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2002-23 I I I BILL NO. 2002-23 AN ORDINANCE RELATING TO THE ADMINISTRATIVE ENFORCEMENT PROGRAM; ADDING SECTION 325 TO THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Section 325 of the Richfield City Code is amended by adding a section to read as follows: Section 325 - Administrative Enforcement Program 325.01. Administrative citations and civil penalties. Sections 325.15 through 325.35 govern administrative citations and civil penalties for violations of the city code. 325.05. Purpose. The City Council finds that there is a need for alternative 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 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. 325.10. General provisions. Subdivision 1. Administrative offense. A violation of any provision of the city code is an administrative offense that may be subject to an administrative citation and civil penalties. Each day a violation exists constitutes a separate offense. Subd. 2. Exemption. Alcohol and tobacco license violations, and motor vehicle violations are not subject to administrative citation under this ordinance. Subd. 3. Civil penaltv. An administrative offense may be subject to a civil penalty not to exceed the maximum penalty for a misdemeanor violation under state law. Subd. 4. Schedule of fines and fees. The City Council must adopt by resolution a schedule of fines for offenses initiated by administrative citation. The City Council may adopt a schedule of fees to be paid to administrative hearing officers. Subd. 5. Procedures. The city manager must adopt procedures for administering the administrative citation program. 325.15. Administrative citation procedures. Subdivision 1. Administrative Notice. Any person authorized to enforce provisions of the city code may issue an administrative order to correct condition or administrative citation upon belief that a code violation has occurred. (a) After the first violation, the city will deliver to the violator, either in person or by mail, the First Administrative Order to Correct Condition. The violator will have seven (7) days to correct the violation after issuance of the First Administrative Order to Correct Condition. (b) After the second violation involving the same offense, the City will issue to the I violator, either in person or by mail, the Second Administrative Order to Correct Condition. The violator will have seven (7) days to correct the violation after issuance of the Second Administrative Order to Correct Condition. Subd. 2. Citation. If the violator fails to correct the violation within the time period provided in the Second Administrative Order to Correct Condition, the City may issue an administrative citation. The City must issue the citation to the violator in person or by mail. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. Subd. 3. Payment. The person responsible for the violation must either pay the scheduled fine or request a hearing within 14 days after issuance. Penalties for failure to correct the violation or late payment of the fine may be imposed as set forth in section 325.30, subdivision 4. The city may issue a second citation or take other legal action to achieve compliance with the ordinances. 325.20. Administrative hearinq. Subdivision 1. Hearinq officers. The City Council will periodically approve a list of lawyers, from which the city clerk will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The hearing officer will be a public officer as defined by Minnesota I Statutes, Section 609.415. The hearing officer must not be a city employee. The city manager or their designee must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and city staff. These reports must be provided to the City Council. Subd. 2. Notice of hearinq. Within 10 days of the request for a hearing, the city clerk will schedule the hearing and will notify the violator of the date, time and place for the hearing. Parties are expected to be available for two hours. Notice of the hearing must be mailed to the violator or the property owner, if different from the violator, and the hearing officer at least ten days in advance of the scheduled hearing, unless a shorter time is accepted by all parties. The notice must contain the names of the violator or property owner, the identity of the hearing officer, the location of the alleged violation and the type of alleged violation. Subd. 3. Removal of hearing officer. No later than five days before the date of the hearing, the violator may make a written request that the assigned hearing officer be removed from the case. The city clerk will automatically grant one request for removal. A subsequent request must be directed to the assigned hearing officer who will decide whether they can fairly and objectively review the case. If the hearing officer determines they cannot fairly and objectively review the case, the hearing officer shall notify the city clerk in writing at least one day before the scheduled hearing date. The city clerk will then assign another hearing officer. Subd. 4. Continuance. A request for a continuance must be made to the city clerk at least five days prior to the scheduled date. Continuances will be granted only for good cause shown and for no more than ten days from the originally assigned date. I I I I - - --- - ?!~.~..- --~;;~~'j'~-- Subd. 5. File transmittal. Upon receipt of any request for a hearing the Public Safety Director or their designeevwill compile a file on each case consisting of the following: (a) copy of the citation issues; (b) copies of the two Administrative Orders to Correct Conditions, which preceded the citation (one copy for each of the two orders); (c) copy of any case history in the issuing employee's department; (d) photographs and/or videotape of property where available; (e) supplemental report detailing the facts in support of any determination that the offense constitutes a serious threat of harm to the public health, safety, or welfare; and (f) proof of mailing and/or posting of notice on the property if citation was not personally served on the violator. The file must be ready for the hearing officer to pick up on the business day preceding the scheduled hearing. Subd. 6. Presentation of case. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must tape record the hearing and may receive testimony and exhibits. The officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. Subd.7. Decision. (a) The decision of the hearing officer must be in writing and contain findings of fact, conclusions of law and an order. The decision will be mailed to the parties within ten days after the hearing. The hearing officer has the authority to determine that a violation occurred, 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 conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: (1) the duration of the violation; (2) the frequency or reoccurrence of the violation; (3) the seriousness of the violation; (4) the history of the violation; (5) the violator's conduct after issuance of the Administrative Orders to Correct Conditions; (6) the violator's conduct after issuance of the notice of hearing; (7) the good faith effort by the violator to comply; I - - - __ _I (8) the impact of the violation upon the community; (9) prior record of city code violations; and I (10) any other factors appropriate to a just result. (b) The hearing officer may not impose a fine greater than the established fine, except that the hearing officer may impose a fine for each week that the violation continues if: (i) the violation caused a serious threat of harm to the public health, safety, or welfare as determined by the hearing officer or that (ii) the violator intentionally and unreasonably refused to comply with the code requirement. (c) The hearing officer's decision and supporting reasons must be in writing. Subd. 8. Decision. Except as provided in section 325.25 the decision of the hearing officer is final without any further right of appeal. Subd. 9. Failure to appear. The failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. "Good cause" is limited to: death in the immediate family or documented incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. 325.25. Judicial review. An aggrieved party may obtain judicial review of the decision of the hearing officer as provided in state law. I 325.30. Recovery of civil penalties. Subdivision 1. Non-payment. If a civil penalty is not paid within the time specified, it will constitute: (a) a lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation; or (b) a personal obligation of the violator in all other situations. Subd. 2. Lien. 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 appropriate legal means. Subd. 4. Late Fees/Charges. (a) The fine will increase by 10% for each week, starting 10 days after the citation I was issued, that no action is taken to correct the violation. I I I - - - --- - -~ '~.ifi:_~-------C-";::~:o{;;I..~'I~'..6':~ (b) If payment arrives more than one week after it was due, an additional 1 0% of the fine may be assessed, together with interest, for each seven-day period, or part thereof, that the fine remains unpaid after the due date. Subd. 5. Unpaid civil penalty. During the time that a civil penalty remains unpaid, the provisions of city code, section 1005 apply to a license, permit, or other city approval sought by the violator or for property under the violator's ownership or control. Subd. 6. License revocation or suspension. Failure to pay a fine is grounds for suspending or revoking a license or permit related to the violation. 325.35. Criminal penalties. The following are misdemeanors, punishable in accordance with state law: (a) Failure, without good cause, to pay a fine or request a hearing within 10 days after issuance of an administrative citation; (b) Failure, without good cause, to appear at a hearing that was scheduled under section 325.20; (c) Failure to pay a fine imposed by a hearing officer within 10 days after it was imposed, or such other time as may be established by the hearing officer. If the final adjudication in the administrative penalty procedure is a finding of no violation, then the city may not prosecute a criminal violation in district court based on the same set of facts. This does not preclude the city from pursuing a criminal conviction for a violation of the same provisions based on a different set of facts. A different date of violation will constitute a different set of facts. Passed by the City Council of the City of Richfield, Minnesota this 10th day of December, 2002. /;~-:J1n A. b/tA~j) Martin J. K'irs0)Mayor ' ATTEST: '-flJ~~ A6{; Nancy Gibbs(}ity Clerk CITY OF RICHFIELD VIOLATION/FINE SCHEDULE ANIMALS 905.03 Failure to license animal $50.00 905.05 Failure to restrain dog $50.00 905.06 Failure to dispose of animal feces $50.00 930.15 Animal annoyance by reason of noise $50.00 905.17 Failure to quarantine animal $100.00 905.19 Failure to comply with potentially or dangerous dog $250.00 requirements 905.31 Failure to obtain commercial kennel license, multi-animal $50.00 residential license or veterinary kennel license 905.29 Abandonment of an animal $100.00 Failure to provide shelter, food or water for a domestic animal $250.00 2005.03 Cruelty to animals and birds $250.00 "" BUILDING CODE 400.19 Failure to number houses and buildings $50.00 405.09 Failure to provide minimum standards for basic equipment and $100.00 facilities 405.11 Failure to provide minimum standards for light, ventilation and $100.00 heating 405.13 Failure to provide minimum standards for safe and sanitary $100.00 maintenance of dwellings/dwelling units 405.15 Failure to provide minimum space $100.00 406.01 Failure to license rooming house $100.00 407.00 Failure to license apartment houses and rental homes $100.00 407.09 Failure to display license or provide tenant register $100.00 408.01 Failure to obtain certificate of housing maintenance $100.00 compliance (POS) 420 Failure to comply with swimming pool ordinance $100.00 BUSINESS LICENSES 1100.01 Failure to obtain amusement devices license $50.00 1340.01 Failure to obtain aircraft license $50.00 1105.01 Failure to obtain arcade license $50.00 1125.01 Failure to obtain car washing license $50.00 1130.03 Failure to obtain Christmas tree license $50.00 605.05 Failure to obtain commercial adult-oriented services license $50.00 11 96. 11 Failure to obtain an adult establishment license $50.00 1188.05 Failure to obtain a therapeutic massage license $50.00 1195.03 Failure to obtain an auto detaiiing establishment license $50.00 1200.03 Failure to obtain intoxicating liquor license $50.00 -\ I I: II I I I 1 I I I "~~'=~"~~'~ - BUSINESS LICENSES 850.09 Failure to obtain communjtYi,celebration license $50.00 1110.01 Failure to obtain concerts or dance license $50.00 615.05 Failure to obtain food establishment license $50.00 920.03 Failure to obtain firearms license $50.00 1130.05 Failure to obtain fortune teller license $50.00 601.15 Failure to obtain garbage and refuse collection license $50.00 1100.13 Failure to obtain lawful gambling license $50.00 1100.03 Failure to obtain general amusement license $50.00 1200.33 Failure to obtain a liquor employee license $50.00 1190.05 Failure to obtain motel license $50.00 1160.03 Failure to obtain motor bicycle license $50.00 1155.05 Failure to obtain a State motor vehicle dealers license $50.00 1155.07 Failure to obtain a City motor vehicle dealers license $50.00 1120.03 Failure to obtain movie theatre license $50.00 1210.05 Failure to obtain 3.2 intoxicating malt liquor license $50.00 1181.03 Failure to obtain transient merchant, peddlers, wagon peddlers $50.00 and solicitors license 905.39 Failure to obtain pigeon license $50.00 1186.05 Failure to obtain a pawnbroker license $50.00 1187.05 Failure to obtain a secondhand goods dealer license $50.00 1215.03 Failure to obtain a license for Sunday alcohol sales $50.00 610.03 Failure to obtain public bath license $50.00 1115.03 Failure to obtain roller rink license $50.00 601.33 Failure to obtain scavenger license $50.00 1145.01 Failure to obtain soft drink license $50.00 1165.03 Failure to obtain sound truck license $50.00 1175.03 Failure to obtain taxi driver license $50.00 1170.03 Failure to obtain taxi license $50.00 1146.05 Failure to obtain tobacco license $50.00 1185.01 Failure to obtain rental trailer and truck license $50.00 1100.15 Failure to obtain video game license $50.00 1225.03 Failure to obtain wine license $50.00 FENCESIWALLS/HEDGES 511.23 I Failure to maintain fences/walls/hedges 1$100.00 615 FOOD ESTABLISHMENTS I Violations of food establishment ordinance 1$100.00 GARBAGE 601.03 Failure to dispose of garbage/refuse $50.00 601.09 Improper storage and maintenance of garbage containers $50.00 601.35 Failure to comply with composting ordinance $50.00 LITTERING 830.03 Littering $50.00 830.07 Placing litter into gutters $50.00 830.31 Improper posting of notices $50.00 830.41 Improper placement of snow/ice $50.00 1135 Improper outdoor merchandising and storage $50.00 I 930 NOISE I Violations of the noise ordinance 1 $50.00 PARKING 1305.19 Failure to comply with the "Vehicles for Sale" ordinance $50.00 1305.27 Failure to comply with parking ordinance for certain $50.00 vehicles/trailers 1327.05 Failure to comply with parking of truck-tractors, semi-trailers, $50.00 truck-tractor and semi-trailer combinations or trucks ordinance PARKING: OUTSIDE STORAGE 1320 I Improper parking or storage 1$100.00 925 I Maintaining a public nuisance I $50.00 1325 RECREATIONAL VEHICLES I Improper parking or storage of recreational vehicles I -r $50.00 1416 SIGNS I Sign regulations 1$100.00 TRANSIENT MERCHANTS, PEDDLERS, WAGON PEDDLERS AND SOLICITORS 1181 1 Violation of transient merchant, peddler, wagon peddler and I $50.00 solicitor license ZONING 511 General Zoning Provisions, including encroachments; non- $100.00 conforming uses and structures; traffic visibility triangles; central air conditioner units; home occupations; and fences, walls, and hedges. I I I I ---'--C~'.~ ZONING 521 Rules for the R, R-1, MJ~,d<!:tM,R-2, and MR-3 residential zoning $100.00 districts, including permitted, ~ccessory, and conditional uses; lot area, width, depth, and coverage requirements; set-back and height requirements; accessory building and use regulations, outdoor open space; parking requirements; performance standards; conditional activity permits; and non- conforming use permits. 524 Rules for the SO-1 Service-Office zoning district, including $100.00 permitted, accessory and conditional uses; lot area, width, depth, and coverage requirements; set-back and height requirements; accessory building and use regulations; and rules for conduct of business operations. 526 Rules for the C-1, C-2, and C-3 commercial zoning districts, $100.00 including permitted, accessory, conditional and prohibited uses; lot area, width, depth, and coverage requirements; set- back and height requirements; accessory building and use regulations; rules for conduct of business operations. Also C-3 specific rules including transitional activity permits; non- conforming uses and structures; site plan approval; landscaping values; minimum floor-area ratios; solar access requirements; and maintenance of landscaping. 531 Rules for the I industrial zoning district, including permitted, $100.00 accessory and conditional uses; lot area, width, depth and coverage requirements; set-back and height requirements; accessory building and use regulations; and rules for the conduct of business operations. 536 Rules for PUD planned unit development zoning districts $100.00 including requirements for unified control; integrated design; coordination with subdivision regulations; lot area; allowable uses; proposal review and application; final development plans and conditional use permits; amendments; and fees. 538 Floodplain Management Regulations including permitted uses $100.00 in floodplain overlay districts; floodplain use permits; and construction standards near or in floodplain overlay districts. 541 Performance standards for all new developments except single $100.00 family, two family, and cluster home developments, including exterior lighting; traffic/parking studies; off-street parking and loading; landscaping and screening; underground utilities; exterior treatment of buildings; screening mechanical equipment; dumpster enclosures; and stormwater management. 546 Administration for the Board of Adjustments and Appeals; $100.00 Conditional Use Permits; Zoning Amendments; Variances , CI --- newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Sun-Current , and has full Financial Officer of the newspaper known as knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. s331A.02, s331A.07, and other applicable laws, as amended. (8) The printed public notice that is attached was published in the newspaper once each week, for ~ successive weeks; it was first published on Thursday, the ~ day of December ,2002, and was thereafter printed and published on every Thursday to and including Thursday, the _ day of , 2002; and printed below is a copy of the I lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publicationofthe /' abcdefghijklmnopqr!;tuvwxyz v~~. Sub",,;bed aod swam to)ll affi'med La", me on this 4 day of ,t;;14 ~) .12002. \, (\, CJ ') \ I ~ \',\ ryJ NotalQ' Pue~"NV\N'V"'IV./Vv"v""",.._ v.'^~ !t:.'?:.\ r'.I1ERIDEl- M. HEDBLOM I' ~,~;.:~~) NOr,\fW PUBlIC.MINNESOTA ! 6/ MY CO:,If,i,SSICN EXPIRES 1.31.2005 iii VVVV\lYVV'NVV-NVVVV'./\fVV'tV\'V\IVVVVV'. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ 2.85 per line (2) Maximum rate allowed by law $ 6.20 per line J (3) Rate actually charged $ 1.40 per line City of Richfield (Official Publication) SUMMARY PUBLICATION BILL NO. 2002.23 AMENDMENT. TO RICHFIELD CITY CODE; CREATION OF SECTION 325 The City Council has adopted Bill No. 2002-23, an ordi- nance entitled "Administrative Hearing Enforcement Pro- gram-Creation of Section 325." This summary of the or- dInance IS published pursuant to Section 3.12 of the Rich- field City Charter. The purpose of this ordinance is to establish an enforce- 1 meI.1t.proced~r~ using administrative citations and the im- pOSItIOn of CIVIl penalties as a method of enforcing city codes and regulations. This method of enforcement would be in addition to any other legal remedy that may be pur- sued for CIty Code violations. Copies of the full text of the ordin~nce are available for public inspection in the City Clerk s office dunng normal business hours or upon re- quest by calling 612_861-9760. BE IT FURTHER RESOLVED, that the' city clerk is di- rected to keep a copy of the ordinance in her office at city h~ll for I'ublic inspection and to post a full copy of the or- dInance In a public place In the City for a period of two weeks. Adopted by the City Council of the Citv of Richfield Min- nesota this 10th day of December. 2002. ' Martin J. Kirsch, Mayor A'ITEST: Nancy Gibbs, City Clerk (Dee 19, 2002lD2IBill 2002-23