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• ORDINANCE NO. 08 - 10 CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 50 OF THE ELK RIVER CITY CODE OF ORDINANCES TO ADD ARTICLE V OF CHAPTER 50, INCLUDING SECTIONS 50 -200 THROUGH 50 -217, PROVIDING FOR ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE ELK RIVER CITY CODE OF ORDINANCES The City Council of the City of Elk River does hereby ordain as follows: Section 1. Chapter 50 of the City of Elk River Code of Ordinances is hereby amended to add the following Article V to Chapter 50, including Sections 50 -200 through 50 -217, as follows: ARTICLE V. ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES FOR VIOLATIONS OF THE CITY CODE Sec. 50 -200 Purpose The City Council finds that there is a need for alternative methods of enforcing the City Code of Ordinances. While criminal fines and penalties have been the most frequent enforcement mechanisms, there are certain negative consequences for both the city and the • public. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled 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 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 which may be pursued for city code violations. Sec. 50 -201 Administrative Offenses. A violation of any provision of the city code is an administrative offense, which may be subject to an administrative citation and civil penalties pursuant to this Article V of Chapter 50 of the City Code of Ordinances. Each day a violation exists constitutes a separate offense. Sec. 50 -202 Civil Penalties. An administrative offense may be subject to a civil penalty not exceeding $2,000 per day. Sec. 50 -203 Schedule of Fines. The City Council may adopt by ordinance a schedule of recommended fines for offenses initiated by administration citation. The City Council is not bound by that schedule when a • matter is appealed to it for administrative review.