ORDINANCE NO. 1547 AN ORDINANCE AMENDING

Published March 11, 2023 at 1:10 AM

ORDINANCE NO. 1547 AN ORDINANCE AMENDING SECTION 320, ADMINSTRATIVE CITATIONS THE CITY COUNCIL OF THE CITY OF BRAINERD DOES ORDAIN: SECTION ONE: Section 320.07 of the City Code is hereby amended by adding the following underlined language: Section 320.07 Administrative Offenses; Schedules of Fines and Fees. Subd 1. A violation of any provision of the City Code is an administrative offense which may be subject to an administrative citation and civil penalties pursuant to this ordinance. Subd 2. The schedule of fines for offenses initiated by administrative citation shall be: - 1st Citation $100 - 2nd Citation $200 - 3rd Citation $300 The City Council is not bound by this schedule when a matter is appealed for administrative review. Subd 3. After the issuance of three (3) citations, the offense shall be brought before the Safety & Public Works Committee for determination of further action to correct the violation. Such actions may include but are not limited to abatement, issuance of further administrative citations in an amount determined by the Committee, or legal action. The determination of the Safety & Public Works Committee shall then be referred as a recommendation to the City Council for final approval. Subd 4. After the issuance of (3) citations, the following nuisance violations shall be administratively abated. 1) Garbage & Rubbish 2) Grass & Weeds in Excess of 6” 3) Animal Feces 4) Nuisance on a Public Sidewalks for Snow and Ice Subd 5. Repeat Offender. If the same owner commits a subsequent violation within 12 months after abatement of the property for the same or similar offense for a violation listed in the above paragraph the following schedule shall be: - 1st Citation $300 - Administrative Abatement The City Council is not bound by this schedule when a matter is appealed for administrative review. Staff may bring repeat offenses to the Safety & Public Works Committee for determination of further action. Subd 6. The City Council may adopt a schedule of fees to be paid to administrative hearing officers. Subd 7.The administration of the administrative citation program shall be conducted solely on a complaint driven basis. Offenses of a nature that may result in bodily harm, damage to property, or significant blight may be brought before the Safety & Public Works Committee without a complaint for determination whether to implement the administrative citation program or take other action. The determination of the Safety & Public Works Committee shall then be referred as a recommendation to the City Council. SECTION TWO: This ordinance shall take effect and be in full force one week from and after its publication. Adopted this 6th day of March 2023 /s/ KELLY BEVANS President of the Council Approved this 7th day of March 2023 DAVE BADEAUX Mayor ATTEST: /s/ JENNIFER BERGMAN City Administrator (March 11, 2023) 202054