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04. Code Enforcement Powerpoint_Scandia worksessionCode Enforcement Ordinance Changes City Attorney Amanda Johnson June 4, 2025 Tonight’s Agenda Brief Summary of Scandia’s Code Enforcement Tools. Summary of Proposed Code Changes. Code Enforcement Tools Compliance Letters Administrative Citations Abatement Civil Action (Injunction or Abatement) Hazardous Building/Property Criminal Citation Code Enforcement Tools Compliance Letter –for most code violations, particularly property violations, this is the first step. A letter to the property owner notifying them of the violation and requesting compliance by a set date. Administrative Citation –a non-criminal citation with a fine (usually $200) issued for a code violation. Abatement –physical action taken by the City to clean up a public nuisance. Code Enforcement Tools Civil Action (often under Minn. Stat. 617.81) –when the City seeks an injunction for continuing to violate city code. Hazardous Building (authority in Minn. Stat. Ch. 463) –action by the City, to require hazardous building be demolished. Criminal Citation –criminal action taken for code violation (used to be petty misdemeanor, now just misdemeanor) Changes to Scandia Code These are the City Staff tasked with enforcing the Code: •Includes authority to do anything that would “administer” or “enforce” the Code including: Building Official duties Fire Inspections Planning or Zoning duties •Zoning Letters •Administrative approvals (i.e. stamping deeds for lot line adjustments, etc.) •Utility related matters •Business licensing •Parks and Rec related matters Enforcement Officers Code Sec. 10.20 Gives Enforcement Officers the authority to enter buildings or property for any type of inspection: •Building inspections •Fire inspections •Nuisance related •Abatement •Utilities Note: These inspections still require property owner’s permission as required by the Fourth Amendment to the Constitution. Inspections of Buildings and Premises Chapter 10 –Section 10.98 –Supplemental Administrative Penalties -This section was integrated into Section 10.99 and Chapter 32 Repeal •Criminal Penalties. Code violations are now a misdemeanor, not a petty misdemeanor. •Corrective Action. Gives City the ability to assess all costs including attorney’s fees. •Abatement. •Administrative Citations. •Unpaid Fines and Costs. They shall be assessed against the related property. •Late fee. A late payment fee to 10% of the fine shall be assessed for each 30-day period. •Suspension and revocation. Failure to pay a fine is grounds for suspending or revoking a license or permit or other city approvals. General Penalties and Enforcement Sec. 10.99 Administrative Citations Chapter 32 These are citations that can be issued for a violation of City Code Not criminal (i.e. they are just a fine and require no appearance before a Judge). Typically require a compliance letter first. Exceptions for: •Repeat offenders •Fire protection and prevention violations •Animal violations •Traffic or parking •Noise •Failure to follow a stop work order from the Building Official •Emergency situations Contents of an Administrative Citation Property Address City Code section Amount of penalty Statement that failure to correct will result in another Administrative Citation Process for filing an appeal Statement that failure to pay may result in the fee being assessed •$200 per violation. •Doubles each time for same or similar code violation within one year of previous violation. •Maximum amount $2,000 per citation. •Administrative Citation Appeal filing fee $200. Administrative Citation Fees Appeal Process Citation/Abatement Notice issued Citation is paid and violation is corrected No further action Citation is paid, violation is not corrected Second admin. citation issued Possible different enforcement action Citation Notice is appealed Hearing Upheld –We win Fine must be paid and violation corrected Property Owner pays hearing fees Overturned –We lose and refund filing fee Citation is not paid Assess Abatement Sec. 91.08 and 91.09 Removable Nuisances Trash Weeds Snow Unsecured building Unsheltered Storage Trees Inoperative Motor Vehicles Other (danger to public health, safety and general welfare) Abatement Process Notice is sent to the owner/occupant Reinspect Failure = City removes nuisance Invoice is sent to the owner/occupant Failure to pay results in assessment •Enforcement Officer determine that the public health, safety or welfare may be in immediate danger. •Enforcement Officer authorizes emergency abatement. •Notice to the owner, agent or occupant of the property is not required. •Following emergency abatement, the city will post a notice on the property describing the action taken to abate the nuisance. Emergency Abatement A public hearing has been scheduled for June 17, 2025. Questions?