HomeMy WebLinkAboutOrdinance 682ORDINANCE NO.
BEING AN ORDINANCE ESTABLISHING AN ORDINANCE VIOLATIONS BUREAU.
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
Section 1. The City Council of the City of Columbia Heights hereby authorizes the
Anoka County MuniCipal Court to establish an Ordinance Violations Bureau to
assist the Court in disposing of violations of Ordinances relating to building
construction, operation or maintenance; fire and fire prevention; public health
and sanitation; and zoning.
Section 2. The Anoka County Municipal Court is hereby authorized to designate the
head of the Ordinance Violations Bureau and provide for the Bureau consistent
with requirements of other applicable statutory provisions.
Section 3. The Ordinance Violations Bureau shall be located 'within the City Offices
of the City of Columbia Heights.
Section 4. This Ordinance confers upon the following named officers the power to
serve a written or printed notice upon persons charged 'with violations or to post
such notice at the place of violations as enumerated herein:
(a)
(b)
OFFICER
The Building Inspector
Fire Chief and Assistant Fire
Chief
(c) Public Health Officer
(d) City Zoning Administrator
ORDINANCE
All Ordinances relating to building con-
struction, operation or maintenance.
All Ordinances relating to fire and fire
prevention.
All Ordinances relati~ng to public health
and sanitation.
All Ordinances relating to zoning.
Section 5.
Procedure.
(a) The Ordinance Violations Bureau may be authorized to dispose of violations
of the above-mentioned Ordinances by permitting the person charged '~vith the
violation to comply 'with the follo~ving procedures:
(1) Appearance at the Ord~inance Violations Bureau either in person or by
~vritten power of attorney ~vithin a specified time;
(2) Payment of a small fine;
(3) Execution of a written form %vaiving a hearing in Court, pleading guilty
of the charge and authorizing the person in charge of the Bureau to make
the plea and pay the fine in Court.
(b) Oompliance '~vith the procedures specified in Subdivision (a) shall have the
same effect as a Judgment of conviction entered upon a plea in open Court'.
and the violator shall be given a receipt 'which so states.
(c) The Ordinance Violations Bureau shall not deprive any person of his right to
counsel or prevent him from appearing in Court to ans'~ver, explain or defend
any charge of violating a la'~v or Ordinance or other~vise object to the pro-
cedure authorized in this chapter. Every person appearing at the Bureau in
answer to a charge of violating a la~v or Ordinance shall be informed that he
may be represented by counsel, that he may plead guilty or not guilty and
that he has a right to a Court hearing.
(d) Notices and lAfarrant for Arrest. If a person charged does not comply '~vith
Subdivision (a) of this Section v~ithin the prescribed time, the Bureau shall
send him a notice directing him to respond to the previous notice or summons
'within the period specified by the Court rule~ but not more than 48 hours
from the 'time that such notice is postmarked. If the Defendant does not
comply 'within the prescribed time or 'within the procedure prescribed in
Subdivision (a) of this Section, the Ordinance Violations Bureau shall bring
that fact to the attention of the Court so that a warrant may be is sued for
the Defendant's arrest and appearance before the Court.
Section 6. Records~ Fines and Other Collections. The Ordinance Violations Bureau
shall keep a record of all cases or violations brought before it, including their
final disposition, and also a record of all fines collected and disposition thereof.
Fines and other moneys collected by the Bureau shall be disposed of in the same
manner as if guilt had been determined in Court. The Bureau shall also perform
such additional duties and keep such additional records as prescribed by the
Court.
Section 7. Nothing in this Ordinance shall be con.strued to permit the officers and
employees above named to arrest or otherwise take a violator into custody~
except 'when done by a police officer upon a 'warrant!..of arrest duly issued.
Section 8. Penalty. Any person violating any of the provisions of this Ordinance shall
be deemed guilty of a misdemeanor and punished by a fine of not more than One
Hundred Dollars ($100.00) or by.'imprisonment for not more than hinety (90) days
for each offense.
Section 9. Separability. Should any section, subdivision, clause, or other provision
of this Ordinance be declared by a Court of competent jurisdiction to be invalid,
such decision shall not effect the validity of the Ordinance as a 'whole nor of
any part thereof other than the part so declared to be invalid.
Section 10. Time of Taking Effect. This Ordinance shall take effect and be in force
from and after thirty (30) days after its passage.
First Reading: October 14, 1968
Second Reading: October 28, 1968
Offered By: Logacz
Seconded By: King
Roll Call: Ail Ayes.
Secretary to the Council
B~ G. Nawrocki, Mayor