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Administrative Citations
The Brainerd City Council has passed Ordinance 1524 changing Section 320 of the City Code, titled Administrative Citations. This process has been implemented as an alternative to the criminal court system for violations of an administrative nature since the system is overloaded and citizens will avoid being labeled as a criminal. A violation of the City Code is a misdemeanor and the Administrative Citation program will create an efficient and effective enforcement method in lieu of filing criminal charges.
After a violation has been noted by the City, the owner of the property may receive an "Order to Correct" letter, outlining the violation and compliance deadline, the part of the City Code addressing the violation and any other pertinent information. Failure to make the necessary corrections will result in an Administrative Citation.
The City will issue an Administrative Citation if the owner does not correct the violation by the deadline noted in the Order to Correct letter. The City is not required to issue an Order to Correct letter for repeat offenders, license violations, traffic or parking violations, certain animal violations and noise violations. The Administrative Citation orders the correction of the violation and carries a fine set from a schedule of fines passed by resolution by the City Council.
The owner has options after receiving a citation. The violation would be corrected and the fine paid by the deadline given in the letter, or the citation may be contested at a hearing.
The owner may contest the citation by requesting a hearing within 10 days of the date of the citation. The owner needs to understand that if he or she does request the hearing and does not prevail, the violation would still need to be corrected, fine paid, and would have to pay for the cost of the hearing.
At the hearing, the City representative would present the case and provide any proof and witnesses if necessary. The owner would then have opportunity to present testimony and question any witnesses either from the City or witnesses called by the owner. The hearing will be recorded and the Hearing Officer will receive and give weight to the testimony and evidence presented.
The Hearing Officer will issue a decision either right after the hearing or within 10 days of the hearing. The Hearing Officer has the authority to uphold or dismiss the violation, and to reduce, stay or waive the fine with or without conditions. The decision of the Hearing Officer is final and may only be appealed to the State Court of Appeals. The decision will be in writing and any fines if imposed must be paid no later than 30 days from the date of the decision.
The City will notify the owner of fines and charges due in writing. Unpaid fines including an administrative charge of $25 plus interest on the total balance will be assessed pursuant to Minnesota Statues Chapter 429, against the property of the owner charged with the violation. For uncorrected or continued violations, the City will correct the violation and assess the charges for doing so.
For more information on the citation or process, please contact the City Staff person listed on the citation form. Watch this site for any additional information in the future.
The Process
1st letter - Order to Correct
After a violation has been noted by the City, the owner of the property may receive an "Order to Correct" letter, outlining the violation and compliance deadline, the part of the City Code addressing the violation and any other pertinent information. Failure to make the necessary corrections will result in an Administrative Citation.
Administrative Citation
The City will issue an Administrative Citation if the owner does not correct the violation by the deadline noted in the Order to Correct letter. The City is not required to issue an Order to Correct letter for repeat offenders, license violations, traffic or parking violations, certain animal violations and noise violations. The Administrative Citation orders the correction of the violation and carries a fine set from a schedule of fines passed by resolution by the City Council.
Options
The owner has options after receiving a citation. The violation would be corrected and the fine paid by the deadline given in the letter, or the citation may be contested at a hearing.
Administrative Hearing Process
The owner may contest the citation by requesting a hearing within 10 days of the date of the citation. The owner needs to understand that if he or she does request the hearing and does not prevail, the violation would still need to be corrected, fine paid, and would have to pay for the cost of the hearing.
At the hearing, the City representative would present the case and provide any proof and witnesses if necessary. The owner would then have opportunity to present testimony and question any witnesses either from the City or witnesses called by the owner. The hearing will be recorded and the Hearing Officer will receive and give weight to the testimony and evidence presented.
The Hearing Officer will issue a decision either right after the hearing or within 10 days of the hearing. The Hearing Officer has the authority to uphold or dismiss the violation, and to reduce, stay or waive the fine with or without conditions. The decision of the Hearing Officer is final and may only be appealed to the State Court of Appeals. The decision will be in writing and any fines if imposed must be paid no later than 30 days from the date of the decision.
Fine Payment
The City will notify the owner of fines and charges due in writing. Unpaid fines including an administrative charge of $25 plus interest on the total balance will be assessed pursuant to Minnesota Statues Chapter 429, against the property of the owner charged with the violation. For uncorrected or continued violations, the City will correct the violation and assess the charges for doing so.
More Information
For more information on the citation or process, please contact the City Staff person listed on the citation form. Watch this site for any additional information in the future.
- Administrative Citations (PDF)
- Resolution 24:10 (PDF) - Resolution Establishing Fees and Penalties for Administrative Citations
- Information Sheet (PDF)