12. Discussion on proposed Administrative Citation ordinance
Staff Report
Date of Meeting: December 5, 2018
To: City Council
From: Neil Soltis, Administrator
Re: Administrative Citation Ordinance
Background: At the previous work sessions there were discussions regarding utilizing an
administrative citation process for issues such as junked cars, exterior storage, parking, 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. Working with legal counsel a draft of an ordinance that would create
an administrative citation process was prepared. The draft ordinance provides for the option to
issue an administrative citation for ordinance violations. The citation could be issued by the Sh eriff
Department or a designee such as the Building Inspector. The Council also requested that language
regarding the process that includes providing a compliance deadline before a citation is issued
be added as the first step to gain compliance. General language requiring with listed
exceptions that the violator be provided a notice to correct before a citation is issue d was
added in Sec.__.04. Procedures. The time to correct has been left open and can be adjusted
based on the nature of the violation. If the violation is not corrected within the time frame
provided in the notice, the alleged violator is provided time to pay an amount set by the 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. A listing of violations and penalties have also been added
to the ordinance since last review by the Council. The amounts were based on administrative
citation fees charged by other communities with similar ordinance in effect.
If the ordinance is approved by the Council work will begin on the implementation and education
process in advance of the ordinance being used.
Page 1 of 9
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 __.01 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 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.
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. 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.
Page 2 of 9
Subd. 1. Administrative Offenses established. A violation of any provision of the City’s
ordinances or the acts prohibited in Section __-__ 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.
Subd. 2. Fines established. The civil penalty amounts for offenses shall be as follows:
Offense Amount Ordinance Reference
Rubbish violations 25 Ordinance 8
Burning violations 25 Ordinance 11
Skateboards 25 Ordinance 57
False alarms 25 Ordinance 63
Noise violations 50 Ordinance 65
Snowmobiles 25 Ordinance 68
Animal slaughter 25 Ordinance 69
Tobacco Ordinance 92
Tobacco Product license – 1st time 100 Section 12
Tobacco Product license – 2nd time 250 Section 12
Other illegal acts 50 Section 11
Development Code violations Ordinance 122
Environmental 50 Chapter 2, Section 3.3
Exterior Storage and off-street parking 50 Chapter 2, Section 3.4
Park violations Ordinance 133
Park hours 25 Section 1
Removing, Defacing, or Destroying Property 50 Section 2
Page 3 of 9
Erection of structure 50 Section 3
Littering and dumping 25 Section 4
Motorized vehicle 25 Section 5
Non-motorized vehicle in Wind in the Pines 25 Section 6
Open fires 50 Section 7
Animals 25 Section 10
Other park violations 25
Septic ordinance – Uptown system Ordinance 134
Prohibited waste discharge 100 Section 9
Other 50 Section 8
Operation of Watercraft 25 Ordinance 155
Dog violations Ordinance 185
Public nuisance 50 Section 6
Rabies vaccination 50 Section 3
Identification 50 Section 2
Septic ordinance – 201 system Ordinance 189
Prohibited waste discharge 100 Section 9
Other 50 Section 8
Right-of-way violations Ordinance 197
Designated No parking zones 25 Section 2.02
Snow and Ice Removal 25 Section 2.03
Unobstructed Width 25 Section 2.04
Page 4 of 9
Parking near mailboxes 25 Section 2.06
Other Parking 25
Materials on Street, Sidewalk, or Right-of-way 25 Article 3
Seasonal Weight restrictions 100 Article 4
Incorporated Policies and Standards 25 Article 5
The administrative penalty imposed for a subsequent violation of the same or similar nature as
another violation by the same person in the prior 12 months shall be 200% of the stated amount,
provided that no penalty shall exceed $300.
The City Council may amend the civil penalty amounts by including a list of such 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.
Subd. 3. Service. 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 Washington County, Minnesota, 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 my mail, service is completed on mailing.
Sec. __.04. Procedures.
Subd. 1. Order to Correct; Exceptions and Extensions. Upon reasonable belief that an
administrative offense has occurred, any officer of the Washington County Sherriff’s Department
or any other person (the “Official”) employed by the City and authorized in writing by the City
Administrator shall serve on the violator an order to correct the violation. For violations of the
following sections, 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 Subdivision 2, below.
a. 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.
b. License Violations. For any license violations, including not having a
license.
c. Traffic or Parking Violations. For traffic or parking violations issued under
Ordinance 197 Sections 2 and 3.
Page 5 of 9
d. Animal Violations. For any violations of Ordinance 195, Section 6
(Running at Large)
e. Noise Violations. For any violation of Ordinance 65 (Noise Related Issues).
Subd. 2. 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:
a. the date, time, location, and nature of the offense;
b. the indication of the relevant portion of the City Code that was violated;
c. the amount of the scheduled civil penalty and instructions for paying the
penalty;
d. identification of the law enforcement officer or Official issuing the citation;
e. 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
14 days of the date of the citation; and
f. 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.
Subd. 3. Payment of Fines. Within 14 days of the service of the citation, the alleged
violator shall pay the amount of the applicable civil penalty.
Subd. 4. Request for Hearing. 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, 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 paid.
A person requesting a hearing must pay a hearing request fee deposit at the time of
submitting the hearing request. The deposit shall be in the amount adopt ed by resolution of the
City Council. The deposit is refundable if the person attends the hearing. If the person fails to
Page 6 of 9
attend the hearing, the deposit ifs forfeit. Refundable amounts will be applied first to any fine
resulting from the hearing with any balance returned to the person who paid the deposit.
Subd. 5. 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 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 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 Minnesota Statutes, Section 609.415. The hearing
officer shall not be a current or former employee of the City of Scandia.
Subd. 6. Notice of Hearing. Notice of the hearing must be served on 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.
Subd. 7. 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.
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 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 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. 8. 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 shall record the hearing and receive testimony and exhibits, and the full record of the
hearing shall be retained for a reasonable time. 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. 9. Authority of Hearing Officer. 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
Page 7 of 9
conditions. When imposing a penalty for a violation, the hearing officer may consider any or all
of the following:
a. The duration of the violation;
b. The frequency or recurrence of the violation;
c. The seriousness of the violation;
d. The history of the violation;
e. The violator’s conduct after issuance of the notice of hearing;
f. The good faith effort of the violator to comply;
g. The economic impact of the penalty on the violator;
h. The impact of the violation upon the community;
i. Any other factors appropriate to a just result.
Subd. 10. 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. 11. 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 decision. If the fine is not timely paid, the
City may assess the civil penalty against the person’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
under Minnesota Statute Section 606.01.
Sec. __.05. Recovery of civil penalties.
Subd. 1. Unpaid fines. 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 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. Assessment. A lien may be assessed against the property and collected in the
same manner as taxes.
Subd. 3. Personal Obligation. A personal obligation may be collected by any appropriate
legal means.
Subd. 4. 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.
Page 8 of 9
Subd. 5. 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.
Sec. __.06. Criminal penalties.
Subd. 1. Misdemeanors. The following are misdemeanors, punishable in accordance with
state law:
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.
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.
Sec. __.07. Incorporated Policies and Standards.
The following policies and standards are incorporated into this Ordinance as if fully set
forth herein:
(i) Engineering Standards and Detail Specifications, adopted September 20, 2011.
(ii) Snowplowing and Ice Control Policy, adopted February 15, 2011, and amended
April 15, 2014 and February 21, 2017.
(iii) Road Right of Way Maintenance Policy, adopted November 15, 2016.
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.
______________________________
Christine Maefsky, Mayor
ATTEST:
Page 9 of 9
___________________________________
Neil Soltis, City Administrator