1. Purpose

The City hereby establishes a self-insurance fund to provide self-insurance against liability of the City and its officers, employees, agents and servants under Minnesota Statutes, Chapter 466, Section 340A.603 and 340A.801 and any other laws for damages resulting from its torts, including torts for which the City has immunity, and those torts of its officers, employees, agents and servants. The establishment of the fund, the allocation of funds to it or the expenditure of funds, or any other act in conjunction with the establishing or operation of the fund shall not waive any immunity granted to a political subdivision, nor shall it waive any statutory limitation on liability afforded a political subdivision. 2. Authorized Expenditures The Council hereby authorizes expenditures from the fund established for any one or more of the following purposes:

(a) Payment of losses; (b) Costs of defense and investigation; (c) Premiums and deductible amounts when commercial insurance is purchased for risk; (d) Costs of loss control activities; or (e) Any other costs customarily borne by commercial insurers under conventional insurance policies.

The directives of this Chapter apply to all City employees, except elected officials, advisory commission members and volunteers.

1. When conducting the criminal history background investigation to screen applicants for employment, applicants for a City license, certain volunteers, and certain independent contractors, the Public Safety Department is authorized to access data maintained in BCA databases. Any data that is accessed and acquired shall be maintained by the Public Safety Department under the care and custody of the chief law enforcement official, or designee pursuant to the City’s Data Practices Policy and Minnesota Statutes, as may be amended from time to time. A summary of the results of the Computerized Criminal History data may be released by the Public Safety Department to any relevant parties as appropriate.

2. Before the investigation is undertaken, the applicant must authorize the Public Safety Department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota Statutes Chapter 13 regarding the collection, maintenance and use of the information. 3. The Public Safety Department will utilize various social media and public document repositories as part of any background investigation. All information will be processed pursuant to the Public Safety Departments procedures and retained pursuant to Minnesota Statutes Chapter 13 4. Except for the positions set forth in Minnesota Statutes (M.S.) § 364.09, the City will not reject an application for employment or a license on the basis of the applicant’s prior conviction unless the crime is directly related to the position of employment sought or the occupation for which the license is sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the City rejects the applicant’s application on this basis, the City shall notify the applicant in writing of the following:

(a) The grounds and reasons for the denial; (b) The applicable complaint and grievance procedure set forth in M.S. § 364.06; (c) The earliest date the applicant may reapply for employment or license; and (d) That all competent evidence of rehabilitation will be considered upon reapplication.

This Chapter collates various procedures found throughout the Fridley City Code (Code) regarding citations associated with violations of the Code and appeals of City decisions. With respect to Code violations, the Fridley City Council (Council) seeks to offer an alternative method of enforcement for Code violations rather than relying solely on the judiciary for such relief. The formal judicial process does not provide an environment to adequately address the unique and sensitive issues that are involved in Code violations, including, but not limited to: neighborhood concerns, livability issues, economic impact, public safety, physical limitations of the offenders, and the stigma and unintended consequences of being charged with or convicted of a misdemeanor offense. In addition, the methodical process of the court system process may not be conducive to dealing with the violations in a prompt and timely manner. To provide more flexibility in addressing Code violations on an individual basis that will be more efficient and effective and to ensure a process for administrative relief before engaging the judicial system, the Council finds that an alternative enforcement process is necessary. With respect to appeals of City decisions, the Council seeks to streamline the appeals process so that appeals may be heard on an administrative level by a hearing examiner before the appeal needs to be brought to the Council level.

Administrative Citation or Administrative Penalty: A civil fine that is issued in response to a violation of this Code. Administrative Hearing: A scheduled opportunity for parties to present testimony and question witnesses related to a specific Administrative Citation or appeal. Administrative Offense: A violation of a provision of this Code. Hearing Examiner: Any person as defined by Minnesota Statute (M.S.) § 609.415, as may be amended from time to time, and selected by the City Manager or their designee to hear and determine a matter for which an Administrative Hearing is requested.

1. Appeals. The appeal procedures set forth in this Chapter must be followed as specified by reference in the Code and are available to any person directly and adversely affected by the order or decision of, or the imposition of conditions by a City commission, department, officer, or employee when a right of appeal and the appeal procedure set forth in this Chapter is specified in the Code.

(a) A person wishing to appeal must file with the City Clerk a written request for a hearing within 14 business days after the date of notification of the activity on which the appeal is based. The request must specify the order, decision, or condition being appealed, the date of the notification, and the Code provision under which the appeal is authorized.

(b) The appeal will be heard by the Hearing Examiner following the Administrative Hearing procedures set forth in this Chapter.

1. Hearing Examiner. The position of Hearing Examiner is hereby created. The City Manager, or their designee, may, at their discretion, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of compensation therefor. 2. Qualifications. The Hearing Examiner will be an individual trained in law; however, it will not be required that the Hearing Examiner be currently licensed to practice law in the State of Minnesota. 3. Duties. The Hearing Examiner will have the following duties:

(a) Schedule hearing dates and hear all appeals; (b) Take testimony from all interested parties; (c) Examine all facts, evidence and testimony presented at the hearing; (d) Make a complete record of all proceedings including findings of fact and conclusions of law; and (e) Affirm, dismiss, or modify the Administrative Citation and/or the Administrative Penalty assessed or in the case of an appeal of a City decision, order such action as may be deemed appropriate.

4. Hearing Procedure.

(a) All Administrative Hearings will take place at the Fridley Civic Campus (7071 University Avenue N.E., Fridley, MN 55432) between 8:00 a.m. and 8:00 p.m. Monday through Friday. The Hearing Examiner may schedule an alternative date and time upon the written consent of all parties subject to the Administrative Hearing. (b) The Hearing Examiner must provide all parties involved with a written Notice of Hearing at least five business days prior to the Administrative Hearing. (c) All Administrative Hearings will be recorded with an audio recording device. A transcript of the Administrative Hearing will be transcribed and retained pursuant to the Minnesota Government Data Practices Act. (d) The Hearing Examiner will take testimony from the petitioner and any corroborating witnesses who wish to testify. The Hearing Examiner will then take testimony from the City. Both the petitioner and the City may appear with legal counsel. (e) The Rules of Evidence do not apply. The Hearing Examiner will determine the admissibility of any evidence or testimony. (f) The Hearing Examiner will render a written decision to affirm, dismiss or modify the City’s order or decision of, or the imposition of conditions by a City commission, department, officer, or employee when a right of appeal and the appeal procedure set forth in this Chapter is specified in the Code. Within 14 business days after the Administrative Hearing, the Hearing Examiner must provide written findings of fact, conclusions of law and if applicable, issue a timeline to pay any applicable penalties and fees. The decision of the Hearing Examiner will be final unless otherwise stated in an applicable section of the Code. (g) Judicial review. If authorized by law, an aggrieved party may obtain judicial review of a final decision of the Hearing Examiner in a court of competent jurisdiction within the time limit prescribed by law.

5. Failure to Appear. The failure to attend the Administrative Hearing constitutes a waiver of the petitioner’s rights to an Administrative Hearing and an admission of the violation or dismissal of the appeal, whichever may be applicable. The Hearing Examiner may waive this result upon good cause shown. "Good cause" may be determined by the Hearing Examiner and may include: death in the immediate family or documented incapacitating illness of the petitioner, a court order requiring the petitioner to appear for another hearing at the same time, or lack of proper service of the administration citation or notice of the Administrative Citation or Notice of Hearing. 6. Failure to Pay Is Separate Violation. The following are separate violations of the Code, punishable as misdemeanors in accordance with State law:

(a) Unless a notice of appeal has been timely filed, failure to pay the Administrative Penalty within the time required after issuance of an Administrative Citation. (b) Failure to pay the Administrative Penalty or fine imposed by a Hearing Examiner within 30 days after it was imposed, or such other time as may be established by the Hearing Examiner, unless judicial review has been sought for the matter in accordance with State law.

1. The administrative procedures and penalties in this Section may, in the discretion of the City, be used for any violation of the Code or any violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the Code, and traffic offenses designated in Minnesota Statute (M.S.) § 169.999, in the amount designated in M.S. § 169.999, as it may be amended from time to time. 2. Except as expressly provided in this section, the provisions of this Section may be used concurrently with or in addition to any other procedure or remedy, criminal or civil, the City may pursue under the Code, State law, or Federal law. Nothing herein restricts the right of the City to enter property immediately or to seek other remedies in emergency or other situations as authorized by the Code, State law, or Federal law. Where differences occur between provisions of this Section and other applicable Code sections, this Section controls to the extent of such differences. No provision of the Code that provides a criminal procedure or penalty, or an administrative or civil procedure or penalty, for a violation of the Code will preclude the application of this section in its entirety to such violation. 3. The penalties and procedures provided in this Section are applicable to every section and chapter of the Code. The penalties and procedures provided by this Section will apply to any amendment of the Code, whether or not such penalty is reenacted in the amendment, unless otherwise provided in such amendment. 4. Enforcement and Administrative Citation Issuance

(a) Authority to Enforce. Only peace officers may issue Administrative Citations pursuant to M.S. § 169.999 related to traffic violations. The City may not issue an Administrative Citation as authorized by M.S. § 169.999 to the holder of a commercial driver’s license or the driver of a commercial vehicle in which the administrative violation was committed. (b) Any other violation of the Code may also result in an Administrative Citation. Any persons employed by the City and designated by the City Manager to enforce the Code are authorized to issue such citations. The City may only issue an Administrative Citation upon a determination of a violation of any regulation identified in this section. The City Manager, or their designee, is authorized to promulgate rules and forms to implement these procedures. (c) Administrative Citation. Any person with authority to enforce the Code may, upon a reasonable belief that there has been a violation thereof, issue an Administrative Citation to the violator or party responsible for the violation in one of the following ways:

(1) By personal delivery upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be delivered to a manager on the premises or to a corporate officer; (2) By first class mail to a person identified in Subsection (4)(c)(1) of this section; (3) By posting the Administrative Citation in a conspicuous place on or near the main entrance when it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling; (4) By posting the Administrative Citation in a conspicuous place on or near the main entrance and mailing by first class mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; (5) By posting the Administrative Citation in a conspicuous place on or near the main entrance and mailing by first class mail, notice of the citation to the licensee when the property is a rental dwelling licensed by the City; or (6) By posting the Administrative Citation in a conspicuous place on a motor vehicle when the vehicle is vacant.

(d) The City must notify a recipient of an Administrative Citation of their right to contest the citation as outlined in Section 203.04. (e) The failure to pay an Administrative Citation within 14 business days after the citation is issued, or failure to attend a scheduled Administrative Hearing, constitutes a waiver of the violator’s right to a future Administrative Hearing and is an admission of the violation. (f) Any Administrative Penalties assessed pursuant to M.S. § 169.999 must be disbursed in accordance with M.S. § 169.999, subd. 5.

5. Administrative Hearings

(a) Request for Hearing. Anyone in violation of any section of the Code may either pay the Administrative Penalty, or petition the City for an Administrative Hearing. (b) All such petitions must identify with specificity the basis for the objection to the Administrative Citation and the interpretation of the Code, as well as summarizing any evidence the petitioner intends to present. Such requests must be filed in writing to the City Manager, or their designee, within 14 business days after the date the Administrative Citation is issued.

6. Hearing Procedure. Any person issued an Administrative Citation within the City may petition the City, in writing, for an Administrative Hearing before a Hearing Examiner.

(a) The City will confirm the petitioner’s request of an Administrative Hearing and include information regarding payment of the Administrative Hearing Fee as set forth in the Fees chapter of the Code. This fee will be refunded if the Administrative Citation is dismissed, but not if it is affirmed or modified.

7. Penalties and Payment

(a) Application. An Administrative Citation may be issued in conjunction with, or in lieu of, any other remedy available to the City. (b) Administrative Penalties and Fees. The Council may adopt by ordinance a schedule of penalties and fees for violations of the Code and the enforcement of this Chapter.

(1) Any penalties and fees for those Administrative Citations issued pursuant to M.S. § 169.999, subd. 1, may not exceed the limits described in M.S. § 169.999, subd. 5. (2) Unless expressly provided otherwise in the Code, each day a violation exists constitutes a separate administrative offense. (3) When an Administrative Citation is issued and served as described in this Chapter, the party receiving service has up to 14 business days to pay the Administrative Citation fee as outlined in the Fees chapter of the Code. If payment is not received, or an Administrative Hearing is not requested within 14 business days of the citation being issued, a late fee will be incurred. The Administrative Penalty Late Fee is outlined in the Fees chapter of the Code.

(c) Payment Process.

(1) A party who has received an Administrative Citation must, within 14 business days of the date that the Administrative Citation is issued, pay the amount of any Administrative Penalty set forth therein, unless that party has requested an Administrative Hearing as authorized by this Chapter. If the Administrative Citation penalty is upheld in full or in part by the Hearing Examiner, the petitioner must make payment to the City within 14 business days of the date of issuance of the Hearing Examiner’s decision, unless another term is prescribed therein. (2) Any Administrative Penalty may be paid in person at City Hall, by mail or by other method set forth by the City. (3) Payment of any Administrative Penalty will be deemed a final admission of the violation, and thereafter the City may not bring a criminal charge for the same violation. Ongoing or continuing violations will constitute a new violation for each day that it is occurring. (4) Payment of an Administrative Penalty will not excuse the failure to satisfy compliance orders referenced in the Administrative Citation and such payment will not bar further enforcement activity by the City for a continuing violation, including without limitation, the issuance of additional Administrative Citations.

(d) Lien. If an Administrative Penalty imposed by an Administrative Citation is not paid within the time specified, it constitutes a personal obligation of the violator and a lien upon the real property upon which the violation occurred, if the property or improvements on the property were the subject of the violation and the property owner was responsible for that violation. (e) Assessment. Any persons employed by the City and designated by the City Manager to enforce the Code must keep a record of the costs of the Code violation and must provide detailed reports to the City Manager or their designee regarding all matters related to each violation. In the event the Administrative Penalty is unpaid and it is not possible for the City to place a lien on any real property, the City may list the total unpaid charges for each assessment against each separate lot or parcel to which they are attributable. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment may be payable in a single installment or by up to ten equal annual installments as the City Council may provide, pursuant to M.S. § 429.101. (f) License and Permit Issuance. Failure to pay an Administrative Penalty is grounds for suspending, revoking or not renewing a license or permit related to the violation. During the time that an Administrative Penalty remains unpaid, no City approval will be granted for a license, permit, or other City approval sought by the violator or for property under the violator's ownership or control. For purposes of this restriction, any entity that is owned in whole or in part by the violator will also be considered to be subject to these restrictions, regardless of corporate structure. (g) Disposition of Penalties. All penalties collected pursuant to this Chapter must be paid to the City Treasurer and deposited in the appropriate fund and with the appropriate parties. (h) Maximum Penalty. Each day a violation exists is a separate offense. The maximum amount of an Administrative Penalty charged for a single offense, as determined by the City, may not exceed twice the maximum fine authorized by State law for misdemeanor offenses, or the maximum fine authorized by State law for an administrative process.

This chapter of the Code applies to all violations of the Code, except for those situations where applicable sections of the Code or State law prescribe other procedures or rules.

Except as otherwise provided in the Fridley City Code (Code), any person violating any provision of this Code will be guilty of a misdemeanor and upon conviction shall be punished according to penalties imposed by Minnesota Statute.

1. Except where a different, specific or more particular penalty is provided or allowed with respect to any offense, any person guilty of a violation of this Code shall upon conviction of such offense, be fined in an amount not to exceed the maximum fine as authorized by Minnesota Statute 609.034 or be imprisoned in jail for a period not to exceed 90 days or both for each offense of which such person is convicted. 2. Certain violations of the Code are deemed petty misdemeanors as defined by Minnesota Statutes Chapter 609. The maximum fine will be that amount authorized by Minnesota Statute § 609.0332. If a person fails to appear in court on a charge that is a petty misdemeanor, the failure to appear is considered a plea of guilty and waiver of the right to trial, unless the person appears in court within ten days and shows that a person's failure to appear was due to circumstances beyond the person's control.

Upon the failure of any person to pay the fine or cost as imposed by any court, the court imposing the same may collect or recover the fine or cost in such manner as is provided or allowed by law.

Whenever State law provides for, authorizes or allows a court to impose for an offense under this Code a penalty which is greater than the general penalty provided or allowed herein for such offense, then the court may impose such greater penalty for such offense, the same as if prescribed herein.

Each separate violation of the Code is a separate offense. The continued violation by a person of any one same offense with knowledge thereof is a separate offense for each day of such continued violation.

Every person who gives or furnishes to the City of Fridley a false or untrue statement to be relied upon in the granting of a permit or license shall be subject to the penalties provided for in this Chapter.

Designated employees of the City of Fridley (City) are authorized to institute appropriate civil, criminal or administrative actions against a person, firm, or corporation who violates any provision of the Fridley City Code (Code).

Except as provided by statute, only a peace officer and part-time peace officer may require a person receiving a citation to get a written promise to appear in court or take a person into custody as permitted by Minnesota Statute.

The following City employees or authorized City volunteers may issue citations, in lieu of arrest or continued detention, for violations of the Code. Areas of jurisdiction will be contained in City policy: 1. Peace Officers;

2. Community Service Officers;

3. Reserve Officers;

4. Code Enforcement Officers;

5. Building or Rental Inspector; and

6. Fire Marshal.

It is the policy of the City of Fridley (City), pursuant to the Federal Fair Housing Amendments Act of 1988 to provide reasonable accommodation in the application of zoning and other regulations for qualified persons with disabilities seeking fair and equal access to housing. Reasonable Accommodation means providing a qualified person with flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this Chapter is to establish a process for making and acting upon requests for reasonable accommodation.

Accommodation Specialist: staff, appointed by the City Manager or their designee to coordinate and administer the Reasonable Accommodation process outlined in Fridley City Code (Code). Disability: any one or a combination of those disabilities which are recognized under applicable federal law. Qualified Person: any individual with a disability, their representative, or a developer or provider of housing for an individual with a disability. Reasonable Accommodation: process by which the City may provide an individual with a disability flexibility in the application of land use, zoning, or other regulations that serve as a barrier to housing.

Any person who requests reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the City’s Accommodation Specialist. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), with a disability, including information establishing that the application is being made by a qualified person, for themselves or on behalf of a person disabled under applicable laws, as well as other information required by the Accommodation Specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review.

1. The Accommodation Specialist, in consultation with the appropriate City staff, shall have the authority to consider and act on requests for reasonable accommodation. The Accommodation Specialist shall issue a written decision in which the request is approved, approved subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered:

(a) Special need created by the disability; (b) Potential benefit that can be accomplished by the requested accommodation; (c) Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit; (d) Physical attributes of and any proposed changes to the subject property and structures; (e) Potential impact on surrounding uses; (f) Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies, or procedures of the City, and/or nature of the area in which the accommodation is being requested; (g) Whether the requested accommodation would impose an undue financial or administrative burden on the City; (h) Whether the requested accommodation is likely to have any negative impacts on the health, safety, or general welfare of members of the community, and (i) Any other factor that may be determined to have a bearing on the request.

2. Any approval issued under this section may include such reasonable conditions that the Accommodation Specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify.

The written decision of the Accommodation Specialist shall be mailed to the applicant within five business days of such decision being made. All written decisions shall give notice of the right to appeal a decision of the Accommodation Specialist pursuant to Section 206.08. The decision of the Accommodation Specialist shall constitute the final decision of the City, unless appealed according to the procedures and within the time limits provided in Section 206.08. Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision. A reasonable accommodation approved under this section shall become effective on the first calendar day following expiration of the right to appeal.

Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to rely upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the City's approval of such accommodation, shall be entitled to the benefits and protections thereof. The holder of an approved reasonable accommodation license hereunder shall, on or before January 1 of each year, provide the City with an updated affirmation that the reasonable accommodation is still necessary. In the event that the Accommodation Specialist has reasonable cause to believe that factors have changed, the Accommodation Specialist may request additional information from the license holder. Failure to annually reaffirm the need for the reasonable accommodation, or failure to provide information reasonably requested by the Accommodation Specialist, shall result in automatic termination of the reasonable accommodation upon written notice of the Accommodation Specialist.

Prior to the issuance of any permits relative to an approved reasonable accommodation request, the Accommodation Specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination.

Any decision reached by the Accommodation Specialist pursuant to Section 206.05 shall be subject to appeal to the City Council by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the Accommodation Specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the City Manager or their designee shall present such appeal to the Fridley City Council for action within 30 days. The Accommodation Specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under Section 206.05. Following a hearing on such appeal, the Fridley City Council shall issue its findings, in writing, within 30 days.

The fees for licenses, permits and municipal services offered by the City of Fridley (City) are established in this Chapter. References in other chapters or sections of the Fridley City Code (Code) to any fee means the fees specified in this Chapter.

If fees are specified in other parts of the Code for a particular license, fee, or service, but not in this Chapter, then the fees specified elsewhere in the Code shall be effective for the stated license, permit, or service. If there are amounts specified in this Chapter for a particular license, permit, or service, as well as other chapters of the Code, then the amounts appearing in this Chapter supersede the others.

Administrative Citation: A notice, issued by a Public Official, that a person or property is in violation of or has violated the Code. Business: A trade or profession that engages in the bartering, selling, purchasing or exchanging of goods, services, or materials with or without compensation. Penalty: A monetary fine imposed by the City upon a violation of the Code. Fee: The charge by the City for or in connection with any license, permit, service(s), or function rendered. The fee shall be based on costs incurred by the City to provide a license, permit, or service. Fees are charged for the reviewing, investigating, and administering an application for an amendment to an official control or an application for a permit or other approval required under an official control, or any other costs established and authorized pursuant to Minnesota Statute (M.S.) Chapter 462. Any other fee the City as authorized by state law to impose shall be set forth in a rate/fee schedule duly adopted by the Fridley City Council (Council). Renewal: Where a license or permit holder makes application to extend for a further period a license or permit and pays the required fee to the City.

Unless otherwise provided in this Code, application for any license or permit required by this Code shall be made with the City Manager or their designee. The applicant shall provide such information as required by the City or any licensing or permit provision of this Code. In the event of the sale of the licensed business or death of the licensee, unless otherwise specified in the Code, the business shall be allowed to continue to operate as long as the new application is submitted to the City Manager or their designee within 30 days. In the event an application is not received within 30 days, the business license shall expire.

The minimum length of time required for the processing of any application shall be determined by the City Manager or their designee who shall inform any applicant of the appropriate time requirements.

The license begins May 1 of any year through April 30 of the following year, inclusive, unless otherwise provided in this Code.

Unless otherwise provided in this Code, the approval and issuance of the license shall not require City Council (Council) consideration and shall be issued administratively by the City Manager or their designee if the applicant has met all of the conditions and requirements of the license. A list of issued licenses shall be provided to the Council for its information.

No license or permit is automatically renewed by the City. Applications for renewal shall be submitted to the City Manager or their designee prior to the expiration date for Council approval.

No license or permit fee shall be prorated or refunded except as expressly provided by Section 209.12 of this Chapter or any other licensing or permit provision of this Code.

Any violation of the terms of this Chapter or any other licensing or permit provision of this Code shall be grounds for suspension and/or revocation of the license or permit by the Council. Licenses and permits shall be revoked only for cause and upon adequate notice and the opportunity to be heard.

Any person to whom a license or permit is issued pursuant to this Code shall be required to display such license or permit or to make said license or permit available for review upon request. This provision shall be subordinate to any other provision of this Code which expressly requires that said license or permit shall be displayed or posted.

No person may practice or carry on a business, trade or profession in the City without complying with all federal and state regulations, laws, license or permit requirements, and with the license and permit requirements of any provision of this Code.

In addition to the fees in Section 209.12, an administrative assessment will be required to fund special studies such as environmental assessment worksheets, transportation, drainage, noise impacts, indirect source permits, wetland impacts, etc. The amount of the assessment is to be based on the site, complexity, diversity, and location of the project as determined by staff, but may not be less than two and one half times the hourly wage of estimated Public Official or consultant’s time.

The penalty for late payment of any fees as shown in this Chapter is 25% of the amount of the fee if received from one to seven days late. If the payment is received more than seven days after it is due, the penalty is 50% of the fee.

Prior to the issuance of any license or permit as provided by this Chapter, the City may determine whether the applicant is out of compliance with any state or local law or ordinance enforced by the City. In addition, the City may determine whether the applicant is in arrears with respect to any fee, tax or utility charge. If the City determines the applicant is out of compliance with any state or local law or ordinance, or that outstanding balances are due to the City for fees, taxes or utility charges, the City may deny issuance of the license until such time as the Applicant is in compliance or has paid any such outstanding balance. Any applicant aggrieved by the application of the section may, upon written request, be permitted a hearing before the Council, and determination on the fact question of whether there is non-compliance or any outstanding balance due.

The purpose of this Chapter is to protect the health, safety, and welfare of the citizens of the City of Fridley (City) by regulating the time, place and manner of special events. This Chapter establishes permit requirements and ensures the provision of adequate parking, traffic control, sanitary facilities, utilities and safety services.

Applicant: any individual, association, partnership, corporation, or entity applying for a special event permit. City services: the exclusive allocation of city resources, including, but not limited to, city personnel, equipment, rights-of-way, property, or facilities for use in conjunction with a specific event or activity, as requested by the host or sponsor of the event, or as requested by or on behalf of a person attending the event, or deemed necessary by the City in order to maintain public safety. Special services include, but not be limited to, any of the following: street closures; requiring police officers to stop or reroute traffic; the provision of temporary restroom facilities; special police protection; stationing emergency vehicles at or in the immediate vicinity of the event; exclusive use of city streets as a staging area or for event park; additional street cleaning and garbage removal services; special signage, such as temporary “no parking” signs; the use of any city building, equipment or other property for any purpose. Outdoor: any activity conducted outside of a permanent, enclosed structure or building. Person: any individual, association, partnership, corporation, company or entity. Special event: any gathering or activity on public property that either substantially interrupts the normal use of public spaces or has a public impact requiring City services. The event may be open to the public or private. A special event may also be any activity that requires additional City resources beyond normal operations or impacts the surrounding community through increased traffic, parking needs, noise, or other factors that affect the regular use of public spaces or neighboring properties. Such events include but are not limited to athletic events such as 5Ks, runs, walks, and bicycle races, block parties, carnivals, fairs and festivals, concerts and street dances, parades, outdoor events on City property that are inconsistent with the typical use, outdoor events on City property with attendance that exceeds 50 individuals, outdoor events on private property that require City services or impact public spaces, streets or neighboring properties, events in City rental facilities that exceed the facility's capacity and any other similar event. City rental facility: any City-owned building, structure, or designated area that can be reserved for private or public use, such as community centers, pavilions, or meeting rooms. Unlawful assembly: as defined by Minnesota Statute § 609.705. Special events conducted without required permits may constitute an unlawful assembly under applicable law.

It is unlawful for any individual, organization, partnership, company or corporation to conduct or promote any special event without first obtaining a special event permit.

1. An application for a Special Event Permit must be submitted at least 90 days prior to the event date. Applications may be submitted up to one year in advance of the event date. Applications submitted less than 90 days are subject to an additional fee. Applications submitted less than 30 days prior to the event date will not be considered. 2. Application requirements are pursuant to the City’s Special Event Policy. 3. All events require final approval from the City Manager or a designee.

1. The following events are exempt from this Chapter:

(a) Events at permanent place of worship, stadiums, athletic fields, arenas, theatres, auditoriums, school-sanctioned events on school property, or fairs conducted pursuant to State law; (b) Special events or activities planned and managed by the City; (c) Private gatherings or events on residential property that do not require City services or impact public spaces, streets or neighboring properties; (d) Non-recurring garage sales, auctions or estate sales; (e) Night to Unite; (f) Funeral processions; (g) Activities conducted by a governmental agency acting within the scope of its authority; and (h) The use of traditional public forums as alternative channels of communication by the public, provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public.

2. Certain events may be exempted from permit fees by a Fridley City Council (Council) resolution, provided they still comply with all other requirements of this Chapter regarding safety, insurance and operations.

The City will conduct inspections to ensure compliance with this Chapter and the Special Event Policy. A preliminary inspection will be conducted within 24 hours prior to the start of the event, following event setup, to verify compliance with permit requirements. A final inspection will be conducted within 24 hours, after event cleanup, to verify proper restoration of the event area(s). Additional inspections may be required as determined by City staff.

1. The fees for this Chapter are set in the Fees Chapter of the Code. 2. The Council may waive or reduce fees under specific circumstances. 3. All fees for City services and the security deposit must be paid no later than 14 days before the event date. The security deposit will be refunded within 30 days after the event if no damage occurred to City property, all cleanup requirements were completed and the final inspection was passed. The City may retain all or a portion of the security deposit if additional City staff time was required, additional City services were needed, damage occurred to City property, cleanup was inadequate or other violations were discovered during final inspection.

1. The City Manager or a designee may revoke an approved permit if the event violates permit conditions, City Code, State law, or if emergency conditions arise that affect public safety. 2. The specific criteria for evaluating permit applications are established in the Special Event Policy.

Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code.

The legislature has authorized the imposition of a tax upon lodging establishments to provide funding for a convention and tourism bureau to promote the City of Fridley (City) as a tourist and convention center.

Director: The Finance Director of the City. Hotel (or motel): a building, structure, enclosure or any part thereof used as, maintained as, advertised as a place where sleeping accommodations are furnished to the public for periods of less than seven calendar days. Lodger (or renter): the person obtaining lodging from an operator. Lodging establishment: a building, structure, enclosure or any part thereof used as, maintained as, advertised as a place where sleeping accommodations are furnished to the public for periods of more than seven calendar days. Operator: a person who provides lodging to others. Rent: the total consideration valued in money charged for lodging whether paid in money or otherwise, but may not include any charges for services rendered in connection with furnishing lodging other than the room charge itself.

There is hereby imposed a tax of 3% on the rent charged by an operator for providing lodging to any person on and after August 1, 1986. The tax must be stated and charged separately and must be collected by the operator from the lodger. The tax collected by the operator will be a debt owed by the operator to the City and will be extinguished only by payment to the City. In no case may the tax imposed by this Chapter upon an operator exceed the amount of tax which the operator is authorized and required by this Chapter to collect from a lodger.

Each operator must collect the tax imposed by this Chapter at the time the rent is paid. The tax collections must be deemed to be held in trust by the operator for the City. The amount of tax must be separately stated from the rent charged for the lodging.

1. Exceptions. No tax will be imposed on rent for lodging paid by any officer or employee of a foreign government who is exempt by reason of express provisions of federal law or international treaty. 2. Exemptions. An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the City to tax. No exemption will be granted except upon a claim therefor made at the time the rent is collected and such a claim must be made in writing under penalty of perjury on forms provided by the City. All such claims must be forwarded to the City when the returns and collections are submitted as required by this Chapter.

It is unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amount of tax less than one cent must be considered an additional cent.

The taxes imposed by this Chapter must be paid by the operator to the City monthly not later than 25 days after the end of the month in which the taxes were collected. At the time of payment the operator must submit a return upon such forms and containing such information as the Director may require. The return shall contain the following minimum information:

1. The total amount of rent collected for lodging during the period covered by the return. 2. The amount of tax required to be collected and due for the period. 3. The signature of the person filing the return or that of his or her agent duly authorized in writing. 4. The period covered by the return. 5. The amount of uncollectable rental charges subject to the lodging tax.

The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this Chapter previously paid as a result of any transaction the consideration for which became uncollectable during such reporting period, but only in proportion to the portion of such consideration which became uncollectable.

The Director may rely upon the Minnesota sales tax return filed by the operator with the State of Minnesota in determining the accuracy of a return filed under this ordinance. However, the Director is authorized to make any investigation or examination of the records and accounts of the person making the return if the Director reasonably determines that such steps are necessary for determining the correctness of the return. The tax computed on the basis of such examination will be the tax to be paid. If the tax due is found to be greater than that paid, such excess must be paid to the City within ten days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess will be refunded to the person who paid the tax to the City within ten days after determination of such refund.

Any person may apply to the Director for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period, provided that no application for refund may be considered unless filed within one year after such tax was paid, or within one year from the filing of the return, whichever period is the longer. The Director must examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and must mail a notice thereof by registered mail to such person at the address stated upon the return. If such claim is allowed in whole or in part, the Director must credit the amount of the allowance against any taxes due under this Chapter from the claimant and the balance of said allowance, if any, must be paid by the Director to the claimant.

1. If any operator required by this Chapter to file a return fails to do so within the time prescribed, or makes, willfully or otherwise, an incorrect, false, or fraudulent return, the operator must, upon written notice and demand, file such return or corrected return within five days of receipt of such written notice and must at the same time pay any tax due on the basis thereof. If such person fails to file such return or corrected return, the Director must make a return or corrected return, for such person from such knowledge and information as the director can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by such return) must paid upon within five days of the receipt of written notice and demand for such payment. Any such return or assessment made by the Director will be prima facie correct and valid, and such person will have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto. 2. If any portion of a tax imposed by this Chapter, including penalties thereon, is not paid within 30 days after it is required to be paid, the City Attorney my institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action. 3. Upon a showing of good cause, the Director may grant an operator one 30 day extension of time within which to file a return and make payment of taxes as required by this Chapter provided that interest during such period of extension will be added to the taxes due at the rate of 10% per annum.

1. If any tax imposed by this Chapter is not paid within the time herein specified for the payment, or any extension thereof, there will be added a specific penalty equal to 10% of the amount remaining unpaid. 2. In case of any failure to make and file a return within the time prescribed by this Chapter, unless it is shown that such failure is not due to willful neglect, there will be added to the tax in addition to the 10% specific penalty provided above, 10% if the failure is for not more than 30 days with an additional 5% for each additional 30 days or fraction thereof during which such failure continues, not exceeding 25% in the aggregate. If the penalty as computed does not exceed $10, a minimum penalty of $10 will be assessed. The amount so added to any tax must be collected at the same time and the same manner and as a part of the tax unless the tax has been paid before the discovery of the negligence, in which case the amount so added must be collected in the same manner as the tax. 3. If any person willfully fails to file any return or make any payment required by this Chapter, or willfully files a false or fraudulent return or willfully attempts in any manner to evade or defeat any such a tax or payment thereof, there may also be imposed as a penalty an amount equal to 50% of any tax (less any amounts paid on the basis of such false or fraudulent return) found due for the period to which such return related. The penalty imposed by this subdivision must be collected as part of the tax and will be in addition to any other penalties provided by this Chapter. 4. All payments received will be credited first to penalties, next to interest, and then to the tax due. 5. The amount of tax not timely paid, together with any penalty provided by this section, will bear interest at the rate of 8% per annum from the time such tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof.

The Director will administer and enforce the assessment and collection of the taxes imposed by this Chapter. The Director will prepare blank forms for the returns and other documents required by this Chapter and will distribute the same throughout the City and furnish them on application, but failure to receive or secure them will not relieve any person from any obligation required of him under this Chapter unless it can be established that the required forms were not available from the City.

The Director or a designee may examine the books, papers and records of any operator in order to verify the accuracy of any return made, or if no return was made, to ascertain the tax as provided in this chapter. Every such operator is directed and required to give to the Director or a designee, facilities and opportunity for such examinations and investigations as are hereby authorized.

The City Manager is authorized to confer with the Minnesota commissioner of taxation to the end that an agreement between the City and the commissioner of taxation may be entered into for the purpose of providing for the administration and collection of the taxes imposed by this Chapter. Such an agreement will not become effective until presented to the Council for its approval and when so approved the tax imposed by this Chapter will be collected and administered pursuant to the terms of said agreement.

The 95% proceeds obtained from the collection of taxes pursuant to this Chapter must be used in accordance with Minnesota Statutes § 477A.018 to time to fund a local convention or tourism bureau for the purpose of marketing and promoting the City as a tourist or convention center.

1. Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal or modify that decision.

Fees for Automatic Fire Extinguishing Systems, Fire Alarm, Detection and related equipment, Fire Pumps or related equipment, and Standpipe Systems (MSFC 105) are calculated on project valuation from the 1997 UBC Permit Fee Schedule as shown below, plus the State of Minnesota Surcharge Fee on sprinkler permits:

(1) Program fees are listed in the City's bi-monthly Parks and Recreation Brochure and on the City's website.

(2) Administrative Fees

(3) Outdoor Field Rental Fees

(4) Park Facility Rental Fees

  (5) Springbrook Nature Center Room Rental Fees