Administrative adjudication of certain code violations in St. LouisCity and Kansas City--authorization, rules requirements--tribunaldesignated by ordinance, procedures--evidencereviewed--imprisonment and fines limited--judicial review, lienimposed, when.
479.011. 1. Any city not within a county or any home rule city withmore than four hundred thousand inhabitants and located in more than onecounty may establish, by order or ordinance, an administrative system foradjudicating parking and other civil, nonmoving municipal code violationsconsistent with applicable state law. Such administrative adjudicationsystem shall be subject to practice, procedure, and pleading rulesestablished by the state supreme court, circuit court, or municipal court.This section shall not be construed to affect the validity of otheradministrative adjudication systems authorized by state law and createdbefore August 28, 2004.
2. The order or ordinance creating the administrative adjudicationsystem shall designate the administrative tribunal and its jurisdiction,including the code violations to be reviewed. The administrative tribunalmay operate under the supervision of the municipal court, parkingcommission, or other entity designated by order or ordinance and in amanner consistent with state law. The administrative tribunal shall adoptpolicies and procedures for administrative hearings, and filing andnotification requirements for appeals to the municipal or circuit court,subject to the approval of the municipal or circuit court.
3. The administrative adjudication process authorized in this sectionshall ensure a fair and impartial review of contested municipal codeviolations, and shall afford the parties due process of law. The formalrules of evidence shall not apply in any administrative review or hearingauthorized in this section. Evidence, including hearsay, may be admittedonly if it is the type of evidence commonly relied upon by reasonablyprudent persons in the conduct of their affairs. The code violationnotice, property record, and related documentation in the proper form, or acopy thereof, shall be prima facie evidence of the municipal codeviolation. The officer who issued the code violation citation need not bepresent.
4. An administrative tribunal may not impose incarceration or anyfine in excess of the amount allowed by law. Any sanction, fine or costs,or part of any fine, other sanction, or costs, remaining unpaid after theexhaustion of, or the failure to exhaust, judicial review procedures underchapter 536, RSMo, shall be a debt due and owing the city, and may becollected in accordance with applicable law.
5. Any final decision or disposition of a code violation by anadministrative tribunal shall constitute a final determination for purposesof judicial review. Such determination is subject to review under chapter536, RSMo, or, at the request of the defendant made within ten days, atrial de novo in the circuit court. After expiration of the judicialreview period under chapter 536, RSMo, unless stayed by a court ofcompetent jurisdiction, the administrative tribunal's decisions, findings,rules, and orders may be enforced in the same manner as a judgment enteredby a court of competent jurisdiction. Upon being recorded in the mannerrequired by state law or the uniform commercial code, a lien may be imposedon the real or personal property of any defendant entering a plea of nolocontendere, pleading guilty to, or found guilty of a municipal codeviolation in the amount of any debt due the city under this section andenforced in the same manner as a judgment lien under a judgment of a courtof competent jurisdiction.
Administrative adjudication of certain code violations in St. LouisCity and Kansas City--authorization, rules requirements--tribunaldesignated by ordinance, procedures--evidencereviewed--imprisonment and fines limited--judicial review, lienimposed, when.
479.011. 1. Any city not within a county or any home rule city withmore than four hundred thousand inhabitants and located in more than onecounty may establish, by order or ordinance, an administrative system foradjudicating parking and other civil, nonmoving municipal code violationsconsistent with applicable state law. Such administrative adjudicationsystem shall be subject to practice, procedure, and pleading rulesestablished by the state supreme court, circuit court, or municipal court.This section shall not be construed to affect the validity of otheradministrative adjudication systems authorized by state law and createdbefore August 28, 2004.
2. The order or ordinance creating the administrative adjudicationsystem shall designate the administrative tribunal and its jurisdiction,including the code violations to be reviewed. The administrative tribunalmay operate under the supervision of the municipal court, parkingcommission, or other entity designated by order or ordinance and in amanner consistent with state law. The administrative tribunal shall adoptpolicies and procedures for administrative hearings, and filing andnotification requirements for appeals to the municipal or circuit court,subject to the approval of the municipal or circuit court.
3. The administrative adjudication process authorized in this sectionshall ensure a fair and impartial review of contested municipal codeviolations, and shall afford the parties due process of law. The formalrules of evidence shall not apply in any administrative review or hearingauthorized in this section. Evidence, including hearsay, may be admittedonly if it is the type of evidence commonly relied upon by reasonablyprudent persons in the conduct of their affairs. The code violationnotice, property record, and related documentation in the proper form, or acopy thereof, shall be prima facie evidence of the municipal codeviolation. The officer who issued the code violation citation need not bepresent.
4. An administrative tribunal may not impose incarceration or anyfine in excess of the amount allowed by law. Any sanction, fine or costs,or part of any fine, other sanction, or costs, remaining unpaid after theexhaustion of, or the failure to exhaust, judicial review procedures underchapter 536, RSMo, shall be a debt due and owing the city, and may becollected in accordance with applicable law.
5. Any final decision or disposition of a code violation by anadministrative tribunal shall constitute a final determination for purposesof judicial review. Such determination is subject to review under chapter536, RSMo, or, at the request of the defendant made within ten days, atrial de novo in the circuit court. After expiration of the judicialreview period under chapter 536, RSMo, unless stayed by a court ofcompetent jurisdiction, the administrative tribunal's decisions, findings,rules, and orders may be enforced in the same manner as a judgment enteredby a court of competent jurisdiction. Upon being recorded in the mannerrequired by state law or the uniform commercial code, a lien may be imposedon the real or personal property of any defendant entering a plea of nolocontendere, pleading guilty to, or found guilty of a municipal codeviolation in the amount of any debt due the city under this section andenforced in the same manner as a judgment lien under a judgment of a courtof competent jurisdiction.
Administrative adjudication of certain code violations in St. LouisCity and Kansas City--authorization, rules requirements--tribunaldesignated by ordinance, procedures--evidencereviewed--imprisonment and fines limited--judicial review, lienimposed, when.
479.011. 1. Any city not within a county or any home rule city withmore than four hundred thousand inhabitants and located in more than onecounty may establish, by order or ordinance, an administrative system foradjudicating parking and other civil, nonmoving municipal code violationsconsistent with applicable state law. Such administrative adjudicationsystem shall be subject to practice, procedure, and pleading rulesestablished by the state supreme court, circuit court, or municipal court.This section shall not be construed to affect the validity of otheradministrative adjudication systems authorized by state law and createdbefore August 28, 2004.
2. The order or ordinance creating the administrative adjudicationsystem shall designate the administrative tribunal and its jurisdiction,including the code violations to be reviewed. The administrative tribunalmay operate under the supervision of the municipal court, parkingcommission, or other entity designated by order or ordinance and in amanner consistent with state law. The administrative tribunal shall adoptpolicies and procedures for administrative hearings, and filing andnotification requirements for appeals to the municipal or circuit court,subject to the approval of the municipal or circuit court.
3. The administrative adjudication process authorized in this sectionshall ensure a fair and impartial review of contested municipal codeviolations, and shall afford the parties due process of law. The formalrules of evidence shall not apply in any administrative review or hearingauthorized in this section. Evidence, including hearsay, may be admittedonly if it is the type of evidence commonly relied upon by reasonablyprudent persons in the conduct of their affairs. The code violationnotice, property record, and related documentation in the proper form, or acopy thereof, shall be prima facie evidence of the municipal codeviolation. The officer who issued the code violation citation need not bepresent.
4. An administrative tribunal may not impose incarceration or anyfine in excess of the amount allowed by law. Any sanction, fine or costs,or part of any fine, other sanction, or costs, remaining unpaid after theexhaustion of, or the failure to exhaust, judicial review procedures underchapter 536, RSMo, shall be a debt due and owing the city, and may becollected in accordance with applicable law.
5. Any final decision or disposition of a code violation by anadministrative tribunal shall constitute a final determination for purposesof judicial review. Such determination is subject to review under chapter536, RSMo, or, at the request of the defendant made within ten days, atrial de novo in the circuit court. After expiration of the judicialreview period under chapter 536, RSMo, unless stayed by a court ofcompetent jurisdiction, the administrative tribunal's decisions, findings,rules, and orders may be enforced in the same manner as a judgment enteredby a court of competent jurisdiction. Upon being recorded in the mannerrequired by state law or the uniform commercial code, a lien may be imposedon the real or personal property of any defendant entering a plea of nolocontendere, pleading guilty to, or found guilty of a municipal codeviolation in the amount of any debt due the city under this section andenforced in the same manner as a judgment lien under a judgment of a courtof competent jurisdiction.
