03-03 Administrative Offenses
ORDINANCE NUMBER 03-03
ESTABLISHING A PROCEDURE FOR ENFORCING ADMINISTRATIVE OFFENSES
THE CITY OF MOUNTAIN IRON HEREBY ORDAINS:
SECTION 1. PROCEDURES FOR ENFORCING ADMINISTRATIVE OFFENSES.
Subd. 1. Purpose. Administrative offense procedures established pursuant to this Section are intended to provide the public and the City of Mountain Iron with an informal, cost effective, and expeditious alternative to traditional criminal charges for violations of certain City Code 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 of Mountain Iron at 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 of Mountain Iron will seek to collect the costs of the administrative offense procedure as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation.
Subd. 2. Administrative Offense Defined. An administrative offense is a violation of a provision of the portions of the City Code presented in Exhibit “A” and is subject to the administrative penalties set forth in the schedule of offenses and penalties as set forth in Subdivision 9 of this Section.
Subd. 3. Any officer of the Mountain Iron Sheriff’s Department or authorized City employee shall, upon determining that there has been a violation, notify the violator. Said notice shall set forth the nature, date and time of the violation, the name of the official issuing the notice, and the amount of the scheduled penalty.
Subd. 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 payment shall be deemed to be an admission of the violation.
Subd. 5. Hearing. Any person contesting an administrative offense pursuant to this Section 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 within seven (7) days.
Subd. 6. Hearing Officer. A City of Mountain Iron employee or employees designated in writing by the Mayor and approved by the Mountain Iron City Council shall be designated individually or collectively as hearing officer. The hearing officer shall serve until such point the Mayor and City Council appoint a new hearing officer. The hearing officer is authorized to hear and determine any controversy relating to administrative offenses provided for in this Section.
Subd. 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 statutes. If a penalty is paid and an individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the City of Mountain Iron for the same violation.
Subd. 8. Disposition of Penalties. All penalties collected pursuant to this section shall be paid to the City of Mountain Iron and deposited in the City’s General Fund.
Sudd. 9. Offenses and Penalties. Offenses which may be charged as administrative offenses and penalties for such offenses may be established by Resolution of the City Council from time to time. Copies of such Resolution shall be maintained in the office of the City Administrator.
Subd. 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 twenty-five percent (25%) above the initial administrative penalty, except as otherwise provided by Resolution.
SECTION 3. INCONSISTENT ORDINANCES. Any inconsistent Ordinance or parts thereof are hereby repealed and replaced with the provision of this Ordinance.
SECTION 4. REPEAL. Chapter 5, Administrative Hearings Board, of the Mountain Iron City Code is hereby repealed in its entirety and replaced with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 3rd DAY OF NOVEMBER, 2003.
Mayor Gary Skalko
ATTEST:
___________________________
City Administrator
EXHIBIT “A”
City of Mountain Iron Administrative Offenses
Tobacco Violations City Code, Chapter 12
Nuisance Violations City Code, Chapter 28
Nuisance Violations City Code, Chapter 52
Land Use Violations City Code, Chapter 22
Garbage Violations City Code, Chapter 57
