10-10-2007 AO-memo-Jim Ericson - Laserfiche WebLink

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cases to help expedite resolution of the violation. Establishing the authority to certify these unpaid AO fines to the offending party's property taxes gives the AO the teeth it needs to resolve violations by creating a disincentive for the property owner to simply ignore the problem. 6. Does a change of this nature require a ballot measure? No. The requested Charter amendments would formailize our authority to issue AOs, a practice we've employed since 1988. Some would suggest that we already have the ability to issue AOs and certify unpaid property-based fines even absent explicit Charter authorization, and if that's the case, then the amendments serve to reinforce this authority. Besides, the community has long been clammoring for tighter enforcement against habitual offenders--the amendments will help to address that by reinforcing our ability to issue tags and assess any unpaid fines. I would think the changes suggested are minor in nature, esp when compared to other recently adopted Charter amendments. 7. Is there language currently in code and where is it? Yes. Chapter 702 establishes the AO process. All we would need to add is the authority to certify unpaid property based fines to the property taxes as a special assessment, in the exact same manner as we do for abatements, diseased tree removals and delinquent utility bills. 8. Do we need a list of specific offenses or is there an existing category to reference? The Code, in Section 104.01 as well as in Section 702.02, essentially indicates that ANY violation of ANY section of City Code can result in an AO being issued, so long as there is a penalty articluated therein. Specifically, Section 104.01 says, 'Any person violating an administrative rule shall be subject to the scheduled penalty not to exceed one hundred dollars ($100.00) for each offense.' Section 702.02 indicates that 'Offenses that are declared misdemeanors by this Code may be charged as administrative offenses, at the election of the City...' Most of the sections of the Code conclude with an enforcement provision which reiterates that any violation of the Code constitutes a misdemeanor. 9. Do we want a separate appeal process or use the original fine process already in place? The existing Code provides for a hearing opportunity for any person having received an administrative offense. Section 702.02, Subd 7 outlnies the steps pertaining to an appeal: a. Request for Hearing: Any person aggrieved by this Section may request, within seven (7) days of the time of issuance of the notice, to be heard by the hearing officer who shall hear and determine the grievance. b. Hearing Officer: The Clerk-Administrator shall be the hearing officer, and the Clerk-Administrator or a designee is authorized to hear or determine a case or controversy relative to this Section. The hearing officer is not a Judicial officer and is a public officer as defined by Minnesota Statutes, section 609.415 and subject to Minnesota Statutes relating to public officers. (1988 Code §400.03) c. Determination of Case: The hearing officer shall have the authority to dismiss the violation for cause, reduce or waive the penalty upon such terms and conditions as can be agreed upon by the parties; however, reasons for such dispositions shall be stated, in writing, by said hearing officer. If the violation is sustained by the hearing officer, the violator shall pay satisfaction of the penalty or shall sign an agreement to pay upon such terms and conditions as set forth by the hearing officer. Jeremiah and I have been discussing for some time now the possibility of revising this process to establish an impartial hearing officer rather than the City Administrator. Some residents, when faced with appealing an AO, have expressed doubt that the City Administrator would provide a fair and impartial ruling. To that extent we agree, in that the administrator probably would *not* be an unbiased arbiter. Some communities contract with independent administrative hearing judges to consider city-issued tickets and fines. If there's a way to do this economically (for both the City and the person receiving the ticket) we may want to give that serious consideration. Ultimately, the City Council would make the final determination pertaining to any such fine via the assessment hearing, if it got to that point. Whew.... I think I addressed all your questions. If you have any follow up questions, please do not hesitate to give me a call. I will *try* and make it to the Charter Commission meeting on Thursday, however my kids have conferences at 5:30 and 6:00 so I would not be there right at 7:00 pm. Thanks, Jim