5) Noise violations. For any violation of §§ 91.01 to 91.08 (Noise Related Issues).
(B) Administrative Ccitation. If compliance is not achieved within the timeline
prescribed in an order to correct a violation, the official is authorized to issue an
administrative citation. An administrative citation shall be served on the person
responsible for the violation. The citation shall provide the following:
(1) The date, time, location, and nature of the offense;
(2) The indication of the relevant portion of the city code that was violated;
(3) The amount of the scheduled civil penalty and instructions for paying the penalty;
(4) Identification of the law enforcement officer or official issuing the citation;
(5) A statement that the city code violation and the amount of the administrative civil
penalty may be contested to be heard before an independent hearing officer by notifying
the City Administrator or designated representative in writing within 14 days of the date of
the citation; and
(6) A statement that failure to pay the administrative civil penalty may result in it being
assessed against the property as provided in M.S. Ch. 429, as it may be amended from time
to time.
(C) Payment of Ffines. Within 14 days of the service of the citation, the alleged violator
shall pay the amount of the applicable civil penalty.
(D) Request for Hhearing.
(1) Any person contesting an order to correct or citation issued pursuant to this
chapter may, within 14 days of the service of the order to correct or citation, request a
hearing by a hearing officer who shall forthwith conduct an informal hearing to determine
if a violation has occurred. The hearing officer shall have authority to dismiss the violation
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or reduce or waive the penalty. If the violation is overturned by the hearing officer, the
violator shall receive a refund of the civil penalty amount paid.
(2) A person requesting a hearing must pay a hearing request fee deposit at the time of
submitting the hearing request. The deposit shall be in the amount adopted by resolution of
the City Council. The deposit is refundable if the person attends the hearing. If the person
fails to attend the hearing, the deposit is forfeited. Refundable amounts will be applied first
to any fine resulting from the hearing with any balance returned to the person who paid
the deposit.
(E) Code Enforcement Hearing Committee.
Hearing officers. The City Council will periodically approve a list of lawyers, from which the
City Administrator will select a hearing officer to hear and determine a matter for which
the hearing is requested. The person who has requested the hearing has the right to
request, no less than 15 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 by the City
Administrator. A subsequent request must be directed to the assigned hearing officer, who
will decide whether the hearing officer can fairly and objectively review the case. If the
hearing officer cannot fairly and objectively review the case, the hearing officer shall
remove himself or herself from the case, and the City Administrator shall assign another
hearing officer. The hearing officer is not a judicial officer, but is a public officer as defined
by M.S. § 609.415, as it may be amended from time to time. The hearing officer shall not be
a current or former employee of the city.
(F) Notice of Hhearing. Notice of the hearing must be served on the person responsible
for the violation no less than 20 days in advance of the scheduled hearing, unless a shorter
time is accepted by both parties.
(G) Payment for Ccost of Hhearing.
(1) The cost of the hearing shall be borne solely by the non-prevailing party. The city
shall provide an estimate of the cost of the hearing at the time of the request for hearing.
The City Council has the authority to reduce the non-prevailing party’s costs where that
party can demonstrate indigency by clear and convincing evidence.
(2) Proof of indigency can be demonstrated by the party’s receipt of means-tested
governmental benefits or a demonstrated lack of assets or current income. Such proof shall
be presented to the City Council for determination subsequent to the hearing. However, the
hearing officer shall, at the time of the hearing, inquire whether or not the party claims
indigency, and, if so, report the claims to the City Council. In all cases where the party
requesting the hearing is unable to attend and fails to request a continuance of the hearing
at least 48 hours in advance of the scheduled hearing, all costs incurred by the city
attributable to the hearing shall be charged to the requesting party.
(H) Hearing Pprocedures. At the hearing, the parties shall have the opportunity to
present testimony and question witnesses, but strict rules of evidence shall not apply. The
hearing officer shall record the hearing and receive testimony and exhibits, and the full
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record of the hearing shall be retained for a reasonable time. The hearing officer shall
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.
(I) Authority of Code Enforcement Hearing Committee hearing officer. The hearing
officer has the authority to determine that a violation did or did not occur, to dismiss a
citation, to impose the scheduled fine, or 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:
(1) The duration of the violation;
(2) The frequency or recurrence 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 of the violator to comply;
(7) The economic impact of the penalty on the violator;
(8) The impact of the violation upon the community; and/or
(9) Any other factors appropriate to a just result.
(J) Fines for Ccontinuing Vviolations. The hearing officer may exercise discretion to
impose a fine for more than one day of a continuing violation, but only on a finding that the
violation caused a serious threat of harm to the public health, safety, or welfare, or the
accused intentionally and unreasonably refused to comply with the Code requirement. The
hearing officer’s decision and supporting reasons for continuing violations must be in
writing.
(K) Decision of the Code Enforcement Hearing Committeehearing officer. The hearing
officer shall issue a decision in writing to both parties within ten days of the hearing. Any
fines or penalties imposed must be paid no later than 30 days of the date of the hearing
officer’s decision. If the fine is not timely paid, the city may assess the civil penalty against
the person’s property pursuant to M.S. Ch. 429, as it may be amended from time to time. If
the hearing officer determines that no violation occurred, the city may not proceed with
criminal prosecution for the same act or conduct. The decision of the hearing officer is final
and may only be appealed to the state court of appeals by petitioning for a writ of certiorari
under M.S. § 606.01, as it may be amended from time to time.
(Ord. 205, passed 12-18-2018)
§ 32.05 ENFORCEMENT, CIVIL REMEDIES, AND CITY CORRECTIVE ACTIONRECOVERY OF
CIVIL PENALTIES.
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The City may elect to undertake any of the following enforcement actions individually or
collectively and in any order and the City’s enforcement action under one of the following
cannot and does not preclude the City from undertaking any of other enforcement actions
under City code or otherwise authorized by law.
(A) (A) Corrective Action. The City may seek a court order permitting the city enter a
person’s property and take corrective action to bring the property in to code
compliance and in addition seek the right to impose an assessment on the property
for all of the City’s corrective costs and expenses including city administrative and
personnel costs as well as city attorneys’ fees and costs.
(B) Unpaid fines. 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.
(B) Assessment. A lien may be assessed against the property and collected in the same
manner as taxes.
(C) Personal obligation. A personal obligation may be collected by any appropriate legal
means.
(D) Late fee. A late payment fee to 10% of the fine shall be assessed for each 30-day
period, or part thereof, that the fine remains unpaid after the due date.
(E) Suspension and revocation. Failure to pay a fine is grounds for suspending or
revoking a license or permit or other approval associated with the violation.
(Ord. 205, passed 12-18-2018)
§ 32.06 CRIMINAL PENALTIES.
At minimum all code violations under this Chapter are petty misdemeanors. To the fullest
extent permitted by law, code violations are punishable as misdemeanor offenses.
And to the fullest extent permitted by law, the following shall be deemed separate and
continuing city code violations and misdemeanor violations: The following are
misdemeanors, punishable in accordance with state law:
(A) Failure to pay a fine or request a hearing within 14 days after service of an
administrative citation;
(B) Failure to appear at a scheduled hearing after service of a notice regarding the same;
and
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(C) Failure to pay a fine imposed by a hearing officer within 14 days after it was
imposed, or such other time as may be established by the hearing officer.
(Ord. 205, passed 12-18-2018)
§ 32.07 INCORPORATED POLICIES AND STANDARDS.
The following policies and standards are incorporated into this chapter as if fully set forth
herein:
(A) (A) The Unified Development Code, as amended;
(B) Engineering Standards and Detail Specifications, adopted April 16, 2019 and
subsequent revisions;
(C) (B) Snow Plowing and Ice Control Policy, adopted February 15, 2011, and
amended April 15, 2014 and February 21, 2017 and subsequent revisions; andd
(D) (C) Road Right-of-Way Maintenance Policy, adopted November 15, 2016 and
subsequent revisions.
(Ord. 205, passed 12-18-2018; Ord. 211, passed 5-21-2019)
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CHAPTER 32: ADMINISTRATIVE CODE ENFORCEMENT, CITATIONS AND CIVIL PENALTIES
Section
32.01 Application
32.02 Findings; purpose and intent
32.03 General provisions
32.04 Procedures
32.05 Recovery of civil penalties
32.06 Criminal penalties
32.07 Incorporated policies and standards
§ 32.01 APPLICATION.
This chapter shall govern administrative code enforcement, citations and civil penalties
for violations of the city’s ordinances.
(Ord. 205, passed 12-18-2018)
§ 32.02 FINDINGS; PURPOSE AND INTENT.
(A) The City Council finds that there is a need for one or more alternate methods of
enforcing the city’s ordinances. Though criminal fines and penalties have been the most
frequent enforcement mechanism, there are certain negative consequences for both the
city and the accused in that system. 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 for incarceration
do not appear appropriate for most administrative violations. The criminal process does
not always regard city ordinance violations as being particularly 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 could be pursued for city
ordinance violations.
(B) The administrative offense procedures established under this chapter are intended
to provide the public and the city with an informal, cost effective, and expeditious
alternative to traditional criminal charges for violations of certain ordinance provisions.
The procedures are intended to be voluntary on the part of those who have been charged
with the administrative offenses. At any time prior to the payment of the administrative
penalty as is provided for hereafter, the individual may withdraw from participation in the
procedures, in which event the city may bring criminal charges in accordance with law.
Likewise, the city, in its discretion, may choose not to initiate an administrative offense and
may bring criminal charges in the first or succeeding instances.
(Ord. 205, passed 12-18-2018)
§ 32.03 GENERAL PROVISIONS.
(A) Administrative Offenses Established. A violation of any provision of the city’s
ordinances, or the acts prohibited in § 32.07, is an administrative offense that may result in
an administrative citation and civil penalties pursuant to this chapter. Each day a violation
exists constitutes a separate offense.
(B) Fines Established.
(1) The City’s fine is set in the amount of $100.00 for each administrative offense unless
a fine or civil penalty is expressly set forth in a different amount elsewhere in City
code or per the fine schedule adopted by the City Council under section 32.03(B)(3).
(2) The administrative fine imposed for subsequent violations of the same or similar
nature as another violation by the same person shall be increased by the total
number of violations. As a result, a second violation shall be 200% of the stated
amount, and a third violation shall be 300% of the stated amount. The maximum
fine for a violation, however, shall be set at the petty misdemeanor maximum, as
amended, which as of 2023 is $300.00.
(3) The City Council may amend the civil penalty amounts by including a list of the
amounts in the city’s fee schedule ordinance that is adopted from time to time.
Penalty amounts shall be determined in accordance with the fee schedule in effect
on the date of the violation.
(C) Service of City Enforcement Action. As used in this chapter, service may be
accomplished by delivering a copy to the person directly; by leaving a copy at the
individual person’s usual place of abode with some person of suitable age and discretion
then residing there; by depositing a copy in the U.S. mail at a receptacle in the county,
postage prepaid and properly addressed to last known address of the person to be served;
or by any other manner provided in the Minnesota Rules of Civil Procedure. In the case of
service by mail, service is completed on mailing.
(Ord. 205, passed 12-18-2018)
§ 32.04 PROCEDURES.
(A) Order to Correct; Exceptions and Extensions. Upon reasonable belief that an
administrative offense has occurred, any officer of the County Sheriff’s Department or any
other person (the “official”) employed by the city and authorized in writing by the City
Administrator shall serve on the violator an order to correct the violation. For violations of
the following divisions (A)(1) to (A)(5) below, the city shall not be required to issue an
order to correct and may proceed directly to the issuance of an administrative citation as
provided in division (B) below.
(1) Repeat offender. If the same person commits a subsequent violation within 12
months after an order to correct has been issued for the same or similar offense.
(2) License violations. For any license violations, including not having a license.
(3) Parking violations. For parking violations issued under Ch. 72 of this code.
(4) Animal violations. For any violations of Ch. 90 of this code.
(5) Noise violations. For any violation of §§ 91.01 to 91.08 (Noise Related Issues).
(B) Administrative Citation. If compliance is not achieved within the timeline prescribed
in an order to correct a violation, the official is authorized to issue an administrative
citation. An administrative citation shall be served on the person responsible for the
violation. The citation shall provide the following:
(1) The date, time, location, and nature of the offense;
(2) The indication of the relevant portion of the city code that was violated;
(3) The amount of the scheduled civil penalty and instructions for paying the penalty;
(4) Identification of the law enforcement officer or official issuing the citation;
(5) A statement that the city code violation and the amount of the administrative civil
penalty may be contested to be heard before an independent hearing officer by notifying
the City Administrator or designated representative in writing within 14 days of the date of
the citation; and
(6) A statement that failure to pay the administrative civil penalty may result in it being
assessed against the property as provided in M.S. Ch. 429, as it may be amended from time
to time.
(C) Payment of Fines. Within 14 days of the service of the citation, the alleged violator
shall pay the amount of the applicable civil penalty.
(D) Request for Hearing.
(1) Any person contesting an order to correct or citation issued pursuant to this
chapter may, within 14 days of the service of the order to correct or citation, request a
hearing by a hearing officer who shall forthwith conduct an informal hearing to determine
if a violation has occurred. The hearing officer shall have authority to dismiss the violation
or reduce or waive the penalty. If the violation is overturned by the hearing officer, the
violator shall receive a refund of the civil penalty amount paid.
(2) A person requesting a hearing must pay a hearing request fee deposit at the time of
submitting the hearing request. The deposit shall be in the amount adopted by resolution of
the City Council. The deposit is refundable if the person attends the hearing. If the person
fails to attend the hearing, the deposit is forfeited. Refundable amounts will be applied first
to any fine resulting from the hearing with any balance returned to the person who paid
the deposit.
(E) Code Enforcement Hearing Committee.
Hearing officers. The City Council will periodically approve a list of lawyers, from which the
City Administrator will select a hearing officer to hear and determine a matter for which
the hearing is requested. The person who has requested the hearing has the right to
request, no less than 15 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 by the City
Administrator. A subsequent request must be directed to the assigned hearing officer, who
will decide whether the hearing officer can fairly and objectively review the case. If the
hearing officer cannot fairly and objectively review the case, the hearing officer shall
remove himself or herself from the case, and the City Administrator shall assign another
hearing officer. The hearing officer is not a judicial officer, but is a public officer as defined
by M.S. § 609.415, as it may be amended from time to time. The hearing officer shall not be
a current or former employee of the city.
(F) Notice of Hearing. Notice of the hearing must be served on the person responsible for
the violation no less than 20 days in advance of the scheduled hearing, unless a shorter
time is accepted by both parties.
(G) Payment for Cost of Hearing.
(1) The cost of the hearing shall be borne solely by the non-prevailing party. The city
shall provide an estimate of the cost of the hearing at the time of the request for hearing.
The City Council has the authority to reduce the non-prevailing party’s costs where that
party can demonstrate indigency by clear and convincing evidence.
(2) Proof of indigency can be demonstrated by the party’s receipt of means-tested
governmental benefits or a demonstrated lack of assets or current income. Such proof shall
be presented to the City Council for determination subsequent to the hearing. However, the
hearing officer shall, at the time of the hearing, inquire whether or not the party claims
indigency, and, if so, report the claims to the City Council. In all cases where the party
requesting the hearing is unable to attend and fails to request a continuance of the hearing
at least 48 hours in advance of the scheduled hearing, all costs incurred by the city
attributable to the hearing shall be charged to the requesting party.
(H) Hearing Procedures. At the hearing, the parties shall have the opportunity to present
testimony and question witnesses, but strict rules of evidence shall not apply. The hearing
officer shall record the hearing and receive testimony and exhibits, and the full record of
the hearing shall be retained for a reasonable time. The hearing officer shall 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.
(I) Authority of Code Enforcement Hearing Committee. The hearing officer has the
authority to determine that a violation did or did not occur, to dismiss a citation, to impose
the scheduled fine, or 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:
(1) The duration of the violation;
(2) The frequency or recurrence 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 of the violator to comply;
(7) The economic impact of the penalty on the violator;
(8) The impact of the violation upon the community; and/or
(9) Any other factors appropriate to a just result.
(J) Fines for Continuing Violations. The hearing officer may exercise discretion to impose
a fine for more than one day of a continuing violation, but only on a finding that the
violation caused a serious threat of harm to the public health, safety, or welfare, or the
accused intentionally and unreasonably refused to comply with the Code requirement. The
hearing officer’s decision and supporting reasons for continuing violations must be in
writing.
(K) Decision of the Code Enforcement Hearing Committee. The hearing officer shall issue
a decision in writing to both parties within ten days of the hearing. Any fines or penalties
imposed must be paid no later than 30 days of the date of the hearing officer’s decision. If
the fine is not timely paid, the city may assess the civil penalty against the person’s
property pursuant to M.S. Ch. 429, as it may be amended from time to time. If the hearing
officer determines that no violation occurred, the city may not proceed with criminal
prosecution for the same act or conduct. The decision of the hearing officer is final and may
only be appealed to the state court of appeals by petitioning for a writ of certiorari under
M.S. § 606.01, as it may be amended from time to time.
(Ord. 205, passed 12-18-2018)
§ 32.05 ENFORCEMENT, CIVIL REMEDIES, AND CITY CORRECTIVE ACTION.
The City may elect to undertake any of the following enforcement actions individually or
collectively and in any order and the City’s enforcement action under one of the following
cannot and does not preclude the City from undertaking any of other enforcement actions
under City code or otherwise authorized by law.
(A) Corrective Action. The City may seek a court order permitting the city enter a
person’s property and take corrective action to bring the property in to code
compliance and in addition seek the right to impose an assessment on the property
for all of the City’s corrective costs and expenses including city administrative and
personnel costs as well as city attorneys’ fees and costs.
(B) Unpaid fines. 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.
(B) Assessment. A lien may be assessed against the property and collected in the same
manner as taxes.
(C) Personal obligation. A personal obligation may be collected by any appropriate legal
means.
(D) Late fee. A late payment fee to 10% of the fine shall be assessed for each 30-day
period, or part thereof, that the fine remains unpaid after the due date.
(E) Suspension and revocation. Failure to pay a fine is grounds for suspending or
revoking a license or permit or other approval associated with the violation.
(Ord. 205, passed 12-18-2018)
§ 32.06 CRIMINAL PENALTIES.
At minimum all code violations under this Chapter are petty misdemeanors. To the fullest
extent permitted by law, code violations are punishable as misdemeanor offenses.
And to the fullest extent permitted by law, the following shall be deemed separate and
continuing city code violations and misdemeanor violations:
(A) Failure to pay a fine or request a hearing within 14 days after service of an
administrative citation;
(B) Failure to appear at a scheduled hearing after service of a notice regarding the same;
and
(C) Failure to pay a fine imposed by a hearing officer within 14 days after it was
imposed, or such other time as may be established by the hearing officer.
(Ord. 205, passed 12-18-2018)
§ 32.07 INCORPORATED POLICIES AND STANDARDS.
The following policies and standards are incorporated into this chapter as if fully set forth
herein:
(A) The Unified Development Code, as amended;
(B) Engineering Standards and Detail Specifications, adopted April 16, 2019 and
subsequent revisions;
(C) Snow Plowing and Ice Control Policy, adopted February 15, 2011, and amended April
15, 2014 and February 21, 2017 and subsequent revisions; and
(D) Road Right-of-Way Maintenance Policy, adopted November 15, 2016 and
subsequent revisions.
(Ord. 205, passed 12-18-2018; Ord. 211, passed 5-21-2019)