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HomeMy WebLinkAboutItem 08Memorandum City of Lakeville Administration Department To: Honorable Mayor and Members of the City Council From: Allyn G. Kuennen, AICP, Assistant to the City Ad mini stratorfAssociate Plann Copy: Steven C. Mielke, City Administrator Date: May 23, 2013 Subject: Review of Administrative Citation Process Currently, criminal fines and court ordered penalties have been the most frequent enforcement mechanism for individuals violating City ordinances. Unfortunately, there are certain negative consequences for both the City and the accused, which includes the delay of a prompt resolution, the label as a "criminal" for violations of administrative regulations, inefficient use of the court system and costs associated with lost staff time and attorney fees. Exhibit A outlines the City's current criminal citation program. City Council at their November 2012 work session reviewed information regarding the creation of an administrative citation program as .an alternative to the, current criminal citation process and directed staff to prepare a draft administrative citation ordinance and process for further review. Administrative citations differ from a criminal citation in that they are processed entirely by the City and do not immediately involve court proceedings, are not punishable by jail and do not appear on an individual's criminal record. However, depending on how the City organizes the administrative citation process, additional legal actions could be initiated for failure to pay the fine or to complete the corrective actions. The administrative citation process can also include an appeals process that allows the defendant to have their case reviewed by an independent party; typically referred to as an administrative hearing officer. Exhibit B outlines a proposed administrative citation program for the City of Lakeville that includes an administrative citation hearing appeals process and the option for the City to refer the case to district court for failure to pay the administrative fine or to complete the corrective actions. Administrative citations are generally issued for less serious violations such as zoning non- compliance, illegal parking or non - moving traffic violations, illegally dumping, tall grass and noxious weeds, property maintenance issues, junk cars, etc. The attached Exhibit C is a draft administrative citation ordinance that outlines the general provisions, offenses and procedures for administering an administrative citation program. Staff will be available at the May 28' City Council work session to review the enclosed information and to further discuss the development of an administrative citation program. If you have any questions, please contact me at 952 -985 -4424 or at akuennen @lakevillemn.gov. 2 City of Lakeville Current Criminal Citation Program Code Violation occurs Violation Corrected Case Closed Violation Not Corrected 2nd Compliance Letter Issued Violation Not Corrected Criminal Citation Issued Court Sustains Criminal Citation, Case Closed or Appealed to Higher Court Court Dismisses Criminal Citation, Case Closed or Appealed to Higher Court EXHIBIT A City of Lakeville Proposed Administrative Citation Program Code Violatio T =Compliance Letter Issued F Violation Corrected Violation Not Corrected 2nd c Le Case Closed Compliance Letter Issued F' Vlo',! I — I Violation Not Corrected Administrative Citation Issued Fine Paid and Violation Request an Corrected, Case is Closed Violation Not Corrected Administrative Hearing Property Owner Issued Criminal Citation and Case Sent to Dakota County District Court Citation Is Citation is Dismissed by Sustained by Hearing Officer and Case Hearing Officer is closed [VEWE'n Not Corrected or Violation Corrected, Fine Appeal Decision to Hearing or Fine Costs Not and Hearing Costs Paid, Dakota County District Paid Case is Closed Court Property Owner Issued Criminal Citation and Case Sent to Dakota County District Court DRAFT EXHIBIT B, Chapter 10 ADMINISTRATIVE CITATIONS 1 -10 -1: APPLICATION: Chapter 10 of the City Code shall govern administrative citations for violations of the City Code. 1 -10 -2: ALTERNATIVE ENFORCEMENT METHODS: The City Council finds that there is a need for alternate 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 administrative fines is a legitimate and necessary alternative method of enforcement. This method of enforcement shall be in addition to any other legal remedy which may be pursued for City Code violations. The administrative citation .procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with the administrative citations. At any time prior, to the payment of the administrative fine as is provided for hereafter, the.individual may,vuithdraw from. participation in the procedures, in which event the City may bring criminal charges in accordance with law. Likewise, the City, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first or succeeding instances. 1 -10 -3: GENERAL PROVISIONS: A. A violation of any provision of the City Code or the acts listed below is an administrative offense which may be subject to an administrative citation, administrative hearing and administrative fines pursuant to this chapter. Each day a violation exists constitutes a separate offense. 1. Violate, fail to comply with, or assist, authorize or permit the violation of any provision of the Lakeville City Code. 2. Violate, fail to comply with, or assist, authorize, or permit the violation of the terms and conditions of any city approval, including permits and licenses, required and granted pursuant to the City Code. EXHIBIT C 3. Knowingly make or submit any false statement, document, or material omission in connection with any application or procedure required by the City Code. 4. Violation of any of the following general provision of the City Code: Offense Ordinance Reference Parking violations Noise violation Nuisance ordinance Animal licensing, off leash, refuse cleanup Use of City parks after hours Deposit of snow or ice in right -of -way Failure to perform sidewalk snow removal Hydrant use without City approval Sump pump discharge creating ice or algae on street Water use without a or meter Permit or license not obtained Grading without a permit Erosion control Tracking or leaving debris on City streets Building/plumbing/HVAC /electric code violation Watering lawn /odd -even first violation Lawn and yard maintenance /noxious weeds I 2 Offense I Ordinance Reference Non - access to meter fee (after third notice) Septic ordinance Zoning and sign ordinance Dumping illegally (on private property or city right -of -way) I I Public property infringement Fire code violation Recreational fire Fire alarms (fourth and subsequent calls) Property maintenance code B. Upon determining there has been a violation of the City Code, the violator shall be sent a notice of violation. Said notice shall set forth the nature, date and time of violation, the name and contact information: of the official issuing the notice, and the deadline for correcting the violation. In.-,the. case of a. /parking violation, a notice of the violation. is not required and the City official. may immediately issue an administrative citation and attach it to the vehicle. C. If the violation is not corrected within the timeframe given in the notice of violation, an administrative citation maybe issued. Any officer of the Lakeville Police Department or any other person employed by the City, authorized by the City Administrator shall have the authority to issue an administrative citation. The citation shall include the nature, date and time of violation, the name and contact information of the official issuing the citation, and the amount of the scheduled fine. D. Once the administrative citation is issued, the alleged violator may, within seven days of the time of issuance, pay the amount set forth on the schedule of fines for the violation as adopted by the City Council resolution from time to time, or may request a hearing in writing, as is provided for hereafter. The fine may be paid in person at City Hall or sent by mail with a copy of the citation. Payment of the fine shall be deemed an admission of the violation. 3 E. Any person contesting an administrative citation pursuant to this chapter may, within seven days of the time of issuance of the citation, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed within seven days or withdraw from participation in the administrative procedure by notice in writing. F. The City Council shall annually approve a hearing officer and fees associated with their services to consider the matter for which a hearing is requested. The hearing officer is not a judicial officer, but is a public officer as defined by Minnesota Statutes. The hearing officer shall not be a current or former City employee. The hearing officer is authorized to hear and determine any controversy relating to administrative citations provided for in this chapter. G. If the hearing officer sustains the administrative citation the person requesting the hearing shall be responsible for the cost of the hearing as well as the payment of administrative citation fine. H. In all cases, where the person requesting the hearing does not attend and fails to request a continuance of the hearing at least 48 hours in advance of the scheduled hearing, all costs incurred by the City attributable to the requested, hearing shall be charged to the requesting party. I. Notice of the hearing must be served in person or by mail on the person responsible for the violation at least seven days in advance of the scheduled hearing, unless a shorter time is accepted by all parties.: Thy City and the violator shall be each entitled to only one continuance of a scheduled Fearing. J. Hearing Procedures. At the hearing, the parties shall have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The hearing officer shall record.the hearing, receive testimony and exhibits, and maintain a full record of the hearing. The hearing officer shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent,p bple in the conduct of their affairs. K. Imposition of an Administrative Citation Fine by Hearing Officer. When imposing a fine for an administrative citation, 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 4 5. The violator's conduct after issuance of the notice of hearing 6. The good faith effort by violator to comply 7. The economic impact of the fine on the violator 8. The impact of the violation upon the community 9. Prior record of city code violations 10. Any other factors appropriate to a just result L. Any person contesting the decision by the hearing officer has the right to appeal the decision to the Dakota County District Court. 1 -10 -4: RECOVERY OF ADMINISTRATIVE CITATION FINE: If an administrative citation fine is not paid within the time specified, the city shall file the citation with Dakota County District Court for persecution as a misdemeanor. The non- payment or late payment of fines may also result in the following: A. A late payment fee of 10 percent of the fine may be assessed for a 30 -day period and for a 60 -day period, or part thereof, that the fine remains unpaid after the due date. B. The amount of the administrative citation fine and the late payment fee must be paid in full. No partial payments of the fine or the late payment fee will be accepted. C. Failure to pay a fine is grounds for suspending or revoking a license related to the violation. 1 -10 -5: CRIMINAL PENALTIES: The following are misdemeanors, punishable in accordance with state law. A. Failure to pay a fine or request a hearing within seven days after issuance of an administrative citation. B. Failure to appear at a hearing which was scheduled. C. Failure to pay a fine imposed by a hearing officer within seven days after it was imposed, or such other time as may be, established by the hearing officer. 1 -10 -6: MISDEMEANOR: A. Any person who violates Section 1 -10 -3 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $ or by imprisonment for not to exceed days, or both; provided, however, that if a different punishment be prescribed in the City Code, such provision shall govern the punishment for that violation. 5 1 -10 -7: PETTY MISDEMEANOR: A. Specific mention of a violation of any of the provisions of the City Code as being a petty Misdemeanor shall mean that, upon conviction, the sentence of a fine of not more than $ may be imposed. In the absence of the designation of a "petty misdemeanor" in connection with any violation, such violation shall be a misdemeanor as set forth in Section 1 -10 -6. 1 -10 -8: CONTINUED VIOLATION: A. Each calendar day that section 1 -10 -3 is violated shall constitute a separate offense. 1 -10 -9: APPLICATION DENIAL; PERMIT REVOCATION: A. Any violation of section 1 -10 -3 shall constitute sufficient grounds for denial of any application required by this Code or revocation of a permit which is related to the violation. 1- 10 -10: CITY MAY VOID APPROVAL, LICENSE OR PERMIT: A. Any action prohibited by Section 1 -10 -3 shag, at the option of the city, void any applicable City approval, permit or license previously given. 1- 10 -11: ABATEMENT OF VIOLATION: A. The City Attorney may institute any lawful action or proceeding in the name of the City of Lakeville to prevent, restrain, remedy or,abate any violation of section 1 -10 -3. 1- 10 -12: PENALTIES CUMULATIVE: A. Nothing in this chapter shall prevent the city from taking such other actions as are permitted under law, and the penalties provided herein shall be cumulative. 1- 10 -13: LIABILITY OF EMPLOYEES: A. No section or part of the City Code designating the duties of any official, employee, or appointee of the city shall be construed to make that person liable for the penalties provided herein. R