CHAPTER 31: ADMINISTRATIVE ENFORCEMENT
Section
31.01 Purpose and intent
31.02 Definitions
31.03 Administrative notice
31.04 Traffic regulations, state traffic code adopted by reference
31.05 Citation
31.06 Responding to citation; payment
31.07 Requesting a hearing
31.08 Failure to pay
31.09 Subsequent violations
§ 31.01 PURPOSE AND INTENT.
(A) Administrative enforcement procedures established pursuant to this chapter are intended to provide the City of Madelia with an informal, cost-effective and more efficient alternative to criminal prosecution or civil litigation for certain violations of the city ordinances.
(B) The City of Madelia retains the right to enforce ordinance violations by bringing criminal charges or commencing civil litigation in any case where the city determines it is appropriate or necessary, but finds that an administrative process is beneficial to the residents of the city and finds that such a process is a legitimate and necessary alternative method of enforcement of ordinance violations.
(Ord. 22.10, passed 7-24-2006)
§ 31.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE COMPLIANCE OFFICER. The City Administrator, any officer of the Madelia Police Department, the Animal Control Officer, or any employee or designee of the City of Madelia who has received official authority by the Madelia City Council to enforce the city ordinances including this ordinance.
ADMINISTRATIVE OFFENSE. A violation of any section, division, sentence or provision of the Madelia city ordinances and is subject to a civil penalty determined according to a schedule adopted by resolution of the City Council from time to time and payable directly to City Hall. Each day the violation exists constitutes a separate administrative offense.
(Ord. 22.10, passed 7-24-2006)
§ 31.03 ADMINISTRATIVE NOTICE.
(A) An Administrative Compliance Officer may issue, in a manner consistent with § 10.12 of this Code, an administrative notice to any person suspected or known to have committed an administrative offense and/or to the owner of property upon which an administrative offense is being committed.
(B) An administrative notice shall be posted on property upon which an administrative offense is being committed if the person suspected or known to have committed an administrative offense and the owner of property upon which an administrative offense is being committed cannot be located and for whom there is no known address.
(C) The administrative notice shall identify the administrative offense, the location in which the administrative offense occurred or is occurring, and the recommended corrective action for the administrative offense.
(D) The administrative notice may also state that the alleged violator has, at the discretion of the administrative compliance officer, no less than seven days, but not more than 14 days to correct or abate the administrative offense.
(E) If the alleged violator and/or owner of property upon which an administrative offense is being committed is unable to correct or abate the administrative offense within the prescribed time, he or she may request an extension from the Administrative Compliance Officer. Such a request must be made in writing, filed with the City Administrator in City Hall, and must specify the reason or basis for an extension. This request must be made within the time for correction or abatement as provided herein in division (D).
(F) Any extension granted by the Administrative Compliance Officer shall specifically state the date of expiration. If the administrative offense is not corrected or abated, as outlined in the administrative notice, within the prescribed time, the Administrative Compliance Officer may issue a citation, as provided below.
(G) Nothing in this provision shall require the administrative compliance officer to issue a notice prior to issuing a citation. The decision as to whether to issue a notice or a citation is at the sole discretion of the administrative compliance officer.
(Ord. 22.10, passed 7-24-2006)
§ 31.04 TRAFFIC REGULATIONS, STATE TRAFFIC CODE ADOPTED BY REFERENCE.
(A) The regulatory provisions and definitions of the Minnesota Highway Traffic Regulation Act, also known as the State Traffic Code, which are codified in Minn. Stat. Chapter 169, as it may be amended from time to time, are adopted as a section regulating the use of highways, streets, alleys and other portions of the City of Madelia. Such Act is incorporated and made a part of this Code as completely as if set out herein in full, except those provisions that conflict with this Code when the City Council has the authority to alter such regulations. Copies of the Act are on file in City Hall and are available for public inspection at any reasonable time.
(B) Except as otherwise provided herein, Minn. Stat. §§ 171.01, 171.02, 171.08, 171.22, 171.23 and 171.24, as they may be amended from time to time or renumbered after January 1, 2009, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof.
§ 31.05 CITATION.
(A) An Administrative Compliance Officer is authorized to issue a citation upon a reasonable articulable suspicion that an administrative offense has occurred, and the person, or property owner, subject to the citation is responsible for the violation; whether or not an administrative notice has first been issued in regard to the administrative offense.
(B) The citation shall be given to the person responsible for the violation and/or to the owner of the property upon which the violation has occurred, either by personal service or by United States first class mail.
(C) The citation shall state the nature of the administrative offense, the time and date the administrative offense occurred, the civil penalty applicable to that administrative offense as set forth in a schedule of civil penalties which shall be adopted by resolution of the City Council from time to time, and the manner for paying the civil penalty or requesting a hearing before a Hearing Officer to contest the citation.
(D) Citations issued pursuant to this section shall reference both this section and the corresponding Minnesota Statute violated, and shall clearly provide that the citation is administrative.
(E) The penalty provision for all administrative citations can be found in the General Penalty section, § 10.99.
(Ord. 22.10, passed 7-24-2006)
§ 31.06 RESPONDING TO CITATION; PAYMENT.
Once a citation is issued, the alleged violator and/or the owner of the property upon which the violation has occurred shall, within 14 days of the time of issuance of the citation, either pay the civil penalty set forth in the citation or request a hearing in writing according to the procedure set forth in this section. The civil penalty may be paid either in person at City Hall, or by United States first class mail, postage prepaid and postmarked within the prescribed 14 days. Payment of the civil penalty shall be deemed to be an admission of the administrative offense.
(Ord. 22.10, passed 7-24-2006)
§ 31.07 REQUESTING A HEARING.
(A) Any person contesting a citation, excluding those issued pursuant to § 31.04, issued pursuant to this chapter may, within 14 days of the time of issuance of the citation, request a hearing before the City Council, pursuant to the provisions established in § 10.98(E).
(B) The hearing shall be held at City Hall at the first reasonable and convenient opportunity after the date the city received a timely written notice that a hearing has been requested.
(C) This section regarding the process for requesting a hearing is applicable to various other sections and provisions of this Code. In all circumstances, any request for hearing must clearly state the purpose for the hearing, any and all reasons supporting the request for the hearing, and any and all proofs necessary to support the Council's granting of the relief requested. All requests for hearings must be made no less than 14 days before the date of the relief requested, and must also be made no less than five business days before the next scheduled City Council meeting.
(D) In the case of administrative citations issued pursuant to § 31.04, Minn. Stat. Chapters §§ 169 and 171, as they may be amended from time to time, no hearing or appeal shall be held and the voluntary payment of all issued citations must be received in City Hall within 14 days of issuance of the citation. If no payment is received within 14 days, the administrative citation shall be cancelled and the City Attorney shall prepare and file a complaint with the Watonwan County District Court.
(Ord. 22.10, passed 7-24-2006)
§ 31.08 FAILURE TO PAY.
(A) In the event a person charged with an administrative offense fails to pay the civil penalty, excluding those issued pursuant to § 31.04, after the abatement or correction period, if any, has expired shall incur a late charge of 15% which shall be imposed thereon for each seven days the civil penalty remains unpaid and the administrative offense remains uncorrected or unabated beyond the due date.
(B) An unpaid civil penalty and accrued late charges will constitute a personal obligation of the person(s) to whom the citation was issued and the city shall have the right to collect the unpaid civil penalty and accrued late charges, together with the city's costs and reasonable attorney's fees, in a criminal or civil proceeding.
(C) Pursuant to Minn. Stat. §§ 429.101, 514.67, as they may be amended from time to time, and other applicable law, a lien in the amount of the civil penalty and accrued late charges may be assessed quarterly or annually against the property where the administrative offense occurred and collected in the same manner as taxes. Any such assessment shall not preclude the city from issuing additional citations for a continuing administrative offense.
(D) The city may suspend or revoke a license or permit or other approval associated with the administrative offense if the civil penalty and accrued late charges are not timely paid.
(Ord. 22.10, passed 7-24-2006)
§ 31.09 SUBSEQUENT VIOLATIONS.
(A) If a second citation for an administrative offense is issued by the city to the alleged violator and/or the owner of the property upon which the violation has occurred within 24 months of the issuance of a previous citation for the same administrative offense, excluding those issued pursuant to § 31.04, the civil penalty shall increase by 25% over the scheduled civil penalty amount.
(B) If a third citation for an administrative offense is issued by the city to the alleged violator and/or the owner of the property upon which the violation has occurred within 24 months of the issuance of a previous citation for the same administrative offense, the civil penalty shall increase by 50% over the scheduled civil penalty amount.
(C) If a fourth citation for an administrative offense is issued by the city to the alleged violator and/or the owner of the property upon which the violation has occurred within 24 months of the issuance of a previous citation for the same administrative offense, the civil penalty shall increase by 100% over the scheduled civil penalty amount.
(D) Five or more subsequent citations for an administrative offense issued by the city to the alleged violator and/or the owner of the property upon which the violation has occurred within 24 months of the issuance of a previous citation for the same administrative offense, the civil penalty shall increase by 200% over the scheduled civil penalty amount.
(E) This provision does not apply to administrative fines or citations for violations of § 31.04, Minn. Stat. Chapters 169 or 171, as they may be amended from time to time, as provided herein.
(F) For administrative citations issued pursuant to § 31.04, the third offense by the same alleged violator for the same violation in a 24-month period shall be issued a traffic ticket under the appropriate Statutes of Minnesota. All subsequent violations by the same alleged violator for the same violation in a 24-month period shall also be issued as traffic tickets under the appropriate Statutes of Minnesota. The 24-month time period herein is tolled as 24 calendar months from the day the last citation was issued against the alleged violator for the same violation.
(Ord. 22.10, passed 7-24-2006)
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