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1A, Community Enhancement Program
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12-21-09-WS
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1A, Community Enhancement Program
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3/29/2024 9:52:52 AM
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12/21/2009 4:17:39 PM
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Community Enhancement Program
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Community Enhancement Program
Date
12/21/2009
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North Oaks City Code <br />§ 10.98 SUPPLEMENTAL ADMINISTRATIVE PENALTIES. <br />(A) In addition to those administrative penalties established in this code and the <br />enforcement powers granted in § 10.20, the City Council is authorized to create by <br />resolution, adopted by a majority of the members of the Council, supplemental <br />administrative penalties. <br />(B) These administrative penalty procedures in this section are intended to provide the <br />public and the city with an informal, cost-effective, and expeditious alternative to <br />traditional criminal charges for violations of certain provisions of this code. The <br />procedures are intended to be voluntary on the part of those who have been charged with <br />those offenses. <br />(C) Administrative penalties for violations of various provisions of the code, other than <br />those penalties established in the code or in statutes that are adopted by reference, may be <br />established from time to time by resolution of a majority of the members of the City <br />Council. In order to be effective, an administrative penalty for a particular violation must <br />be established before the violation occurred. <br />(D) In the discretion of the peace officer, City Clerk, or other person giving notice of an <br />alleged violation of a provision of this code, in a written notice of an alleged violation, <br />sent by first-class mail to the person who is alleged to have violated the code, the person <br />giving notice may request the payment of a voluntary administrative penalty for the <br />violation directly to the City Treasurer within 14 days of the notice of the violation. In the <br />sole discretion of the person giving the notice of the alleged violation, the time for <br />payment may be extended an additional 14 days, whether or not requested by the person <br />to whom the notice has been given. In addition to the administrative penalty, the person <br />giving notice may request in the notice to the alleged violator to adopt a compliance plan <br />to correct the situation resulting in the alleged violation and may provide that if the <br />alleged violator corrects the situation resulting in the alleged violation within the time <br />specified in the notice, that the payment of the administrative penalty will be waived. <br />(E) At any time before the payment of the administrative penalty is due, the person who <br />has been given notice of an alleged violation may request to appear before the City <br />Council to contest the request for payment of the penalty. After a hearing before the <br />Council, the Council may determine to withdraw the request for payment or to renew the <br />request for payment. Because the payment of the administrative penalty is voluntary, <br />there shall be no appeal from the decision of the Council. <br />(F) At any time after the date the payment of the administrative penalty is due, if the <br />administrative penalty remains unpaid or the situation creating the alleged violation <br />remains uncorrected, the city, through the City Attorney, may bring criminal charges in <br />accordance with state law and this code. Likewise, the city, in its discretion, may bring <br />criminal charges in the first instance, rather than requesting the payment of an <br />
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