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HomeMy WebLinkAbout1995.08.21 ORD 1995-304 ORDINANCE 1995-304 AN ORDINANCE ESTABLISHING CHAPTER 232 PROVIDING FOR SYSTEMS AND PROCEDURES FOR THE PROCESSING OF ALLEGATIONS OF VIOLATIONS REGARDING CITY-ISSUED LICENSES AND PERMITS AND PROVIDING CIVIL REMEDIAL SANCTIONS FOR VIOLATIONS THEREOF The City Council of the City of Hugo does hereby ordain as follows : Sec. 232 . 10 Findings and Purpose. The City of Hugo regulates many types of activities . For many of these activities, the City issues licenses or permits . Licenses or permits are issued for those activities which have the most profound effect (or potential effect) upon the health, safety and welfare of the citizens . For example, licenses and permits are issued for bars and retail liquor establishments, junkyards, the sale of cigarettes, the operation of mining pits, and other special uses of property which require the City Council to be particularly aware of the activities being conducted. From time to time, the City is also called upon to determine if the holder of a license or a permit has violated the terms of that license or permit . Similarly, there are sometimes allegations that the license or permit holder has violated a statute, ordinance or rule which also regulates the proper operation of that activity. Current City Ordinances do not adequately establish a uniform procedure for the City to determine if a violation has occurred. Ordinances also do not adequately delineate what remedies are available to the City to insure that licenses and permits are properly followed in the future so as to properly protect the health, safety and welfare of the City' s residents . This Ordinance is designed to establish a uniform method of determining whether or not violations have occurred. It is the intent of the City Council to establish a system which would provide fair and adequate notice to the permit/license holder of the alleged violation and a hearing before the City Council . The possible penalties which are provided for are designed to protect the public from future violations . Specifically, the sanctions should deter a violator from engaging in future violations and should serve as a warning to other individuals engaged in the same types of activities that the City Council will respond appropriately to proven violations . Sec. 232 .20 Licenses and Permits. The terms of this Ordinance shall apply to all licenses and permits (of any kind) issued by the City of Hugo. Sec. 232 .30 Hearing Requirements. A. All hearings as envisioned within this Ordinance shall take place before the City Council at the City Council Chambers or at such other place as is convenient and proper, given the nature of the matter under consideration. B. None of the civil sanctions authorized herein shall be imposed by the City Council until the license/permit holder has been given an opportunity for a hearing before the City Council . C. Hearings shall be conducted in accordance with the provisions found within Minnesota' s Administrative Procedure Act (M. S . §14 . 57 to §14 . 69) . D. This Ordinance does not require the City of Hugo to conduct its hearing before an employee of the Office of Administrative Hearings . Rather, it is intended that hearings will take place before the City Council . Sec. 232 .40 Civil Sanctions. If the City Council finds that a license or permit holder has failed to comply with their license or permit, or has failed to comply with any applicable statute, rule or ordinance related to the operation of the activity for which a license or permit has been granted by the City, then the City Council may revoke the license or permit, suspend the license or permit for a period of up to sixty (60) days, impose a civil penalty of up to Two Thousand ($2, 000 . 00) Dollars for each violation, or impose any combination of these sanctions . Sec. 232 .50 Payment of Fines. A. If the Council imposes a civil fine, the Council shall also allow the license/permit holder a reasonable time to pay the fine . A "reasonable time to pay" means that all fines shall be paid within sixty (60) days unless the Council determines that a longer period of time is justified under the circumstances of the case . B . Failure of a license/permit holder to pay a fine within sixty (60) days (or within the time otherwise allowed by the 2 Council) shall cause that license or permit to become immediately suspended until full payment is received by the City Clerk. Sec. 232 . 60 Revocation or Suspension. Any license/permit holder who has had their license or permit suspended or revoked pursuant to any of the terms of this Ordinance, shall not be allowed to operate the activity which required the license or permit until the license or permit is reinstated. Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the terms of the permit or license . Sec . 232 .70 Constitutionality. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof . Sec. 232 . 80 Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication, according to law. WHEREUPON, said Ordinance was declared passed and adopted this 21st day of August, 1995 . -4020 41410) r iron, Mayor Attest : Mary A r Creager, Ci:+' Clerk Published in the White Bear Press this 30th day of August, 1995. 3 •• PRINTER'S AFFIDAVIT OF PUBLICATION 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 The 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 constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02,331A.07, and other applicable laws,as amended. (B)The Printed PUBLIC NOTICE T CITY OF HUGO which is attached was cut from the columns of said newspaper, and The Hugo CityCouncil 9 will hold a public hearingon Mondp c ay,August 21, 1 . O at7:10 ONE PM, Hugo City Hall,to consider an Ordinance was printed and published once each week, for successive weeks, establishing Chapter 232 providing for systems it was first published on WEDNESDAY , the 9 day of and procedures for the processing of allega- tions of violations regarding City-issued peens- AUGUST , 19 95 , and was thereafter printed and published on es and permits and providing civil remedial sanctions for violations. A full and completet0 and including copy of the proposed Ordinance is on file in the every office of the City Clerk for public review.Anyone , 19 ; and printed below is a wishing to comment on this matter will be heard the day of at this time. Mary Ann Creager,City Clerk copy of the lower case alphabet from A to Z, both inclusive, which is Published in the White Bear Press August 9,1995. hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: AilYYLe © _ TITLE: Publisher Subscribed and sworn to before me on this 9 day of AUGUST ,19 95. MAVIS PETERSON +n NOTARY PUBLIC-MINNESOTA V V` WASHINGTON COUNTY •i1..:, My Commission Expires Jan.31,2000 'OS. —III , .f' • r •j �, ' 1 . My commission expires .TAr1UARY 31 , 2 000 . RATE INFORMATION (1)Lowest classified rate paid by commercial users for comparable $ 3.10 space. (Line,word, or inch rate) (2)Maximum rate allowed by law for $ 3.10 the above matter. (Line, word,or inch rate) (3) Rate actually charged for the $ above matter. (Line, word,or inch rate) PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO AFFIDAVIT OF PUBLICATION ORDINANCE 1995-304 AN ORDINANCE ESTABLISHING CHAPTER STATE OF MINNESOTA) § 232 PROVIDING FOR SYSTEMS AND PROCEDURES FOR THE PROCESSING OF County of Ramsey ) ALLEGATIONS OF VIOLATIONS REGARDING CITY-ISSUED LICENSES AND PERMITS AND PROVIDING CIVIL REMEDIAL SANCTIONS FOR I, the publisher, or the publisher's designated agent, being duly sworn, VIOLATIONS THEREOF The City Council of the City of Hugo does on oath state that I am the publisher, or the publisher's designated hereby ordain as follows: Sec.232.10 Findings and Purpose. agent and an employee of the newspaper known as The White Bear The City of Hugo regulates many types of activities. For many of these activities,the City Press, and that I have full knowledge of the facts which are stated issues licenses or permits. Licenses or permits below: are issued for those activities which have the most profound effect (or potential effect) upon (A)The newspaper has com lied with all of the requirements constitut- Forthe health, safety and welfare of the citizens. P q example,retailnsiq and permitshare issued in qualification as a qualified newspaper, as byMinnesota for bars and liquor establishments,junk- g provided yards mining the sale of h cigarettes,special the operation of Statute 331A.02, 331A.07, and other applicable laws, as amended. mining pits,and other uses of property which require the City Council to be particularly aware of the activities being conducted. (B)The Printed CITY OF HUGO From time to time, the City is also called ORDINANCE 1995-304 upon to determine if the holder of a license or a permit hasviolated lly,there the termse of that licenseallega-or which is attached was cut from the columns of said newspaper, and permit. Similarly, are sometimes tions that the license or permit holder has violat- ed a statute,ordinance or rule which also regu- was printed and published once each week, for 1 successive weeks; lates the proper operation of that activity. Current City Ordinances do not adequately it was first published on WET)NEST)AY , the 30 day of establish a uniform procedure for the City to LUST determine if a violation has occurred. AUGUST 19 95 and was thereafter printed and published on Ordinances also do not adequately delineate what remedies are available to the City to every to and including , insure that licenses and permits are properly followed in the future so as to properly protect the day of , 19 ; and printed below is a the health,safety and welfare of the City's resi- dents. copy of the lower case alphabet from A to Z, both inclusive, which is This Ordinance is designed to establish a uniform method of determining whether or not hereby acknowledged as being the size and kind of type used in the violations have occurred. It is the intent of the City Council to establish a system which would composition and publication of the n9.t' e: provide fair and adequate notice to the permit/license holder of the alleged violation abcdefghijklmnopqrstuvwxyz / and a hearing before the City Council.The pos- sible penalties which are provided for are Y r y� , f designed to protect the public from future viola- BY: Y 1 tions.Specifically,the sanctions should deter a violator from engaging in future violations and should serve as a warning to other individuals TITLE: Publisher engaged in the same types of activities that the j City Council will respond appropriately to proven violations. Subscribed and sworn to before me on Sec.232.20 Licenses and Permits. The terms of this Ordinance shall apply to this 30 day of AUGUST ,,,,,,,�„M,•,,,, all licenses and permits(of any kind)issued by �,� MAVIS PETERSON • the City of Hugo. ...-41‘,--2-' � NOTARY PUBLIC-MINNESOTA Sec.All hearings Hearing Requirements. I/�nWASHINGTON COUNTY A. as envisioned within this V y / Ordinance shall take place before the City My CDmmIsslon Expires Jan.31,2000 Council at the City Council Chambers or at such other place as is convenient and proper, Notary Public, Ramsey County, inn. given the nature of the matter under considera- tion. My commission expires TAT\TUARY 31 , 2 000 . 3. None of the civil sanctions authorized herein shall be imposed by the City Council until the license/permit holder has been given RATE INFORMATION an opportunity for a hearing before the City Council. C. Hearings shall be conducted in accor- dance with the provisions found within 3.10 Minnesota's Administrative Procedure Act(M.S commercial users for comparable §14.57 to§14.69). space. (Line,word, or inch rate) U.This Ordinance does not require the City of Hugo to conduct its hearing before an employee of the Office of Administrative (2)Maximum rate allowed by law for $ 3.10 Hearings. Rather, it is intended that hearings will take place before the City Council. the above matter. (Line, word, or inch rate) Sec.232.40 Civil Sanctions. • the City Council finds that a license or (3)Rate actually charged for the above matter. (Line, word, or inch rate) permit holder has failed to comply with their license or permit, or has failed to comply with any applicable atute,rule or ordinance related to the operati--n of the activity for which a license or permit has been granted by the City, then the City Council may revoke the license or permit,suspend the license or permit for a peri- od of up to sixty(60)days,impose a civil penal- ty of up to Two Thousand ($2,000.00) Dollars for each violation,or impose any combination of these sanctions. Sec.232.50 Payment of Fines. A. If the Council imposes a civil fine, the Council shall also allow the license/permit hold- er a reasonable time to pay the fine.A"reason- able time to pay" means that all fines shall be paid within sixty (60) days unless the Council determines that a longer period of time is justi- fied under the circumstances of the case. B. Failure of a license/permit holder to pay a fine within sixty (60) days (or within the time otherwise allowed by the Council) shall cause that license or permit to become immediately suspended until full payment is received by the City Clerk. Sec.232.60 Revocation or Suspension. Any license/permit holder who has had their license or permit suspended or revoked pur- suant to any of the terms of this Ordinance, shall not be allowed to operate the activity which required the license or permit until the license or permit is reinstated. Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the terms of the permit or license. Sec.232.70 Constitutionality. If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining por- tions thereof. Sec.232.80 Effective Date. This Ordinance shall be in full force and effect from and after its passage and publica- tion,according to law. WHEREUPON, said Ordinance was declared passed and adopted this 21st day of August,1995. Fran Miron,Mayor Attest: Mary Ann Creager,City Clerk Published in the White Bear Press August 30,1995.