A Fargo city board that reviews property ordinance violations is illegal, the North Dakota Supreme Court ruled Wednesday.
The court ruled that the Administrative Enforcement Board is not authorized by state law. It reversed an earlier district court judgment that upheld the board's decision to fine Mitch Malme Investments for violations the city found at a rental property.
The board, made of three lay people, heard appeals from property owners who were notified of ordinance violations, Assistant City Attorney Patricia Roscoe said.
"We'll certainly examine the program in light of the Supreme Court's opinion," she said.
The city always had the authority to charge people accused of violating the ordinances criminally, "which seems quite harsh," she said.
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According to the Supreme Court opinion, Fargo's Building Inspections Department found building and land development code violations at a Malme rental property in 2005.
The city notified Mitch Malme, the registered agent for the company. After determining that the violations had not been corrected by deadline, officials sent a citation to Malme, who appealed and received two hearings.
He contested the alleged violations and challenged the board's authority, based on "numerous constitutional and statutory grounds."
The three-person board denied Malme's appeal and imposed a fine. Malme appealed to district court and then the state Supreme Court.
The Supreme Court noted that Fargo's home rule charter allows the city to define offenses, create penalties and adopt ordinances, but it doesn't address whether the city can create an administrative system to handle alleged ordinance violations.
Fargo argued it had "inherent authority" to delegate authority to administrative boards. The court disagreed and found the board's responsibilities went against a state law giving municipal judges jurisdiction to determine offenses against cities.
Justice Daniel Crothers wrote the board lacked "authority to adjudicate Malme's alleged violations of Fargo's municipal ordinances."
Jonathan Garaas, a Fargo attorney representing Malme, said his client now feels vindicated.
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"Everybody else who has been subjected to the improper and subjective action by the city of Fargo should also be talking to their lawyers," Garaas said.
Readers can reach Forum reporter Andrea Domaskin at (701) 241-5556
