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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 Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3