§ 23.19 APPEAL.
   (a)   An , former , or may appeal from a determination by filing an appeal in writing with the City Attorney's Office within 21 days of the date of service of the determination. Failure by the to file a timely, written appeal shall constitute admission to the violation, and the violation shall be deemed final upon expiration of the 21-day period.
   (b)   Upon an appeal of the City Attorney's determination, the City Attorney's Office shall refer the matter to an administrative hearing officer pursuant to Chapter 1 of the City Code.
   (c)   In such appeal, the hearing officer shall consider the record submitted to it by the City Attorney's Office, the written statements of positions by the parties involved, and may, in the discretion of the hearing officer, take testimony to resolve issues of credibility or factual disputes and hear oral arguments. The hearing officer shall reverse the City Attorney's Office's determination only upon a finding that it is clearly erroneous. The hearing officer's decision of the appeal shall constitute the city's final decision without any further right of administrative appeal.
   (d)   The City Attorney's Office shall notify the and the or other person who filed the suspected violation report at issue of the hearing officer's decision.
   (e)   An or , to the extent provided by law, may appeal the hearing officer's decision by petition for writ of certiorari to the Minnesota Court of Appeals pursuant to M.S. § 606.01, as it may be amended from time to time.
   (f)   If there is no appeal of the City Attorney's Office's determination, the determination shall constitute the city's final decision. A failure to appeal the City Attorney's Office's determination by either the , former , or shall constitute a failure to exhaust administrative remedies, which shall serve as a complete defense to any petition or claim regarding the City Attorney's Office's determination.
(Ord. 2022-31, passed 6-6-2022)