2020-1151 An Emergency Ordinance Authorizing Late Penalty Waivers During or Immediately Following a State or Local Emergency CITY OF HOPKINS
COUNTY OF HENNEPIN
EMERGENCY ORDINANCE NO. 2020-1151
AN EMERGENCY ORDINANCE AUTHORIZING LATE PENALTY WAIVERS
DURING OR IMMEDIATELY FOLLOWING A STATE OR LOCAL EMERGENCY
WHEREAS, on March 11, 2020, the World Health Organization determined that the
COVID-19 outbreak constitutes a pandemic. On March 13, 2020, President Trump declared a
national state of emergency as a result of the pandemic; and
WHEREAS, on March 13, 2020, Governor Tim Walz issued Emergency Executive Order
20-01 declaring a state of peacetime emergency to address the COVID-19 pandemic in Minnesota;
and
WHEREAS, on March 16, 2020, Mayor Jason Gadd signed Mayoral Declaration No.
2020-1, which declared the existence of a local emergency in the City of Hopkins, Minnesota. On
the same date, the Hopkins City Council adopted Resolution 2020-014, which extended Mayor
Gadd's emergency declaration until further council action; and
WHEREAS, section 3.01 of the City Charter allows the City Council to adopt an
emergency ordinance if the emergency is defined in the preamble thereto and the ordinance is
adopted by at least four members of the City Council; and
WHEREAS, due to the ongoing pandemic, many businesses are unable to conduct
operations as usual and, accordingly, numerous individuals throughout the state have been either
]aid-off or furloughed by their employers. As a result, many individuals and businesses are
struggling to meet their financial obligations, including the timely payment of city charges and
fees; and
WHEREAS, pursuant to express language contained throughout the Hopkins City Code,
including, for example, sections 34-28(c), 40-25, 40-251(i), the City is required to impose late
penalties against account holders that fail to make timely payments in full; and
WHEREAS, in an effort to provide immediate relief to those that are unable to pay their
utility bills or any other city fees in a timely fashion due to the ongoing emergency circumstances,
the City Council desires to adopt this emergency ordinance to allow the implementation of city-
wide waivers for various late penalties that are otherwise mandated by the city code.
NOW, THEREFORE, THE CiTY COUNCIL OF THE CITY OF HOPKiNS
HEREBY ORDAINS AS FOLLOWS:
SECTION l. During any ongoing state or local emergency or during the aftermath of such an
emergency, City staff shall have the discretion to waive late penalties that are otherwise required
to be imposed pursuant to the Hopkins City Code, including, but not necessarily limited to,
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sections 34-28(c), 40-25, and 40-251(i). During any period where such a waiver is deemed
appropriate for any particular fee type and therefore implemented by staff, it shall apply
collectively to all persons or entities that fail to rnake a timely payment of such fee type during the
temporary waiver period. Upon the eventual reinstatement of late penalties following any
temporary waiver period authorized herein, subsequent late penalties shal] only be imposed on
charges that are incurred after the waiver period is lifted and such penalties shall not apply to any
past due charges that accumulated during the applicable waiver period.
SECTION 2. This emergency ordinance shall not be codified but rather shall be kept and
maintained with other uncodified ordinances on file with the city.
SECTION 3. The effective date of this emergency ordinance shall be the date of its adoption, as
set forth below.
Approved by the City Council of the City of Hopkins on this 21 day of April, 2020.
By:
ason Gadd, Mayor
ATTEST:
� � r
Amy Domeier, City Clerk
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