[HISTORY: Adopted by the City of Isanti 4-1-2014 by Ord. No. 576. Amendments
noted where applicable.]
[Amended 12-1-2020 by Ord. No. 743]
The City Council determines that there is a need for alternative
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. Accordingly,
the City Council finds the use of administrative citations and the
imposition of civil penalties a legitimate and necessary alternative
method of enforcement. This method of enforcement is in addition to
any other legal remedy that may be pursued for City Code violations.
A.
The administrative hearing process provided for within this chapter
shall be in addition to any other legal or equitable remedy available
to the City for City Code violations.
B.
The City may initiate a civil enforcement action to obtain Code compliance
before, during or after an administrative enforcement proceeding.
C.
If the final adjudication in the administrative penalty procedure
is a finding of no violation, then the City may not prosecute a criminal
violation in district court based on the same set of facts. This does
not preclude the City from pursuing an administrative penalty or a
criminal conviction for a violation of the same provision of the City
Code based on a different set of facts. A different date of violation
shall constitute a different set of facts and a separate offense.
A.
A violation of a provision of the City Code or a violation of the
terms and conditions of a City approval, including permits and licenses,
required and granted under this Code is an administrative offense
that may be subject to an administrative citation and civil penalties.
Each day a violation exists constitutes a separate offense.
B.
An offense may be subject to a civil penalty not exceeding $1,000
per separate offense.
C.
The City Council will adopt, by ordinance, a schedule of penalties
for offenses initiated by administrative citations. The City Council
is not bound by the schedule when a matter is appealed to it for administrative
review.
[Amended 12-1-2020 by Ord. No. 743]
D.
The City Council may adopt a schedule of fees to be paid to administrative
hearing officers for their services.
The following City employees and agents are authorized to issue
compliance letters and administrative citations for violation of the
City Code and other associated ordinances:
A.
Licensed peace officers of the Isanti Police Department;
B.
Reserve officers of the Isanti Police Department:
[Amended 6-5-2018 by Ord.
No. 690]
C.
Community Development Director;
D.
Community Development Specialist;
[Amended 6-5-2018 by Ord.
No. 690; 12-1-2020 by Ord. No. 743]
E.
Animal Control Officer;
F.
Building Official;
G.
MS4 Technician; or
[Added 6-4-2019 by Ord.
No. 705; amended 12-1-2020 by Ord. No. 743]
H.
Community
Service Officer.
[Added 12-1-2020 by Ord. No. 743]
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 responsible for the violation. 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. The administrative
citation shall be deemed served upon deposit in the US mail to the
address of the violator. A certificate of service shall be completed
by the official issuing the citation. If the City seeks to impose
more than one fine for a continuing violation, a separate citation
shall be issued for each violation date.
[Amended 12-1-2020 by Ord. No. 743]
B.
The person responsible for the violation must either pay the scheduled
fine or request a hearing within 10 calendar days after issuance of
the citation. Payment of the fine constitutes admission of the violation.
The fines may be rescinded if compliance is achieved by the compliance
date provided.
[Amended 7-20-2021 by Ord. No. 763]
C.
A hearing request must be made in writing and executed by the property
owner or person with an ownership interest in the property. It must
minimally state the name and mailing address of that person, the person's
relationship to the property involved, and a brief statement why the
citation is in error and a hearing is being requested. A filing fee,
as set forth in the City Fee Schedule, shall accompany the application.
The application is not valid unless the fee is paid. The filing fee
is nonrefundable.
[Amended 12-1-2020 by Ord. No. 743]
D.
A property owner may request an extension to come into compliance, which may be granted or denied by the City. If an extension to come into compliance is requested and granted, and the property owner does not come into compliance by the extension date, the administrative fine imposed with the citation for the violation shall not be rescinded. Additionally, a request for an extension to the compliance deadline shall constitute an admission to the violation, and a waiver of a right to request a hearing under Subsection C above.
A.
The hearing officer shall be a neutral third party appointed by the
City Council. The hearing officer is authorized to hear and determine
any controversy relating to administrative offenses of the City Code.
B.
Notice of
the hearing must be served in person or by mail to the person responsible
for the violation at least 10 calendar days in advance of the hearing,
unless a shorter time is accepted by all parties.
[Added 12-1-2020 by Ord. No. 743[1]]
C.
The hearing officer shall conduct an informal hearing to determine
if a violation has occurred. The hearing may be recorded but official
minutes of the proceeding will not be taken. At the hearing, the parties
will have the opportunity to present testimony and question any witnesses,
but strict rules of evidence will not apply. The officer must receive
and give weight to evidence, including hearsay evidence, which possesses
probative value commonly accepted by reasonable and prudent people
in the conduct of affairs.[2]
[Amended 12-1-2020 by Ord. No. 743]
[2]
Editor's Note: Former Subsection D, regarding service of notice
of hearing, which immediately followed this section, was repealed
7-20-2021 by Ord. No. 763, which ordinance also redesignated former
Subsections E through G as D through F, respectively.
D.
The hearing officer has the authority to determine that a violation
occurred, to dismiss a citation, to impose or modify (increase or
decrease) the scheduled fine, and to modify, stay, or waive a 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 reoccurrence of the violation;
(3)
The history of the violation;
(4)
The seriousness 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's decision and supporting reasons must be provided,
in writing, to both parties within 10 days of the hearing. Any fines
or penalties imposed must be paid within 10 days of the date of the
hearing officer's order.
[Amended 7-20-2021 by Ord. No. 763]
F.
The failure to attend the hearing constitutes a waiver of the violator's
rights to an administrative hearing and an admission of the violation.
A hearing officer may waive this result upon good cause shown. Examples
of "good cause" are 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.
A.
If a civil penalty is not paid within the time specified, it constitutes:
[Amended 12-1-2020 by Ord. No. 743]
(1)
A personal obligation of the violator in all cases;
(2)
An obligation of the person or business conducting an activity on
the property if the violation relates to that activity;
(3)
An obligation of the owner of the property on which the violation
occurred; and
(4)
A lien
upon the real property upon which the violation occurred, if the property
owner was found responsible for that violation and the lien can be
assessed under Minn. Stat. § 429.101, as amended from time
to time. Prior to assessing the lien against the property, the City
must attempt to obtain voluntary payment of the administrative penalty
and provide the property owner listed on the tax record with notice
and an opportunity to be heard.
[Amended 7-20-2021 by Ord. No. 763]
B.
The personal obligation or lien may include the administrative, collection
agency and legal costs incurred by the City in connection with collecting
the unpaid administrative penalty.
[Amended 12-1-2020 by Ord. No. 743]
C.
A personal obligation may be collected by any appropriate legal means,
including use of a collection agency.
[Amended 12-1-2020 by Ord. No. 743]
D.
A late payment fee of 10% of the fine will be assessed for each thirty-day
period, or part thereof, that the fine remains unpaid after the due
date.
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
after by the violator or for the property.
F.
Failure to pay a fine is grounds for suspending, revoking, denying,
or not renewing a license or permit associated with the violation.
