Brooklyn Center City Ordinances
CHAPTER 18
AUTHORITY TO ISSUE CITATIONS
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.
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.
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 free hold 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.
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 of a responsible person or posted at the property or attached to the motor vehicle in the case of a vehicular offense. The citation must stat 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 may apply the refund towards the fine payment as provided in the hearing officer's decision.
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)
Upon the hearing officer's own initiation or upon written 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.
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)
The violator's conduct after issuance of the notice of hearing.
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. The hearing officer's 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 of the hearing. "Good cause" does not include forgetfulness and 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.
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 18-208 the hearing officer's decision may be appealed to the City Council by submitting a request in writing to the City Manager or designated agent within ten (10) after the hearing officer's decision.
Section 18-208
ADMINISTRATIVE REVIEW
A)
The hearing officer's decision in any of the following matters 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 officer's decision.
C)
The City Council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing.
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.
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 statelaw.
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.
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 maybe 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 maybe established by the City Council.