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030309 Planning 1. CALL TO ORDER 2. ROLL CALL 2.1 Kathi Hemken PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Tuesday, March 3, 2009 7:00 p.m. 3. CONSENT BUSINESS 4. PUBLIC HEARING Discussion regarding Crystal's 2030 Comprehensive Plan city of New Hope, petitioner An ordinance amending Chapter 2 of the New Hope City Code by establishing an Administrative Fines Enforcement Program and an ordinance amending Chapter 3 of the New Hope City Code by establishing regulations to secure vacant buildings, city of New Hope, petitioner 5. COMMITTEE REPORTS 4.1 PC09-01 4.2 PC09-02 5.1 Report of Design and Review Committee - next meeting March 19, 7:30 a.m. 5.2 Report of Codes and Standards Committee 6. OLD BUSINESS 7. NEW BUSINESS 6.1 Miscellaneous Issues 7.1 Election of Officers 7.2 Review/Approval of Planning Commission Minutes of December 2, 2008 8. ANNOUNCEMENTS 9. ADJOURNMENT Planning Commission Guidelines for Public Input The Planning Commission is an advisory body, created to advise the City Council on land use. The Planning Commission will recommend Council approval or denial of a land use proposal based upon the Planning Commission's determination of whether the proposed use is permitted under the Zoning Code and the Comprehensive Plan, and whether the proposed use will, or will not, adversely affect the surrounding neighborhood. The Planning Commission holds informal public hearings on land use proposals to enable you to learn, first-hand, what such proposals are, and to permit you to ask questions and offer comments. Your questions and comments become part of the record and will be used by the Council, along with the Planning Commission's recommendation, in reaching its decision. To aid in your understanding and to facilitate your comments and questions, the Planning Commission will utilize the following procedure: 1. The Planning Commission Chair will introduce the proposal. 2. City staff will outline the proposal and staff's recommendations and answer any questions from the Planning Commission. 3. The petitioner is invited to describe the proposal, make comments on the staff report, and answer questions from the Planning Commission. 4. The chair will open the public hearing, asking first for those who wish to speak to so indicate by raising their hands. The chair may set a time limit for individual questions/comments if a large number of persons have indicated a desire to speak. Spokespersons for groups will have a longer period of time for questions/comments. 5. When recognized by the chair, the person wishing to speak is asked to come forward and to give their full name and address clearly. Remember, your questions/comments are for the record. 6. Direct your questions/comments to the chair. The chair will determine who will answer your questions. 7. Noone will be given the opportunity to speak a second time until everyone has had the opportunity to speak initially. Please limit your second presentation to new information, not rebuttal. 8. At the close of the public hearing, the Planning Commission will discuss the proposal and take appropriate action. A. If the Planning Commission recommends that the City Council approve or deny a request, the planning case will be placed on the City Council agenda for the next regular meeting. Usually this meeting is within one to two weeks of the Planning Commission meeting. B. If the Planning Commission tables the request, the petitioner will be asked to return for the next Commission meeting. PLANNING CASE REPORT City of New Hope Meeting Date: Report Date: March 3, 2009 February 26, 2009 Planning Case: Petitioner: 09-01 Request: City of New Hope Crystal Comprehensive Plan Update I. Request The city of Crystal has forwarded a proposed comprehensive plan update to the city of New Hope for review and comment. The 2008 Crystal Comprehensive Plan will serve as the major planning document for the city of Crystal through 2030. This plan is an update of the 1998 Comprehensive Plan and is being updated as required by state law. In accordance with the Metropolitan Council's guidelines for reviewing local comprehensive plan updates, the Metropolitan Council requires adjacent cities and jurisdictions which may be potentially affected by the proposed update be notified. The purpose of this notification is to provide potentially affected communities the opportunity to review and comment on the effects of the proposed update. Comments received will be considered by the Metropolitan Council as advisory. The city has reviewed similar plan updates for adjoining communities in the past. City staff has conducted a brief review of the proposed update. It is staff's opinion that the proposed update will likely have no significant impact on New Hope. The only comment staff recommends is in regards to the proposed Bassett Creek Regional Trail, which will connect French and Theo Wirth parks via Plymouth, New Hope, Crystal and Golden Valley. New Hope and Three Rivers Park District intend the trail to cross Highway 169 at 36th A venue, turn south at Boone A venue to 32nd A venue where the trail will turn to the east. Crystal has suggested the trail should continue east along 36th A venue into Crystal. This is problematic as both New Hope and Three Rivers Park agree that continuing the trail along 36th Avenue could be a safety issue as 36th Avenue has numerous driveways. A complete copy of the update received from the city of Crystal is available online at www.ci.crystal.rrm.usif you would like to review it. City staff is requesting that the Planning Commission review and offer comment on Crystal's comprehensive plan update. The comments will then be forwarded to the City Council for consideration. Once the City Council considers the update, any comments will be forwarded on to the Metropolitan Council and the city of Crystal. The attached resolution includes draft comments on the plan from staff and may be amended, pending comments and input from the Planning Commission. II. Recommendation As an adjacent city, New Hope received the proposed comprehensive plan update from the city of Crystal as a formality. Staff recommends that no comments, changes or actions are required on the city's behalf with respect to the proposed plan amendment, but does request that the city of Crystal strongly consider the recommendations made regarding the Bassett Creek Regional Trail route. City of New Hope Planning Commission Resolution No. 09-01 Resolution regarding comments on city of Crystal Comprehensive Plan update Be it resolved by the Planning Commission of the city of New Hope as follows: Procedural Background WHEREAS, the Crystal City Council granted preliminary approval to the 2008 update of the Comprehensive Plan for the city and authorized submission of the Plan to the Metropolitan Council and adjacent communities; and WHEREAS, the proposed update will update the city of Crystal Comprehensive Plan through the year 2030; and WHEREAS, adjacent communities and governmental units have the opportunity to comment on the amendment and comments will be considered by the Metropolitan Council as advisory; and WHEREAS, due to Crystal's proximity to New Hope, the city of Crystal has provided a copy of the update to the city of New Hope for review and comment related to any potential impacts to the city; and WHEREAS, the city of New Hope desires to submit comments on the update and said comments are contained within this resolution; and WHEREAS, New Hope city staff has reviewed the update and formulated comments regarding the update, and these comments were reviewed by the full New Hope Planning Commission at its regularly scheduled meeting on March 3, 2009. Comments on UpdatelFindings of Fact Whereas, based on the procedural background referenced herein, the New Hope Plcuming Commission hereby makes the following comments on the amendment/findings of fact in connection with the proposed city of Crystal Comprehensive Plan update: 1. Regional Trails The proposed Bassett Creek Regional Trail \vill COlmect French and Theo Wirth parks through Plymouth, New Hope, Crystal and Golden Valley. The city of New Hope and Three Rivers Park District intend the trail to cross Highway 169 at 36th Avenue, turn south at Boone Avenue to 32nd Avenue where the trail will turn to the east. Crystal has suggested the trail should continue east along 36th Avenue into Crystal. This is problematic as both New Hope and Three Rivers Park agree that continuing the trail along 36th Avenue could be a safety issue as 36th Avenue has numerous driveways. The city of New Hope recommends the Crystal Comprehensive Plan be revised to show the trail along 32nd Avenue. Conclusion The Crystal Comprehensive Plan presents no major concerns to New Hope. Recommendation WHEREAS, the city of New Hope will submit these comments to the city of Crystal and the Metropolitan Council. NOW, therefore, be it resolved, by the Planning Commission of the city of New Hope, Minnesota, that the Planning Commission recommends the City Council of New Hope approve the update to the Crystal Comprehensive Plan with the comments outlined in this resolution. Adopted by the Planning Commission of the city of New Hope, Hennepin County, this 3rdday of March, 2009. Chair Kirk McDonald, City Manager PLANNING CASE REPORT City of New Hope Meeting Date: Report Date: March 3, 2009 February 26, 2009 Planning Case: Petitioner: 09-02 Request: City of New Hope An ordinance amending Chapter 2 of the New Hope City Code by establishing an Administrative Fines Enforcement Program and an ordinance amending Chapter 3 of the New Hope City Code by establishing regulations to secure vacant buildings I. Request City staff requests that the Planning Commission recommend approval of the attached ordinances creating an Administrative Fines Enforcement Program and Administrative Warrants. II. Zoning Code References Sections 2-60 and 3-34 III. Property Specifications City-wide IV. Background City staff and the Planning Commission have discussed options for ordinance amendments to establish administrative citations and administrative warrants programs as a result of increased state surcharges and increased home foreclosures and vacancies, respectively. Administrative Citations In recent years many cities have adopted the practice of issuing fines/citations administratively rather than through the state. The benefits include more oversight on code complicu1ce, increased revenue, lower citation fees for violators, and reduced court costs. Cities have enacted administrative citations for code/building violations and lo"Vv-Ievel traffic violations. Due to pressure from the offices of the State Attorney General and State Auditor, the city of New Hope will not adopt administrative citations for 100'v-Ievel traffic violations. City staff and the city attorney have prepared the program to be similar to that of Crystal, which adopted administrative citations years ago and has had much success. The staff at the city of Crystal highly recommends the program. Please see the attached email correspondence regarding costs and administration of the Crystal program. In 2008, Crystal issued 537 citations for a variety of property issues. Eleven of those citations were appealed and went to an administrative hearing. Crystal has on hand approximately half a dozen administrative hearing officers to select from for hearings. Hearing officers are paid $100 per case plus mileage. If a case is scheduled but the alleged violator does not show up, the officer is paid $50 per case Planning Case Report 09-02 Page 1 3/3/09 plus mileage. In regards to 2008, the Director of Community Development for the city of Crystal said 11 administrative hearings in a year was a very high amount in comparison to previous years. This was mostly due to irregularities in staff procedures in which one inspector encouraged residents to appeal. Even with 11 cases, Crystal would have ended the year with a program revenue surplus of at least $20,000 (537 citations at $40 apiece minimum minus 11 cases at $100 apiece). Staff expects New Hope to have a similar experience with the program and expects costs to be minimal. Please see the attached memos and correspondence for more information. Administrative Warrants/Securing of Vacant Buildings Rising foreclosures and home vacancies has lead to problems including bursting pipes and flooded basements, mold, trash, drug production, ice, squatters, and general deterioration of homes in New Hope and across the nation. There have been, and will continue to be, circumstances where vacant homes pose a threat to the life and safety of the community requiring immediate action. Currently, state statute permits the Council to authorize proper securing of vacant homes. However, due to the schedule of Council meetings, this is not an efficient manner of handling pressing issues. The attached ordinance would give the Council the authority to authorize the city manager the right to order the securing of vacant buildings, including shutting off utilities and locking of windows and doors. Please see the attached memos and correspondence for more information. Codes and Standards The Codes and Standards Committee met on February 11, 2009, and recommended approval of both ordinances. V. Recommendation Staff requests that the Planning Commission review and discuss the administrative citations and administrative warrants proposals. Staff recommends approval. Attachments CIl February 26, 2009, city attorney memo 1Il Ordinance - Administrative Fines Enforcement Program CIl Administrative Enforcement Mcumal CIl Email correspondence witl1 Crystal staff CIl February 6, 2009, city attorney memo CIl Ordinance - Securing Vacant Buildings Planning Case Report 09-02 Page 2 3/3/09 TUCKER J. HUMMEL GORDON L. JENSEN' MELANIE P. PERSELUN'" STEPHEN M. RINGQillST' STEVEN A. SONDRALL IReal Property Law Specialist Certified By The Minnesota State Bar Association :Licensed in Illinois/Colorado 'Qualified Neutral Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193 e-mail law@jspattorneys.com Writer's Direct Dial No.: (763) 201-0211 e-mail sas@jspattorneys.com February 26, 2009 Curtis Jacobsen Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Proposed Ordinance Establishing Administrative Fines Enforcement Program Our File No.: 99-10062 Dear Curtis: Please find enclosed for consideration at the March 3, 2009 Planning Commission meeting a proposed ordinance establishing the Administrative Fines Enforcement Program we discussed at the last Codes and Standards meeting. As we discussed at Codes and Standards, the enclosed ordinance is patterned after Crystal's program. The highlights of the ordinance are as follows: 1. section (b) sets out the purpose of the program. It is intended to decriminalize code violations and provide a speedy resolution to code violations which generally do not occur in a criminal court proceeding. It makes the process informal, less intimidating for New Hope residents and hopefully revenue generating for the City. 2. section (c) deals with general provisions. Tobacco and a1cohollicense violations are exempt from this new program since administrative sanctions for these license violations are already covered by other code sections. This section also requires the City Council to set a fine schedule by resolution. As we discussed at Codes and Standards, most City Code violations could probably be categorized as Level One offenses with a $50.00 fine. We could specify certain code violations as Level Two offenses with a $100.00 fme. Staff will need to sit down and determine which code violations should be categorized as Level Two offenses subject to this higher fine amount. In other words, outdoor storage or recreational vehicle parking violations would probably be Level One violations but certain business license violations or animal at large violations may be Level Two offenses. Level Three violations would carry a $150.00 fine and be violations of City Code committed in such a manner that the violation endangered life or property or involved critical unsafe conditions. This would allow for some discretion in imposing a fine for egregious conduct by the perpetrator. 3. section (d) establishes the procedure for issuing administrative citations. It requires a warning notice and a 10 day period to correct the violation before a citation is issued. It also establishes the notice procedure to issue the citation if the violation is not corrected and it requires payment of the violation or a request for a hearing within 7 February 26, 2009 Page 2 days after the citation is issued. 4. section (e) establishes the administrative hearing process if the citation is contested. The city council will need to establish a list of qualified hearing officers that cannot be City employees or affiliated with the City. It is my understanding Crystal has established a list of 6-7 private attorneys in the area to be hearing officer. Hearings should be conducted within 30 days from the request for a hearing. They will be informal proceedings with relaxed rules of evidence. A written decision must be issued within 10 days from the date of the hearing and the hearing officer has the authority to determine if a violation occurred or if the citation should be dismissed. 5. sections (f) and (g) provide for a right of appeal if the violator disagrees with the hearing officers decision. Basically, the review will be an Administrative review before the City Council. This will be a review on the record but the violator and City staff will be allowed to present oral or written arguments concerning the hearing officer's decision. The Council's administrative review should not allow for additional testimony or submission of additional evidence not presented to the hearing officer at the initial hearing. I don't anticipate any judicial reviews under this program. 6. section (h) establishes the civil penalties system if the citation is not contested or upheld by the hearing officer. If the violation involves real property, the fine can become a certifiable lien collectable with property taxes. If the violation doesn't involve real property, the fine will be a personal obligation of the violator. This section also provides for late fees if the fme is not paid in a timely manner. Failure to pay fines will subject license holders to the suspension or revocation of their licenses for non-payment. 7. section (i) makes the failure to pay a fine a criminal misdemeanor offense. Also, failure to appear at an administrative hearing is a criminal misdemeanor offense. Please provide this letter and the enclosed ordinance to the Planning Commission at the March 2nd meeting along with my previously provided February 5, 2009 Memorandum and the other information we provided to Codes and Standards. After you have had a chance to review the ordinance, please contact me with any requested changes or questions you may have about the ordinance or this letter. Very truly yours, Steven A. Sondrall Enclosure(s) cc: Eric Weiss P:\A.ttomey\SAS\l Client Files\2 City of New Hope\99-10062(udrnin. fines)\ltr C. Jacobsen re proposed ordinance.doc ORDINANCE NO. 2009- AN ORDINANCE AMENDING CHAPTER 2 OF THE NEW HOPE CITY CODE BY ESTABLISHING AN ADMINISTRATIVE FINES ENFORCEMENT PROGRAM The City Council of the City of New Hope ordains: Section I. Section 2-60 "Administrative Fines Enforcement Program" of the New Hope City Code is hereby added to read as follows: Sec. 2-60. Administrative Fines Enforcement Program (a) Administrative citations and civil penalties. Sections 2-60(d) through 2-60(i) shall govern administrative citations and civil penalties for violations of this code. (b) Purpose. The City Council fmds that there is a need for alternative methods of enforcing the city code. While criminal fmes and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the city and the accused. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as being important. Accordingly, the city council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy that may be pursued for city code violations. ( c) General provisions. I. Administrative offense. A violation of any provision of the city code is an administrative offense that may be subject to CUl administrative citation and civil penalties. Each day a violation exists constitutes a separate offense. 2. Exemption. Alcohol and tobacco license violations are not subj ect to administrative citation under section 2-60 of this code. See New Hope Code sections 8-7(f) and 10- 82 for administrative sanctions relating to tobacco and alcohol license violations. 3. Civil penalty. An administrative offense may be subj ect to a civil fine not to exceed the maximum fine for a misdemeanor violation under state law. 4. Schedule of fines and fees. The City Council shall adopt by resolution a schedule of fines for offenses initiated by administrative citation. The city council is not bound by that schedule when a matter is appealed to it for administrative review under section -l- 2-60(g) of this code. The City Council may adopt a schedule of fees to be paid to administrative hearing officers. (d) Administrative citation procedures. l. Administrative notice. a. Upon the first violation, the city will issue an administrative notice to the violator. The city will deliver the administrative notice to the violator in person or by regular mail. The violator will have ten calendar days to correct the violation after issuance of the administrative notice. b. If the violator is making a good faith attempt to remedy the violation, the city may grant an extension, the length of which must be agreed upon in writing between the city and the violator. 2. Administrative citation. If the violator fails to correct the violation within the time period provided in the Administrative Notice, the city may issue an administrative citation. The city must issue the citation to the violator in person or by certified and regular mail. In the case of a vehicular offense, the citation may be attached to the motor vehicle. The citation must state the date, time, and nature of the offense, the name of the issuing officer, the amount of the scheduled fme, and the manner for paying the fine or appealing the citation. 3. Payment. The violator must either pay the scheduled fine or request a hearing within seven days after issuance ofthe citation. Penalties for failure to correct the violation or late payment ofthe fme maybe imposed as set forth in section 2-60(h)(4) ofthis code. The city may issue a second citation or take other legal action to achieve compliance with the ordinances. ( e) Administrative hearing. 1. Hearing officers. The City Council will periodically approve a list of qualified individuals, from which the city clerk will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The hearing officer will be a public officer as defined by Minn. Stat. 9609.415. The hearing officer must not be a city employee. The city clerk must establish a procedure for evaluating the competency ofthe hearing officers, including comments from accused violators and city staff. These rep01is must be provided to the City Council. 2. Removal of hearing officer. No later than five days before the date ofthe hearing, the violator may make a written request that the assigned hearing officer be removed from the case. The city clerk will automatically grant one request for removal. A -2- subsequent request must be directed to the assigned hearing officer who will decide whether they can fairly and objectively review the case. If the hearing officer determines they cannot fairly and objectively review the case, the hearing officer shall notify the city clerk in writing at least one day before the scheduled hearing date. The city clerk will then assign another hearing officer. 3. Notice of hearing. Within 30 days of the request for a hearing, the city clerk will schedule the hearing and will notify the violator and involved city staff ofthe date, time and place for the hearing. Parties are expected to be available at the hearing for a minimum of two hours. Notice ofthe hearing must be mailed to the violator and the hearing officer at least ten days in advance ofthe scheduled hearing, unless a shorter time is accepted by all parties. The notice must contain the names of the parties, the identity of the hearing officer, the location of the alleged violation and the type of violation alleged. 4. Continuance. A request for a continuance must be made to the city clerk at least five days prior to the scheduled hearing date. The city clerk may grant a continuance at the request of the violator or the city staffmember only for good cause shown and for no more than ten days from the originally assigned date. 5. File transmittal. a. Upon receipt of any request for a hearing, the city clerk's office will compile a summary report detailing the facts in support of any determination that the offense constitutes a violation. The summary report will include the following information: 1. copy of the citation issued; ii. copy of the Administrative Notice, which preceded the citation; iii. copy of any case history in the issuing employee's department; iv. photographs and/or videotape of property where available; v. proof of mailing and/or posting of notice on the property if the citation was not personally served on the violator. b. The file must be ready for the hearing officer to pick up on the business day preceding the scheduled hearing. 6. Presentation of case. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must tape record the hearing and receive testimony and exhibits. The hearing officer must receive and give weight to evidence, including hearsay evidence that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. -3- 7. Decision. a. The hearing officer must issue a written decision containing findings of fact, conclusions of law and an order. The decision will be mailed to the parties within ten days after the hearing. The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: i. duration of the violation; ii. frequency of reoccurrence of the violation; iii. seriousness of the violation; iv. history of the violation; v. violator's conduct after issuance of the administrative notice and citation; vi. violator's conduct after issuance of the notice of hearing; vii. good faith effort by the violator to comply; viii. impact of the violation upon the community; ix. prior record of city code violations; and x. any other factors appropriate to a just result. b. The hearing officer may not impose a fine greater than the established fine, except that the hearing officer may impose a fine for each week that the violation continues if: (i) the violation caused or is causing a serious threat of harm to the public health, safety, or welfare or (ii) the violator intentionally and unreasonably refused or refuses to comply with the code requirement. 8. Right of Appeal. Except as provided in sections 2-60(f) and (g) of this code, the decision of the hearing officer is final without any further right of appeal. 9. Failure to appear. The failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause" are: death in the immediate family or documented incapacitating illness of the violator; a court order requiring the violator to appear for another hearing at the same time; and lack of proper service ofthe citation or notice of the hearing. "Good cause" does not include: forgetfulness; lack of transportation or child care; and intentional delay. -4- (f) Judicial review. An aggrieved party may obtain j udicial review of the decision of the hearing officer or the City Council as provided in state law. (g) Administrative review. 1. Appeal. A violator may appeal the hearing officer's decision in any ofthe following matters to the City Council for administrative review: a. an alleged failure to obtain a permit, license or other approval from the City Council as required by this code, county ordinance or state law; b. an alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval, that was granted by the City Council; or . c. an alleged violation of regulations governing a person or entity who has received a license granted by the City Council. 2. Notice. The appeal under this section will be heard by the City Council. Notice of the hearing must be delivered to the alleged violator or property owner and involved city staff, in person or by mail at least ten days in advance of the hearing. The parties to the hearing will have an opportunity to present oral or written arguments regarding the hearing officer's decision. 3. Decisions. The City Council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The City Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing. 4. Suspension or revocation. In addition to imposing a civil penalty, the Council may suspend or revoke a city-issued license, permit, or other approval associated with the violation. (h) Recovery of civil penalties. l. Non-payment. If a civil penalty is not paid \vithin the time specified, it will constitute: a. a lien on the real property upon which the violation occurred ifthe property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or b. a personal obligation of the violator in all other situations. -5- 2. Lien. A lien may be assessed against the property and collected in the same manner as taxes. 3. Personal obligation. A personal obligation may be collected by appropriate legal means. 4. Late fees/charges. a. If after seven days the fine has not been paid or a hearing requested, the fine will increase by 10% for each seven days thereafter for one month. After four weeks and four late fee charges have been added to the original fIne, the total bill will be assessed to the property taxes and all city licenses will be revoked. For continued violations, the city will correct the violation and assess the charges for doing so onto the property taxes or criminal charges may be filed. b. If the same property and property owner are charged with a subsequent violation within a 12-month period for the same, or substantially similar offense, the fme will be increased by 25%. After a third infraction in a 12- month period, the fine will increase by 50%, and after a fourth infraction by 100%. 5. License revocation or suspension. Failure to pay a fine is grounds for suspending or revoking a license related to the violation. (i) Criminal penalties. 1. The following are misdemeanors, punishable in accordance with state law: a. Failure, without good cause, to pay a fIne or request a hearing within 30 days after issuance of an administrative citation; b. Failure, without good cause, to appear at a hearing that was scheduled under section 2-60( e) of this code; c. Failure to pay a fme imposed by a hearing offIcer within 30 days after it was imposed, or such other time as may be established by the hearing offIcer. 2. If the fInal adjudication in the administrative penalty procedure is a finding of no violation, then the city may not prosecute a criminal violation in distlict court based on the same set of facts. This does not preclude the city from pursuing a criminal -6- conviction for a violation ofthe same provisions based on a different set of facts. A different date of violation will constitute a different set of facts. Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day 2009. Kathi Hemken, Mayor Attest: Valene Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of ,2009.) -7- Administrative Fines Enforcement Program Manual City of New Hope Community Development 4401 Xylon Avenue North New Hope, MN 55428 Telephone: 763-531-5110 FAX: 763-531-5136 www.ci.new-hope.llm.us INTRODUCTION The city of New Hope Administrative Fines Enforcement Program was adopted by ordinance in April of 2009. It is intended to be more informal, less intimidating and more effective for alleged violators than going through the Hennepin County Court System. Administrative enforcement of city ordinances starts when a city inspector writes an Administrative Notice to the property owner where the violation exists. The notice includes information regarding the type of violation, the location of the violation, the correction required and the compliance date for the correction. This handbook explains, in common terms, the processes that take place after the citation has been issued. To see the ordinance itself, request a copy from the city clerk for a small charge, view a copy of the ordinances at New Hope City Hall or go to the city's official website at www.ci.new-hope.mn.us. THE ADMINISTRATIVE CITATION When you fail to correct a code violation within ten (10) days after an Administrative Notice is sent, an Administrative Citation will be issued to you either in person or by certified mail. You have seven (7) days to respond to the citation and may either: 1. pay the scheduled fine and correct the violation; OR 2. request an Administrative Hearing; OR 3. proceed through the Hennepin County Court System process. OPTION #1 - PAY THE FINE AND CORRECT THE VIOLATIONS By paying the fine, you admit you violated city ordinance. Pay the fine in one of the following three (3) manners: 1. Fines may be paid in person at New Hope City Hall by cash, check, money order or credit card (Visa, MasterCard and Discover). 2. Fines may be sent in the mail and paid by check or money order, payable to the City of New Hope for the correct amount. Do not send cash in the mail. Include the citation copy of the citation. Payments can be sent to the following address: City of New Hope Community Development 4401 Xylon Avenue North New Hope, MN 55428 Fines may be dropped off in the payment box located in the parking lot by the entrance to New Hope City Hall and paid by check or money order, payable to the City of New Hope for the correct amount. Do not put cash in the drop box. Include the citation copy of the citation. ALL PAYMENTS MUST BE ACCOMPANIED BY THE CITATION COPY OF THE CITATION. Failure to Pay a Fine If the city of New Hope does not receive payment of the fine or a request for an Administrative Hearing within seven (7) days after the citation was issued, the scheduled fine will increase by 10% for each seven-day period the payment is not received. Up to four (4) late fees may be applied to the original citation. If the payment is not received within the four- week time period, the accrued late fees will be added to the original fine. At this time the city will send an invoice for the total amount unpaid. If unpaid, the total bill will be certified to your property taxes and all city licenses will be revoked. Failure to Correct Violations When a violation continues, the city may: 1. Issue a second administrative citation; 2. Correct the violations and certify the charges for doing so onto the property taxes; 3. File criminal charges; OR 4. Take other action to require compliance with city ordinances. Repeat Violations within 12 Months If the same property and property owner are charged with a subsequent violation within a 12-month period for the same, or substantially similar offense, the fine is increased by 25%. After a third infraction in 12 months, the fine increases by 50%. And after a fourth infraction the fine doubles. OPTION #2 - REOUEST AN ADMINISTRATIVE HEARING You may request an Administrative Hearing if you believe that you did not violate an ordinance or if you want to refute the citation. All Administrative Hearings are held before an independent hearing officer who is not a city employee and has no other connection with the city other than to serve as a hearing officer. When a hearing is requested, the city clerk randomly selects an officer from the list of hearing officers approved by the City Council. To request a hearing, you must file a written request in person at the New Hope City Hall either with the city clerk or customer service representative. The City Clerk's Office will work to accommodate the schedules of all involved parties and will notify you by mail of the date, time and location of the hearing. The notice will contain the names of the parties, the identity of the hearing officer, the location of the alleged violation and the type of violation alleged. You will receive the notification by mail at least ten (10) days in advance of the scheduled hearing unless a shorter time is accepted by all parties. Expect to be available for two (2) hours to attend the Administrative Hearing. You may provide the City Clerk's Office with a case file containing a summary report, photographs, written testimonies or any other written, audio or visual material you would like the hearing officer to review before the hearing. You must bring it to New Hope City Hall two (2) days, 48 hours, before the scheduled hearing start time. You may not contact the hearing officer before the hearing to discuss the case. Direct all questions to the City Clerk's Office at 763-531-5117. Request to Change Hearing Officers If you have an objection to the hearing officer assigned to your case, you may file a written request with the city clerk to have the officer changed. The request must be made no later than five (5) days before the hearing. A reason is not required and your first request will automatically be granted. Any subsequent request for a new hearing officer is referred to the officer assigned, who will determine if he or she can fairly and objectively review the case. If the request is granted, the City Clerk's Office will assign a different officer and notify you of a new date and time for the hearing. If the request is not granted, the hearing will go forward as scheduled. The officer's decision may be mailed to you or provided to you on the scheduled date of the hearing. Request to Change Hearing Date A request for a continuance of the case must be made to the city clerk at least five (5) days prior to the scheduled hearing date. The City Clerk's Office may grant a continuance if good cause is shown, but for no more than ten (10) days from the originally scheduled date. Failure to Appear By failing to appear for a scheduled hearing, you are admitting the charge against you and waiving any right to an Administrative Hearing. The hearing officer may impose a penalty in your absence. If city representatives fail to appear, the charge will be dismissed. If you have a good reason for missing the hearing, contact the city clerk in writing within one (1) day after the scheduled hearing. The assigned hearing officer will be asked to decide whether there was good cause for your absence. Examples of good cause include: death in the immediate family, documented incapacitating illness of the violator, a court order requiring the violator to appear for another hearing or lack of proper notification of the hearing. Good cause does not include: forgetfulness, lack of transportation or lack of child care. Hearing Procedures The hearing proceedings are informal and strict rules of evidence will not apply. All hearings are recorded. Each party will have the opportunity to present testimony and question witnesses. The city bears the burden of providing a violation and will present testimony first. You will have the opportunity to question the city's witnesses. You also may wish to testify yourself and/or present witnesses, but are not obligated to do so. All witnesses will be sworn to tell the truth. The hearing officer will decide whether there will be opening and/or closing statements. Use of Attorneys In order to maintain informality, the use of attorneys is discouraged. The city will not be represented by an attorney at the hearing. If you wish to have an attorney present, he or she is allowed to advise you, but may not make any presentations. The Decision The hearing officer may decide the case immediately after testimony has finished. However, he or she may take time to make a decision. In either case, a written decision will be mailed to you within ten (10) days after the hearing. It will include findings of fact, conclusions of law and order. The hearing officer has the authority to: 1. determine a violation occurred; 2. dismiss citation; 3. impose the scheduled fine; AND/OR 4. reduce, stay or waive a scheduled fine, unconditionally or upon compliance with appropriate conditions. When deciding which action to take, the hearing officer may consider any or all of the following factors: 1. the duration of the violation; 2. the frequency of reoccurrence of the violation; 3. the seriousness of the violation; 4. the history of the violation; 5. the violator's conduct after issuance of the Administrative Notice and Citation; 6. the violator's conduct after issuance of the notice of hearing; 7. the good faith effort by the violator to comply; 8. the impact of the violation upon the community; 9. prior record of city code violations; 10. other factors appropriate to a just result. The hearing officer may not impose a fine greater than those established. The hearing officer may impose a fine for each week that the violation continues if: 1. the violation caused or is causing a serious threat of harm to public health, safety or welfare; OR 2. the violator intentionally and unreasonably refused or refuses to comply with the code requirements. Appeals The decision of the hearing officer is final without any further right of appeal, except in the following two (2) matters: 1. The decision may be appealed to the City Council if your case involved the following: a. a failure to obtain a permit, license or other approval from the City Council; b. a violation of a permit, license, other approval or the conditions attached, which is granted by the City Council; OR c. a violation of regulations governing a person who has received a licensed granted by the City Council. Your written request for appeal must be submitted to the city clerk within ten (10) days after the hearing officer's decision. You will be notified by mail at least ten (10) days in advance about which City Council meeting to attend. At the hearing you may present oral or written arguments regarding the hearing officer's decision. New witnesses or evidence are not allowed. The City Council will have the transcript of the hearing to review. The council has the authority to impose a civil penalty or revoke a city-issue license, permit or other approval associated with the violation. 2. In all cases, you may obtain judicial review of the hearing officer's or City Council's decision as provided in Minnesota state law. You should consult with a lawyer about how to proceed in this manner. OPTION #3 - PROCEED THROUGH THE HENNEPIN COUNTY COURT SYSTEM PROCESS The Administrative Citation process is completely voluntary. If you chose to do so, you can proceed through the county court system. Choosing to do so may include the following: 1. higher fine schedules as a result of state surcharges; AND/OR 2. criminal penalties SCHEDULE OF FINES General Rule All violations of city ordinances are Level One Violations, subject to a $40.00 penalty unless: 1. the violation is listed below as a Level Two Violation or Level Three Violation; 2. the enforcement office indicates that the offense should be increased to a Level Two Violation or Level Three Violation because it involves critical unsafe conditions or significantly endangers life or property. Level One Violation $50.00 The designation of a Level One Violation as a minor infraction, supported by the enforcement officer's written justification. A violation of ordinances including, but not limited to: · Failure to obtain required permit · Failure to obtain required rental registration permit · Failure to obtain Certificate of Property Maintenance · Unauthorized signs · Unlicensed, inoperable vehicles . Storing junk vehicles · Exterior storage · Home occupation · Interim erosion and sediment control · Improperly stored trash can · Weeds greater than 6 inches · Failure to remove graffiti · Display advertising on parked vehicle · Excess off-street parking Level Two Violation $100.00 The designation of a Level One Violation to a higher violation level/major infraction that involves critically unsafe conditions or significantly endangers life or property, supported by the enforcement officer's written justification. A violation of ordinances including, but not limited to: .. Vacated building .. Removal or disconnection of safety devices such as smoke or carbon monoxide detectors Level Three Violation $150.00 A violation conducted in such a manner that the violation is an immediate life and safety matter, supported by the enforcement officer's written justification. Repeat Violations within 12 Months A subsequent violation of the same or substantially similar offense results in an increase by 25% of the scheduled fine for the second infraction. A third infraction will increase the scheduled fine by 50% and a fourth infraction will double the scheduled fine. For example, a second occurrence of a Level One Violation would be $62.50, a tllird occurrence $75.00 and a fourth occurrence S100.00. Weiss Eric From: Sent: To: Subject: Patrick Peters (Patrick.Peters@cLcrystal.mn.us] Monday, February 23, 2009 9:28 AM Weiss Eric RE: Administrative Citations Categories: Adminitrative Citations Eric: 1) We love the program. 2) We do track our entire administrative enforcement process through PIMS (record Administrative Notices sent, citations sent, record of violation, etc.). 3) To recruit hearing officers, I advertised initially in Finance and Commerce. Since then, as the need to fill vacant spots has come up, I used a recruitment list I got from Bloomington, I think. Initially we did interviews, because we received about 15 letters of interest. Now, I just request a letter of interest and a curriculum vitae and go with my gut. We have had good luck thus far. We keep a list of 6 hearing officers that we rotate through. 4) 2008 was an unusual year in that we had more appeals than normal, by far. One of the reasons is that one of our inspectors was reluctant to enforce the code so he would tell folks just to appeal the citation. Hopefully we have that issue resolved. 5) If you have questions about tracking, contact our zoning administrator/code enforcement coordinator, Jason Zimmermann, at 531-1143. Best of luck. It's well worth the time to get it set up. p Patrick A. Peters, Director Community Development Department City of Crystal 4141 Douglas Dr N Crystal MN 55422-1696 763.531.1130 From: Weiss Eric [mailto:eweiss@cLnew-hope.mn.us] Sent: Monday, February 23, 2009 9:01 AM To: Patrick Peters Subject: FW: Administrative Citations Patrick, See my questions below. Any advice/thoughts on the program? Tha nks, Eric From: Janet Lewis [mailto:Janet.Lewis@ci.crystal.mn.us] Sent: Monday, February 23, 2009 8:44 AM To: Weiss Eric Subject: RE: Administrative Citations Hi Eric: Please see my answers below in bold. If you have additional questions, feel free to email or call. Janet 1 -----Original Message----- From: Weiss Eric [mailto:eweiss@ci.new-hope.mn.us] Sent: Friday, February 20, 2009 2:16 PM To: Janet Lewis Subject: Administrative Citations Janet, New Hope is studying adopting Administrative Citations. We've received general approval from the Council and it looks likely to pass. We plan on using Crystal's program since 1. it seems to be a great program and 2. we'd like to remain consistent with our neighbor. I've received some questions about the cost for administrative hearings. Maybe you can help. Did you do an RFP/RFQ for hearing officers? What type of response did you get? Please contact Patrick Peters for this information at (763) 531-1130 or patrick.peters@ci.crvstal.mn.us How much do you pay hearing officers per hour? Per case? Per case - $100 plus mileage. If the property owner requesting the hearing is a no-show, we pay the hearing officer $50 plus mileage. How many hearings do you have on average each year? In 2008 we had 11 hearings. Also, do you track the program through PIMS? Maybe that's a question for CD? I don't track the program through PIMS. Thanks! Have a great weekend. Eric Weiss Community Development Assistant City of New Hope 763-531-5196 Fax 763-531-5136 ~ Please consider the environment before printing this message. 2 JENSEN SO~1])RALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 . TELEFAX (763) 493-5193 e-mail law@jaspattorneys.com MEMORANDUM Date: February 26, 2009 To: I Curtis Jacobsen From: Steve Sondrall Re: Ordinance to Secure Vacant Buildings Attached please fmd a proposed ordinance for consideration by Codes and Standards relating to the need to secure vacant buildings. This ordinance has become necessary due to the foreclosure crisis that has hit many cities causing property owners to abandon residential properties they no longer can afford. This situation has resulted in vacated and abandoned properties generally being left unsecured, unheated and causing a public safety hazard for the City. The ordinance will allow the City to secure abandoned properties with short notice to eliminate the hazard and hopefully minimize continuing damage to the property. The City's authority to do this is Minn. Stat. 9463.251 a copy of which is also attached. MEMORANDUM - PAGE 1 ORDINANCE NO. 2009- AN ORDINANCE AMENDING CHAPTER 3 OF THE NEW HOPE CITY CODE BY ESTABLISHING REGULATIONS TO SECURE VACANT BUILDINGS The City Council of the City of New Hope ordains: Section l. Section 3-34 "Vacant Buildings" of the New Hope City Code is hereby added to read as follows: Sec. 3-34. Vacant Buildings (a) Purpose. The purpose of this Section, pursuant to the authority of Minn. Stat. g463.251, is to regulate vacant and hazardous dwellings and buildings in order to enhance the livability and preserve the tax base and property values of buildings within the City by assuring that vacant buildings that are capable of rehabilitation are adequately secured to prevent further dilapidation and those buildings that are not capable of rehabilitation are promptly demolished. (b) Findings. The City Council [mds, determines and declares that building which remain vacant and unoccupied for an unreasonable period of time become an attractive nuisance to children, a harborage for rodents, an invitation to derelicts, vagrants and criminals as a temporary abode and an increased fire hazard; that the owners of such buildings may permit the buildings to become dilapidated since the buildings are often economically obsolete and the owners of such buildings are unwilling to expend the necessary funds to secure the buildings; that such buildings contribute to the growth of blight within the City, depress market values of surrounding properties, require additional government services, constitute an unreasonable use and condition to the annoyance, discomfort and repose of a considerable number of the public, and thus may constitute a nuisance condition. Adequate protection of the public health, safety and welfare, therefore, requires the establishment and enforcement of the means by which such nuisance conditions may be abated. ( c) Securing Vacant Buildings. (1) Notice and order. In general, if any building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the City Manager or the Building Official or their designated representatives may order the building secured and shall cause notice of the order to be served upon the owner of the premises or the owner's agent, the taxpayer identified in the property tax records for the parcel, the holder of the mortgage or sheriff s certificate and any neighborhood association for the neighborhood in which the building is located that has requested notice. Such notice may be served personally or by mail. Service by mail is completed upon mailing a copy of the order to the parties designated herein, by first class mail, at their last known address. -1- (2) Securing building bv city; lien. If the owner fails to comply with or provide a reasonable plan and schedule to comply with the order within six (6) days after the order is served, the building shall be boarded up or otherwise properly secured. Whenever a building is boarded up pursuant to the authority ofthis Section, all openings to the building shall be boarded and secured. In securing the building, any reasonable action may be taken to insure that the gas, electric and water utilities serving the building are in an appropriate condition so as not to contribute any further damages to the property during the period that the building remains vacant and unoccupied. (3) Emergencies. When it is determined by the City Manager or the City Manager's designee that an emergency exists with respect to the health or safety of persons in the community, and an immediate boarding and securing of a building is required, and where danger will exist to children, transients or others or the building itself in the absence of an immediate boarding or securing of the building, the City Manager or the City Manager's designee may waive all requirements herein and immediately cause the building to be boarded or otherwise secured, provided that: a. The conditions showing the existence of an emergency are documented by the City Manager or the City Manager's designee, and b. Notice is mailed immediately by the City Manager or the City Manager's designee invoking this Section to the last known address of the owner of the premises or the owner's agent, the taxpayer identified in the property tax records for the parcel, the holder of the mortgage or sheriff s certificate and any neighborhood association for the neighborhood in which the building is located that has requested notice, of the date ofthe boarding or otherwise securing ofthe property and the reasons therefore. (d) Re-securing building. After a vacant or unoccupied building has been boarded or otherwise secured under this Section, should the owner fail to maintain the building in a secured condition until such time as it has been repaired and occupied, the City shall re-secure any openings into the building whenever it becomes open to trespass, without further notice to owner ofthe premises or the owner's agent, the taxpayer identified in the property tax records for the parcel, the holder of the mortgage or sheriff s certificate and any neighborhood association. ( e) Collection of costs. All costs incurred by the City for boarding or otherwise securing a building under this Section, including, but not limited to the actual costs for boarding, inspecting, posting, administration and monitoring the building shall be the responsibility of the owner. Payment of the costs incurred by he City shall be due within thirty (30) days of such notification. Upon default of payment after the thirty (30) day notification period, the costs shall be levied and collected as a special assessment against the property pursuant to the authority of Minn. Stat. ~463.21. -2- Section 2. Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day 2009. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope-Golden Valley Sun-Post the day of ,2009.) P:\A.ttomey\SAS\l Client Files\2 City of New Hope\99-40146\proposed ora - securing vacant buildings.doc .... -.)- Memorandum From: Planning Commission Curtis Jacobsen, Director of Community Development February 27, 2009 To: Date: Subj ect: Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on Council/EDA actions on Community Development related issues or other city projects. It is not required reading and is optional information provided for your review, at your discretion. 1. Tanuary 12 Council/EDA meeting - The following planning/development/housing items were discussed: 1Il PC08-11, Request for final plat approval for properly to be known as Ambassador Addition, 8100 Medicine Lake Road: Approved 2. January 26 Council/EDA meeting - The following planning/development/housing items were discussed: 1Il Resolution expressing appreciation to Kathi Hemken for her service on the New Hope Planning Commission: Approved, see attached Council request. 1Il Resolution releasing the bond for Hillside Terrace subdivision, Alan Chazin, developer: Approved, see attached Council request. CIl PC08-11, Resolution approving the PILOT agreement for Good Samaritan Society, Ambassador Nursing Home, 8100 Medicine Lake Road: Approved, see attached Council request. e Project #845, Motion authorizing preparation of a feasibility report for construction of infrastructure improvements for Winnetka Avenue: Authorized report, see attached Council request. 3. February 9 Council/EDA meeting - The following planning/development/housing items were discussed: CIl Project #795, Resolution terminating the Interim Agreement with Insignia Development for non-performance: Approved, see attached EDA request. 4. February 17 Council Work Session Items - The following planning/development/housing items were discussed: e Update regarding New Hope Community Farmers Market: See attached Council request. Miscellaneous Issues Page 1 2/27/09 Update regarding administrative citations and administrative warrants: Council directed staff to present the information to the Planning Commission for a recommendation. See attached Council request. 5. February 23 Council/EDA meeting - The following planning/development/housing items were discussed: · PC05-06, Resolution releasing Northwest Community Revitalization Corporations Letter of Credit for Sims Park: Approved, see attached Council request. . PC08-04, Resolution authorizing a reduction in the Letter of Credit/financial guarantee for CCL 4500 Ouebec Avenue: Approved, see attached Council request. . Resolution supporting 2009 Hennepin Countv Transit Oriented Development (TOD) grant application for potential transit study of City Center area: Approved, see attached Council request. Staff was directed to consider increasing grant amount and to delete reference within resolution. 6. Codes and Standards Committee - The Codes and Standards Committee met in February to discuss administrative citations, securing vacant buildings and administrative warrants. 7. Design and Review Committee The Design and Review Committee did not meet in January or February. Staff expects the YMCA will schedule a pre-application meeting to discuss a "splash deck" in front of the existing building. The committee will be notified if a meeting is necessary on March 19. 8. 2009 Planning Commission Officers - Nominations will be received and a Commission chair, vice-chair, and third officer will be elected at the March meeting. (separate packet of materials) 9. Planning Commission Minutes - The December 2 Planning Commission minutes are included for your review prior to the Planning Commission meeting. Please remember that all approved minutes are on the city's web site. 10. If you have any questions on any of these items, please feel free to contact city staff. Attachments: Final plat ambassador Addition Appreciation to Kathi Hemken Release bond for Hillside Terrace subdivision Good Samaritan-Ambassador re: PILOT agreement Winnetka A venue infrastructure improvements Insignia Development interim agreement New Hope Community Farmers Market Administrative citations Release letter of credit for NCRC Reduce letter of credit for CCI TOD grant 12/2/08 Planning Commission Minutes Miscellaneous Issues Page 2 2/27/09