2001.04.02 ORD 2001-351 - Laserfiche WebLink

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CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2001 - 351 AN ORDINANCE ESTABLISHING A SYSTEM OF ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES FOR NON -LICENSEES AND NON -PERMIT HOLDERS WHEREAS, the City Council finds that there is a need for alternate methods of enforcing the City Code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the City and the accused in the criminal court system. That system does not insure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard City Code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternate method of enforcement. This method of enforcement shall be in addition to any other legal remedy which may be pursued for City Code violations; and, WHEREAS, the administrative offense procedures established pursuant to this Chapter are intended to provide the public and the City with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with the administrative offenses. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures, in which event, the City may bring criminal charges in accordance with law. Likewise, the City, in its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first or succeeding instances. THE CITY OF HUGO ORDAINS: The City Code of the City of Hugo, Washington County, Minnesota, is hereby ameded to add as Chapter 340 the following: Section 340-1. A. A violation of any provision of City Code Section 350 or any provision of the City Code is an administrative offense which may be subject to an administrative citation and civil penalties pursuant to this chapter. Each day a violation exists constitutes a separate offense. B. Any officer of the Washington County Sheriff's Department or any other person employed by the City, authorized in writing by the City Administrator shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle a notice of the violation. Said notice shall set forth the nature, date and time of violation, the name of the official issuing the notice, and the amount of the scheduled penalty.