HomeMy WebLinkAbout2010-04 03-11 AP City of Brooklyn Center attach clippin§
(Official Publication)
CITY OF BROOKLYN CENTER
(March 11, 2010) pt -ord Penalty -MR
nom; ** papers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
Brooklyn Park, Brooklyn Center Sun -Post
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 provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(B) The printed public notice that is attached
was published in said newspaper(s)
once each week, for one successive
week(s); it was first published on Thurs-
day, the 11 day of March
2010, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the day of
, 2010; and printed
below is a copy of the lower case alpha -
bet from A to Z, both inclusive, which is
hereby acknowledged as being the size
and kind of type used in the composition
and publication of the notice:
abcdefghijkl mnopgrstuvwxyz
BY: C` ��jf_
CFO
Subscribed and sworn to or affirmed
before me on this 11 day of
March 2010.
/* / Notary Public
WNIIMIa N err
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 131 -14
18 Brooklyn Center & Brooklyn Park Sun -Post - Thursday, March 11, 2010 - www minnlocal.com In the Community, With the Community, For the Community
LEGAL NOTICES
City of Brooklyn Park Section 18 -202 ADMINISTRATIVE CITATIONS AND son who has hgen issued a cit ation has th e right to re - the City Cohmrij for ad review:
Official Publication CIVIL PENALTIES. This section gpverns_administrative Quest. no later than five days before the date of the hear 1. An alleged failure tapbtairra j�ermit license. grottier
( ) citations and civil penalties for violations of the Citv Coda, m9. that the assig hearinn officer he removed from the Approval from the Citv Council as rp gMired by an ordi
CITY OF BROOKLYN PARK case. Ono such r guest for each case will be granted au- n n e•
City Hail Section 18 -203- DEFINITIONS. @ 4 d ��
Person - means anv individual- firm. partnershi as- tomatically W the City Mana ar or deli naie�t a ant. A 2. An alle ed violation o f a 'perm
5200 -85th Avenue North 4- q- 4 0. l n- 'license. pther_ap-
Brooklyn Park, MN. 55443 sociation. corporation. company. or organization of anv subseauenI request mus be directed to t he Ciiv Manan- oroval, or the conditions attached_ to fhe_g =ti-
er whq will decide whether the alternate hearina officer tense. or aonroyal. that was granted t)y the �y Coun_
BIDS DUE: Tuesday, March 30, 2010 11:00 A.M. Property Owner - those shown to be the owner or can fairly and nbiectively review the case. If sygh a find- is I: and
LEGAL NOTICE -BIDS WANTED owners on the records of the Hennepin County D epart- ino is made. the Manager must remove that officer from 3. An alleged violation of ren nlatfons p overninp a person
the case- and the City Manager or desionateda must Qr a ti who has gd a Ii�Qns e_g ranted by
mart of Property Taxation: those identified as the owner n t receiv .
Sealed proposals will be received at the office of the City or owners on a vacant building reqistration form. a holder assign another hearina officer. The hearnq officer is,not City Council.
Clerk, City Hall, 5200 -85th Avenue North, Brooklyn Park, of an unrecorded contract for deed. a mortgagee er a judicial o fflr.Pr hi it is a public officer as defined by M -S. B. The appea must be heard by the Citv Qn, -il
for Ca pital I mprovement No. 3001 - 10. until 11:00 a.m. on Tuesday, March 30, 2010, vendee in oossession. a mortaaaor or vendor in posses- Section 609.415. The hearina officer must not bean em- After a notice has been served in person
pr by rg I s, stared
for pital I Lion. an assignee_ of rents - a receiver. an executor. a plovee of the city. The City Manager qr designated agent trail at least ten (161 days in advance- The partig D the
The City Council will consider the bids at 7:00 p.m. on trustee, a lessee, other person. firm or corooration in con- must es tablish a Drocedure for evaluatina_the competen- hearing must have an opp ortunity e
nity to psent oral or writ -
Monday, April 5, 2010, in the Council Chambers at the City trot of the freehold of the premises or lesser estate there- ev and neutrality of the hparipq officers- including tom- ten arguments regarding I m. , torsi
I he hearing officer's decision
Hall. in. An owner also means ,
_an marts from ckjzens and citv_staff, C The C'lv ou
y person. oarinership. asso- t C n Sr4K . de the record the
Unless otherwise specifically indicated under the item de - Ciation. corooration. or fiduciary havinn a Jagal or a aui- l- Upon the hearina offjcer's own initiative Qr uppq hearina officer's decision- and any a_dditionpl ar guments
scri lion of the legal advertisement, all bids shall be sub- table title or anv interest in Tha property or building. This written req uest of an interested party demonstrating the 6etore making a dete(mination. The Cnsincil is nQt bound
P g includes anv partner- officer. or director of anv partnership, need. the officer may arrange for jssuancp of a subpoena by the hearinn pfficer`sdecisio0..qut May adortt all or
jest to the following: corooration. association or other leoalfv- constituted busi- for the attendance of a witness or the nrodurtion of beciks, of the officer's decision. The Ccnincil'.c dw;rsfnn m ust be
No bids shall be withdrawn for a period of sixty (60) days ness entity pagers. records or other (focuments that are material to in writin
after opening of bids. The City reserves the right to reject Resp onsible - Person - means. in the cases of offens- the matter beinq heard. The oarty reouestinn the suh D_ If theCquncil makgs a finding gf a yiplation, it may
any br all bids and to waive informalities. es related to real property. an owner, occupant. entity or ooena is responsible for serving the subpoena in the man- iMpgse a civil oenaltv not exceed'rnq . $2,Q00 per day og
Digital project bidding documents are available at oerson actino as an anent for the owner who has direct or ner provided for civil actions and for oavina the fees and yiplation. and rpav consider any or @II of th_e factors_ Cnn-
ham: / /www auestcdacom. There is a link to the website indirect control or authority over the building or real prop- expenses of any witness. A oerson served oyith,a Sub tained in S ection 18 207(Q). Thg Counpij m. @p also re
at www.brooklynpark.ora on the Engineering Division erty upon which the building jnnaiPrt Anv party havinn, ooena may file an okiectjon with the hearjnq officer duce_ stay. orwaive aline uncgndition @llygr¢a'sed on rem
page. The link is listed as "Project Bidding Informa- a legal or eauitableinte_raM in th? orope rty. Responsible oromopv but no later than the time specified in the sub sonabJe_and.atipropriate conditions.
lion /Documents ". You may download the complete set of Party may include. but is not limiTgd in a raal service P.oena for rmm�liance, Tha nff mad cancel or modiiv E. In addition to impgsllta a civil gg9alty. the ,Council
g anent- management comps- the subpoena if it i s
digital documents for $25.00 by locating eBidDoCTM provider. mortaaaor. leasin or oppressive- A ner- may susDend or revo anu cjty jssugci li cense. permit. or
#109889 on the website. Please contact QuestCDN.com nv. Qr similar oerson pr entity. son who. without lu st cause. fails or refuses to attend and other ao groval - associated with the vjolation. if the -prod -
at 952 - 233 -1632 or infq�questcdn -cQLn for assistance in Citv Manag_ er - Means the Citv Manager or desionat- testifv or to produce the_reauired documents in obedience dures in the Citv Code have bean fnllnw4(f,
a n to a subpoena is subiect to penalties orpvided by law. Al-
free membership registration, downloading, and working ternatjvely- the party reauestina the subnoena may seek Section 18 - 200- J(1DIC�IAL Ji EVIEW. An aggrieved
with this digital project information. An optional paper set Section 18 -204. ADMINISTRATIVE OFFENSES an order from district court directing compliance., party may nbtein ii digial review of the decision.ptthe hem
of project documents is also available from the City Engi- SCHE DULE OF FINES AND FEES. `Notice oft e_ hearina ino officer or the Citv Council in accordance with state law,
near's office for $90.00. NO REFUNDS. A. A violation of an provision of th Pity Code may h r0us- tpe_served in oerspn or
Y a . v by mail on the, person responsible for the violation at least eec tion 18.210. i3ECOVERI 'OF Y;lVtj "PEN ALTIES
No bids will be considered unless sealed and filed with the be designated b y resolyilnn as an administrative offense, n 1 1 days in advance- unless ashorter ttmg - is accept_ 9 jf a civil penalty is not p aid within the time s pgQi
City Clerk of the City of Brooklyn Park and accompanied which maybe subiect to an administrative citatipn an it ad by all parties At the hearina- ihr3 parties will have the tied. it constitute@ `
by a cashier's check, bid bond or certified check payable penalties pursuant to this Subchapter. Each day a viola- 9poortunity to present testimonV and n uestion anv wit- 1. A personal oblig of the yinlafnr in alieituatj
. ons,
City Y ( 5%) to the Ci of Broo Park for five percent of the lion exists constitutese separate offense- n mosses. b ut strict rules of evidence do not apoly Thg and i
amount of the bid, i
to be forfeited as liquidated damages An adminstrativg pff h
_emse mpv e subiect to a civil hearing officer must record the hearing and ereive testi- 2_ lien u non the real Prooerty upon which the yiplation
( q g g C A e
in the event that the bid be accepted and the bidder shall Pen @Itv not exceer�in $2.000. mony and exhibits. The offirar .mhlst rageiv and give occurred if the property or improv ements pnth mQp-
fail to enter promptly into a written contract and furnish the C. The City Council Crust adopt by resolution a weiaht to evidence, includinq reliable hearsav evidence ertv were the subiect of the violation and the property
required bond.) schedu of recommended fines and fees for offenses that posses Drobatiye value commonly accepted by owner was found responsible for that violation.
NOTICE OF BIDS WANTED BY THE CITY CLERK: subiect tsi arladministration citation. reasonable and prude oeoDle in the conduct of their at- 8 A-liep may be assessed ag om oerty and
Q_ The City Council may adopt a schedule of fees to fairs. collected in the s ame- mariner as taxes:,
Furnish and install the following estimated quantities: b Da id Jq a(frninistrative hearing officers. Q_ The hea rina officer has the authority to determine � personal obligation may be collected t? am aD-
106 Each Gate Valve Bolt Replacement and E_ The Cjtv Mana must adop written proc edures that a _violation )r:curred- to dismiss a citatjpn to im propriate legal means. :::: y
P for administering the administrative citation omoram, the sched uled fine, and to reduce. stay all orpart of the A late Da yment fee per the sch rduled feewvilf'6e
subsequent street patching.
5 Each Gate Valve Bolt 11 _ A q pat t A- air Section 18 -205. ADMINISTRATIVE CITATION, re with sod Replacement TION, scheduled fine either uncondifignally or u on comoli nce assessed for eat day a `od. or
P p P a thereof t
63 Each Water Service Saddle Replacement and A_ A parser authorized to enforce provisions of the with ap propriate conditions Ot;J
. When imposing a penalty for fine reins unpa.0.afterthe due date• =ij g:a
subsequent street patching. City Code may issue an administrative citation upon belief a violation the hearina_ officer may consider anv or of E. Dgring #!Q time that.a phrfTpgnalty remain q ij -
25 Each Anode Installation that a code violation has occurred- The citation must ¢e the he following fanTors paid rtocity approval will be g(aCtted per
issued in oerson or by first class mail to t person who 1. The duration of the violation, or other eity anonlyal soug t?Y the :: viotat or�r'Drop-er-
Davin Montego, City Clerk violated the C Qde or a responsible person or Dosted at the 2. The freguencv or recurrence of the violation; tv ugderdhe yic lgtor's dwnershin or control. - -a -
Published in the Brooklyn Park Sun Post on March 11, Dropertv or attached to the motor vehicle in the ca of a 3. The seriousness of the violation: F Failure to.gay a fine is grounds forsiJSpendin re_ _
2010. Published in the Construction Bulletin on March 8, vehicular offense. The citation must state the date. time, 4. The history of the violatio yoking. darning or not repewino_ a license or permit as-
15, 22, 2010. andnature_of the offense. the identity of the person issu- 5. The violator's conduct after issuance of the notice of sociated with the violation, _
ina the citation- the amount of the scheduled fine. and the h earing: Sectio 8 -211. CRIMIN
(March 11, 2010) pl -bid 3001 -10 manner for oavino the fine or apnealinq the citation. 5. The good fait effort hV the violator to cpmoly, p 1 ALPENALTI The follow-
The persons receivin the_citation m st ei her a 7. The economicimoact of the penalty pn the violator ino are misdemeanors. punishable n.agcdrdance q ith
0. u. t P. -Y state law:
the scheduled fine or request a hearin wit i ten (1 8 The immpact of the violation upon the community and
h q 91 A_ Failure, withgyt good cause. to pia iirfe or re-
days, after issuance of he citation. Pa ment of the fine 9 - Any other factors aporoorfate to a lust result. _
City of Brooklyn Center t v he guest ahearinq Within 1_Q (teal days after iSsuance.4tan' ,
constitutes admission of the yirilatinn A late payment fee T hearina officer may exercise discretion to im- administrative citation.
(Official Publication) per the scheduled amount will be imposed in accordance pose a fine for more than one day of a continuing viola- B , to Dav a fin q a heajinq officer
CITY OF BROOKLYN CENTER with Section 18 - 210 - tion. but only upon a finding_ that the violation paused a se g g im osed bv.
LIMP threat of harm to the public health. safety. or welfare within 10 (tent days after it was irrgsed. or such other
Notice is hereby given that a public hearing will be held on Section 18 -206. REQUESTS FOR A HEARINGJAP- tjme as may be established bythe hearing p
the 12th day of April 2010, at 7:00 p.m., or as soon there- PEAL. pr that the argitsed intentipnaliv and unreasonably re-- the matter is apo paled under S eotiora ; ,
fused to comply with_the code requirement. Thehearinq'.
after as the matter may be heard, at City Hall, 6301 Shin- A. A person served with an administrative citatipn officer's decision and sup_oortinn r b writ- Failure to - Davit finq im9.00.0 b the•City Council
gle Creek Parkway, to consider an Amendment to Chap- may file a notice of appeal in oerson or postmarked with- in �Asons must. a in wn 10 (tent days a fter -it was irpgns or such other
ter 18 of the City Code of Ordinances adding new sections in ten f 1 . Q1 calendar days from the date of the administra- �` time as may be established by the City Council.
F The failure to nay the fine pr request a rip
relating to an administrative penalty system. live citation. Failure to cornply with such time limit shall within ten (_1Q days af the, rJate of the citation. or the tail- Section 10 -211. APPJ_tCAUE LAWS. Where differ -
Auxiliary aids for handicapped persons are available upon be deereed to waivethe right to a hearjrig ure to attend The hearing. cpnstftutes a waiverot the vin - ences occur between provisions, of this subchapttti and
request at least 96 hours in advance. Please notify the The notice of.gQpeal shall be made.in writing. filed laior's riahts to an administrative hearino and is an ad- other applicable code sectio this sunr hapier ahi
City Clerk at 612 - 569 -3300 to make arrangements. with the fires.
official identified on the administrative vita- mission of the violation. A hearina officer rravwaive this Sec
ORDINANCE NO. contain the folltion 2. This ordinance Shall become of e ive
tion _
- and co Citv ow information: result unon good c use show Examnl s pf goo
n ppellant believes the a dministrative a R g• d after adoption and upon thirty (30) days following its legal
1. The reasons s the a cause include: death or incaoacitatino illness of the ac-
AN ORDINANCE RELATING TO AN ADMINISTRATIVE citation is obje ctionable to that a violation did not exist cuse a court order requiring the arnfseCf to appe for Publication.
PENALTY SYSTEM, ADDING SECTIONS 18 -201 TO or occur. another,hearino at the same time:, nd l of Dapper sea- - Adopted this _ day bf 2010.
18 -211 TO THE BROOKLYN CENTER CITY CODE 2. The name. address and telephone number of the ap vice of the citation or notice of the hearing- "Good
THE CITY COUNCIL OF THE CITY OF BROOKLYN CEN- ll .].t_ cause" does not include foroPfffilness anii intehtional Ma
3. The name. address and telephone number of anv per- or
- Y
TER DOES ORDAIN AS FOLLOWS: 6telay. If the accused violator fails to attend a hearino with- ATTEST:
son in addition to the app ellant who will be attehdinq out good napse the fee for the hearing will not be, reiurnpd , }
Section 1. Chapter 18 is amended to add the following the hearina. to the accused. City Clerk
new Sections: 4- The signature of the appellant. fQ The decision of the_ hearina officer is final without
ADMINISTRATiVF, PENALTIES Q. A hearino rgauestdeoosit fee shall b paid simul- Date of Publication:
anv further right of administrative aooeal- extent for mat- Effective Date:
Section 18 -201. PURPOSE. The, City Council finds taneousiv with the filino of Jhg nntirg Of appeal. The hear - t_ers subiect To administrative review und Section 18-
that there is a aged for alternative methods of enforcine ino request denasit fee will be in Tha ? - n -int adopted by 2D8, In A matter subiect to acJministrativg review }coder d rlin indicates new matter; 640 indicates mat -
the City Code. The criminal process_ is not always thE. resolution by the Citv Council. The fee is refundable as Section 18-20j3_ the hearina officer's decision may be ap- ter to be deleted.)
most effective or efficient option for addressing City Code D(O \• late !the hearinn officer's decision., pealed to the City Council ¢v submittinn a re quest in writ -
violations. Accordingly. the City Council finds thatthe use Section 18 -207. ADMINISTRATIVE HEARING, he Citv an nay de hn at .d anent within tan( (March 11, 2010 1 -ord Penalty-MR
of administrative citations and the imposition of civil penal- The itv Ma ina to t M a_ nC. s R- f' 141 M ) P m
C pager must periodically a pprove a list Ba a fter the hearina officers decision.
ties i$ a leaitimate_alternative method enforcement for Qf persons- from which the City Ma nerd design led
certain tvpgs of City Code violations. This method of en- n @- C a Section 18 -20$. ADM IJVISTRATIi[E REVIEW. m
anent will randomly select a hearina officer to he and de_ T
forcement is in addition to any other tea_ al remedy that may A. he hearina officers decision in anv of the fgliow-
termine a matter for which a hearinn i rea uested. A Der- in ay be app ealed by the oerson res ponsible to Legal Notices continued on next page
be pursued for City Code violations, - g matters m-