Fall 2015 Administrative Enforcement Program WHAT IS ADMINISTRATIVE

Fall 2015 Administrative Enforcement Program

WHAT IS ADMINISTRATIVE ENFORCEMENT? Alternative Enforcement: The City of Mankato has established an Administrative Enforcement and Hearing Program as an enforcement option for certain violations of the Mankato Code of Ordinances. Administrative Enforcement: provides a MORE EFFICIENT mechanism to address neighborhood problems and Code violations. Due Process: violators are provided notice of the violation and an opportunity to be heard before a neutral decision-maker. Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly 2

Why have an Administrative Hearing Procedure? Purpose • To provide an administrative process for the enforcement of certain violations of the Code Intent • Criminal fines and fees typically utilized for enforcement contain certain negative consequences for the City and the accused • Criminal court: Code violations have been pursued in criminal court= INEFFECITVE and Time Consuming • Using an administrative process and the imposition of civil penalties is an alternative method of gaining compliance with Code Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly 3

Where did this Administrative Procedure come from and when will it take effect? Draft Administrative Procedure (Summer 2015) Feedback from City Departments Feedback from City Council (discussed at Council Workshop early Fall 2015) Finalize Administrative Procedure (Chapter 19) Council Approval (hearing December 14 th) Staff Training (fall/winter of 2015) Implementation (Mid. January 2015) Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly 4

City Code Violations • The following provisions of City Code will be deemed as administrative offenses and are subject to the hearing process • Property Violations: • Non-Property Violations • Licensing Violations (Strike = Review Panel) • Parking Violations Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly 5

How are violations enforced? • Violations • #1: Reasonable belief formed- that a property violation has occurred • #2: Corrective Action- letter or contact with property owner regarding the alleged violation and request to correct • #3: Notice of Violation- City Official will send (mail or hand deliver) a Letter Notice detailing the violation and required action • #4: Right to Appeal Decision • 20 days to Appeal- form provided and fee required • If no Appeal taken? Fee/penalty is final and will be pursued • If Appeal filed? Follow Chapter 19 procedure Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly 6

Administrative Hearing or Strike Review • • Request for Hearing or Strike Review- to City Manager’s Office • Form: Written request on the form provided by the City must be submitted within twenty (20) days of Letter Notice, Citation, or action by City Council • Fee: Must pay an administrative hearing fee of $75. 00 (Hearing) $25. 00 (Strike Review) and submit required appeal form • Notice: Notice of hearing will be served in person or by mail at least ten (10) days prior to hearing Informal Settlement Conference (Upon receiving notice of request for hearing) • • Who: City official who issued letter or citation meets or phone conferences with violator to attempt mediated resolution Administrative Hearing or Strike Review • Hearing Officer: approved list of area lawyers • Review Panel: 3 members of the Public Safety Advisory Committee Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly 7

Prior to Administrative Hearing or Strike Review • Removal of Hearing Officer • A written Request for Removal may be submitted to City Designee at least five (5) days prior to the Hearing • Request for reduced or waived fee • The Hearing or Strike Review is not effective until the fee is paid within twenty (20) days • Fee may be reduced or waived if requesting party can demonstrate indigency with clear and convincing evidence • Administrative fee may be refunded if the hearing officer determines that no violation occurred • Continuances • Must be submitted at least forty-eight (48) hours prior to the scheduled hearing and upon good cause • If a new hearing date is granted, notice will be sent in the mail Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly 8

During the Administrative Hearings or Strike Reviews- what to expect • Hearing Procedures • Each party will have the opportunity to • Present Testimony • Question Witnesses • Submit documentary evidence • Object the other party’s evidence or testimony • City must prove that a violation occurred • All hearings will be recorded • Failure to appear on hearing date is an admission to the violation Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly 9

Example: Dangerous Dog Reasonable belief of violation Animal Control Officer receives call that dog was off leash and bit a neighbor causing substantial bodily harm Notice of Violation Letter mailed (certified mail? ) or citation issued under 9. 31 declaring dog as potentially dangerous or dangerous Administrative Appeal Hearing Request If proper Appeal filed (timely, with proper forms and fees) City Official conducts ISC and follows up in writing IF NO SETTLEMENT… Administrative Hearing held between dog owner and Assistant City Attorney. All evidence is presented from both sides to Hearing Officer “mini trial” Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly Final decision and Enforcement Hearing Officer issues written decision with Findings of Fact, Conclusions of Law, and Decision Appeal to MN Court of Appeals 10

Example: Taxi License (Strike Review) Reasonable belief of violation Peace officer receives complaint that Taxi A is operating a taxi without proper “markings” Notice of Violation Peace officer or other City official issues a “strike” against the license utilizing the approved strike matrix Administrative Strike Review Request If proper Appeal filed (timely, with proper forms and fees) City Official conducts ISC and follows up in writing IF NO SETTLEMENT… Public Safety Advisory 3 Member Panel Strike Review Hearing Held between license holder and city official; All evidence is presented from both sides Informal “mini trial” Leading the Way as a Prosperous Diverse Regional Community • Responsive • Efficient • Greater Good • Innovative • Open • Neighborly Decision and Enforcement Review Panel issues written decision with Findings of Fact, Conclusions of Law, and Decision No Appeal until 3 strikes; license reviewed by Council 11