2001.04.02 ORD 2001-351 - Laserfiche WebLink

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PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2001- 351 ORDINANCE ESTABLISHING A SYSTEM ADMIMISTRATIVE 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 conse- quences 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 administra- tive 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 local remedy which may be pursued for City Code violations; and, WHEREAS, the administrative offense pro- cedures 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 vio- lations of certain ordinance provisions. The pro- cedures are intended to be voluntary on the part of those who have been charged with the admin- istrative offenses. At any time prior to the pay- ment 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 actor- nce with law. Likewise, the City, in its discre- n, may choose not to initiate an administrative ense 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 amended 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. C. Once such notice is given, the alleged violation may, within seven (7) days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation as adopted by the City Council Resolution from time to time, or may request a hearing in writing, as is provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. D. Any person contesting an administrative offense pursuant to this Chapter may, within seven (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing i determine if a violation has occurred. The Baring officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed within seven (7) days or withdraw from participation in the administrative procedure by notice in writing. E. A person designated in writing by the City Administrator shall be the hearing officer. The hearing officer is authorized to hear and deter - AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The Printed CITY OF HUGO ORDINANCE NO. 2001-351 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was fust published on WEDNESDAY , the 1.8_day of APRIL , 2001 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwuyz BY: l/ / r + � TITLE: Publisher Subscribed and sworn to before me on this1 gday of APRIL Yti. SUSANNE WESTPHAL NOTARY PUBLIC MINNESOTA My Commission Expires 1-31-2005 Notary Public, Ramsey County, Minn. My commission expires January 31, 2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. (Line, word, or inch rate) (Line, word, or inch rate) $ 6.50/INCH (Line, word, or inch rate)