Loading...
09.f Scandia City Attorney 2024 Supplemental Report - Administrative Code Enforcement Citations and Civil PenaltiesPage 1 of 1 ECKBERG LAMMERS CITY ATTORNEY STAFF REPORT Date: January 16, 2024 To: City of Scandia Mayor and City Council From: Eric Larson, City Attorney Subject: Supplemental City of Scandia Administrative Code Enforcement, Citations, and Civil Penalties INTRODUCTION At its Tuesday, December 19, 2023 Scandia City Council meeting, the City Council reviewed and discussed with staff possible revisions to Scandia Administrative Code Chapter 32, Administrative Citations and Civil Penalties. On the attached Chapter 32 is a proposed strikeout and underline to Chapter 32 based on Council feedback. DISCUSSION The major items concern the fine amount and the hearing officer process. The fine was set at a fixed $100.00. The Council leaned toward retaining the hearing officer process for any person contesting or objecting to code violations. What was noted by City staff and the City Council was that for some time, the hearing officer process has not been used. Therefore, the aim was to revise the hearing officer process to communicate more clearly and efficiently the Hearing Officer process and authority. In addition, an appeal of the Hearing Officer decision was changed from the Minnesota Court of Appeals to the Washington District Court. Therefore, the question is, are there any additional revisions to be made to facilitate the use of a Hearing Officer to resolve code enforcement violations? RECOMMENDATION The City Administrator and City Attorney recommend revising Chapter 32 along the lines of the attached enforcement hearing process. ATTACHMENTS: Chapter 32: Administrative Citations and Civil Penalties (redline) Chapter 32: Administrative Citations and Civil Penalties (Revised – Clean Version) 1 Formatted: Header Formatted: Footer 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 penaltiesRequest for Hearing; Hearing Officer 32.06 Enforcement, civil remedies, and city corrective action 32.07 Criminal penalties 32.07 08 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 m ethod 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 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Indent: First line: 0.5" 2 Formatted: Header Formatted: Footer 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 § 32.0708 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 establishedEstablished. (1) Fine Per Offense. The City’s fine is set in the amount of $100.00 for each administrative offense unless a fine or 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 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 $25 $50 $25 $25 $25 $50 Ordinance 133 § 10 § 3 § 4 § 5 § 6 Formatted: Font: Bold Formatted: Indent: First line: 0.5" Formatted: Font: Italic Formatted: Font: Italic 3 Formatted: Header Formatted: Footer Open fires Other park violations Park hours Removing, defacing, or destroying property $25 $25 $50 § 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 Prohibited waste discharge Other $100 $50 Ordinance 134 § 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) 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) Fine, Subsequent Violations. The administrative penaltyfine imposed for a subsequent violation of the same or similar nature as another violation by the same person in the prior 12 monthsshall be increased by the total number of violations. As a result, a second violation shall be 200% of the stated amount, provided that no penaltyand a third violation shall exceed $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. For continuous violations, after the $300.00 maximum penalty amount has been reached, the City may impose multiple administrative penalties at the maximum amount until the ordinance violation is completely corrected. Formatted: Indent: First line: 1" 4 Formatted: Header Formatted: Footer (3) City Fine Schedule. 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) (A) Order to correct: exceptions and extensions. Upon reasonable belief that an administrative offense has occurred, any officer of the County Sheriff’s DepartmentHearing Petition. The objective is for all city residents to comply with the city’s ordinances. As more fully set forth below, the City anticipates the following code enforcement sequence: (1) Notice or Order to Correct the ordinance violation; (2) Administrative Citation with imposed Penalty if there is a failure to correct; (3) Hearing Officer Proceeding if requested by resident or city; and (4) civil district court enforcement actions and/or criminal prosecution. Facts and circumstances, however, may change the sequence and manner of the City’s code enforcement procedures and actions. (B) Notice or Order to Correct: Exceptions and Extensions. Upon reasonable belief that a code violation has occurred, the City Administrator, or any other person (the “official”) employed by the city and authorized in writing by the City Administrator shall , or any officer of the County Sheriff’s Department (the “Official”) may serve on the violator an order to correct the violation. Forordinance 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. (C) (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 citationCitation. If compliance is not achieved within the timeline prescribed in an order to correct a violation, the officialOfficial is authorized to Formatted: Indent: First line: 0.56" Formatted: Indent: First line: 0.5" Formatted: Font: Italic Formatted: Font: Bold Formatted: Indent: Left: 0", First line: 0.5", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.45" + Indent at: 0.78" Formatted: Indent: First line: 0.5" Formatted: Font: Italic 5 Formatted: Header Formatted: Footer 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(s) of the city code that was violatedrelated to the offense; (3) The amount of the scheduled civil penalty and instructions for paying the penalty; (4) Identification of the Official or 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 officerHearing Officer by notifying the City Administrator or designated city 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. (D) Immediate Administrative Citation. For the following violations, the city shall not be required to issue an order to correct and may proceed directly to the issuance of an administrative citation. (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). (C (6) Other violations. Any city code expressly authorizing the immediate issuance of an Administrative Citation for specific code violations; Circumstances that in the discretion of the City Administrator require immediate corrective action. (E) Payment of finesFines. 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) § 32.05. REQUEST FOR HEARING; HEARING OFFICER Formatted: Indent: First line: 1" Formatted: Indent: First line: 0.31" Formatted: Indent: First line: 0.25" Formatted: Indent: First line: 0.5" Formatted: Font: Italic 6 Formatted: Header Formatted: Footer (A) Hearing Petition. Any person contesting an order to correct or citation issued pursuant to this chapterChapter 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 paidfile with the City Clerk or City Administrator a completed and signed hearing petition requesting a hearing be scheduled before a Hearing Officer. (2) (B) Hearing Deposit Fee. A person requesting a hearing must pay a hearing request fee deposit at the time of submitting the hearing request. The depositpetition, otherwise the hearing petition will not be deemed complete. The hearing fee 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) 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 fairlyfee is intended to cover the City’s hearing expenses. (C) Date, Location, 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.Hearing. The Hearing Officer shall set the hearing date, time, and location. The hearing shall be held at Scandia City Hall unless another location has been agreed to by all parties and the Hearing Officer. Notice of the hearing must be served on the person responsible for the violation no less than 2030 days in advance of the scheduled hearing, unless a shorter time is accepted by both parties. (G) Payment for cost of(D) Hearing Procedures. The Hearing Officer controls the proceedings in all respects. During the 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 ofalleged violator and 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. Formatted: Indent: First line: 0.5" Formatted: Font: Italic Formatted: Indent: First line: 0.5" Formatted: Font: Italic 7 Formatted: Header Formatted: Footer (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 shallCity shall present their respective positions based on documented evidence to 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 cas es 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 Independent Hearing Officer at 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. The Hearing Officer shall record the hearing and receive testimony and exhibits, and the full record of the hearing shall be provided to the City and retained for a reasonable time.the period required under Minnesota law. The hearing officerHearing Officer shall receive and give weight to evidence, including hearsay evidence, which possesses based on the probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (I) (E) Hearing Officer Authority of hearing officer.and Decision. The hearing officerHearing 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. WhenThe objective of the City, and by extension the objective of the Hearing Officer is to obtain code compliance; therefore, if the Hearing Officer determines that a violation has occurred and exists, when imposing a penalty for a violation, the hearing officerHearing 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(F) Fines for continuing violations.Continuing Violations. The hearing officerHearing Officer may exercise discretion to impose a fine additional administrative fines for more than one day of a continuing violation, but only based on a finding that the Formatted: Indent: First line: 0.5" Formatted: Font: Italic Formatted: Indent: First line: 0.5" Formatted: Font: Italic 8 Formatted: Header Formatted: Footer 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’sHearing Officer’s decision and supporting reasons for continuing violations must be in writing. (K(G) Decision of the hearing officer.Hearing Officer. The hearing officerHearing Officer shall issue a decision in writing to both parties within ten business days of the hearing. Any fines or penalties imposed must be paid no later than 30 days offrom the date of the hearing officer’sHearing 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 timeIf the Hearing Officer dismisses all violations and administrative fines, then the person shall receive a full refund of the hearing fee. (H) Hearing Costs; Payment. (1) Non-prevailing Party. 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 hearing petition. 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) Inability to Pay Petition Fee or Costs. If the alleged violator’s income is at or below the 125% of the Federal poverty level, receives public assistance, or does not have enough money to pay the filing fee, then the City Administrator or the Hearing Officer may waive all or a portion of the hearing costs. The alleged violator must provide proof of financial need, such as tax return, W-2, or public assistance documents. (I) Hearing Officer Authority and Duties and Responsibilities; Hearing Procedure s 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. (J) Appeal of Hearing Officer Decision. The decision of the Hearing Officer is deemed final, unless and until appealed to the state district court, Washington County, State of Minnesota. (Ord. 205, passed 12-18-2018) § 32.05 RECOVERY OF06 ENFORCEMENT, CIVIL PENALTIES.REMEDIES, AND CITY CORRECTIVE ACTION Formatted: Font: Italic Formatted: Font: Bold Formatted: Font: Bold 9 Formatted: Header Formatted: Footer 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 the other enforcement actions under City code or otherwise authorized 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 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(C) Assessment. A lienThe property may be assessed against the property for all fines and city cost and expenses and collected in the same manner as taxes. (C(D) Personal obligation. A personal obligation may be collected by any appropriate legal means. (D(E) 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(F) 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) § 32.0607 CRIMINAL PENALTIES. The following are misdemeanors, punishable in accordance with state law: All code violations under this Chapter are, at minimum, petty misdemeanors. To the fullest extent permitted by law, code violations may also be deemed and shall be 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 Formatted: Indent: First line: 0.5" Formatted: Font: Italic Formatted: Indent: First line: 0.5" Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Bold Formatted: Font: Bold Formatted: Indent: First line: 0.5" 10 Formatted: Header Formatted: Footer (C) Failure to pay a fine imposed by a hearing officerHearing Officer within 14 days after it was imposed, or such other time as may be established by the hearing officerHearing Officer. (Ord. 205, passed 12-18-2018) § 32.0708 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; (B) (C) Snow Plowing and Ice Control Policy, adopted February 15, 2011, and amended April 15, 2014 and February 21, 2017 and subsequent revisions; and (C (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) Formatted: Font: Bold Formatted: Font: Bold Formatted: Indent: Hanging: 0.28", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.45" + Indent at: 0.78" Formatted: Indent: Left: 0", Hanging: 0.44" Formatted: Indent: Left: 0", Hanging: 0.5" 1 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 Request for Hearing; Hearing Officer 32.06 Enforcement, civil remedies, and city corrective action 32.07 Criminal penalties 32.08 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. 2 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 § 32.08 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) Fine Per Offense. 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) Fine, Subsequent Violations. The administrative fine imposed for a subsequent violation 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. For continuous violations, after the $300.00 maximum penalty amount has been reached, the City may impose multiple administrative penalties at the maximum amount until the ordinance violation is completely corrected. (3) City Fine Schedule. 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) Hearing Petition. The objective is for all city residents to comply with the city’s ordinances. As more fully set forth below, the City anticipates the following code enforcement sequence: (1) Notice or Order to Correct the ordinance violation; (2) Administrative Citation with imposed Penalty if there is a failure to correct; (3) Hearing Officer Proceeding if requested by resident or city; and (4) civil district court enforcement 3 actions and/or criminal prosecution. Facts and circumstances, however, may change the sequence and manner of the City’s code enforcement procedures and actions. (B) Notice or Order to Correct: Exceptions and Extensions. Upon reasonable belief that a code violation has occurred, the City Administrator, or any other person (the “official”) employed by the city and authorized in writing by the City Administrator, or any officer of the County Sheriff’s Department (the “Official”) may serve on the violator an order to correct ordinance violations. (C) 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 relevant portion(s) of the city code related to the offense; (3) The amount of the scheduled civil penalty and instructions for paying the penalty; (4) Identification of the Official or law enforcement officer 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 Hearing Officer by notifying the City Administrator or designated city 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. (D) Immediate Administrative Citation. For the following violations, the city shall not be required to issue an order to correct and may proceed directly to the issuance of an administrative citation. (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). 4 (6) Other violations. Any city code expressly authorizing the immediate issuance of an Administrative Citation for specific code violations; Circumstances that in the discretion of the City Administrator require immediate corrective action. (E) Payment of Fines. Within 14 days of the service of the citation, the alleged violator shall pay the amount of the applicable civil penalty. § 32.05. REQUEST FOR HEARING; HEARING OFFICER (A) Hearing Petition. 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, file with the City Clerk or City Administrator a completed and signed hearing petition requesting a hearing be scheduled before a Hearing Officer. (B) Hearing Deposit Fee. A person requesting a hearing must pay a hearing request fee at the time of submitting the hearing petition, otherwise the hearing petition will not be deemed complete. The hearing fee shall be in the amount adopted by resolution of the City Council, which fee is intended to cover the City’s hearing expenses. (C) Date, Location, and Notice of Hearing. The Hearing Officer shall set the hearing date, time, and location. The hearing shall be held at Scandia City Hall unless another location has been agreed to by all parties and the Hearing Officer. Notice of the hearing must be served on the person responsible for the violation no less than 30 days in advance of the scheduled hearing, unless a shorter time is accepted by both parties. (D) Hearing Procedures. The Hearing Officer controls the proceedings in all respects. During the hearing, the alleged violator and the City shall present their respective positions based on documented evidence to be presented to the Independent Hearing Officer at the scheduled hearing. The Hearing Officer shall record the hearing and receive testimony and exhibits, and the full record of the hearing shall be provided to the City and retained for the period required under Minnesota law. The Hearing Officer shall receive and give weight to evidence based on the probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (E) Hearing Officer Authority and Decision. 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. The objective of the City, and by extension the objective of the Hearing Officer is to obtain code compliance; therefore, if the Hearing Officer determines that a violation has occurred and exists, 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 (5) The violator’s conduct after issuance of the notice of hearing; (6) The 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. (F) Fines for Continuing Violations. The Hearing Officer may exercise discretion to impose additional administrative fines for more than one day of a continuing violation based on a finding that 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. (G) Decision of the Hearing Officer. The Hearing Officer shall issue a decision in writing to both parties within ten business days of the hearing. Any fines or penalties imposed must be paid no later than 30 days from 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 dismisses all violations and administrative fines, then the person shall receive a full refund of the hearing fee. (H) Hearing Costs; Payment. (1) Non-prevailing Party. 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 hearing petition. 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) Inability to Pay Petition Fee or Costs. If the alleged violator’s income is at or below the 125% of the Federal poverty level, receives public assistance, or does not have enough money to pay the filing fee, then the City Administrator or the Hearing Officer may waive all or a portion of the hearing costs. The alleged violator must provide proof of financial need, such as tax return, W-2, or public assistance documents. (I) Hearing Officer Authority and Duties and Responsibilities; Hearing Procedure s 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. (J) Appeal of Hearing Officer Decision. The decision of the Hearing Officer is deemed final, unless and until appealed to the state district court, Washington County, State of Minnesota. (Ord. 205, passed 12-18-2018) 6 § 32.06 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 the other enforcement actions under City code or otherwise authorized 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 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. (C) Assessment. The property may be assessed for all fines and city cost and expenses and collected in the same manner as taxes. (D) Personal obligation. A personal obligation may be collected by any appropriate legal means. (E) 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. (F) 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) § 32.07 CRIMINAL PENALTIES. All code violations under this Chapter are, at minimum, petty misdemeanors. To the fullest extent permitted by law, code violations may also be deemed and shall be 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 7 (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) § 32.08 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)