7. Discussion on Wind and the Pines and regulation of parking
Staff Report
Date of Meeting: May 2, 2018
To: City Council
From: Neil Soltis, Administrator
Re: Wind in the Pines Parking
Background: At the April 17 City Council meeting there was discussion of utilizing an Administrative
Citation process for the enforcement of parking permits at Wind in the Pines. Following this report
are 2 examples of ordinance that would establish an administrative citation process along with an
information handout on administrative citations.
If the intent is to use parking permits to control access to the park and the intent is to use an
administrative citation as an option to a criminal citation, action would need to be taken on an
ordinance. Note that before an ordinance can be approved there needs to be a 10-day notice.
If passes are being utilized the cost of parking pass hangers range from purchasing paper stock
hangars and using the City copier ($0.50 / unit) to purchasing plastic hangers ($1.50 / unit). In
addition to the cost of the permits there would be costs incurred for printing any administrative
citations and for signage.
Direction is needed from the Council on whether to utilize parking permits and how the
enforcement would take place. If the decision were to be made at the meeting a draft of the
ordinance could be posted to comply with the 10-day notice requirement so that action could be
taken at the May 17th Council meeting.
The City of Brainerd has initiated an Administrative
Citation process to address infractions of a civil
nature defined in the City Codes. This procedure is
being implemented because the Crow Wing County
Courts system is overloaded, and citizens are left with
the feeling of being labeled a criminal for violations of
administrative regulations.
Before issuing an Administrative Citation, the City
may issue an “Order to Correct” letter, outlining the
violation and compliance deadline.
An Order to Correct an Administrative Violation will
clearly state the nature of the violation, the City Code
section it pertains to, the date to have it corrected,
and any other options open to you. Please do not
ignore this letter. Failure to
make the corrections will result
in an Administrative Citation
which will establish a fine,
along with an order to correct
the violation and failing that,
the City will abate the problem
and you will be assessed the
costs and the fine.
The end goal of this program is to achieve a
community of quality and to instill pride in the
neighborhoods, thereby retaining property values.
You are asked to take responsibility and action; make
arrangements and begin work early enough to
complete the repair on time. If you are unable to
complete all the work by the compliance date, please
call the staff person listed on the letter and request
an extension to avoid further action. Staff can work
with you to help resolve the violation, including but
not limited to reasonable extensions for compliance.
If you receive a citation, you may correct the violation
and pay the fine. If you decide to contest the
violation, you may request a hearing; you must
respond within 10 days from the citation date. The
purpose of a hearing is to determine whether or not a
violation(s) of the City Code existed. If you request a
hearing and the citation stands, you will be
responsible for the hearing costs, the fines as
determined by the hearing officer, and the correction
hearing and the citation stands, you will be
responsible for the hearing costs, the fines as
determined by the hearing officer, and the correction
of the violation.
If you do contest the citation and request a hearing,
you will be notified by mail as to the date, time and
place of the hearing as well as the name of the
Hearing Officer. If you cannot make that date or wish
to request the Hearing Officer be removed from the
case, you must do so no later than 15 days before the
date of the hearing. If so, a new hearing date will be
set and you will be notified.
The hearing will be informal and will be recorded.
You may present any information and have witnesses
to support your case. The City will present its case
and provide any supporting documentation or
witnesses as well. The Hearing Officer may render a
decision immediately or can delay the decision but
must issue a decision within 10 days of the hearing.
You will receive the decision in writing and if the
violation is upheld, the amount of the fines and other
pertinent information will be provided. The decision
of the Hearing Officer is final and may only be
appealed to the Minnesota Court of Appeals.
If the violation is upheld, you will have 30 days to
correct the violation and pay the fines and hearing
costs. Unpaid fines including an administrative
charge plus interest of the total balance will be
assessed against your property. For uncorrected or
continued violations, the City will abate the violation
and assess the charges for doing so.
More information can be obtained on the City
Website at: ci.brainerd.mn.us
City of Brainerd
Administrative Citation Program
ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES
[Application.]
Sections shall govern administrative citations and civil penalties for violations of the City Code.
[Alternative enforcement methods.]
The city council finds that there is a need for alternate methods of enforcing the City Code. While
criminal fines and penalties have been the most frequent enforcement mechanism, there are certain
negative consequences for both the city and the accused. 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 of incarceration do not appear appropriate for
most administrative violations. The criminal process does not always regard City Code violations as being
important. Accordingly, the city council finds that the use of adminis trative 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 may be pursued for City Code violations.
The administrative offense procedures established pursuant to 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.
General provisions.
(1) A violation of any provision of the City Code or the acts prohibited in section xxxx is an administrative
offense which may be subject to an administrative citation and civil penalties pursuant to this chapter.
Each day a violation exists constitutes a separate offense.
(2) Any officer of the W ashington County sheriff Department or any other person employed by the city,
authorized in writing by the city administrator shall, upon determ ining that there has been a violation,
notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation.
Said notice shall set forth the nature, date and time of violation, the name of the official issuing the
notice, and the amount of the scheduled penalty.
(3) Once such notice is given, the alleged violator may, within seven days of the time of issuance of the
notice, pay the amount set forth on the schedule of penalties for the violation as adopted by the ci ty
council resolution from time to time, or may request a hearing in writing, as is provided for hereafter.
The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of
the violation.
(4) Any person contesting an administrative offense pursuant to this chapter may, within seven days of
the time of issuance of the notice, 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 sustained by the hearing officer,
the violator shall pay the penalty imposed within seven days or withdraw from participation in the
administrative procedure by notice in writing.
(5) A person designated in writing by the city administrator shall be the hearing officer. The hearing officer
is authorized to hear and determine any controversy relating to administrative offenses provided for in
this chapter.
Recovery of civil penalties.
(1) If a civil penalty is not paid within the time specified, it shall constitute:
a. A lien upon the real property upon which the violation occurred if the property or impro vements
on the property was the subject of the violation and the property owner was found responsible for
that violation; or
b. A personal obligation of the violator in all other situations.
(2) A lien may be assessed against the property and collected in the same manner as taxes.
(3) A personal obligation may be collected by any appropriate legal means.
(4) A late payment fee to ten percent of the fine shall be assessed for each 30-day period, or part thereof,
that the fine remains unpaid after the due date.
(5) Failure to pay a fine is grounds for suspending or revoking a license or permit or other approval
associated with the violation.
Criminal penalties.
The following are misdemeanors, punishable in accordance with state law.
(1) Failure to pay a fine or request a hearing within seven days after issuance of an administrative
citation.
(2) Failure to appear at a hearing which was scheduled.
(3) Failure to pay a fine imposed by a hearing officer within seven days after it was imposed, or such
other time as may be established by the hearing officer.
Brainerd City Code 320.01
Section 320 – Administrative Citations
Section 320.01 Purpose. The City Council determines that there is a need for alternative
methods of enforcing the City Codes. While criminal fines and penalties have been the most
frequent enforcement mechanism, there are certain negative consequences for both the City and
the accused. 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 of incarceration do not appear appropriate for most administrative
violations. The criminal process does not always regard City Code violations as being important.
Accordingly, the City Council finds the use of administrative citations and the imposition of civil
penalties is a legitimate and necessary alternative method of enforcement. This method of
enforcement is in addition to any other legal remedy that may be pursued for City Code
violations.
Section 320.03 Alternative Methods of Enforcement. This administrative enforcement
procedure seeks to gain compliance with certain provisions of the City Code prior to any formal
criminal or civil court action. The administrative hearing process provided for in this Section
shall be in addition to any other legal or equitable remedy available to the City for City code
violations, except that if a determination is made by the hearing officer pursuant to the hearing
process detailed in Section 320.19 that a violation did not occur, the City may not then proceed
with criminal prosecution of the same act or conduct.
Section 320.05 Authority to Issue Order to Correct Letters and Administrative Citations.
The following City employees and agents are authorized to issue compliance letters and
administrative citations for violations of the City Codes:
1) Licensed peace officers, the Crime Prevention Specialist, and Community Service
Officers of the Brainerd Police Department;
2) City Building Official;
3) Building Inspectors;
4) Housing Inspector;
5) Animal Control Officer;
6) City Engineer;
7) City Planner;
8) Fire Chief, or Fire Inspector of the Brainerd Fire Department
Section 320.07 Administrative Offenses; Schedules of Fines and Fees.
Subd. 1 A violation of any provision of the City Code is an administrative offense which
may be subject to an administrative citation and civil penalties pursuant to this ordinance. Each
day a violation exists constitutes a separate offense.
Brainerd City Code 320.07 Subd. 2
Subd. 2 An administrative offense may be subject to a civil penalty not exceeding
$2,000.
Subd. 3 The City Council shall adopt by resolution a schedule of recommended fines for
offenses initiated by administrative citation. The City Council is not bound by that schedule
when a matter is appealed for administrative review.
Subd. 4 The City Council may adopt a schedule of fees to be paid to administrative
hearing officers.
Subd. 5 The City Council shall adopt written procedures for administering the
administrative citation program.
Section 320.09 Order to Correct; Administrative Citations. Upon the reasonable belief
that an administrative offense has occurred, the City officials listed in Section 320.05 shall serve
on the violator an order to correct the violation. If compliance is not achieved within the
timeline prescribed in the order to correct the violation, the official is authorized to issue an
administrative citation. An administrative citation shall be presented in person or by first class
mail to the person responsible for the violation. Service shall be deemed complete upon
depositing the citation in the U.S. Mail, properly addressed to last known address of the person
to be served and postage prepaid. The citation shall state the following: date, time and nature of
the offense, citing the relevant portion of the City Code that was allegedly violated, the amount
of the scheduled civil fine, and the manner for paying the fine, 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 10 days of the date of the citation, and a statement that failure to pay the
administrative civil penalty may result in it being assessed against the property as provided in
Minnesota Statutes Chapter 429.
Section 320.11 Exceptions to Issuance of Order to Correct Letter. For violations of the
following sections, the City shall not be required to issue a compliance letter and may proceed
directly to the issuance of an administrative citation as provided in Section 320.09.
1) Repeat Offender. If the same owner commits a subsequent violation within 12
months after a compliance letter has been issued for the same or similar offense.
2) License Violations. For any license violations, including not having a license.
3) Traffic or Parking Violations. For traffic or parking violations issued under Sections
1300, 1305, 1310 and 1315 including obstruction of fire hydrants or fire lanes.
4) Animal Violations. For any violations of City Code Section 900.03 (Running at
Large) or City Code 900.21 (Dangerous Dogs).
5) Noise Violations. For any violation of City Code Section 2014 (Noise Related
Issues).
Brainerd City Code 320.13
Section 320.13 Reasonable Extensions. Following service of the compliance letter, the
City shall attempt to work with the owner to resolve the violation, including but not limited to
responding to reasonable extensions for compliance.
Section 320.15 Payment of Penalty and Correction of Violation. If the owner pays the
administrative civil penalty and corrects the City Code violation, no further action will be taken
against the owner or the owner’s real property for that same violation. If payment is made but
correction is not accomplished, a subsequent administrative citation may be issued, criminal
proceedings may be initiated, or any other proceedings or remedies available in order to enforce
correction of the violation. If no payment is made and no correction of the violation is made, the
City may assess the administrative civil penalty against the property owner pursuant to
Minnesota Statutes Chapter 429, issue a subsequent administrative citation and commence a new
administrative process, initiate criminal proceedings, or initiate other enforcement action
authorized by law, or a combination hereof.
Section 320.17 Request for Hearing. An owner or occupant may contest the
administrative citation and the amount of the fine by requesting a hearing, in writing, within 10
days of the date of the citation, to the City Administrator or designated representative.
Section 320.19 Administrative Hearing Procedures.
Subd 1. 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 later than 15 days before the date of the hearing, that the assigned Hearing Officer be
removed from the case. One such 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 such a finding
is made, 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 Minnesota Statutes, Section 609.415. The Hearing Officer
shall not be a current or former employee of the City of Brainerd.
Subd 2. Notice of Hearing. Notice of the hearing must be served in person or by first
class mail to 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. Service shall be deemed
complete upon depositing the Notice of Hearing in the U.S. Mail, properly addressed to last
known address of the person to be served and postage prepaid.
Subd 3. Payment for Cost of Hearing. 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.
Brainerd City Code 320.19 Subd. 3 cont
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 at the
time of the hearing shall make specific findings as to whether or not the party is indigent with
said findings presented 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.
Subd 4. Hearing Procedures. At the hearing, the parties shall have the opportunity to
present testimony and question any 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 kept. 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.
Subd 5. Authority of Hearing Officer. The Hearing Officer has the authority to
determine that a violation did or did not occur, to dismiss a citation or 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;
9) Any other factors appropriate to a just result.
Subd 6. 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.
Subd 7. Decision of the Hearing Officer. The Hearing Officer shall issue a decision in
writing to both parties within 10 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 order. If the fine is not paid, the
City may assess the civil penalty against the owner’s property pursuant to Minnesota Statutes
Chapter 429. 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 Minnesota Court of Appeals by petitioning for a
writ of certiorari pursuant to Minnesota Statute Section 606.01.
Brainerd City Code 320.21
Section 320.21 Payment of fines. Prior to any assessment for unpaid fines, the City shall
seek payment of the fines by notifying the owner of the property in writing of the fine imposed.
Section 320.23 Assessment Procedure. Unpaid fines including an administrative charge
of $25.00 plus interest of the total balance will be assessed pursuant to Minnesota Statutes,
Chapter 429, against the property of the owner charged with the violation. For uncorrected or
continued violations, the City will correct the violation and assess the charges for doing so.
(Added Ord. 1191 – 2003, Ord. 1356 - 2010)