HomeMy WebLinkAboutChapter 702.02
City of Mounds View
702.02: ADMINISTRATIVE OFFENSES1:
Subd. 1. Definition of Administrative Offense: An administrative offense is a violation of a
section, subdivision, paragraph or provision of this Code when one performs an act
prohibited, or fails to act when such failure is thereby prohibited and is subject to the penalty
set forth in Section 104.01 of this Code, and the schedule set forth hereafter. (1988 Code
§400.01)
Subd. 2. Misdemeanors and Administrative Offenses: Offenses that are declared misdemeanors
by this Code may be charged as administrative offenses, at the election of the City, when
notice of violation is issued pursuant to subdivision 3 of this Section and there is a scheduled
penalty established herein. (1988 Code §400.09)
Subd. 3. Notice of Violation: Any member of the City Police Department and/or any other person
employed by the City with authority to enforce this Code2 shall, upon determining that there
has been a violation, notify the violator or person responsible for the violation or, in the case
of a vehicular violation, by attaching to said vehicle notice of the violation, said notice
setting forth the nature, date, time of the violation, the name of the official issuing the notice
and the amount of the scheduled initial penalty and, where applicable, any charges relating
thereto.
Subd. 4. Scheduled Penalties; Penalties Imposed: Penalties shall be imposed for a violation of the
scheduled administrative offenses according to a schedule established by resolution of the
City Council. (1988 Code §400.09)
Subd. 5. Payment of Fine; Late Charges:
a. Once such notice is given, the person responsible for the violation shall, within seven (7)
days of the time of issuance of the notice, pay full satisfaction of the stated violation
schedule to the City Finance Director/Treasurer.
b. The penalty may be paid in person or by mail, and payment shall be admission of the
violation.
c. A late charge shall be imposed for each seven (7) days the penalty remains unpaid after
the first seven (7) day period. (1988 Code §400.02)
1 See also subdivisions 104.01(3) and (6) of this Code.
2 See subdivision 104.01(6) of this Code for enumeration of officials and specific citations each is authorized to
issue.
City of Mounds View
702.02 702.02
Subd. 6. Failure to Pay: If a violator fails to pay the penalty imposed, the Clerk-Administrator
may order the issuance of an ordinance complaint as authorized by law1, and the violation
shall be processed as a crime by the Ramsey County Municipal Court as provided for in
Minnesota Statutes, section 488A.18, subdivision 7(2). (1988 Code §400.05)
Subd. 7. Hearing:
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. (1988 Code §400.04)
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. (1988 Code §400.04)
Subd. 8. Administration:
a. Enforcement of Provisions: In addition to all other duties set forth in the Code and the
Home Rule Charter2, the Clerk-Administrator may delegate and supervise the work of any
City employees implementing and administering this Chapter. The Clerk-Administrator
shall make and have custody of all records necessary and shall keep proper accounts of the
proceeds received. (1988 Code §400.07)
b. Disposition of Penalties: All penalties collected shall be paid over to the City Finance
Director/Treasurer. The Clerk-Administrator may receive negotiable instruments in
payment of penalties as conditional payment and shall not be held accountable therefor.
Receipt shall be issued for cash payments. (1988 Code §400.06)
1 M.S.A. §412.861.
2 See Charter Section 6.03.