09-27-2006 Council Agenda - Laserfiche WebLink

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The I-Ionora'olc Minnesota House of Representatives October 2, 2003 Page 8 pass ordinances regulating septic systems33; establish indivi ual sewage treatment or well loan programs34; contract with the office of environmental assistance concerning location and development of stabilization and containment faciliti s35; impose limited fees on operators of facilities for disposal of solid waste within the county3u; and maintain county water and sewer facilities.37 Counties have not been given the authority to regulate traffic offenses other than in limited circumstances. Counties have also not been °ranted the authority to hold administrative hearings and issue admini�uative penalties for ordinance violations. It does not appear that such hearings are implied power necessary or essential to carryout the express powers of' a county. However, like statutory cities, it appears that statutory counties would need to obtain the pover to administer administrative penalties from the legislature. Ramsey County may have more authority to issue adminis Live penalties than the other counties in the State because it is a home rule charter count . Like charter cities, Ramsey County's charter dictates the duties and responsibilities of the county government. Its charter allows it to pass ordinances issuing fines and pen Ities.i8 However, the County could still not pass ordinances that conflict with State laws. My office has spoken with several counties who believe cy should enact administrative penalty provisions as a way to increase revenue, My office I as told them that they need to obtain specific authority from the legislature prior to implementin; these penalties. Other Legal Concerns Even if the legislature granted municipalities the authority o issue administrative citations and penalties, there are other concerns that would still n d to be addressed. We are concerned that ordinance violation handled through adm istrative hearings may raise Constitutional concerns because the administrative process may infringe on the district court's original jurisdiction. 1. Role of Courts Article VI, § 3 of the Minnesota Constitution provides: The district court has original jurisdiction in all civil and criminal cases and shall have appellate jurisdiction as prescribed by law. Penalties for criminal violations are within the jurisdiction of the district court. Other violations, even if civil in nature, appear to fall within the district court's jurisdiction. In n 31 36 3 3,, Minn. Stat. § 1 15.55 (2002). Minn. Stat. § 115.57, subd. 3 (2002). Minn. Scat. § 11SA.19), subd. 1 (2002). Minn 'nt. § 115A.919 (2002). Minn I I6A.01, subds. 1 &2 (2002), See 1,.,.; . County Caner § 5.01 (5). - 2 3 -