> Subject: Fines
> Date: Fri, 12 Oct 2007 12:09:02 -0500
> From: JimE@ci.mounds-view.mn.us
> To: barbaralthomas@hotmail.com
>
> Barbara,
>
> Good meeting--you all do a nice job going over all the issues.
>
> Yes, the City Code is online. It was one of the first things we posted
> online with the new website. It is under the "City Code and
> regulations" tab along with the Charter, the Zoning Code, the Comp Plan,
> the fee schedule...
>
> According to our Code, any violation of the City Code, unless otherwise
> stated, is considered a misdemeanor punishable by a $700 fine or 90 days
> in jail. I think the amounts are actually higher per state law, but
> that's what's in the code presently. Our prosecuting attorney has
> suggested we bring our Code inline with the current court standards.
> Despite that reference, we have heretofore limited AO fines to $100.
> That amount was established in 1988 and has not been increased since.
> It needs to increase, that much is a given. I'll ask Scott where the
> "not to exceed $2000" comes from. I don't think that was an arbitrary
> reference, however it was NOT intended as a blank check to increase
> fines by 1900 percent.
>
> Regarding the Commission's discussion about taking a position on moving
> violation citations, I have no problem if the commission takes NO action
> on that. Again, that was not my original intent despite my reference to
> it in the lengthy e-mail earlier this week. My priority is the property
> based violations, not the minor traffic violations. I would rather NOT
> see the Charter Commission explicitly disallow that process--why take
> that step until there is resolution on the matter at the state level.
> Last year, as I'm sure you know, a bill was floated to legitimize the
> practice at the municipal level.
>
> I agree that we should explore an impartial hearing officer, however as
> we have been learning, such a hearing judge adds some significant cost
> to the process that the present fine structure ($100) would not cover.
> I'd hate to charge the resident for simply requesting a hearing--one
> should not be penalized for simply appealing an administrative citation.
>
> All fines, fees and special assessments that PRESENTLY can be certified
> to property taxes require a public hearing by the City Council with the
> affected property owner provided an opportunity to speak. It's like a
> second hearing since they would have already been provided with a
> hearing to appeal the fine in the first place. The same would apply to
> unpaid AO fines.
>
> What about limitations on the usage of the AOs? There are THOUSANDS if
> not TENS of thousands of requirements in the code, all of which may be
> violated, and all of which can and should be cited by AO. Unless the
> language is crafted to err on the side of being broadly interpreted,
> explicitly limiting the usage may unintentionally prevent us from
> attempting to correct a violation (whether that's the failure to provide
> a required insurance certificate, failure to correct a leaky water line,
> maintaining too many dogs, violations of the rental property minimum
> maintenance guidelines, and so on and on) in an effective manner. Our
> policies and procedures always require noticing the property owner of
> the violation and providing them reasonable time to correct before we
> issue a citation. Our goal naturally is to always work cooperatively
> with property owners to gain compliance. Tickets are never written out
> of spite, on a whim or as a means of revenue enhancement--we issue AOs
> as a last resort when compliance is not otherwise occurring. And even
> so, issuance of an AO does not guarantee compliance.
>
> Again--please forward to my attention any outstanding issues for which
> the Commission has been expecting responses back from the Council. Now
> that I'm aware of this, I can help get this process back on track.
> Let's chat at some point next week.
>
> Thanks again for presenting the material last night!!
>
> Jim Ericson
> Community Development Director
> City of Mounds View
> 2401 County Road 10
> Mounds View, MN 55112
> 763-717-4021 (Phone)
> 763-784-3462 (Fax)
> www.ci.mounds-view.mn.us (Web)