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)