Memo- 2nd Reading of Ordinance 06-975
CITY OF HOPKINS
MEMORANDUM
To:
Hopkins City Council
Merwyn Larson 1tt.~
November 2, 2006
From:
Date:
Subject:
Second Reading of Ordinance 2006-975
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2006-975 for second reading: approve the summary of Ordinance 2006-
975: order the summary published and posted at the Hopkins Library: and~ approve Resolution No.
06-070.
Since the first reading this ordinance has been modified to expand the definition of the administrative
hearing process and the authority of the administrative hearing officer. The expanded definition
includes:
A process for the selection, evaluation or removal of administrative hearing officers,
Authority for the hearing officer to issue a subpoena for the attendance of a witness or the
production of documents material to an appeal,
Instructions for evaluation of the testimony and exhibits presented,
The factors to be considered in arriving at a decision,
. The span of decisions the hearing officer is authorized to make, and
A statement of the property owner's right to further review of the decision in district court.
Staff received no comments on the Ordinance or the Resolution.
It requires a four-fifths vote of the City Council to approve the publication of the summary ordinance.
Attachments:
. Summary of Ordinance 2006-975
Ordinance 2006-975
. Resolution No. 06-070
CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2006-975
AN ORDINANCE AMENDING SECTIONS 615, 820 & 355 OF THE
HOPKINS CITY CODE
The following is a summary of the major provisions of the new ordinance:
Provides immediate abatement of minor nuisance conditions following the deadline for
removal.
Replaces the City Council appeal process with an administrative hearing before a hearing
officer.
Increases the threshold for defining substantial nuisance abatements in recognition of the
higher costs to abate minor nuisance conditions.
Removes the requirement to cut or remove weeds, grass or other rank vegetation growth
from Section 820.03. Weeds and overgrown grass are currently identified as a nuisance and
authorized for abatement in Section 615.
Defines bulk refuse items for which special arrangements are required for pick-up.
Establishes the minimum civil penalties for the first administrative citation offense at
$200.00 unless specified otherwise in the resolution.
Inserts language to clarify that the civil penalties for each repeat or continuing violation
within 24 months will be doubled up to a maximum of $2000.00.
Deletes the Administrative Citation Fine Schedule from Section 355 and provides by Council
resolution a revised schedule of civil penalties.
A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins
library .
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2006-975
AN ORDINANCE AMENDING SECTIONS 615,820 AND 355 OF THE HOPKINS
CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. The Hopkins City Code Section 615.01 Subd. 16 is hereby amended to read as
follows and the subsequent subdivisions are renumbered:
Subd. 16. Refuse material. Refuse material shall mean refuse not placed in
the refuse cart. bulk refuse items that do not fit into the refuse cart. yard waste bags that
do not have yard waste stickers on them and brush piles placed at designated pickup
location without appropriate arrangements made for collection.
Section 2. The Hopkins City Code Section 615.02 Subd. 1 is hereby amended to read as
follows:
Subd. 1. Refuse, refuse material. noxious substances, hazardous wastes.
Refuse, noxious substances, or hazardous wastes laying, pooled, accumulated, piled, left,
deposited, buried, or discharged upon, in, being discharged or flowing from any property,
structure, or vehicle; except for:
Section 3. The Hopkins City Code Section 615.10 is hereby amended to read as follows:
615.10. Abatement Procedure. Unless the nuisance is as described in Sections
615.11 or 615.12, the City may abate the nuisance by the procedure described below.
Subd. 1. Order. The Enforcement Officer shall serve a written order upon
the owner. The written order shall also be served upon any responsible party known to
the Officer and may be served upon any party known to have caused the nuisance. The
written order shall contain the following:
a) a description of the real estate sufficient for identification;
b) a description and the location of the nuisance and the remedial action required
to abate the nuisance;
c) the abatement deadline, to be determined by the Enforcement Officer allowing
a reasonable time for the performance of any act required;
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d) a statement that the order may be appealed and a hearing before the City
Council obtained by filing a ".witten request v;ith the City Clerk before the
appeal deadline ".vhich shall be the abatement deadline designated in the order
or seven calendar days after the date of the order, ".vmchever comes first; and
e~D a statement that if the remedial action is not taken nor a request for a
public hearing filed ......ith the City Clerk within the time specified, the City will
abate the nuisance and charge all costs incurred therein against the real estate
as a special assessment to be collected in the same manner as property taxes.
Subd. 2. Setting hearing date. In the event that an appeal is filed .....Ath the
City Clerk, the City Council shall ".vithin tV/O ......~eks fix a date for a public hearing.
Subd. 3. Notice. The City Clerk shall mail a notice of the date, time, place
and subject of the hearing to the o".vner and lrno".vn responsible parties. The City Clerk
shall also notify the Enforcement Officer.
Subd. 1. Hearing. ..Ait the time of the public hearing, the City Council shall
hear from the Enforcement Offieer, and any other parties ".vho v.ish to be heard. ..AJter the
hearing, the City Cooocil may confIrm or modify the order of the Enf-orcement Officer.
In either ease, if the Council's determination requires abatement, the City Council shall,
in the resolution, fix a time ...../ithin .....;hich the nuisance must be abated and shall proyide
that if corrective action is not taken ".~ithin the time specified, the City may abate the
nuisance. The City Clerk shall mail a copy of this resolution to the same parties required
to be notified in Subd. 3 of this Section.
Subd. ~2. Abatement. If the remedial action is not taken nor an appeal filed
"l.ithin the time specified, the City may abate the nuisance.
Subd.3. Notice of Abatement. Following abatement as set forth in Section
615.10~ as soon as the costs incurred are known to the Enforcement Officer~ he/she shall
serve written notice upon the owner. The notice shall contain:
a) a description of the nuisance~
b) the action taken by the City ~
c) the amount and basis of the abatement costs~
d) a notice of intent to assess the costs incurred in abating the nuisance
e) a statement that the owner may request~ by writing to the City Clerk within ten (10)
working days of the date of the notice~ a hearing before an administrative hearing
officer appointed by the City Council to determine the validity and amount of the
proposed assessment~
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d) a statement that the order may be appealed and a hearing before the City
Council obtained by filing a \\TItten request \vith the City Clerk before the
appeal deadline ....vhich shall be the abatement deadline designated in the order
or seyen calendar days after the date of the order, ",vhichever comes first; and
eg) a statement that if the remedial action is not taken nor a request for a
public hearing filed "yvith the City Clerk within the time specified, the City will
abate the nuisance and charge all costs incurred therein against the real estate
as a special assessment to be collected in the same manner as property taxes.
Subd. 2. Setting hearing date. In the eYyTent that an appeal is filed vyTith the
City Clerk, the City Council shall vyTithin h"/o "y"/eeks fix a date for a public hearing.
Subd. 3. "Notice. The City Clerk shall mail a notice of the date, time, place
and subject of the hearing to the oV/ner and kno....vn responsible parties. The City Clerk
shall also notify the Enforcement Officer.
Subd. 4. Hearing. ./\t the time of the public hearing, the City Council shall
hear from the Enforcement Officer, and any other parties \vho vyTish to be heard. .L^~fter the
hearing, the City Council may confirm or modify the order of the Enforcement Officer.
In either case, if the Council's determination requires abatement, the City Council shall,
in the resolution, fix a time "yvithin "Nhich the nuisance must be abated and shall provide
that if corrective action is not taken \vithin the time specified, the City may abate the
nuisance. The City Clerk shall mail a copy of this resolution to the same parties required
to be notified in Subd. 3 of this Section.
Subd. ~2. Abatement. If the remedial action is not taken nor an appeal filed
vnthin the time specified, the City may abate the nuisance.
Subd.3. Notice of Abatement. Following abatement as set forth in Section
615.10~ as soon as the costs incurred are known to the Enforcement Officer~ he/she shall
serve written notice upon the owner. The notice shall contain:
a) a description of the nuisance~
b) the action taken by the City~
c) the amount and basis of the abatement costs~
d) a notice of intent to assess the costs incurred in abating the nuisance
e) a statement that the owner may request~ by writing to the City Clerk within ten (10)
working days of the date of the notice~ a hearing before an administrative hearing
officer appointed by the City Council to determine the validity and amount of the
proposed assessment~
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f) a statement that the owner must file written obiections to the assessment along with
the request for the administrative hearing~
g) a statement that the owner may appeal the assessment to district court within thirty
(30) days after the adoption of the assessment by the City Council at an annual
meeting~ and
h) a statement informing the owner of the provisions of Minnesota Statutes Sections
435.193 to 435.195 and of the existence of any deferment procedure.
Subd.4. Administrative Hearing. 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 responsible party or owner 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 obiectively
review the case. The city clerk may remove a hearing officer only by requesting that the
assigned hearing officer find that he or she cannot fairly and obiectively 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 iudicial
officer but is a public officer as defined by Minn. Stat. 9 609.415. 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 affected owners and
city staff. These reports must be provided to the city council.
Subd. 5. 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
obiection with the hearing officer and a copy of the obiection 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 iust 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. 6. The hearing shall be scheduled to occur within 45 days of receiving a
request for a hearing. Notice of the hearing must be served on the owner 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 owner 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
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hearsay evidence that possesses probative value commonly accepted by reasonable and
prudent people in the conduct of their affairs.
Subd. 7. The hearing officer has the authority to determine that a valid nuisance
abatement occurred~ to allow the City to collect full reimbursement of abatement costs or
to reduce the amount due the City either unconditionally or upon compliance with
appropriate conditions. The hearing officer's decision and supporting reasons must be in
writing. When determining validity and/or cost of abating a nuisance condition~ the
hearing officer may consider any or all of the following factors:
a) the duration of the nuisance:
b) the frequency or reoccurrence of the nuisance:
c) the seriousness of the nuisance:
d) the good faith effort by the owner to comply:
e) the economic impact on the owner:
f) the impact of the nuisance condition upon the community: and
g) any other factors appropriate to a iust result.
Subd. 8. The failure to attend the hearing constitutes a waiver of the owner's
rights to an administrative hearing. A hearing officer may waive this result upon good
cause shown. Examples of "good cause" are: death or incapacitating illness of the
owner: a court order requiring the owner to appear for another hearing at the same time:
and lack of proper service of the notice of abatement or notice of the hearing. "Good
cause" does not include: forgetfulness and intentional delay.
Subd. 9. The decision of the hearing officer will be mailed promptly to the
appellant following the hearing. It will include the hearing officer' s decision~ the amount
due and statement Subd. 3(g) of this section. The decision of the hearing officer is final
without any further right of administrative appeal and shall stand as the hearing for said
assessment. An owner who disagrees with the hearing officer's decision may obtain
iudicial review of the decision of the hearing officer by proceeding under a writ of
certiorari in district court.
Subd. 10. Assessment of abatement costs. Except as otherwise modified by subd.
5. of this section the service charges imposed under subd. 3. of this section shall be
assessed against the owner's property and shall be payable in a single installment or by
up to ten equal installments as the council may provide.
Section 4. The Hopkins City Code Section 615.11 is hereby amended to read as follows:
615.11. Substantial abatement procedure. When the Enforcement Officer determines
that a nuisance exists on a property and the cost of abatement of the nuisance is estimated
to exceed twe ten thousand dollars or the abatement involves demolition of a building
other than a structure accessory to a residential buildmg or the abatement substantially
diminishes the value of the property and except in the case of an emergency as provided
for in Section 615.12, the City shall abate the nuisance by the procedure described below.
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hearsay evidence that possesses probative value commonly accepted by reasonable and
prudent people in the conduct of their affairs.
Subd. 7. The hearing officer has the authority to determine that a valid nuisance
abatement occurred~ to allow the City to collect full reimbursement of abatement costs or
to reduce the amount due the City either unconditionally or upon compliance with
appropriate conditions. The hearing officer's decision and supporting reasons must be in
writing. When determining validity and/or cost of abating a nuisance condition~ the
hearing officer may consider any or all of the following factors:
a) the duration of the nuisance:
b) the frequency or reoccurrence of the nuisance:
c) the seriousness of the nuisance:
d) the good faith effort by the owner to comply:
e) the economic impact on the owner:
f) the impact of the nuisance condition upon the community: and
g) any other factors appropriate to a Just result.
Subd. 8. The failure to attend the hearing constitutes a waiver of the owner's
rights to an administrative hearing. A hearing officer may waive this result upon good
cause shown. Examples of "good cause" are: death or incapacitating illness of the
owner: a court order requiring the owner to appear for another hearing at the same time:
and lack of proper service of the notice of abatement or notice of the hearing. "Good
cause" does not include: forgetfulness and intentional delay.
Subd. 9. The decision of the hearing officer will be mailed promptly to the
appellant following the hearing. It will include the hearing officer' s decision~ the amount
due and statement Subd. 3(g) of this section. The decision of the hearing officer is final
without any further right of administrative appeal and shall stand as the hearing for said
assessment. An owner who disagrees with the hearing officer's decision may obtain
Judicial review of the decision of the hearing officer by proceeding under a writ of
certiorari in district court.
Subd. 10. Assessment of abatement costs. Except as otherwise modified by subd.
5. of this section the service charges imposed under subd. 3. of this section shall be
assessed against the owner's property and shall be payable in a single installment or by
up to ten equal installments as the council may provide.
Section 4. The Hopkins City Code Section 615.11 is hereby amended to read as follows:
615.11. Substantial abatement procedure. When the Enforcement Officer determines
that a nuisance exists on a property and the cost of abatement of the nuisance is estimated
to exceed Me ten thousand dollars or the abatement involves demolition of a building
other than a structure accessory to a residential buildiiig or the abatement substantially
diminishes the value of the property and except in the case of an emergency as provided
for in Section 615.12, the City shall abate the nuisance by the procedure described below.
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A good faith estimate of the abatement costs, not the actual cost calculated after the
abatement is completed, shall be the basis which determines whether this abatement
procedure shall be used.
Section 5. The Hopkins City Code Section 820.03 is hereby amended to read as follows:
820.03. Walks And Weeds. The owner or occupant of property adjacent to a
public sidewalk, carriage walk, or driveway apron, shall maintain such areas in a clean
and safe condition for pedestrians at all times and shall not allow snow, ice, dirt or
rubbish to remain thereon longer than 12 hours after its deposit. Said o....vner or oeeupant
shall further cut or rcmoT.rc .......~ceds, grass or other rank vegetation grov.1h of an ayerage
height greater than ten inehes as defined in 1finnesota Statute Section 18.171, Subd. 5.
Section 6. The Hopkins City Code Section 355.05 Subd. 3 is hereby amended to read as
follows:
Subd. 3. The city council must adopt by resolution a schedule of fifles-civil
penalties for offenses initiated by administration citation. The city council may adopt a
schedule of fees to be paid to administrative hearing officers.
Section 7. The Hopkins City Code Section 355.07 is hereby amended to read as follows:
355.07. 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 fiflecivil penalty, and the manner for paying
the fiflecivil penalty or appealing the citation.
Subd. 2. The person responsible for the violation must either pay the scheduled
fiflecivil penalty or request a hearing within fourteen days after issuance. Payment of the
fiflecivil penalty constitutes admission of the violation. A late payment fee of 10 percent
of the scheduled fiflecivil penalty amount may be imposed under section 355.09.
Section 8. The Hopkins City Code Section 355.09 Subd. 4 is hereby amended to read as
follows:
Subd. 4. The hearing officer has the authority to determine that a violation
occurred, to dismiss a citation, to impose the scheduled fiflecivil penalty, and to reduce,
stay, or waive a scheduled fiflecivil penalty 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:
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a) the duration of the 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 of the notice of hearing;
f) the good faith effort by the violator to comply;
g) the economic impact of the penalty on the violator;
h) the impact of the violation upon the community; and
i) any other factors appropriate to a just result.
The hearing officer may exercise discretion to impose a flBecivil penalty 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.
Section 9. The Hopkins City Code Section 355.11 Subd. 4-5 is hereby amended to read
as follows:
Subd. 4. A late payment fee of 10 percent of the flBecivil penalty may be assessed
for each 30-day period, or part thereof, that the flBecivil penalty remains unpaid after the
due date.
Subd. 5. Failure to pay a flBecivil penalty is grounds for suspending or revoking a
license related to the violation.
Section 10. The Hopkins City Code Section 355.13 b) is hereby amended to read as
follows:
b) failure to pay a fiBecivil penalty imposed by a hearing officer within 30 days after
it was imposed, or such other time as may be established by the hearing officer.
Section 11. The Hopkins City Code Section 355.15 is hereby deleted:
355.15, Subdi";ision 1. Administrative Citation Fine Schedule.
.t^....1coholic be";erages in parks
Animal regulations
.L'\ceumulation of feces
Non compliance ".vith dangerous animal ord.
$ 50.00
$ 100.00
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a) the duration of the 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 of the notice of hearing;
t) the good faith effort by the violator to comply;
g) the economic impact of the penalty on the violator;
h) the impact of the violation upon the community; and
i) any other factors appropriate to a just result.
The hearing officer may exercise discretion to impose a fiRecivil penalty 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.
Section 9. The Hopkins City Code Section 355.11 Subd. 4-5 is hereby amended to read
as follows:
Subd. 4. A late payment fee of 10 percent of the fiRecivil penalty may be assessed
for each 30-day period, or part thereof, that the fiRecivil penalty remains unpaid after the
due date.
Subd. 5. Failure to pay a furecivil penalty is grounds for suspending or revoking a
license related to the violation.
Section 10. The Hopkins City Code Section 355.13 b) is hereby amended to read as
follows:
b) failure to pay a fiRecivil penalty imposed by a hearing officer within 30 days after
it was imposed, or such other time as may be established by the hearing officer.
Section 11. The Hopkins City Code Section 355.15 is hereby deleted:
355.15, Subdivision 1. j\.dministrati..;c Citation Finc Schedulc.
,,\leoholic bc....reragcs in parks
,,'\nimal regulations
.t\eeumulation of fcces
N on compliance ....vith dangerous animal ord.
$ 50.00
$ 100.00
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Interf-ering ~.,;ith a poliee eanine
Bloeking Fire Hy<kant
Building Code -Violations
Minor "Violations
Health/Safety 'Violations
Building Exterior ~iaintenanee
Curfevl Hours In City Parks
Curfe~.~; '/iolations
Duteh Elm, Oak v;ilt
Enyironmental health yiolations
~finor Violations
Health/Safety Violations
Exterior Storage 'Violations
Fire~.'.~od Storage \Tiolations
Fire Code Violations, Generally
~finor Violations
Violations Requiring response from Fire Dept.
Hcalth/Safcty Violations
Grill on Deck of ~fulti unit Residential
Fire Lane 'Violations
Fire Preyention "Violations
Fire:.....~rks
Flammable Pro duets
Food Code Violations
Garbage
$ 100.00
$ 100.00
$ 500.00
$ 250.00
$ 50.00
$ 100.00
$ 500.00
$ 100.00
$ 50.00
$ 100.00
$ 500.00
$ 300.00
$ 100.00
$ 50.00
$ 200.00
Housing Code Violations
General:
1finor Violations
1iajor'Violations
Speeifie:
$ 200.00
$ 500.00
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Improper ~4aintenance of a 1fulti Unit D".;'y~lling
Building Condition
Garbage Disposal Facilities
Landscaping
Light, Heat, \T entilation
Plumbing
Safety Security System
Rental of DV/elling Unit Vlithout License
Umegistcred 1fulti Unit D"y"/011ing
FaillHe to Obtain a Truth in Housing Report
Intoxicating Beverages In Parks and Other Public .L\feas
Junk Cars
License and Permit Violations
Load Limit Violations
Loud Parties
Noise (;lode violations
Noise complaints
Outdoor Storage of Wood
Park ordinance violations
Public Nuisance
Refuse violations
Improper disposal
Improper Storage & Collection
Sign Violations
Sno:>'yVHlobile 'Violations
Sno:>,.;'; remo"fal regulations
Street Numbers None
Subdi"/ision Regulation \Tiolations
Trespass
\T ehide storage violations
Parking/Storage of 'I ehides on Residential Property
$ 350.00
$ 100.00
$ 200.00
$ 350.00
$ 350.00
$ 200.00
$ 250.00
$ 250.QO
$ 200.00
$ 50.00
$ 100.00
$ 50.00
$ 50.00
$ 100.00
$ 50.00
$ 25.00
$ 50.00
$ 50.00
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Impropcr 11aintenance of a 11ulti Unit D"."lclling
Building Condition
Garbagc Disposal Facilitics
Landscaping
Light, Heat, 'I cntilation
Plumbing
Safety Sccurity System
Rental of DViclling Unit Without Liccnsc
Unregistcrcd l\1ulti Unit Dv/elling
Failurc to Obtain a Truth in Housing Report
Illtoxieating Beveragcs III Parks and Othcr Public ..\rcas
Junk Cars
License and Pcrmit Violations
Load Limit Violations
Loud Parties
N oisc code "/iolations
Noise complaints
Outdoor Storage of Vlood
Park ordinance "/iolations
Public Nuisancc
Refusc violations
Improper disposal
Improper Storagc & Collcction
Sign Violations
Sno.....mlobile Violations
8110".'/ removal rcgulations
Street Numbers Nonc
Subdivision Regulation Violations
Trcspass
\T chicle storage ",iolations
Parkillg/Storage of Vehiclcs on Rcsidcntial Propcrty
$ 350.00
$ 100.00
$ 200.00
$ 350.00
$ 350.00
$ 200.00
$ 250.00
$ 250.0.0
$ 200.00
$ 50.00
$ 100.00
$ 50.00
$ 50.00
$ 100.00
$ 50.00
$ 25.00
$ 50.00
$ 50.00
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Parking/Storage of Recreational '/ chicles
Waste Di9posal Violations
Vi eed nuisanees
Zoning Code Violations
Code \Tiolatiofls Not Listed
Repeat \Tiolation Within 21140nths
Subd 2. Criteria for 1fajor Violations
a. Pot-entially eritica:l impact on public health or the en~;ironment
b. Potentially dangerous to human life or safety
c. Continuing natme of T/iolation
d. Cost of restitution, repair or remediation exceeds $1,000.00
$ 100.00
$ 50.00
$ 100.00
Double
1fax. $700
This section added by Ordinance 2000 847. (fJIleooed by Ord. 2005 912)
9
Section 12. The effective date of this ordinance shall be the date of publication.
First Reading:
Second Reading:
Date of Publication:
Date Ordinance Takes Effect:
ATTEST:
October 17,2006
November 7,2006
November 16,2006
November 16,2006
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
Gene Maxwell, Mayor
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Section 12. The effective date of this ordinance shall be the date of publication.
First Reading: October 17, 2006
Second Reading: November 7,2006
Date of Publication: November 16,2006
Date Ordinance Takes Effect: November 16, 2006
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
10
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-070
ESTABLISHING CIVIL PENALTIES FOR
ADMINISTRATIVE OFFENSES AS REQUIRED IN
SECTION 355.05 SUBD. 3.
WHEREAS, the City Council has enacted City Ordinance Section 355, which establishes
an administrative citation process for certain violation of the City Code; and
WHEREAS, Section 355 Subd. 3 of the City Code provides that the City shall adopt by
resolution a schedule of civil penalties for violation of certain provisions of the City
Code; and
WHEREAS, the City seeks to establish a monetary penalty for noncompliance with
notices for violation enforced by the various city departments; and
NOW, THEREFORE, BE IT RESOL VED that the City Council establishes civil
penalties for violations of ordinances enforced by the various city departments at $200
per violation unless specified otherwise below. Each day a violation is not remedied
constitutes a separate violation. The civil penalty imposed for a violation occurring
within 12 months of the most recent previous violation at the same location shall be
increased by 100% up to a maximum civil penalty of $2000.
Administrative Citation Civil Penalty Schedule Exceptions.
Building Code Violations
Health/Safety Violations
Building Exterior Maintenance
Environmental Health Violations
Health/Safety Violations
Fire Code Violations, Generally
Violations Requiring Response From Fire Dept.
Health/Safety Violations
Housing Code Violations
Major Violations
Specific:
Building Condition
$ 500.00
$ 250.00
$ 500.00
$ 500.00
$ 300.00
$ 500.00
$ 350.00
Light, Heat, Ventilation
Plumbing
Rental of Dwelling Unit Without License
Unregistered Multi-Unit Dwelling
Public Nuisance
Snow Removal Regulations
Code Violations Not Listed
Repeat Violation Within 12 Months
Subd 2. Criteria for Major Violations
a. Potentially critical impact on public health or the environment
b. Potentially dangerous to human life or safety
c. Continuing nature of violation
d. Cost of restitution, repair or remediation exceeds $1,000.00
Adopted this _ day of 2006.
$ 350.00
$ 350.00
$ 250.00
$ 250.00
$250.00
$ 50.00
$ 200.00
Double previous fine-
Max. $2000
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 06-070
ESTABLISHING CIVIL PENALTIES FOR
ADMINISTRATIVE OFFENSES AS REQUIRED IN
SECTION 355.05 SUBD. 3.
WHEREAS, the City Council has enacted City Ordinance Section 355, which establishes
an administrative citation process for certain violation of the City Code; and
WHEREAS, Section 355 Subd. 3 of the City Code provides that the City shall adopt by
resolution a schedule of civil penalties for violation of certain provisions of the City
Code; and
WHEREAS, the City seeks to establish a monetary penalty for noncompliance with
notices for violation enforced by the various city departments; and
NOW, THEREFORE, BE IT RESOLVED that the City Council establishes civil
penalties for violations of ordinances enforced by the various city departments at $200
per violation unless specified otherwise below. Each day a violation is not remedied
constitutes a separate violation. The civil penalty imposed for a violation occurring
within 12 months of the most recent previous violation at the same location shall be
increased by 100% up to a maximum civil penalty of $2000.
Administrative Citation Civil Penalty Schedule Exceptions.
Building Code Violations
Health/Safety Violations
Building Exterior Maintenance
Environmental Health Violations
Health/Safety Violations
Fire Code Violations, Generally
Violations Requiring Response From Fire Dept.
Health/Safety Violations
Housing Code Violations
Major Violations
Specific:
Building Condition
$ 500.00
$ 250.00
$ 500.00
$ 500.00
$ 300.00
$ 500.00
$ 350.00