[Adopted 8-5-2003 by Ord. No. 121]
Administrative penalty procedures established pursuant to this section
are intended to provide the public and the City of Fairfax with an informal
cost-effective and expeditious alternative to traditional criminal charges
for violations of certain ordinance provisions.
The following officers of the City shall have the power to issue Tags
for ordinance violation: the City Clerk-Treasurer, the City Superintendent
of Public Works, the City Building Inspector and any police officer employed
by the City. Police officers may issue Tags for traffic violations.
[Amended 10-7-2003 by Ord. No. 121-A]
As used in this subsection, the term "Tag" means a written or printed
notice served upon the person charged with a violation. A Tag should be in
a form approved by the City Attorney and shall contain the following:
A.
The name and address of the person creating the violation or
the owner or person in charge of the premises where the violation occurred.
B.
The date and place of the violation.
C.
A short description of the violation followed by the number and
section of the ordinance violated.
D.
The deadline by which the violation charge must be paid to avoid
further action.
E.
The mailing address where the violation charge should be sent.
F.
The signature of the issuing officer.
G.
Such other information as the City Council may specify.
Whenever a Tag is issued, one copy shall be given to the person alleged
to have committed a violation, one copy shall be retained by the department
issuing the Tag and one Tag shall be filed in the office of the City Clerk-Treasurer.
The Tag shall be served upon the owner or person in charge of the premises
or the driver of the motor vehicle alleged to be in violation.
Tags issued pursuant to this subsection shall be numbered consecutively
beginning with the number 1, and no Tag shall be canceled or voided after
issuance except by the Police Department. The Police Department shall have
control of and be accountable for all Tags, either issued or unissued.
The Police Department should keep a complete record of all Tags brought
into or processed through it. All money received by the Police Department
as payment for fines shall be paid over to the City Clerk-Treasurer for the
benefit of the City.
The procedures described in this section are intended to be voluntary
on the part of those who have been charged with offenses subject to the administrative
penalty procedure. At any time prior to the payment of the administrative
penalty required for an applicable offense described herein, the individual
charged with the offense may withdraw from participation in the procedures
by giving written notice to the City Police Department or the City Clerk-Treasurer.
In the event that the City receives written notice than an individual
charged with an applicable offense does not wish to participate in the administrative
penalty process, the City may bring criminal charges against the individual
as allowed by and in accordance with the law. Likewise, the City, in its discretion,
may bring criminal charges in the first instance. Additionally, in the event
that an individual charged with an applicable offense does not pay the monetary
penalty which is requested, the City may seek to collect the costs of the
administrative penalty procedure as part of a subsequent criminal sentence
in the event the party is charged and is adjudicated guilty of the criminal
violation.
In the discretion of the issuing officer, violations of the provisions
of the City Code listed in the City Council Resolution (as amended from time
to time) "Adopting a Schedule of Offenses and Establishing Administrative
Penalties" may be enforced by issuing a Tag on a form directly to the City
within seven days of the violation. A late charge of 10% shall be imposed
for each seven days the requested penalty remains unpaid after the requested
payment is due.
The amount payable for an applicable violation shall be determined according
to City Council Resolution (as amended from time to time) "Adopting a Schedule
of Offenses and Establishing Administrative Penalties" and shall be paid directly
to the City Treasury.
Failure to make payment for the violation in the time specified will
result in the late charge described above and may, in the discretion of the
issuing officer in consultation with the City Attorney, result in prosecution
consistent with applicable statutes and ordinances.
If an individual charged with an applicable offense challenges his
or her guilt of the offense, written notice must be given to the City regarding
such challenge. In such an event, the individual will be withdrawn from the
administrative penalty process and criminal charges may be brought forth at
the discretion of the City Attorney. Under such circumstances, the City may
seek to collect the costs of the administrative penalty procedure as part
of a subsequent criminal sentence in the even the party is charged and is
adjudicated guilty of the criminal violation.
When an administrative citation is issued, the applicable violation
must be cured by the offender within seven days of the issuance of the citation.
When an applicable offense continues beyond seven days, the City may:
A.
Issue a subsequent administrative citation;
B.
Correct the violation itself and bill the offender for the costs
thereof. Such costs of correction may be certified by the County Auditor and
be collected and enforced against the offender's premises in the same manner
as taxes against the premises as allowed by law. If such action is commenced,
such charges will be a perpetual lien on said premises until fully paid;
C.
File criminal charges; and/or
D.
Take such other action to require compliance as permitted by
City Code or Minnesota Law.
