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2002-01 I I I BILL NO. 2002-1 AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING CHAPTER 13 OF THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION REGARDING ADMINISTRATIVE FINES AND PENALTIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Backqround; findings; authority. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of the City has proposed the adoption of an Amendment adding a New Section to Chapter 13 of the charter and recommended to the City Council that the New Section be adopted by City Council ordinance in the manner prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on January 8, 2002 by the City Council after two weeks' published notice containing the text of the Amendment as required by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons desiring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that it is in the best interests of the City and its inhabitants that the Amendment be adopted. Section. 2 Adoption; effective date: filing. 2.01. The Amendment as proposed by the Charter Commission is adopted. 2.02. A new section 13.13 is added to the Richfield City Charter; the text of the Amendment is as follows: a. Section 13.13. Fines and Penalties. b. Subdivision 1. The council may establish by ordinance a procedure for imposinq an administrative penalty for any violation of the City Code or a City ordinance. The procedure must provide that any person charged with an administrative penalty will receive notices of violations and an opportunity to be heard by a neutral party, which may be the city council. The procedure may authorize the City to use the services of a non-City employee to decide whether an administrative penalty should be imposed. c. Subdivision 2. The City Council may provide by ordinance that unpaid administrative penalties be collected as a special assessment against property which was the subiect matter, or related to the subiect matter, of the penalty or aqainst the property which was the location of an activity, proposed use, delivery of City service, or other circumstances that resulted in the penalty. The ordinance must provide that the City will first attempt to obtain voluntary payment of the penaltv. The ordinance must also provide that notice and an opportunity to be heard will be given to the property owner listed on the official tax records before the penaltv is assessed. 2.03. This ordinance is effective ninety (90) days after its publication, except that if within sixty (60) days after publication a petition requesting a referendum on this ordinance, signed by the number of registered voters of the City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the voters voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City Clerk's office together with the certificate required by Section 410.11 of the Act. Passed by the City Council of the City of Richfield, Minnesota this 8th day of January, 2002. ??)Z/;;;A I~J Martin J. Kirsch,Jv1ayor ATTEST: ~LA/V\~/( /~{;>- Nancy Gibbs1 City Clerk u I I I CI --- , , newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Gene Carr, being duly sworn on an oath states or affirms, that he is the publisher of the news- paper known as Sun-Current , and has full knowledge of the facts stat- ed below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. !,?331A.02, !,?331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for ~ successive weeks; it was first published on Wednesday, the ~ day of January , 2002, and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of , 2002; and printed below is a copy of the 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 publication of the n tice: , abcdefghijklmnopqrstuvwxyz \ BY: President and Publisher Subscribed and sworn or affirmed before me on this ~ day of 1r~")1' , '~002. ~I\, 0 ( lJl ~ beL. L . ,6.1 J Nota'O',PublicNV.'.N.IVV.I'.N ;"'vv vv.r. "',,,"v'v. ~ .' / C \ McPIL,t=L M. HElJbLOM ~ ~ ( ." ~ h II PU~:...lC.f.nNNL"C)TA ~ '_. ~:j !\lff co:. ,/1i.:.iSIC .~ E/,t-' ;,:,ES 1.: 1-2:':.J5 ~ V\/\IV'-^,r"',' ~,I' ~ ',' ./ "'v II J11J 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 (' r (3) Rate actually charged l $ 1.40 per line City of Richfield --I (Official Publication) BILL NO. 2002-1 AN ORDINANCE RELATING TO CITY GOVERNMENT; AMENDING CHAPTER 13 OF THE RICHFIELD CITY CHARTER; ADDING A NEW SECTION REGARDING ADMINISTRATIVE FINES AND PENALTIES THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Backlrround' findinlrs' authOlitv. 1.01. The City of Richfield (City) is governed by home rule charter adopted pursuant to the Constitution of the State of Minnesota and Minnesota Statutes, Chapter 410 (Act). 1.02. The Charter Commission of thc,.City has proposed the adoption of an Amendment adding a New Section to Chapter 13 of the charter and .recommended to the City Council that the New Section be adopted by City Council ordinance in the manner prescribed by Section 410.12, ' Subdivision 7, of the Act. The form of the Amendment is set out in Section 2.02. 1.03. A public hearing on the Amendment was held on Jan- uary 8, 2002 by the City Council after two weeks' pub- lished notice containing the text of the Amendment as re- quired by the Act. The notice contained a brief description of the nature and scope of the Amendment. All persons de- siring to be heard with reference to the Amendment were heard at the public hearing. 1.04. The Council finds and determines that itis in the best interests of the City and its inhabitants that the Amend- ment he adopted. Section. 2 Adoption' effective date' filinlr. . I I 2.01. The Amendment as proposed by the Charter Com- I mission is adopted. 2.02. A new section 13.13 is added to the Richfield City Charter; the text of the Amendment is as follows: a. Section 13 13 Fines and Penalties b. Subdivision 1 The council may establish bv ordinance a procedure for imoosin!r an administrative penalty for any violation of the City Code or a City ordinance The Dro~ cedure must vrovide that anv person charlred with an ad- ministrative nenaliv will receive notices of violations and an oooortunitv to be heard bv a neutral Dartv: which may I be the city council The procedure may authorize the City to use the services of a non-City emnlovee to decide whether an administrative neoaay should be imnosed i c. Subdivision 2 The Citv Council Olav provide by ordi- I fiance that unnaid administrative nenalties be collected as a special assessment arrainst prooerty which was the sub- ied matter: or related to the subiect matter oft.he venaltv or against the Dropertv which was the location of an activ- ity: nroDosed use delivery ofCitv service or other circum~ I stances that resulted in the penaltv The ordinance must orovide that the Citv will first attempt to obtain voluntarv . payment of the penaltv The ordinance must also provide that notice and an opportunit.y to be heard will be {liven to the prooertv owner listed on the official tax records before the nenalt}' is asse"<sed 2.03. This ordinance is effective ninety (90) days after its I publication, except that if within sixty (60) days after pub- lication a petition requesting a referendum on this ordi- nance, signed by the number of registered voters of the I City required by the Act is filed with the City Clerk, this ordinance will not be effective until approved by 51 % of the vote~s voting on the question of its adoption at the special election called by the Council for that purpose. 2.04. On the effective date of the Amendment, the City Clerk is authorized and directed to file copies of the Amendment with the Secretary of State of the State of Minnesota, the Hennepin County Recorder, and the City I Clerk's office together with the certificate required by See-I tion 410.11 of the Act. - Passed by the City Council of the City of Richfield, Min,l nesota this 8th day ofJanua-ry, 2002. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk (Jan. 16, 2002)D2/2002-1