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File #: CCI 21-7    Version:
Type: Charter Commission Items Status: Archived
In control: Charter Commission
Final action: 10/18/2021
Title: Recommending the amendment to Chapter 6.03.1 of the Saint Paul Charter pertaining to the imposition of civil penalties for violations of city ordinances.
Attachments: 1. chartercommissioncorrespondence729-rxc, 2. Administrative Citations - Charter Commission 7-29-21, 3. 53 Admin. New Administrative Hearing Procedures -DRAFT 7-13-2021, 4. Clark Amendment, 5. Purdy Public Comments, 6. Purdy Exhibit 1 Mechanical Permit 659466 issued 6-7-2017, 7. Purdy Exhibit 2 Utility Boundary Limits, 8. Purdy Exhibit 3 Bloomington Finance Response, 9. Purdy Exhibit 4 Bloomington MN FOIA, 10. Purdy Exhibit 5 City of MinneapolisFOIA, 11. Purdy Exhibit 6 Ramsey District Court payables, 12. Purdy Exhibit 7 Legislative Code Offenses, 13. Purdy Exhibit 8 November 18, 2016 Letter to City Council, 14. City-proposed amendments to Charter 6.03 DRAFT, 15. John Purdy Supplemental public comment, 16. John Purdy Follow-up Public Comments 9-17-2021, 17. Purdy Exhibit 9 Bloomington MN updated FOA, 18. Purdy Exhibit 10 OAG 12-1-2003, 19. Ruby Hunt Email, 20. 21-09-13 Charter Commission Statement, 21. CCI 21-7 Cacje Henderson Email, 22. CCI 21-7 Ginny DeLuca Email, 23. CCI 21-7 Jane Prince Email, 24. CCI 21-7 Janell Draper Email, 25. CCI 21-7 Saint Paul Regional Labor Federation Letter, 26. CCI 21-7 Sarah Gleason Email, 27. CCI 21-7 Sarah Mullins Email, 28. CCI 21-7 Sumer Spika Email, 29. CCI 21-7 Vivian Ihekoronye, 30. Mpls FOI response Public_Sent_DR2124692 (4)

Title

Recommending the amendment to Chapter 6.03.1 of the Saint Paul Charter pertaining to the imposition of civil penalties for violations of city ordinances.

Body

WHEREAS, the City of Saint Paul would like the ability to implement ordinances that provide a civil penalty for appropriate violations of city ordinances; and

WHEREAS, the City believes that civil penalties will assist in reaching compliance goals in a timely, consistent, and appropriate manner, and

WHEREAS, all changes to the City Charter must be recommended by the Saint Paul Charter Commission, and

WHEREAS, the Saint Paul City Council by RES 21-720 requested the Saint Paul Charter Commission to approve the following proposed changes to Chapter 6.03.1:

Section 6.03.1 - Legislative ordinances

Subdivision 1. Every act of the council which defines, licenses, regulates, suppresses, prevents or prohibits any act, business or person, grants or modifies or modifies any franchise, imposes a civil penalty  or is in any way an exercise of legislative powers, shall be done by legislative ordinance. Except as otherwise provided in this Charter, such ordinances shall require an affirmative vote of at least four (4) members of the council.

Subdivision 2. With the exception of the failure to pay fines or fees, the council may establish, alter, amend or repeal an ordinance to impose a civil penalty for each violation of a city ordinance.  For each ordinance the City would like to enforce using a civil penalty, the Council must adopt or amend an ordinance (a) outlining the amount of fine and other penalties that can be imposed for a first or subsequent violation of that ordinance; and (b) describing the procedure to impose civil penalties. The procedure to impose civil penalties must include notice of an ordinance violation and an opportunity to be heard, prior to imposition of a civil penalty.  Any civil monetary penalty amount must be imposed equitably and must not exceed twice the maximum fine amount authorized for misdemeanor offenses for violation of the City Code. The district court has jurisdiction to enforce any order to pay a civil monetary penalty imposed under this section.

NOW THEREFORE BE IT RESOLVED, the Saint Paul Charter Commission hereby recommends the following amendment to Chapter 6.03.1 of the Saint Paul Charter:

Section 6.03.1 - Legislative ordinances

Subdivision 1. Every act of the council which defines, licenses, regulates, suppresses, prevents or prohibits any act, business or person, grants or modifies or modifies any franchise, imposes a civil penalty  or is in any way an exercise of legislative powers, shall be done by legislative ordinance. Except as otherwise provided in this Charter, such ordinances shall require an affirmative vote of at least four (4) members of the council.

Subdivision 2. With the exception of the failure to pay fines or fees, the council may establish, alter, amend or repeal an ordinance to impose a civil penalty for each violation of a city ordinance.  For each ordinance the City would like to enforce using a civil penalty, the Council must adopt or amend an ordinance (a) outlining the amount of fine and other penalties that can be imposed for a first or subsequent violation of that ordinance; and (b) describing the procedure to impose civil penalties. The procedure to impose civil penalties must include notice of an ordinance violation and an opportunity to be heard by a neutral party, prior to imposition of a civil penalty.  Any civil monetary penalty amount must be imposed equitably, taking into consideration the nature and seriousness of the offense and the financial circumstances of the individual or entity, and, excluding restitution, must not exceed twice the maximum fine amount authorized for misdemeanor offenses for violation of the City Code. The district court has jurisdiction to enforce any order to pay a civil monetary penalty imposed under this section.

 

 

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