2000-847
CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2000-847
AN ORDINANCE ADDING SECTION 355 - ADMINISTRATIVE CITATIONS
TO THE HOPKINS CITY CODE
The following is a summary of the major provisions of the new ordinance:
. Establishes administrative citations as an alternative method of enforcement of City
ordinances.
. Establishes that administrative citations shall result in fines.
. Establishes an appeal process for challenging administrative citations and fines within 14
days of receiving a citation.
. Establishes the procedure for choosing administrative hearing officers.
. Establishes the general procedures for administrative hearings and requires the City Manager
to develop detailed procedures.
. The ordinance allows unpaid fines to be assessed against the property and collected through
property taxes.
. Establishes a schedule of fines for certain specific ordinance violations.
A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins
library .
First Reading of Ordinance 2000-847
Second Reading of Ordinance 2000-847
Publication of Summary Ordinance 2000-847
Effective Date of Ordinance 2000-847
October 3, 2000
October 17, 2000
October 25, 2000
November 15, 2000
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE 2000-847
AN ORDINANCE ESTABLISHING
A NEW SECTION 355 - ADMINISTRATIVE CITATIONS
The city council fmds 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. 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 civil penalties is 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.
The City Council of the City of Hopkins does hereby ordain as follows:
Section 1: The Hopkins City Code hereby amended by adding the following Section 355
to read as follows:
355.01. Administrative Citations and Civil Penalties. Sections 355.01 through 355.11
govern administrative citations and civil penalties for violations ofthe city code.
355.03. General Provisions. Subdivision 1. A violation of a provision of the city code
may be subject to an administrative citation and civil penalties. Each day a violation
exists constitutes a separate offense.
Subd. 2. An administrative offense may be subject to a civil penalty not exceeding
$2000.00.
Subd. 3. The city council must adopt by resolution a schedule of fines for offenses
initiated by administration citation. The city council may adopt a schedule of fees to be
paid to administrative hearing officers.
Subd. 4. The city manager must adopt procedures for administering the
administrative citation program.
355.05. Administrative Citation. Subdivision 1. 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 mail to the person
responsible for the violation 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 name of the
issuing officer, the amount of the scheduled fme, and the manner for paying the fme or
appealing the citation.
Subd. 2. The person responsible for the violation must either pay the scheduled
fine or request a hearing within fourteen days after issuance. Payment of the fine
constitutes admission of the violation. A late payment fee of 10 percent of the scheduled
fine amount may be imposed under section 355.09.
355.07. Administrative Hearing. Subdivision 1. The city council will periodically
approve a list of lawyers, from which the city clerk will randomly select a hearing officer
to hear and determine a matter for which a hearing is requested. The accused will have
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 request for each case will be granted
automatically by the city clerk. A subsequent request must be directed to the assigned
hearing officer who will decide whether he or she cannot fairly and objectively review
the case. The city clerk may remove a hearing officer only by requesting that the
assigned hearing officer fmd that he or she cannot fairly and objectively review the case.
If such a finding is made, the officer shall remove himself or herself from the case, and
the city clerk will assign another hearing officer. The hearing officer is not a judicial
officer but is a public officer as defined by Minn. Stat. S 609.415. The hearing officer
must not be a city employee. The city manager must establish a procedure for evaluating
the competency of the hearing officers, including comments from accused violators and
city staff. These reports must be provided to the city council.
Subd. 2. Upon the hearing officer's own initiative or upon written request of an
interested party demonstrating the need, the officer may issue 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 a witness. A person served with a subpoena may file an
objection with the hearing officer and a copy of the objection shall be given to the City
Clerk and the accused no later than the time specified in the subpoena for compliance.
The hearing 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 guilty of a misdemeanor.
Alternatively, the party requesting the subpoena may seek an order from district court
directing compliance.
Subd. 3. The hearing shall be scheduled to occur within 30 days of receiving a
request for a hearing. Notice of the hearing must be served on the person responsible for
the violation at least 14 days in advance, unless a shorter time is accepted by all parties.
Service of the Notice will be by first class mail and will be complete upon mailing. 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 hearing officer must tape
record the hearing and receive testimony and exhibits. The officer must receive and give
weight to evidence, including hearsay evidence, that possesses probative value commonly
accepted by reasonable and prudent people in the conduct oftheir affairs.
Subd. 4. The hearing officer has the authority to determine that a violation
occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive
a scheduled fine either unconditionally or upon compliance with appropriate conditions.
The hearing officer's decision and supporting reasons must be in writing. When imposing
a penalty for a violation, the hearing officer may consider any or all of the following
factors:
a) the duration ofthe violation;
b) the frequency or reoccurrence of the violation;
c) the seriousness of the violation;
d) the history of the violation;
e) the violator's conduct after issuance ofthe notice of hearing;
f) the good faith effort by the violator to comply;
g) the economic impact ofthe penalty on the violator;
h) the impact ofthe violation upon the community; and
i) any other factors appropriate to a just result.
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 (1) the violation caused a serious threat
of harm to the public health, safety, or welfare or that (2) the accused intentionally and
unreasonably refused to comply with the code requirement.
Subd. 5. The decision of the hearing officer is fmal without any further right of
administrative appeal. An aggrieved party may obtain judicial review of the decision of
the hearing officer by proceeding under a writ of certiorari in district court.
Subd. 6. 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.
355.09. Recovery of Civil Penalties. Subdivision 1. If a civil penalty is not paid within
the time specified, it will constitute:
a) a lien on the real property upon which the violation occurred if the property or
improvements on the property was the subject of the violation; or
b) a personal obligation ofthe violator in all other situations.
Subd. 2. A lien may be assessed against the property and collected in the same
manner as taxes.
Subd. 3. A personal obligation may be collected by appropriate legal means.
Subd. 4. A late payment fee of 10 percent ofthe fine may be assessed for each 30-
day period, or part thereof, that the fine remains unpaid after the due date.
Subd. 5. Failure to pay a fine is grounds for suspending or revoking a license
related to the violation.
355.11. Criminal Penalties. The following are misdemeanors, punishable in accordance
with state law:
a) failure, without good cause, to appear at a hearing that was scheduled under
section 355.07;
b) failure to pay a fine imposed by a hearing officer within 30 days after it was
imposed, or such other time as may be established by the hearing officer.
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 a criminal conviction
for a violation of the same provision based on a different set of facts. A different date of
violation will constitute a different set of facts.
Section 2: The following is the schedule of fines:
Administrative Citation Fine Schedule
Animal regulations
Accumulation of feces
Non-compliance with dangerous animal ord.
Building Code Violations
Minor Violations
Health/Safety Violations
Building Exterior Maintenance
Environmental health violations
Minor Violations
Health/Safety Violations
Exterior Storage Violations
Firewood Storage Violations
Fire Code Violations, Generally
Minor Violations
Violations Requiring response from Fire Dept.
Health/Safety Violations
Grill on Deck of Multi-unit Residential
Food Code Violations
$ 50.00
$ 100.00
$ 100.00
$ 500.00
$ 250.00
$ 100.00
$ 500.00
$ 100.00
$ 50.00
$ 100.00
$ 500.00
$ 300.00
$ 100.00
$ 200.00
Housing Code Violations
General:
Minor Violations
Major Violations
Specific:
Improper Maintenance of a Multi-Unit Dwelling
Building Condition
Garbage Disposal Facilities
Landscaping
Light, Heat, Ventilation
Plumbing
Safety Security System
Rental of Dwelling Unit Without License
Unregistered Multi-Unit Dwelling
Junk Cars
Loud Parties
Noise code violations
Refuse violations
Improper disposal
improper Storage & Collection
Snow removal regulations
Weed nuisances
Code Violations Not Listed
Repeat Violation Within 24 Months
$ 200.00
$ 500.00
$ 350.00
$ 100.00
$ 200.00
$ 350.00
$ 350.00
$ 200.00
$ 250.00
$ 250.00
$ 100.00
$ 50.00
$ 50.00
$ 100.00
$ 50.00
$ 25.00
$ 50.00
$ 100.00
Double
Max. $700
Criteria for Major Violations
Potentially critical impact on public health or the environment
Potentially dangerous to human life or safety
Continuing nature of violation
Cost of restitution, repair or remediation exceeds $1,000.00
Section 3: Hopkins City Code, Section 115, is hereby amended by adding the following
language:
115.11. Other Remedies. A violation of any provision of the City Code may also be
subject to an administrative citation and civil penalties as set forth in Section 355 of this
code. Penalties imposed through Section 355 shall not preclude the use of the penalties
and abatement procedures established elsewhere in this Code.
Section 4. The effective date of this ordinance shall be twenty days after publication.
First Reading: October 3, 2000
Second Reading: October 17,2000
Date of Publication: October 25, 2000
Date Ordinance Takes Effect: November 15, 2000
By ~/~
Gene Maxwell, Mayor
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
~~
rttomey Signature
/ (-d- -;J 000
Date