Title
Adding Chapter 20 to the Legislative Code to establish uniform procedures and policies to impose administrative citations with civil penalties for violations of City ordinances.
Body
Section 1.
WHEREAS, Saint Paul voters on November 4, 2025, via ballot referendum, approved amending the City Charter to permit the city to issue administrative citations (“Administrative Citations”) that carry penalties of civil fines by a margin of 68.19 percent to 31.81 percent; and
WHEREAS, the Saint Paul City Charter, section 6.01.3, authorizes the City to establish, by ordinance, a process by which Administrative Citations are issued and sets forth the requirements of the City's enforcement procedures prior to the imposition of a civil penalty; and
WHEREAS, the City’s existing ordinance enforcement scheme lacks a civil penalty remedy, which may result in unintended and inequitable consequences for residents and business owners who are cited; and
WHEREAS, the enforcement scheme established herein is not intended to be the sole method or means of achieving compliance with the City’s Legislative Code; and
WHEREAS, nothing in this Chapter is meant to limit or preclude the use of other remedies available to the City to enforce its ordinances under the City’s Legislative Code; and
WHEREAS, the procedures specified herein will provide an equitable administrative enforcement procedure and will facilitate compliance with certain provisions of this Code as required by the Charter; and
Now, therefore, the Council of the City of Saint Paul does hereby ordain:
Section 2.
Sec. 20.01. Purpose and Intent.
The City Council enacts this ordinance to provide administrative enforcement and hearing procedures for certain violations of the Saint Paul Legislative Code (“Legislative Code” or “Code”).
The intent of this Chapter is to develop a fair and effective tool for the city to enforce its Code without the need to utilize criminal penalties.
The intent of this Chapter is to establish uniform procedures, protocols, and policies for the imposition of a civil penalty. This Chapter, consistent with the requirements of section 6.03.1 of the Charter, establishes mechanisms to recognize and incorporate any potential financial hardship of any Respondent issued an Administrative Citation.
Sec. 20.02. Definitions.
For purposes of this chapter, the following terms have their meaning given:
Administrative Citation means a civil Code violation issued to a Respondent under the requirements of this Chapter.
Administrative Citation Hearing means a hearing requested by the respondent after receiving an Administrative Citation to contest an Administrative Citation or to present evidence of financial hardship.
Administrative Hearing Officer means an individual who presides over an Administrative Citation Hearing and can include an Administrative Law Judge, a Legislative Hearing Officer, or a Contract Hearing Officer. Administrative Hearing Officer does not include the Chief Legislative Hearing Officer.
Authorized Staff means a City employee that has been authorized by a City Department Director to issue an Administrative Citation.
Appeal means an appeal of the decision of an Administrative Hearing Officer to the City Council under Section 20.14.
City means the City of Saint Paul
City Attorney means the City Attorney or their designee.
Chief Legislative Hearing Officer means a City employee with the designated job title of Chief Legislative Hearing Officer.
Civil Penalty means a monetary fine issued in an Administrative Citation or as part of an order following an Administrative Citation Hearing.
Class A Violation means a serious Violation of the City Code that has the potential to cause great bodily harm or death.
Class B-1 Violation means a serious Violation of the City Code that does not pose a danger to the public health, safety, welfare, or the environment.
Class B-2 Violation means any other Violation of the City Code that is not a Class A or Class B-1 Violation.
Code means the Saint Paul Legislative Code.
Contract Hearing Officer means a non-City employee authorized as an Administrative Hearing Officer to hear and decide contests of Administrative Citations under this Chapter. A contract hearing officer is not a judicial officer, but is a public officer as defined by Minnesota Statutes, Section 609.415.
Day of Issuance means the day that an order, citation, or other document is signed.
Department refers to all Departments and agencies of the City of Saint Paul under the direction of the Mayor, pursuant to Chapter 2.01 of the Saint Paul Charter.
Director means the Department Director or their designee.
Final Disposition means an Administrative Citation that is not timely appealed, or any final determination of an Administrative Citation following an Administrative Citation Hearing that has no further mechanism for appeal under the Code to the City.
Findings of Fact means the written findings that support the order of an Administrative Hearing Officer or Administrative Law Judge following an Administrative Citation Hearing.
Order to Correct means an order contained in an Administrative Citation that allows a Respondent to avoid a Civil Penalty due to a Violation of the City Code.
Penalty Matrix means the presumptive Civil Penalty for Violation of the City Code, identified in Section 20.11 of this chapter
Preponderance of the Evidence means the standard of proof necessary to convince the fact finder that there is a greater than 50% chance that the claim is true.
Respondent means any of the following:
Property owner, as documented in the Ramsey County Property Tax Records;
Business owner
Licensee;
Agent;
Holder of a contract for deed;
Mortgagee or vendee in possession;
Receiver or executor or trustee;
Lessee;
Those known to the Authorized Staff as having an ownership interest;
Other person, firm or corporation exercising apparent control over a property; or
Individual responsible for the violation.
Request for Hearing refers to a request from the Respondent for a hearing to contest an Administrative Citation under Section 20.12.
Standard Operating Procedures means a City Department’s written policies and procedures as approved by the City Attorney's Office for implementing this Chapter, issuing an Administrative Citation and participating in an Administrative Citation Hearing.
Tenant means an individual that resides in a housing unit that is not owned by the individual, or a legal entity that occupies real estate that is not owned by the legal entity.
Violation means non-compliance with a provision of City Code.
Violation Class means the different severity levels of Violations identified in the Penalty Matrix.
Sec. 20.03. Authority; alternative modes of enforcement; presumptive penalty.
(a) Authority. A violation of the Saint Paul Legislative Code listed in the Administrative Citations Penalty Matrix is subject to the enforcement and hearing procedures of this Chapter, unless a separate procedure for enforcement is specified in that underlying Code. Nothing in this Chapter may be construed as replacing or serving as authority for a Department to issue corrective action, adverse action against a Respondent’s license, or any other means of enforcement as provided in the Saint Paul Legislative Code, or other applicable State and Federal laws, rules or regulations. Scheduled Civil Penalties may not be imposed for Code violations that prohibit the same conduct that is classified as a crime or petty misdemeanor in Minnesota Statutes Chapters 168, 168A, 169, 171, and 609.
(b) Alternative modes of enforcement. Departments may issue an Administrative Citation only where authorized by the City Council through an amendment to the underlying section of Code and:
(1) after any prescribed procedures provided in the relevant section of the Code to gain compliance are utilized; and
(2) all adopted and approved Department standard operating procedures, as required by section 20.07, paragraph (a), for issuance of an Administrative Citation have been implemented.
(c) Presumptive penalty.
(1) A Code violation subject to enforcement by Administrative Citation is subject to the Administrative Citation Penalty Matrix as outlined in section 20.11. The Administrative Citation Penalty Matrix determines the presumptive civil penalty associated with an Administrative Citation, in addition to other consequences that are permitted in the Code or where applicable, section 20.13, paragraph (f), that may be imposed upon Respondent.
(2) The Matrix Penalty for a single Administrative Citation may exceed the proscribed Matrix Penalty for a single code violation if there are multiple code violations contained in one (1) Administrative Citation.
Sec. 20.04. Administrative citation procedure.
(1) Unless the underlying Code violated by the Respondent specifies a separate procedure, prior to issuance of an Administrative Citation, the Department must provide Respondent with an Order to Correct that meets the requirements of section 20.05. Notice of the Order to Correct must be provided to Respondent pursuant to Section 20.09; and
(2) If Respondent does not comply with the Order to Correct by the deadline specified in the Order to Correct, the Department may issue an Administrative Citation. If the Department issues an Administrative Citation, it must meet the requirements of section 20.08.
Sec. 20.05. Order to correct.
(a) The Order to Correct must specify, in writing:
(1) the underlying Code requirements; and
(2) the corrective measures that must be taken to comply with the Code, if applicable, including a deadline for compliance with the Code’s requirements.
(b) Resolution may be reached and the Order to Correct withdrawn if the Respondent complies with the Order to Correct or submits in writing an alternative means of compliance with the Code and the Department approves the alternative means of compliance in writing.
(c) If the Order to Correct specifies a deadline for compliance with the Code requirements, the Respondent must take corrective action within that timeline. If the Department is satisfied with such corrective action, the Department must dismiss the underlying Order to Correct.
Sec. 20.06. Issuance of citation.
(a) A Department may issue an Administrative Citation for a violation of the City’s Code under the Administrative Citation Penalty Matrix pursuant to the procedures specified in this Chapter. Unless the underlying Code specifies a different procedure, requirement, or penalty, the Administrative Citation may only be issued if Respondent has failed to meet the terms of the Order to Correct by the deadline specified.
(b) An Administrative Citation must comply with the standards under section 20.07 and contain the information specified in section 20.08 and specify the proposed penalty as provided in the Administrative Citation Penalty Matrix.
Sec. 20.07. Standardized procedures.
(a) Prior to the issuance of an Administrative Citation, a Department must prepare Standard Operating Procedures that comply with this Chapter and the underlying Code provision that supports the issuance of the Administrative Citation. The Standard Operating Procedures must be approved by the City Attorney’s Office. Standard Operating Procedures can be amended from time to time, by following the procedures in this Section.
(b) The Standard Operating Procedures required under this section must include:
(1) Procedures on evidence gathering, collection, data retention and privacy, in preparation for an Order to Correct or potential Administrative Citation.
(2) Procedures for the review of Administrative Citations issued for tracking and any other information relevant for reporting requirements.
(3) Processes on hearing procedure and Administrative Hearing Officer selection.
(4) Equity impacts and plain language communication material.
(5) Public outreach and community notice.
(6) Processes for the development and retention of Standard Operating Procedures for review by the City Council.
(c) Prior to issuance of a Class B-2 Administrative Citation, the issuing Department Director must review and approve the Administrative Citation to confirm compliance with the adopted Standard Operating Procedures.
(d) Prior to issuance of a Class A or B-1 Administrative Citation, the issuing Department Director must review and approve the Administrative Citation to confirm compliance with the adopted Standard Operating Procedures and the City Attorney’s Office must review and approve the Administrative Citation for compliance with this Chapter and all other applicable ordinances, state and federal laws, and the Constitution.
Sec. 20.08. Administrative Citation Required Information.
An Administrative Citation issued to a Respondent must contain the following:
(1) an identification number unique to the Administrative Citation, which includes letters or numbers to identify the issuing Department, and the calendar year;
(2) a description of the violation which provides the basis upon which a preponderance of the evidence exists for the violation, and includes any supporting documentation as determined by a Department’s Standard Operating Procedures;
(3) the date of issuance of the Administrative Citation;
(4) a citation to the ordinance and ordinance section violated;
(5) the name and address of the Respondent, if known;
(6) the date(s) the violation(s) occurred;
(7) the date(s) the Order to Correct was issued, if applicable;
(8) the location where the violation occurred, if applicable;
(9) the name of the Authorized Staff and Department issuing the Administrative Citation;
(10) the amount of the civil penalty prescribed by the Administrative Citation Penalty Matrix for the violation;
(11) the date by which the Respondent must pay the civil penalty prescribed by the Penalty Matrix or request a hearing to contest the Administrative Citation;
(12) if an enhanced penalty is issued, any information upon which the Department relies upon to request an enhanced penalty under the Penalty Matrix;
(13) information on how the Respondent may request an Administrative Citation Hearing to contest the Administrative Citation;
(14) instructions on how the Respondent may admit the facts but request consideration of their economic circumstances or inability to pay the civil penalty imposed under the requirements of section 20.12 (i);
(15) instructions on how the Administrative Citation may be paid and a statement on the Administrative Citation stating that payment of the civil penalty is an admission of the underlying offense;
(16) language stating that consequences of failure to respond by the deadline specified in the Administrative Citation is an acceptance of the civil penalty imposed by the Penalty Matrix.
Sec. 20.09. Service requirements.
(a) When notice of an Order to Correct, an Administrative Citation, an Order related to an Administrative Citation Hearing, or a written decision on an Administrative Citation needs to be served, any of the following methods of service is deemed adequate:
(1) By personal service;
(2) By email address, provided that Respondent opts-in to receive documents by email; or
(3) If the appropriate party cannot be determined after reasonable investigation by the Department, then by posting a copy of the order in a conspicuous place on the property that is subject to the Order to Correct or Administrative Citation.
If a mailed order or notice is returned to the City, the Department must make a good faith effort to determine the correct address.
(b) Any Department staff, Department Directors, Administrative Hearing Officers or Chief Legislative Hearing Officer referenced in this Chapter may request Respondent submit a valid email address upon application for hearing under section 20.13. Whenever such a request is made, Respondent must be informed that service of notices and orders may be accomplished through electronic means. It is Respondent’s responsibility to notify the City of any change to their designated mailing address or to opt-out of e-mail service. Such notification must be in a format designated by the Department.
Sec. 20.10. Administrative Citation Penalty Matrix and Violation Classes.
(a) The City Council shall determine if a violation belongs under Class A, Class B-1 or Class B-when an ordinance is added to the Administrative Citation Penalty Matrix using the guidelines set forth in each class.
(b) The Administrative Citation Penalty Matrix must be used by a Department to determine the level of severity of a violation, the corresponding penalty and the type of hearing the Respondent will receive if the Respondent wishes to contest the Administrative Citation.
(c) Repeat violations may result in increased matrix penalties. Repeat violations of the same type, by the same Respondent within a twenty-four (24) month period are subject to a matrix penalty that is double the previous matrix penalty up to the maximum penalty allowable in the Violation Class.
(d) Class A Violations:
(1) Class A violations are the most serious of violations. Class A violations include violations that present a serious actual or potential danger to public health, safety, welfare or the environment. This means that the violation, if left unaddressed, creates a situation where there is a substantial likelihood of immediate harm, including death or serious bodily harm.
(2) Review and Approval: Administrative Citations for Class A violations must be reviewed and approved by the City Attorney’s Office before issuance for compliance with adopted Standard Operating Procedures, and compliance with all ordinances, laws and the constitution.
(e) Class B-1 violations are serious violations that do not pose an imminent danger to the public health, safety, welfare, or the environment. Class B-1 violations include:
(1) operating or performing work for which a license, certificate, registration or permit is required without the required license, certificate, registration or permit; failing to call for an inspection; failing to provide notice, plans, reports or other information legally required to be submitted to the department under statute or rule; failure to secure plan approval before commencement of an activity;
(2) knowingly making a false material statement, representation, or certification in; omitting material information from; or altering, concealing, or failing to file or maintain a notice, application, record, report, plan, or other document;
(3) Review and Approval: Administrative Citations for Class B-1 violations must be reviewed and approved by the City Attorney’s Office before issuance for compliance with adopted Standard Operating Procedures, and compliance with all ordinances, laws and the constitution.
(f) Class B-2 violations include all other Code violations that have not been identified in Paragraph (d) or Paragraph (e) of this section.
(1) Review and Approval: Administrative Citations for Class B-2 violations must be reviewed and approved by the Department Director of the issuing Department for compliance with adopted Standard Operating Procedures.
Sec. 20.11. Administrative citation penalty matrix.
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Violation Type |
Chapter |
Penalty |
Maximum penalty for second and subsequent violations within twelve (12) months of a previous violation |
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Class A |
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Class B-1 |
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Class B-2 |
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Sec. 20.12. Payment of Fine; Request for Hearing required within certain time.
(a) The Respondent responsible for the violation must either pay the civil penalty prescribed by the Penalty Matrix or request an Administrative Citation Hearing under the procedures specified in Section 20.13 within twenty (20) calendar days after the Day of Issuance of the Administrative Citation. Payment of the scheduled civil fine constitutes an admission of the violation and forgoes an Administrative Citation Hearing.
(b) Upon Respondent’s request for an Administrative Citation Hearing, payment of the civil penalty is stayed pending the resolution of the Administrative Citation Hearing under section 20.12.
(c) No financial charge may be imposed on a Respondent for requesting an Administrative Citation Hearing on an Administrative Citation.
Sec. 20.13. Hearing Officer; Hearing and Adjudication Procedure.
For purposes of this chapter, the following applies to requests for an Administrative Citation Hearing under this Chapter.
(a) Application and Scheduling.
Respondent is required to submit a request for a hearing before an Administrative Hearing Officer, to the City’s Chief Legislative Hearing Officer within 20 days of the Day of Issuance of an Administrative Citation under Section 20.12(a).
Respondent shall submit the request for an Administrative Citation Hearing on a form provided by the office of the Chief Legislative Hearing Officer and shall indicate if Respondent is:
Admitting the facts contained in the Administrative Citation, but requesting an opportunity to be heard on Respondent's ability to pay by providing such proof as required under paragraph (i) in this section, or
Contesting the facts and requesting a hearing on the merits of the Administrative Citation.
(b) Venue and Responsibility to Conduct Hearing
Class A violations.
If the Respondent is contesting the facts of “Class A Violation,” the Chief Hearing Officer will refer the request to the City Attorney who will schedule the hearing with the Court of Administrative Hearings.
The City Attorney will represent the city at the Court of Administrative Hearings in accordance with the rules for administrative hearings.
If the Respondent is admitting the facts contained in the Administrative Citation but requesting an opportunity to be heard on Respondent's ability to pay by providing such proof as required under paragraph (i) in this section, the Chief Legislative Hearing Officer Hearing Officer will schedule the matter internally before an Administrative Hearing Officer.
Class B-1 and Class B-2 Violations:
If the Respondent is contesting a “Class B-1 Violation” or “Class B-2 Violation,” or admitting the facts contained in the Administrative Citation but requesting an opportunity to be heard on Respondent's ability to pay by providing such proof as required under (i) in this section, the Chief Hearing Officer will schedule the matter for a hearing before Administrative Hearing Officer.
The Administrative Citation Hearing must be conducted under the procedures specified in section.
(c) Hearing Procedures.
The following requirements apply to a hearing to contest an Administrative Citation:
(1) Burden of Proof
The Department has the burden of prove that each violation occurred by a Preponderance of the Evidence.
(2) Opportunity to be Heard.
Respondent will have an opportunity to offer evidence, witness testimony, cross-examine Department witnesses, offer rebuttal evidence, and make argument. At the hearing, strict rules of evidence do not apply.
(3) Respondent may be represented.
Respondent may represent themselves, designate a representative to advocate on their behalf, or may be represented by an attorney. If the Respondent intends to be represented by a non-attorney, Respondent must provide the name and address of the individual who will represent Respondent at the hearing by mail or electronic means at least forty-eight (48) hours prior to the hearing.
(4) Exchange of Evidence and Witness Lists.
No less than three (3) days prior to the Administrative Hearing, the Department must send the Respondent or Respondent’s designated representative by mail or electronic means, its witness and exhibit lists. If the witness list or exhibit list are not provided as required in this Section, then Respondent is entitled to move for a continuance of the Administrative Hearing, and such motion shall be granted by the Administrative Hearing Officer or Administrative Law Judge.
(5) Record; Weight of Evidence.
The Administrative Hearing Officer must record the hearing and receive testimony and exhibits offered by Respondent and the Department. The Administrative Hearing Officer must consider and give due weight to all probative evidence received.
(6) Authority of Administrative Hearing Officer.
The Administrative Hearing Officer is authorized to:
(i) facilitate discussions of the disputed Administrative Citation between the parties, if agreed upon by the Respondent and Department;
(ii) determine whether the Department has proven a violation of the Code by preponderance of the evidence;
(iii) dismiss the Administrative Citation;
(iv) impose the scheduled civil penalty as prescribed by the Penalty Matrix, along with any hearing costs as provided by paragraph (f) in this section;
(v) reduce or waive a scheduled civil penalty either upon compliance with the appropriate conditions set forth in a written decision; and
(d) Decision and imposition of civil penalty by an Administrative Hearing Officer.
After the Hearing is concluded, the Administrative Hearing Officer will issue a decision and a civil penalty for a violation of Code, the Administrative Hearing Officer may issue a downward departure from the Matrix Penalty and if doing so should consider any or all of the factors listed below:
(1) the duration of the violation;
(2) the frequency or recurrence of the violation;
(3) the seriousness of the violation;
(4) the history of the violation;
(5) the Respondent’s conduct after issuance of the Order to Correct, if applicable;
(6) any good faith effort by the Respondent to comply;
(7) the economic impact of the penalty on the Respondent;
(8) the impact of the violation upon the community;
(9) prior record, if any, of city code violations;
(10) an agreement to have no same or similar violations within a certain time period.
(e) Decision of Administrative Hearing Officer; in writing.
(1) The Administrative Hearing Officer must determine whether the Department has proven by a Preponderance of the Evidence that a violation occurred and that the required corrective action is reasonable and must affirm, vacate, or modify the Department’s decision regarding the alleged violation or corrective action. The decision of the Administrative Hearing Officer must be in writing and contain the following information:
(i) findings of fact and conclusions of law thereon in support of the decision;
(ii) the required corrective action, if any;
(iii) the date and time by which corrective action must be completed; and
(iv) the civil penalty assessed based on either the Penalty Matrix or a deviation from the Penalty Matrix, and if applicable, the imposition of hearing costs as specified in paragraph (f).
(2) The written decision must be served on the Respondent within fourteen (14) calendar days of the decision under the requirements in section 20.09.
(f) Imposition of costs.
Upon request of the Department, and provided that the Respondent was notified of the request prior to the hearing, the Administrative Hearing Officer may impose some or all hearing costs if the Administrative Hearing Officer finds that the Respondent’s position, claim or defense was frivolous, arbitrary or capricious, or made in bad faith for the purpose of delay or harassment.
(g) Finality of decision.
The decision of the Administrative Hearing Officer is final, unless Respondent files an appeal to the City Council pursuant to Section 20.15. An appeal to the City Council must be submitted to the City’s Chief Legislative Hearing Officer within twenty (20) days of the Day of Issuance of the Administrative Hearing Officer’s decision, on the City’s appeal form.
(h) Judicial review.
After all administrative remedies are exhausted under this Chapter, Respondent may seek judicial review by petitioning the Minnesota Court of Appeals for a writ of certiorari pursuant to Minnesota Statutes, Section 606.01. The writ must be served within 90 days of the Day of Issuance of the City’s final decision. Respondent’s failure to exhaust all administrative remedies, including all administrative appeals is a bar to certiorari appeal.
(i) Payment; Individual Ability to Pay.
(a) A Respondent who has requested a hearing to contest an Administrative Citation can present evidence that Respondent is unable to pay the civil penalty imposed by the Administrative Citation Penalty Matrix. The determination of the Respondent’s ability to pay must be made on the record before any civil penalty from the Penalty Matrix is imposed. Proof of inability to pay must be demonstrated by either of the following:
(1) if the Respondent qualifies as a recipient of Medicaid, SNAP, Supplemental Security Income, Temporary Assistance for Needy Families (TANF), or other means tested governmental benefits; or
(2) if the Respondent’s available personal income is verified to be at or below the federal Housing and Urban Development’s Very Low Income Limit (“VLIL”) calculation for Ramsey County.
Upon sufficient proof of an inability to pay, an Administrative Hearing Officer, must impose a civil penalty of twenty-five percent (25%) of the amount of the civil penalty prescribed under section 20.11 to be paid by the Respondent, if the Respondent is found to have committed a Code violation.
(b) If a reduced civil penalty is imposed by the Administrative Hearing Officer under paragraph (a) and the underlying violation can be addressed by remedial action, the City must afford the Respondent an opportunity to correct the underlying violation before payment of the civil penalty becomes due.
Sec. 20.14. Administrative Hearing Officer; Authorization and Requirements.
(a) The Administrative Citation Violation Matrix established in section 20.11 determines whether a hearing to a Citation is conducted by an Administrative Law Judge or a Hearing Officer.
(b) A Contract Hearing Officer has all authority to conduct hearings on an underlying administrative citation under the procedure and authority established in this Chapter and other Chapters of the Legislative Code. Administrative Hearing Officers are governed by the procedural and substantive requirements specified in this Chapter or by the underlying Saint Paul Legislative Code if a separate procedure is identified.
(c) Administrative Hearing Officers are not judicial officers, but are considered public officers pursuant to Minnesota Statute, Section 609.415, subd. 1(1).
Sec. 20.15. Appeals of Administrative Hearing Officer Decision; Procedure and Requirements.
(a) Respondent may appeal the Administrative Hearing Officer’s decision to the City Council to review the Administrative Hearing Officer’s order. Respondent must complete and submit the City’s appeal form to the City’s Chief Legislative Hearing Officer within twenty (20) days of the Administrative Citation Hearing Officer’s order.
(b) Upon receipt of the appeal, the City’s Chief Legislative Hearing Officer is authorized to review the entire record, including the testimony, argument, and exhibits received by the Administrative Hearing Officer. After review of the record and the Administrative Hearing Officer’s order, the Legislative Hearing Officer must make recommendations as provided in paragraph (c) in this section to the City Council. The Legislative Hearing Officer’s recommendations must be forwarded to the City Council within thirty (30) days of the Legislative Hearing Officer’s receipt of the appeal.
(c) The Legislative Hearing Officer may make the following recommendations to the City Council regarding an appeal of an order made by the Administrative Hearing Officer:
(1) to modify, reverse, revoke, or amend a specific decision or determination made by the Administrative Hearing Officer;
(2) to dismiss the underlying citation;
(3) refer the matter for a new hearing with an Administrative Law Judge subject to the City Council’s approval; or
(4) review and determine whether a civil penalty ordered by an Administrative Hearing Officer under section 20.13 (c)(6) that deviates from the Penalty Matrix is justified.
(d) Upon a deviation from the recommended Penalty Matrix by the Legislative Hearing Officer in paragraph (c)(4), the City Council must make findings to support the deviation.
Sec. 20.16. Recovery of Civil Penalties.
It is the intent of the City Council, by the adoption of this Section, to collect the civil penalties imposed pursuant to an Administrative Citation. If the civil penalties are not paid by the Respondent in a timely fashion as specified by section 20.08, the dollar amount associated with the civil penalty is a debt owed to the City, which may be recoverable in District Court as provided by the City Charter. If an assessment against real property is not available, the nonpayment of the civil penalty will constitute an obligation of the Respondent and may be collected by the City by all legal means.
Sec. 20.17. Reporting Requirement.
Beginning January 1, 2028, each Department issuing Administrative Citations must provide the following information from the preceding year to the City Council or its relevant committee:
(i) the number and types of Administrative Citations issued;
(ii) any adopted Standard Operating Procedures required under section 20.07;
(iii) the disposition of any Administrative Citation contested by a Respondent, contested to an Administrative Hearing Officer, or appealed to the City Council; and
(iv) recommendations for issuance, notice, hearing, appeal, or other policy improvements to this Chapter.
Sec. 20.18. Severability. If any section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter will not be affected thereby.
Section 3.
This Ordinance will take effect and be in force thirty (30) days following passage, approval, and publication.