HF 862

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to local government; authorizing collection 
  1.3             of penalties and fines imposed by local governments 
  1.4             for certain violations of water and planning laws 
  1.5             together with taxes; establishing procedures for 
  1.6             imposition of penalties; proposing coding for new law 
  1.7             in Minnesota Statutes, chapters 103F; and 375. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [103F.002] [COLLECTION OF PENALTIES.] 
  1.10     If a penalty imposed for violation of an ordinance enacted 
  1.11  under this chapter is unpaid for more than 60 days after the 
  1.12  date when payment is due, the local government unit that imposed 
  1.13  the penalty may certify the delinquent penalty, together with 
  1.14  any interest and additional penalties that apply to it, to the 
  1.15  county auditor for collection to the same extent and in the same 
  1.16  manner provided by law for the assessment and collection of real 
  1.17  estate taxes. 
  1.18     Sec. 2.  [375.511] [ADMINISTRATIVE PENALTIES.] 
  1.19     A county board may impose an administrative penalty for 
  1.20  violation of an ordinance enacted under chapter 103F.  No 
  1.21  penalty may be imposed unless the owner has received notice, 
  1.22  served personally or by mail, of the alleged violation and an 
  1.23  opportunity for a hearing before a person authorized by the 
  1.24  county board to conduct the hearing.  A decision that a 
  1.25  violation occurred must be in writing.  The amount of the 
  1.26  penalty with interest may not exceed the amount allowed for a 
  2.1   single misdemeanor violation.  A person aggrieved by a decision 
  2.2   under this section may have the decision reviewed de novo in the 
  2.3   district court.  If a penalty imposed under this section is 
  2.4   unpaid for more than 60 days after the date when payment is due, 
  2.5   the county board may certify the penalty to the county auditor 
  2.6   for collection to the same extent and in the same manner 
  2.7   provided by law for the assessment and collection of real estate 
  2.8   taxes.