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City Council Ordinance 457 (2)ORDINANCE NO. 457 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING A PROCEDURE FOR ENFORCING ADMINISTRATIVE OFFENSES THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS: SECTION 1. The following chapter shall be added to Title 1 of the Code of the City of Monticello. CHAPTER 7 ADMINISTRATIVE OFFENSES 1-7-1: PURPOSE. Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may bring criminal charges in accordance with law. Likewise, the City in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. 1-7-2: ADMINISTRATIVE OFFENSE DEFINED. An administrative offense is a violation of a provision of this code and is subject to the administrative penalties set forth in the schedule of offenses and penalties referred to in Section 9, hereafter. 1-7-3: NOTICES. (A) Before an administrative citation may be issued, staff shall mail a notice of violation to the last known address of the individual committing the alleged offense. In the event there is no response to the initial letter, staff shall mail a final notice of violation to the last known address of the individual committing the alleged offense and provide them notice that failure to comply with the final notice will result in the issuance of an 1297640 administrative citation. No additional notice shall be required before issuing a citation if the property owner has already been issued a citation within the last twelve (12) months. (B) Any officer of the Wright County Sheriff's Department or any other person employed by the City, authorized in writing by the City Administrator, and having authority to enforce this code, shall, upon determining that there has been a violation, notify the violator and provide the violator with notice. Said notice shall set forth the nature, date and time of violation, the name of the official issuing the notice, and the amount of the scheduled penalty. 1-7-4: PAYMENT. Once such notice is given, the alleged violator may, within seven (7) days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request a hearing in writing, as is provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. 1-7-5 HEARING. Any person contesting an administrative offense pursuant to this chapter may, within seven (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed. 1-7-6: HEARING OFFICER. A City representative designated in writing by the City Administrator shall be the hearing officer for all administrative offenses. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this chapter. 1-7-7: FAILURE TO PAY. In the event a party charged with an administrative offense fails to pay the penalty, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable ordinance or statutes. If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the City for the same violation. 1-7-8: DISPOSITION OF PENALTIES. All penalties collected pursuant to this chapter shall be paid to the City Treasurer and may be deposited in the City's general fund. 1-7-9: OFFENSES AND PENALTIES. Offenses which may be charged as administrative offenses and the penalties for such offenses may be established by resolution of the City Council from time to time. Copies of such resolutions shall be maintained in the office of the City Administrator. 2 1297640 1-7-10: SUBSEQUENT OFFENSES. In the event a party is charged with a subsequent administrative offense within a twelve (12) month period of paying an administrative penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by Fifty and no/100ths ($50.00) dollars. SECTION 2. EFFECTIVE DATE. This ordinance shall be effective upon its passage and publication. ADOPTED by the Monticello City Council this t 2thay of March , 2007. CITY OF MONTICELLO d By: Clint Herbst, Mayor ATTEST: OWN W, MUM /t râ–ºCity Administrator 1297640