HomeMy WebLinkAboutChapter 18 - Authority to Issue CitationsAUTHORITY TO ISSUE CITATIONS CHAPTER 18
Section
Purpose ......................................................................................................................................... 18-101
Authority to Issue Citations ......................................................................................................... 18-102
Authority to Issue Citations on Twin Lake .................................................................................. 18-103
ADMINISTRATIVE PENALTIES
Purpose ......................................................................................................................................... 18-201
Administrative Citations and Civil Penalties ............................................................................... 18-202
Definitions.................................................................................................................................... 18-203
Administrative Offenses; Schedule of Fines and Fees ................................................................. 18-204
Administrative Citation ................................................................................................................ 18-205
Request for a Hearing/Appeal ...................................................................................................... 18-206
Administrative Hearing ................................................................................................................ 18-207
Administrative Review ................................................................................................................ 18-208
Judicial Review ............................................................................................................................ 18-209
Recovery of Civil Penalties .......................................................................................................... 18-210
Criminal Penalties ........................................................................................................................ 18-211
Applicable Laws .......................................................................................................................... 18-212
City of Brooklyn Center City Ordinance
CHAPTER 18 - AUTHORITY TO ISSUE CITATIONS
Section 18-101. In the judgment of the City Council of the City of Brooklyn Center, it is
necessary to authorize certain employees who are not licensed police officers to issue citations in
specified circumstances.
Section 18-102. AUTHORITY TO ISSUE CITATIONS. The following employees of the
City of Brooklyn Center are authorized to issue citations in the specified circumstances.
A. Code Enforcement Officers. These employees, if designated by the City Manager,
under the direct supervision of the police department, are authorized to issue citations
for:
1. Violations of the animal ordinance;
2. Nonmoving traffic violations, (such as handicapped parking, fire lane parking, green
strip violations, et cetera);
3. Violations of the City's sign ordinance at the request of the director of community
development or his designee;
4. Violations of the City's building code, at the request of the director of community
development or his designee;
5. Violations of the City's housing maintenance and occupation ordinance at the request
of the director of community development or his designee;
6. Violations of the City's nuisance ordinance (such as unlicensed/inoperable vehicles,
storing or accumulation of garbage, or number of animals);
7. Bicycle violations;
8. Violations of the City's license ordinances, (such as failure to obtain rental dwelling
license, or failure to license amusement device, et cetera) at the request of the Citys
licensing authority;
9. Violations of the Citys zoning ordinance at the request of the director of community
development or his designee;
10. Violations of the Citys fire code; and
11. Violations of the Citys garbage and sanitation ordinance at the request of the director
of community development or his designee.
City of Brooklyn Center 18-1 City Ordinance
B. Building Inspectors. Inspectors working under the direct supervision of the director
of community development, if designated by the City Manager, are authorized to
issue citations for:
1. Violations of the Citys sign ordinance;
2. Violations of the Citys building code;
3. Violations of the Citys housing maintenance and occupation ordinance;
4. Violations of the Citys nuisance ordinance (such as storing or accumulation
of garbage);
5. Violations of the Citys zoning ordinance; and
6. Violations of the Citys license ordinances (such as failure to obtain rental
dwelling license, or failure to license amusement device, et cetera) at the
request of the Citys licensing authority.
Section 18-103. AUTHORITY TO ISSUE CITATIONS ON TWIN LAKES. Nonsworn
personnel from the police departments from the cities of Brooklyn Center, Robbinsdale, and Crystal
are authorized to issue citations on any part of the city lying on Twin Lakes or islands in Twin Lakes
or on public lands adjacent to Twin Lakes; for violations of any applicable laws, ordinances or
regulations, under the authorization and direction of the City Manager or the City Manager's
designee.
ADMINISTRATIVE PENALTIES
Section 18-201. PURPOSE. The City Council finds that there is a need for alternative
methods of enforcing the City Code. The criminal process is not always the most effective or
efficient option for addressing City Code violations. Accordingly, the City Council finds that the use
of administrative citations and the imposition of civil penalties is a legitimate alternative method of
enforcement for certain types of City Code violations. This method of enforcement is in addition to
any other legal remedy that may be pursued for City Code violations.
Section 18-202. ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES. This section
governs administrative citations and civil penalties for violations of the City Code.
Section 18-203. DEFINITIONS.
Person means any individual, firm, partnership, association, corporation, company, or organization
of any kind.
City of Brooklyn Center 18-2 City Ordinance
Property Owner those shown to be the owner or owners on the records of the Hennepin County
Department of Property Taxation; those identified as the owner or owners on a vacant building
registration form, a holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a
mortgagor or vendor in possession, an assignee of rents, a receiver, an executor, a trustee, a lessee,
other person, firm or corporation in control of the freehold of the premises or lesser estate therein.
An owner also means any person, partnership, association, corporation, or fiduciary having a legal or
equitable title or any interest in the property or building. This includes any partner, officer, or
director of any partnership, corporation, association or other legally-constituted business entity.
Responsible Person means, in the cases of offenses related to real property, an owner, occupant,
entity or person acting as an agent for the owner who has direct or indirect control or authority over
the building or real property upon which the building is located. Any party having a legal or
equitable interest in the property. Responsible party may include, but is not limited to, a realtor,
service provider, mortgagor, leasing agent, management company, or similar person or entity.
City Manager Means the City Manager or designated agent.
Section 18-204. ADMINISTRATIVE OFFENSES; SCHEDULE OF FINES AND FEES.
A. A violation of any provision of the City Code may be designated by resolution as an
administrative offense, which may be subject to an administrative citation and civil
penalties pursuant to this Subchapter. Each day a violation exists constitutes a
separate offense.
B. An administrative offense may be subject to a civil penalty not exceeding $2,000.
C. The City Council must adopt by resolution a schedule of recommended fines and fees
for offenses subject to an administration citation.
D. The City Council may adopt a schedule of fees to be paid to administrative hearing
officers.
E. The City Manager must adopt written procedures for administering the administrative
citation program.
City of Brooklyn Center 18-3 City Ordinance
Section 18-205. ADMINISTRATIVE CITATION.
A. A person authorized to enforce provisions of the City Code may issue an
administrative citation upon belief that a code violation has occurred. The citation
must be issued in person or by first class mail to the person who violated the code or
a responsible person or posted at the property or attached to the motor vehicle in the
case of a vehicular offense. The citation must state the date, time, and nature of the
offense, the identity of the person issuing the citation, the amount of the scheduled
fine, and the manner for paying the fine or appealing the citation.
B. The persons receiving the citation must either pay the scheduled fine or request a
hearing within ten (10) days after issuance of the citation. Payment of the fine
constitutes admission of the violation. A late payment fee per the scheduled amount
will be imposed in accordance with Section 18-210.
Section 18-206. REQUESTS FOR A HEARING/APPEAL.
A. A person served with an administrative citation may file a notice of appeal in person
or postmarked within ten (10) calendar days from the date of the administrative
citation. Failure to comply with such time limit shall be deemed to waive the right to
a hearing.
B. The notice of appeal shall be made in writing, filed with the City official identified
on the administrative citation, and contain the following information:
1. The reasons the appellant believes the administrative citation is objectionable
or that a violation did not exist or occur.
2. The name, address and telephone number of the appellant.
3. The name, address and telephone number of any person in addition to the
appellant who will be attending the hearing.
4. The signature of the appellant.
C. A hearing request deposit fee shall be paid simultaneously with the filing of the
notice of appeal. The hearing request deposit fee will be in the amount adopted by
resolution by the City Council. The fee is refundable if the appellant attends the
hearing. In cases where a violation was found to have occurred, the hearing officer
decision.
City of Brooklyn Center 18-4 City Ordinance
Section 18-207. ADMINISTRATIVE HEARING.
A. The City Manager must periodically approve a list of persons, from which the City
Manager or designated agent will randomly select a hearing officer to hear and
determine a matter for which a hearing is requested. A person who has been issued a
citation has the right to request, no later than five days before the date of the hearing,
that the assigned hearing officer be removed from the case. One such request for
each case will be granted automatically by the City Manager or designated agent. A
subsequent request must be directed to the City Manager who will decide whether the
alternate hearing officer can fairly and objectively review the case. If such a finding
is made, the Manager must remove that officer from the case, and the City Manager
or designated agent must assign another hearing officer. The hearing officer is not a
judicial officer but is a public officer as defined by M.S. Section 609.415. The
hearing officer must not be an employee of the City. The City Manager or designated
agent must establish a procedure for evaluating the competency and neutrality of the
hearing officers, including comments from citizens and City staff.
B. request of an interested
party demonstrating the need, the officer may arrange for issuance of a subpoena for
the attendance of a witness or the production of books, papers, records or other
documents that are material to the matter being heard. The party requesting the
subpoena is responsible for serving the subpoena in the manner provided for civil
actions and for paying the fees and expenses of any witness. A person served with a
subpoena may file an objection with the hearing officer promptly but no later than the
time specified in the subpoena for compliance. The officer may cancel or modify the
subpoena if it is unreasonable or oppressive. A person who, without just cause, fails
or refuses to attend and testify or to produce the required documents in obedience to a
subpoena is subject to penalties provided by law. Alternatively, the party requesting
the subpoena may seek an order from district court directing compliance.
C. Notice of the hearing must be served in person or by mail on the person responsible
for the violation at least ten (10) days in advance, unless a shorter time is accepted by
all parties. At the hearing, the parties will have the opportunity to present testimony
and question any witnesses, but strict rules of evidence do not apply. The hearing
officer must record the hearing and receive testimony and exhibits. The officer must
receive and give weight to evidence, including reliable hearsay evidence that
possesses probative value commonly accepted by reasonable and prudent people in
the conduct of their affairs.
City of Brooklyn Center 18-5 City Ordinance
D. The hearing officer has the authority to determine that a violation occurred, to
dismiss a citation, to impose the scheduled fine, and to reduce, or stay all or part of
the scheduled fine either unconditionally or upon compliance with appropriate
conditions. When imposing a penalty for a violation, the hearing officer may
consider any or all of the following factors:
1. The duration of the violation;
2. The frequency or recurrence of the violation;
3. The seriousness of the violation;
4. The history of the violation;
5.
6. The good faith effort by the violator to comply;
7. The economic impact of the penalty on the violator;
8. The impact of the violation upon the community; and
9. Any other factors appropriate to a just result.
E. The hearing officer may exercise discretion to impose a fine for more than one day of
a continuing violation, but only upon a finding that the violation caused a serious
threat of harm to the public health, safety, or welfare or that the accused intentionally
and unreasonably refused to comply with the code requirement.
decision and supporting reasons must be in writing.
F. The failure to pay the fine or request a hearing within ten (10) days after the date of
rights to an administrative hearing and is an admission of the violation. A hearing
officer may waive this result upon good cause shown. Examples of good cause
include: death or incapacitating illness of the accused; a court order requiring the
accused to appear for another hearing at the same time; and lack of proper service of
the citation or notice
intentional delay. If the accused violator fails to attend a hearing without good cause
the fee for the hearing will not be returned to the accused.
City of Brooklyn Center 18-6 City Ordinance
G. The decision of the hearing officer is final without any further right of administrative
appeal, except for matters subject to administrative review under Section 18-208. In
a matter subject to administrative review under Section 18-
decision may be appealed to the City Council by submitting a request in writing to
the City Manager or designated agent within ten
decision.
Section 18-208. ADMINISTRATIVE REVIEW.
A. may be appealed by the
person responsible 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 an ordinance;
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; and
3. An alleged violation of regulations governing a person or entity who has
received a license granted by the City Council.
B. The appeal must be heard by the City Council after a notice has been served in person
or by registered mail at least ten (10) days in advance. The parties to the hearing
must have an opportunity to present oral or written arguments regarding the hearing
offic
C.
additional arguments before making a determination. The Council is not bound by
s decision. The
D. If the Council makes a finding of a violation, it may impose a civil penalty not
exceeding $2,000 per day per violation, and may consider any or all of the factors
contained in Section 18-207(D). The Council may also reduce, stay, or waive a fine
unconditionally or based on reasonable and appropriate conditions.
E. In addition to imposing a civil penalty, the Council may suspend or revoke any City
issued license, permit, or other approval associated with the violation, if the
procedures in the City Code have been followed.
Section 18-209. JUDICIAL REVIEW. An aggrieved party may obtain judicial review of the
decision of the hearing officer or the City Council in accordance with state law.
City of Brooklyn Center 18-7 City Ordinance
Section 18-210. RECOVERY OF CIVIL PENALTIES.
A. If a civil penalty is not paid within the time specified, it constitutes:
1. A personal obligation of the violator in all situations; and
2 A lien upon the real property upon which the violation occurred if the
property or improvements on the property were the subject of the violation
and the property owner was found responsible for that violation.
B. A lien may be assessed against the property and collected in the same manner as
taxes.
C. A personal obligation may be collected by any appropriate legal means.
D. A late payment fee per unpaid or portion thereof will be assessed per the schedule of
fees.
E. During the time that a civil penalty remains unpaid, no City approval will be granted
for a license, permit, or other City approval sought by the violator or for property
F. Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a
license or permit associated with the violation.
Section 18-211. CRIMINAL PENALTIES. The following are misdemeanors, punishable in
accordance with state law:
A. Failure, without good cause, to pay a fine or request a hearing within 10 (ten) days
after issuance of an administrative citation.
B. Failure to pay a fine imposed by a hearing officer within 10 (ten) days after it was
imposed, or such other time as may be established by the hearing officer, unless the
matter is appealed under Section 18-208.
C. Failure to pay a fine imposed by the City Council within 10 (ten) days after it was
imposed, or such other time as may be established by the City Council.
Section 18-212. APPLICABLE LAWS. Where differences occur between provisions of this
subchapter and other applicable code sections, this subchapter applies.
City of Brooklyn Center 18-8 City Ordinance