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Home My WebLink About06-23-2008 Ord 810Item 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 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)