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HomeMy WebLinkAbout1702ORDINANCE NO. 1702 AN ORDINANCE AMENDING CHAPTER 3: ADMINISTRATIVE CODE, ARTICLE V — ADMINISTRATIVE OFFENSES OF THE CITY CODE OF 2005 TO AMEND: The City of Columbia Heights does ordain: Section 1 § 3.501. PURPOSE. The City Council seeks to offer an alternative method of enforcement through Administrative Hearings to bring City Code violations into compliance rather than relying solely on criminal citations and the Anoka County Court System for such relief. Minnesota Statute 462.362 — Enforcement and Penalty, through ordinance, a municipality can provide for the enforcement of ordinances or regulations adopted, pursuant to Chapter 6 — Administration of City Affairs. The formal judicial process does not provide an environment to adequately address unique and sensitive issues involved in City Code violations such as: neighborhood concerns, livability issues, public safety, physical limitations of the offenders, and unintended consequences of being charged with or convicted of a misdemeanor offense. Additionally, the methodical process of the court system process may not be conducive to resolving the violations in a prompt and timely manner. Section 2 § 3.502 GENERAL PROVISIONS. (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. (2) Exemption. Alcohol and tobacco license violations are not subject to administrative citation under this section; only peace officers may enforce traffic violations pursuant to Minnesota Statute 169.999 related to traffic violations. (3) Civil penalty. An administrative offense may be subject to a civil fine not to exceed the maximum fine for a misdemeanor violation under state law. (4) Schedule of fines and fees. The City Council shall adopt by resolution a schedule of fines for offenses initiated by administrative citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review under subsection 3.504(5)(g) of this section. The City Council may adopt a schedule of fees to be paid to administrative hearing officers. (5) Abatement procedures. A violation of any provision of the Code is an administrative offense that may be subject to an abatement order whereby the city or city's agent corrects or removes the violation and charges the violator for such corrective action. Section 3 § 3.503 ADMINISTRATIVE CITATION APPLICATION. (1) Any member of the Police Department and/or any other person employed by the city with authority to enforce this code shall, upon determining that there has been a violation, issue an Administrative Citation to the violator or party responsible for the violation in one of the following ways: a. By personal service upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upon a manager on the premises or to a corporate officer; Ordinance No.1702 City of Columbia Heights - Ordinance Page 2 b. By first class mail to a person identified in Subsection (1)a of this section; c. By posting the citation in a conspicuous place on or near the main entrance when it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling; d. By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; e. By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail, notice of the citation to the licensee when the property is a rental dwelling licensed by the.City; or f. By posting the citation in a conspicuous place on a motor vehicle when the vehicle is vacant. (2) The City shall notify a recipient of an Administrative Citation of the nature, date, and time of the violation, the name of the official issuing the notice, the amount of the scheduled initial penalty, and the right of the recipient to contest the citation as outlined in Section 3.504. The City shall also appoint a neutral third party to hear and rule on challenges to administrative citations authorized by the City Code. (3) The failure to pay an Administrative Penalty or petition for an Administrative Hearing within 14 business days after the citation is issued, or failure to attend a scheduled Administrative Hearing, constitutes a waiver of the violator's right to a future Administrative Hearing and is an admission of the violation. (4) Any administrative fines assessed pursuant to Minnesota Statute § 169.999 shall be disbursed in accordance with Minnesota Statute § 169.999, subd. 5. Section 4 § 3.504 ADMINISTRATIVE HEARING. (1) Request for Hearing. Anyone in violation of any section of the City Code may either pay the Administrative Penalty, as defined by Section 3.505, or petition the City for an Administrative Hearing pursuant to Section 3.504(5). (2) Hearing Examiner. The position of Hearing Examiner is hereby created. a. The City Manager, or their designee, may, at their discretion, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this chapter and set the rate of compensation therefor. b. The City Council will periodically approve a list of qualified individuals, from which the City Clerk will randomly select a Hearing Examiner to hear and determine a matter for which a hearing is requested. c. The Hearing Examiner must not be a city employee and the City Clerk must establish a procedure for evaluating the competency of the Hearing Examiner, including comments from accused violators and city staff. These reports must be provided to the City Council. d. Removal of the Hearing Examiner. No later than five days before the date of the hearing, the violator may make a written request during business hours that the assigned hearing examiner be removed from the case. The City Clerk will automatically grant one request for removal. A City of Columbia Heights - Ordinance Page 3 subsequent request must be directed to the assigned hearing examiner who will decide whether they can fairly and objectively review the case. If the Hearing Examiner determines they cannot fairly and objectively review the case, the Hearing Examiner shall notify the city clerk in writing at least one business day before the scheduled hearing date. The City Clerk will then assign another Hearing Examiner. (3) Qualifications. The Hearing Examiner shall be an individual trained in law; however, it shall not be required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota. (4) Duties. The Hearing Examiner shall have the following duties: a. Set dates and hear all contested cases; b. Take testimony from all interested parties; c. Examine all facts, evidence and testimony presented; d. Make a complete record of all proceedings including findings of fact and conclusions of law; and e. Affirm, dismiss, or modify the Administrative Citation and/or the Administrative Penalty. (5) Hearing Procedure. Any person issued an Administrative Citation within the City of Columbia Heights may petition the City, in writing and during business hours, for an Administrative hearing before a Hearing Examiner. All Administrative Hearings will take place at the Columbia Heights City Council Chambers within City Hall or other administrative room within the building if Chambers are not available (3989 Central Avenue NE, Columbia Heights, MN 55421) between 8:00 a.m. and 8:00 p.m. Monday through Friday; the hearings may be in -person or virtual. The Hearing Examiner may schedule an alternative date and time upon the written consent of all parties subject to the administrative hearing. a. All such petitions shall identify with specificity the basis for the objection to the Administrative Citation and the interpretation of the City Code, as well as summarizing any evidence the petitioner intends to present. Such requests shall be filed in writing to the City Manager, or their designee, within 14 business days after the ordinance violation citation is issued. b. The City will confirm request of an Administrative Hearing and include information on the Administrative Citation Hearing Fee as outlined in this ordinance. This fee will be refunded if the Administrative Citation is dismissed, but not if affirmed or modified. The City Clerk will schedule the hearing and will notify the violator and involved city staff, of the date, time and location of the hearing. Parties are expected to be available at the hearing for a minimum of two hours. Notice of the hearing must be mailed to the violator and the Hearing Examiner at least ten days in advance of the scheduled hearing, unless a shorter time is accepted by all parties. The notice must contain the name of the parties, the identity of the Hearing Examiner, the location of the alleged violation and the type of violation alleged. City of Columbia Heights - Ordinance Page 4 c. Continuance. A request for a continuance must be made to the City Clerk during business hours at least five days prior to the scheduled hearing date. The City Clerk may grant a continuance at the request of the violator or the city staff member only for good cause shown and for no more than ten days from the original assigned date. d. File transmittal. Upon receipt of any request for a hearing, the City Clerk's office will compile a summary report detailing the facts in support of any determination that the offense constitutes a violation. The summary report must be ready for the hearing officer to pick up on the business day preceding the scheduled hearing and shall include the following information: i. Copy of the citation issued; ii. Copy of the administrative notice, which preceded the citation; iii. Copy of any case history in the issuing employee's department; iv. Photographs and/or videotape of property where available; v. Proof of mailing and/or posting of notice on the property if the citation was not personally served on the violator. 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 and the Hearing Examiner will determine the admissibility of any evidence and/or testimony. All Administrative Hearings will be recorded with an audio recording device. A transcript of the Administrative Hearing will be transcribed and retained pursuant to the Minnesota Government Data Practices Act. The Hearing Examiner will take testimony from the petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will then take testimony from the City. Both the petitioner and the City may appear with legal counsel. f. Decision. The Hearing Examiner must issue a written decision containing 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 Examiner has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and 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 Examiner may consider any or all of the following factors: 1. Duration of the violation; 2. Frequency of reoccurrence of the violation; 3. Seriousness of the violation; 4. History of the violation; 5. Violator's conduct after issuance of the administrative notice and citation; 6. Violator's conduct after issuance of the notice of hearing; 7. Good faith effort by the violator to comply; S. Impact of the violation upon the community; City of Columbia Heights - Ordinance Page 5 9. Prior record of city code violations; and 10. Any other factors appropriate to a just result. The Hearing Examiner may not impose a fine greater than the established fine, except that the Hearing Examiner may impose a fine for each week that the violation continues if: 1. The violation caused or is causing a serious threat of harm to the public health, safety, or welfare; or 2. The violator intentionally and unreasonably refused or refuses to comply with the code requirement. g. Right of appeal. Except as provided in subsections (i) and (j) of this section, the decision of the Hearing Examiner is final without any further right of appeal. h. 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 Examiner may waive this result upon good cause shown. Examples of "good cause" are: death in the immediate family or documented incapacitating illness of the violator; a court order requiring the violator to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include: forgetfulness; lack of transportation or child care; and intentional delay. i. Judicial review. An aggrieved party may obtain judicial review of the decision of the Hearing Examiner or the City Council as provided in state law. j. Administrative review. Appeal. A violator may appeal the Hearing Examiner's decision in any of the following matters to the City Council for administrative review: 1. An alleged failure to obtain a permit, license or other approval from the City council as required by this Code, county ordinance or state law; 2. An alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval that was granted by the City Council; or 3. An alleged violation of regulations governing a person or entity who has received a license granted by the City Council. Notice. The appeal under this section will be heard by the City council. Notice of the hearing must be delivered to the alleged violator or property owner and involved city staff, in person or by mail at least ten days in advance of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the Hearing Examiner's decision. City of Columbia Heights - Ordinance Page 6 iii. Decisions. The City Council must consider the record, the Hearing Examiner's decision, and any additional arguments before making a determination. The City Council is not bound by the Hearing examiner's decision, but may adopt all or part of the Examiner's decision. The Council's decision must be in writing. iv. Suspension or revocation. In addition to imposing a civil penalty, the Council may suspend or revoke a city -issued license, permit, or other approval associated with the violation. Section 5 § 3.505 PAYMENT. Once such notice is given, the person responsible for the violation shall, within 14 business days of the time of issuance of the notice, pay full satisfaction of the stated violation scheduled to the City Finance Department. The penalty may be paid in person or by mail and payment shall be admission of the violation. Section 6 § 3.506 FAILURE TO PAY AND RECOVERY OF CIVIL PENALTIES. If a violator fails to pay the penalty imposed by this article, the matter may be processed as a code violation through the Anoka County Court System or in accordance with the provisions of this section. (1) Nonpayment. if a civil penalty is not paid within the time specified: a. It may constitute 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 and the property owner was found responsible for that violation; or b. It will be a personal obligation of the violator in all situations. (2) Lien. A lien may be assessed against the property and collected in the same manner as real taxes as authorized by state law. (3) Personal obligation. A personal obligation may be collected by appropriate legal means. (4) Late fees/charges. a. If after 30 days the fine has not been paid or a hearing requested, a late fee will be applied, the total bill will be assessed to the property taxes and all city licenses will be revoked. Fees are established by the city's fee schedule. For continued violations, the city will correct or abate the violation and assess the charges for doing so onto the property taxes and/or file criminal charges. b. If the same property and property owner are charged with a subsequent violation(s) within a 12-month period for the same, or substantially similar offense, the offense will be considered a repeat violation and fined accordingly, per the city's fee schedule. City of Columbia Heights - Ordinance Page 7 (5) License revocation or suspension. Failure to pay a fine or any associated late fees are grounds for suspending or revoking a license related to the violation. (6) Criminal penalties. a. The following are misdemeanors, punishable in accordance with state law: i. Failure, without good cause, to pay a fine or request a hearing within 30 days after issuance of an administrative citation; ii. Failure, without good cause, to appear at a hearing that was scheduled under 3.504 of this section; iii. Failure to pay a fine imposed by a Hearing Examiner within 30 days after it was imposed, or such other time as may be established by the Hearing Examiner. 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. (7) Abatement The City may pursue abatement in accordance with Chapter 8.206 and the established noticing procedure. Whenever the officer charged with enforcement determines that a public nuisance is present, the officer shall provide notice thereof, and that such nuisance be terminated or abated. The notice of violation shall specific corrective actions to abate the nuisance and the deadline for compliance. If the notice of violation is not complied within the time specified, the enforcing officer shall report that fact to the City Council. Thereafter, the City Council may, after notice as provided herein, and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order the nuisance be abated within the provisions identified in emergency or immediate abatement. Section 7 § 3.508 DISPOSITION OF PENALTIES. All penalties collected shall be paid over to the City Finance Department. The Finance Director or his designee may receive negotiable instruments in payment of penalties as a conditional payment and shall not be held accountable therefor. Receipt shall be issued for cash payment. Section 8 § 3.509 POWERS AND DUTIES OF FINANCE DIRECTOR. In addition to all other duties set forth in the code, the Finance Director may delegate and supervise the work of city employees implementing and administering this article. The Finance Director shall make and have custody of all records necessary and shall keep proper accounts of the proceeds received. City of Columbia Heights - Ordinance Page 8 Section 9 § 3.510 SCHEDULED PENALTIES. Penalties shall be imposed for violation of the scheduled administrative offenses according to a schedule duly established and adopted from time to time by resolution of the City Council. Any person violating a section of this code shall be subject to the scheduled penalty. Section 10 This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: September 9. 2024 Offered by: James Seconded by: Spriggs Roll Call: All Ayes Second Reading: September 23, 2024 Offered by: Buesgens Seconded by: Spriggs Roll Call: All Ayes Date of Passage: Attest 5-ara on, City Clerk/Council Secretary 4i mdarque SimuIa, 0y SUMMARY OF ORDINANCE NO. 1702 BEING AN ORDINANCE AMENDING CHAPTER 3: ADMINISTRATIVE CODE OF THE CITY CODE OF 2005 TO AMEND ARTICLE V—ADMINISTRATIVE OFFENSES. The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1702 on September 23, 2024. The purpose of this ordinance is to update, upon passage, Chapter 3 Administrative Code of Columbia Heights City Code — Article V: Administrative Offenses. These updates include the introduction of a purpose section identifying the Minnesota Statutes Section 462.362 — Enforcement and Penalty, through ordinance, a municipality can provide for the enforcement of ordinances or regulations, pursuant to Chapter 6 — Administration of City Affairs. Also included are general provisions identifying exemptions for alcohol/tobacco license and traffic violations; establishing an administrative citation application process and hearing procedures setting noticing requirements, timelines, and an appeal process; and failure to pay and recovery of civil penalties. This is a summary of Ordinance No. 1702. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by standard or electronic mail, or at www.columbiaheightsmn.gov 2 ada M"uezSimula",a­r Attest: Sara Ion, City Clerk/Council Secretary Ordinance No.1702 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF ANOKA I do solemly swear that the notice, as per the proof, was published in the edition of the BSLP Col Hght Frid Life with the known office of issue being located in the county of: ANOKA with additional circulation in the counties of: RAMSEY and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 auccessiv week(s); the first insertion being on 10/04/2024 and the last insertion being on 10/04/2024. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the lattercounty. By: Agent Subscribed and sworn to or affirmed before me on 10/04/2024 Notary Public Darlene Mande MacPherson yc f Notary Public 2 Minnesota °y�"D PAY Commission Expires Jan. 31, 2029 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF COLUMBIA HEIGHTS SUMMARY OF ORDINANCE NO. 1702 BEING AN ORDINANCE AMENDING CHAPTER 3: ADMINISTRATIVE CODE OF THE CITY CODE OF 2005 TO AMEND ARTICLE V — ADMINISTRATIVE OFFENSES. The City Council for the City of Dolumbia Heights, Minnesota ad- 3pted Ordinance No. 1702 on Sep - :ember 23, 2024. The purpose of this ordinance is to update, upon passage, Chapter 3 Administrative Code of Colum- bia Heights City Code — Article V: Administrative Offenses. These up- dates include the introduction of a purpose section identifying the Min- nesota Statutes Section 462.362 — Enforcement and Penalty, through ordinance, a municipality can pro- vide for the enforcement of ordi- nances or regulations, pursuant to Chapter 6 — Administration of City Affairs. Also included are general provisions identifying exemptions for alcohol/tobacco license and traffic violations; establishing an administrative citation application process and hearing procedures setting noticing requirements, time- lines, and an appeal process; and failure to pay and recovery of civil penalties. This is a summary of Ordinance No. 1702. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by stan- dard or electronic mail, or at www. columbiaheiahtsmn.aov Amada Marquez Simula, Mayor Attest: —Sara Ion, City Clerk/Council Secretary Published in The Life October 4, 2024 1423423 Ad ID 1423423