CR 10-081 Administration Citation PenaltiesSeptember 3, 2010 Council Report No. 2010-081
ADMINISTRATIVE CITATION PENALTIES
Proposed Action
Staff recommends the following motion: Move to approve Resolution No: 2010-046
increasing the established fees for Administrative Citations per Cily Code Section 355.
Overview
The purpose of City Code Section 355 is to provide an alternative method of enforcing
the city code using Administrative Citations. Accordingly, the city finds the use of
Administrative Citations and the imposition of civil penalties is a legitimate and
necessary alternative method of enforcement.
City Code allows the Administrative Citation Fees to be set by the adoption of a
resolution. Resolution 2010-046 revises various Administration Citation Fees while
adding the following two new categories:
• Junk Vehicles
• Open Storage
Primary Issues to consider
• Are the fees appropriate
• Why are two new categories being .added
Supportin-Z Documents
• Analysis of the Issues
• Resolution Number 2010-046
Q
Christopher P. Kearney
Building Official
Financial Impact: $ N°Q P 04 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report 2010-081
Page 2
Analysis of the Issues
Are the fees appropriate?
• Staff feels the fees are appropriate and the fee increase is expected do the following:
1. Motivate people into action in regards to correcting the violation, which will
in turn get them into compliance sooner. Staff's number one goal is
compliance.
2. Help defray the administrative, legal and abatement costs involved in the
enforcement process. In 2010 the hearing officer's fees were raised from $100
to $150. Due to the rising number of bankrupt commercial properties and
foreclosed residential properties in recent years the number of nuisance
abatements has likewise increased. Many times staff deals with the same
properties and offenders over and over and it takes an extraordinary amount of
staff time and monetary resources.
As always, staff works with people on an individual basis in trying to get them into
compliance. Due to the fact each case and the circumstances around each case are
different; Administrative Citations are used as a last resort.
Why are two new categories being added?
• Junk Vehicles and Open Storage are being listed separately in the Administrative
Citation Fees because the majority of Administrative Citations issued are for these
two code violations.
Alternatives
1. Approve the Resolution Number 2010-046
2. Do not approve Resolution Number 2010-046
Staff recommends Alternative #1.
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2010-046
ESTABLISHING FINES FOR
ADMINISTRATIVE OFFENSES AS REQUIRED IN
SECTION 355.05 SUBD. 3.
WHEREAS, Hopkins City Code allows fees to be set by resolution and
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 fines 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 $300
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 Fine Schedule Exceptions.
City Code Section 1020.17 Administrative Citation Civil Penalties and Nuisance Inspections
Civil Penalty Exceptions
A Building Code Violations
Health/Safety Violations
500.00
each violation
Building Exterior Maintenance
250:0035( 0.00)
each violation
B Environmental Health
Health/Safety Violations
500.00
each violation
C Fire Code Violations, Generally
Violations Requiring Response
500.00
each violation
Health/Safety Violations
300.0035� 0.00)
each violation
D Housing Code Violations
Major Violations
500.00
each violation
Building Condition
350.0040( 0.00)
each violation
Light, Heat, Ventilation
350.00
each violation
Plumbing
350.00
each violation
Rental Dwelling Unit Without
250.0050( 0.00)
each violation
License
Unregistered Multi -Unit Dwelling
250.00 500.00
each violation
Public Nuisance
250.00 (500.00)
each violation
Snow Removal regulations
50.00
each violation
Code Violations not listed
200.0030( 0.00)
each violation
E Repeat violation within 12
Double the previous fine —
months
Max $2,000
F Nuisance re -inspection
35.00 $50.00(doubles every
per inspection
re -inspection after the first
if not in compliance)
G Junk Vehicles
300.00
each violation
H Open Storage
300.00
each violation
Code Violations Not Listed - $200.00 $300.00
Repeat Violation Within 12 Months - Double previous fine- Max. $2000
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 by the City Council of the City of Hopkins this 7h day of, 2010.
52
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk