HomeMy WebLinkAboutCc208 208
AN ORDINANCE ESTABLISHING CHAPTER 208 PROVIDED FOR SYSTEMS AND
PROCEDURES FOR THE PROCESSING OF ALLEGATIONS OF VIOLATIONS
REGARDING CITY - ISSUED LICENSES AND PERMITS AND PROVIDING CIVIL
REMEDIAL SANCTIONS FOR VIOLATIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS DOES HEREBY ORDAIN
AS FOLLOWS:
208.010 Findings and Purpose.
A. The City of Oak Park Heights regulates many types of activities. For
many of these activities, the City issues licenses or permits. Licenses or
permits are issued for those activities which have the most profound effect
(or potential effect) upon the health, safety, and welfare of the citizens.
For example, licenses and permits are issued for bars and retail liquor
establishments, junkyards, the sale of cigarettes, the operation of mining
pits, and other special uses of property which require the City Council to
be particularly aware of the activities being conducted.
B. From time to time, the City is also called upon to determine if the holder
of a license or a permit has violated the terms of that license or permit.
Similarly, there are sometimes allegation s that the license or permit
holder has violated a statute, ordinance, or rule which also regulates the
proper operation of that activity.
C. Current City Ordinances do not adequately establish a uniform procedure
for the City to determine if a violation has occurred. Ordinances also do
not adequately delineate what remedies are available to the City to insure
that licenses and permits are properly followed in the future so as to
adequately protect the health, safety, and welfare of the City's residents.
D. This Ordinance is designed to establish a uniform method of determining
whether or not violations have occurred. It is the intent of the City
Council to establish a system which would provide fair and adequate
notice to the permit /license holder of the alleged violation and a hearing
before the City Council. The possible penalties which are provided for are
designed to protect the public from future violations. Specifically, the
sanctions should deter a violator from engaging in future violations and
should serve as a warning to other individuals engaged in the same types
of activities that the City Council will respond appropriately to proven
violations.
208.020 Licenses and Permits.
1
The terms of this Ordinance shall apply to all license and permit (of any kind)
issued by the City of Oak Park Heights.
208.030 Hearing Reauirements.
A. All hearings are envisioned within this Ordinance shall take place before
the City Council at the City Council Chambers or such other place as is
convenient and proper, given the nature of the matter under consideration.
B. Non of the civil sanctions authorized herein shall be imposed by the City
Council until the license /permit holder has been given an opportunity for a
hearing before the City Council.
C. Hearings shall be conducted in accordance with the provisions found
within Minnesota's Administrative Procedure Act (M. S. §14.57 to
§ 14.69).
D. This Ordinance does not require the City of Oak Park Heights to conduct
its hearing before an employee of the Office of Administrative Hearings.
Rather, it is intended that hearings will take place before the City Council.
208.040 Civil Sanctions.
If the City Council finds that a license or permit holder has failed to comply with
their licence or permit, or has failed to comply with any applicable statute, rule, or
ordinance related to the operation of the activity for which a license or permit has
been granted by the City, then the City Council may revoke the license or permit,
suspend the license or permit for a period of up to sixty (60) days. The City
Council may also impose a civil penalty of up to One Thousand Dollars
($1,000.00) for each violation, or imprisionment in a City or County jail for a
period of up to ninety (90) days, or both, and the costs of prosecution may be
added.
208.050 Pavment of Fines.
A. If the Council imposes a civil fine, the Council shall also allow the
license /permit holder a reasonable time to pay the fine. A "reasonable
time to pay" means that all fines shall be paid within sixty (60) days
unless the Council determines that a longer period of time is justified
under the circumstances of the case.
B. Failure of a license /permit holder to pay a fine within sixty (60) days (or
within the time otherwise allowed by the Council) shall cause that license
or permit to become immediately suspended until full payment is received
by the City Clerk.
2
208.060 Revocation or Suspension.
Any license /permit holder who has had their license or permit suspended or
revoked pursuant to any of the terms of this Ordinance shall not be allowed to
operate the activity which required the license or permit until the license of permit
is reinstated. Any operation during a period of suspension or revocation shall be
deemed to be an additional violation of the terms of the permit or license.
208.070 Constitutionalitv.
If any portion of this Ordinance is, for any reason, held invalid or
unconstitutional, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not affect the validity of the
remaining portions thereof.
3