HomeMy WebLinkAboutItem 07J - Ord 810, Charter Amendments, 8.06 and 12.14Item No: 7J
Meeting Date: June 23, 2008
Type of Business: CB
Administrator Review:
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jim Ericson, Clerk -Administrator
Item Title/Subject: First Reading and Introduction of Ordinance 810, an
Ordinance Amending Chapter 8, Section 8.06, and Chapter
12, Section 12.14 of the City Charter Relating to the
Certification of Unpaid Property -Based Administrative
Offense Penalties
Background:
The Charter Commission, at the request of the City, has been discussing possible Charter
amendments to address a mechanism by which unpaid administrative offense penalties
could be certified to the property taxes in a manner similar to a special assessment. The
City Attorney has provided information, has attended a Charter Commission meeting and
has been in consultation with the Commission during this process to assist with a
satisfactory outcome. On June 12 of this year, the Charter Commission approved
Resolution 2008-02, which is attached for your reference.
Discussion:
Attached is Ordinance 810 which incorporates the language adopted by the Charter
Commission in Resolution 2008-02. The City Attorney has reviewed the final resolution
and is comfortable with the language with the exception of the five underlined words in
Section 8.06 as shown below:
"The City must provide an opportunity for a hearing regarding the method of payment
before either the City Council or a neutral third party as specified in City Code."
Staff has communicated to Chair Thomas our concern with this underlined language and
we have invited the Chair and/or commission members to attend this meeting. The City
Attorney will be present at the City Council meeting to elaborate further on the underlined
passage.
Recommendation:
Staff recommends the City Council approve the first reading and introduction of
Ordinance 810, an ordinance amending Chapter 8, Section 8.06, and Chapter 12, Section
12.14 of the City Charter relating to the certification of unpaid property -based
administrative offense penalties. Consistent with state law, the ordinance would go into
effect 90 days after unanimously being adopted by the City Council. The public hearing
and second reading is scheduled for Monday, July 14, 2008, at 7:05 pm.
Ordinance 810 Report
June 23, 2008
Page 2
Respectfully submitted,
Jim Ericson
Clerk -Administrator
Attachments:
1. Charter Commission Resolution 2008-02
2. Ordinance 810
(Y7y of
sIounds
View
Cfiattet
Commission
Chair
Jonathan J Thomas
763-784-5205
Vice Chair
Bill Doty
763-756-3421
2nd Vice Chair
Jean Miller
763-786-3959
Secretary
Barbara Thomas
763-780-6226
Michael Haubrich
763.432.3181
Resolution No. 2008-02
Mounds View Charter Commission
Dated Jun 12, 2008
Whereas, the Mounds View Charter Commission has reviewed the requests for updates to
sections of the Mounds `:View Charter that are deemed necessary for the City of Mounds
View to have the authority to certify certain property based Administrative Offenses in a
similar manner as special assessments. therefore:
The Mounds View Charter Commission acting under Minnesota Statute 410.12 Subdivision
7, recommends the following amendments by the addition of the blue and double underlined
language and by the deletion of the . The Mounds View Charter
Commission requests the City Council adopt this resolution by ordinance by the required
unanimous vote.
CHAPTER S
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
ENTS
Section 8 0ri Certification of Administrative offense Penalties Authority is granted to the
City of Mounds View to certify unpaid property -based Administrative offense penalties by
certification to property taxes Collection of Administrative offense penalties shall proceed
only in accordance with an ordinance adopted by the Council that must require at least the
following
The City must give notice to the property owner listed on the official tax records at least 30
days prior to imposing the certification.
The City must attempt to obtain voluntary payment of the fees and penalties and allow the
property owner the opportunity to request certification as a method of payment. The City
must provide an opportunity for a hearing regarding the method of payment before either the
City Council or a neutral third party as specified in City Code
Administrative Offense penalties and charges must be directly related to the property being
assessed according to City Code and as published in the fee schedule
Certifications under this ordinance shall be imposed pursuant to MN State Statutes including
366.011, 366.012, 415.01, and 429.101, as amended and as specified in City Code.
CHAPTER 12
MISCELLANEOUS AND TRANSITORY PROVISIONS
,Section 19 14 Fines and Civil Penalties The Council may provide by ordinance that a
violation of a City ordinance is either a misdemeanor or a petty misdemeanor, punishable in
accordance with State law The Council shall establish by ordinance a procedure for
imposing a civil penalty known as an administrative offense as defined in City Code.
Section 12.-415. This Charter becomes effective January 1. 1980, or thirty days after
adoption, whichever comes later.
Respectfully submitted,
Jonathan J Thomas, Chair
Barbara Thomas Secretary
ORDINANCE NO. 810
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.06, AND CHAPTER 12,
SECTION 12.14 OF THE CITY CHARTER RELATING TO THE CERTIFICATION OF
UNPAID PROPERTY -BASED ADMINISTRATIVE OFFENSE PENALTIES
THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN:
SECTION 1. The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Charter Commission, has hereby
determined that Chapter 8 of the City Charter be amended by the addition of the new
Section 8.06 as follows:
CHAPTER 8
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.06. Certification of Administrative Offense Penalties. Authority is granted to
the City of Mounds View to certify unpaid property -based Administrative Offense
penalties by certification to property taxes. Collection of Administrative Offense
penalties shall proceed only in accordance with an ordinance adopted by the Council
that must require at least the following:
The City must give notice to the property owner listed on the official tax records at least
30 days prior to imposing the certification.
The City must attempt to obtain voluntary payment of the fees and penalties and allow
the property owner the opportunity to request certification as a method of payment. The
City must provide an opportunity for a hearing regarding the method of payment before
either the City Council or a neutral third party as specified in City Code.
Administrative Offense penalties and charges must be directly related to the property
being assessed according to City Code and as published in the fee schedule.
Certifications under this ordinance shall be imposed pursuant to MN State Statutes
including 366.011, 366.012, 415.01, and 429.101, as amended and as specified in City
Code.
SECTION 2. The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Charter Commission, has hereby
determined that Chapter 12 of the City Charter be amended by the addition of new
language in Section 12.14 and the former language in Section 12.14 be renumbered as
Section 12.15 as follows:
Ordinance 810
Page 2 of 2
CHAPTER 12
MISCELLANEOUS AND TRANSITORY PROVISIONS
Section 12.14. Fines and Civil Penalties. The Council may provide by ordinance that a
violation of a City ordinance is either a misdemeanor or a petty misdemeanor,
punishable in accordance with State law. The Council shall establish by ordinance a
procedure for imposing a civil penalty known as an administrative offense as defined in
City Code.
Section 12.15. This Charter becomes effective January 1, 1980, or thirty days after
adoption, whichever comes later.
SECTION 3. This ordinance shall take effect ninety days after the date of its publication.
Read by the Mounds View City Council on this 23rd day of June, 2008.
Read and passed by the Mounds View City Council on this 14th day of July, 2008.
Publication Date: July 23, 2008
Rob Marty, Mayor
ATTEST:
Jim Ericson, Clerk -Administrator
(SEAL)