5. Discussion on draft of an administrative citation ordinanceSCANDILA
Staff Report
Date of Meeting: June 6, 2018
To: City Council
From: Neil Soltis, Administrator
Re: Administrative Citation Ordinance
Background: At the May work Session there was a discussion regarding utilizing an administrative
citation process for parking enforcement at Wind in the Pines. The Council recognized that there
may be value to use the administrative citation process for other issues such as junked cars and
other nuisances and that the process could be an alternative to relying on courts to reconcile
nuisance violations. Staff was directed to prepare an ordinance for an administrative citation
process to be discussed at a future meeting.
Legal Counsel has prepared a draft of an ordinance that would create an administrative citation
process. The draft ordinance provides for the option to issue an administrative citation for
ordinance violations. The citation could be issued by the Sheriff Department or a designee such as
the Building Inspector. The alleged violator is provided time to pay an amount set by ordinance or
to request a hearing. The hearing would be held by a designated hearing officer. The penalties for
recovery of the civil penalties are spelled out in the ordinance along with the criminal penalties for
failure to pay or appear at a hearing.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SCANDIA, WASHINGTON COUNTY,
MINNESOTA, ESTABLISHING AN ADMINISTRATIVE CITATION PROGRAM, AND
PROVIDING FOR THE PURPOSES AND ADMINISTRATION THEREOF
Section 1. The City Council of the City of Scandia, Washington County, Minnesota
hereby ordains:
ARTICLE ONE
Administrative Citations and Civil Penalties
Sec. .01. Application; Administrative citations and civil penalties.
Sections - through - shall govern administrative citations and civil penalties for
violations of the City's ordinances.
Sec. _.02. Findings; Purpose and Intent.
The city council finds that there is a need for alternate methods of enforcing the City's
ordinances. 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 ordinance violations as being 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 may be pursued for City ordinance 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.
Sec. .03. General Provisions.
Subd. 1. A violation of any provision of the City's ordinances or the acts prohibited in
Section _-_ 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.
Subd. 2. Any officer of the Washington County Sherriff's Department or any other person
employed by the City, authorized in writing by the city administrator shall, upon determining that
there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the
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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.
Subd. 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 city 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.
Subd. 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.
Subd. 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.
***Alternative Section .03***
Sec. .03. General Provisions.
Subd. 1. A violation of any provision of the City's ordinances or the acts prohibited in
Section _-_ 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.
Subd. 2. The City Council shall adopt the civil penalty amounts and include a list of such
amounts in the City's Fee Schedule Ordinance that is adopted from time to time.
Subd. 3. The City Administrator shall create procedures for administering the
administrative citation program established by this Ordinance.
Sec. .04. Recovery of civil penalties.
Subd. 1. If a civil penalty is not paid within the time specified, it shall constitute:
taxes.
a. 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
b. A personal obligation of the violator in all other situations.
Subd. 2. A lien may be assessed against the property and collected in the same manner as
Subd. 3. A personal obligation may be collected by any appropriate legal means.
Subd. 4. A late payment fee to ten percent of the fine shall be assessed for each 30 -day
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period, or part thereof, that the fine remains unpaid after the due date.
Subd. 5. Failure to pay a fine is grounds for suspending or revoking a license or permit or
other approval associated with the violation.
Sec. _.05. Criminal penalties.
Subd. 1. The following are misdemeanors, punishable in accordance with state law:
a. Failure to pay a fine or request a hearing within seven days after issuance of an
administrative citation.
b. Failure to appear at a hearing which was scheduled.
c. 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.
Sec. _.06. Incorporated Policies and Standards.
The following policies and standards are incorporated into this Ordinance as if fully set
forth herein:
Section 2. The following Ordinances are hereby repealed:
Section 3. This Ordinance shall be in full force and effect from and after its passage and
publication according to law.
Adopted by the City Council of the City of Scandia, Minnesota, this _ day of
, 2018.
ATTEST:
Neil Soltis, City Administrator
Christine Maefsky, Mayor
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