3C - Ordinance Amendment Governing Administrative Fines and Violations

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STAFF REPORT Application: Ordinance Amendment Governing Administrative Fines and Violations Applicant: City of Pequot Lakes Agenda Item:3(c) Background: The Planning Commission has been working with the Police Chief to develop an Administrative Fine designation for zoning offenses. In January, the Planning Commission reviewed the proposed Policy and directed Staff to forward the modified version to the City Attorney and Prosecuting Attorney for their comments. The modified Policy is as follows: POLICY FOR ISSUANCE OF ADMINISTRATIVE FINES FOR ZONING OFFENSES The following policy has been approved by the City Council on for the issuance of Administrative Fines for Zoning Offenses. 1. City Staff will issue a violation letter giving the property owner a date to remedy the violation]and the letter will be hand delivered by the Police Department or mailed by certified mail,if not issued to a local resident.This letter will state that,if the violation is not brought into compliance by the specified date, the Police Department will issue an Administrative Fine in the amount of$1oo.00. 2. The property owner will have ten(1o)days in which to pay the fine or request a hearing. 3. If the property owner fails to pay the penalty and does not request a hearing, a misdemeanor charge will be brought against the offender. If after a hearing is held and the property owner is found in violation,a State citation will be issued. 4. In the event a party is charged with a subsequent administrative offense, within twelve months for the same or substantially similar offense, the subsequent administrative penalty shall be increased by 25%. 5. The penalties collected will be deposited into the City's General Fund as a designated revenue fund for Land Use Education,such as: A. Printing brochures; B: Mailings; C. Publish articles in local newspaper; D. Community Cleanup; E. Develop Brochures; F. Charity to do work; G. Other,as deemed necessary by the Planning Commission. The Prosecuting Attorney did not offer any comments or suggestions for the Policy. However, the City Attorney suggested the following: • Regarding the service of the Notice of Violation the City may consider serving by certified mail first and then if the property owner does not accept the certified mail then the City may proceed with personal service through the Police Department. City of Pequot Lakes Staff Report 3-1 March 15,200'7