(A) The City Council must periodically approve a list of persons, from which the City Manager or designated agent will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. A person who has been issued a citation has the right to request, no later than five days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted automatically by the City Manager or designated agent. A subsequent request must be directed to the assigned hearing officer who will decide whether the hearing officer can fairly and objectively review the case. The person issuing the citation may request the removal of a hearing officer only if the hearing officer cannot fairly and objectively review the case. If such a finding is made, the officer must remove that officer from the case, and the City Manager or designated agent must assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by M.S. § 609.415. The hearing officer must not be an employee of the city. The City Manager or designated agent must establish a procedure for evaluating the competency of the hearing officers, including comments from citizens and city staff. These reports must be provided to the City Council.
(B) Upon the hearing officer’s own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance.
(C) Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence do not apply. The hearing officer must record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
(D) The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors:
(1) The duration of the violation;
(2) The frequency or recurrence of the violation;
(3) The seriousness of the violation;
(4) The history of the violation;
(5) The violator’s conduct after issuance of the notice of hearing;
(6) The good faith effort by the violator to comply;
(7) The economic impact of the penalty on the violator;
(8) The impact of the violation upon the community; and
(9) Any other factors appropriate to a just result.
(E) The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that the violation caused a serious threat of harm to the public health, safety, or welfare or that the accused intentionally and the unreasonably refused to comply with the code requirement. The hearing officer’s decision and supporting reasons must be in writing.
(1) The failure to pay the fine or request a hearing within seven days after the citation, or the failure to attend the hearing, constitutes a waiver of the violator’s rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of “good cause”: death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. “Good cause” does not include: forgetfulness and intentional delay.
(2) The decision of the hearing officer is final without any further right of administrative appeal, except for matters subject to administrative review under § 37.06. In a matter subject to administrative review under § 37.06, the hearing officer’s decision may be appealed to the City Council by submitting a request in writing to the City Manager or designated agent within seven days after the hearing officer’s decision.
(F) If a person who receives an administrative citation requests an administrative hearing, the Administrative Enforcement Program Coordinator will grant an automatic stay of the fine for one year if the following conditions are met:
(1) No same or similar code violations have occurred at the property within the previous 24 months.
(2) No code violations currently exist at the property as determined by city staff.
(3) The code violation does not constitute an immediate health or safety hazard.
(4) The responsible party agrees to allow city staff to enter all areas of the property for which the administrative citation was issued for purposes of inspecting the property to ensure compliance.
(5) The responsible party admits that the code violation(s) existed and agrees to have the administrative citation fine stayed for a period of one year from the date issued.
(6) If there are no same or similar code violations within one year, the Administrative Enforcement Program Coordinator will dismiss the administrative fine.
(7) If there are same or similar code violations within one year as determined by city staff, the stayed administrative citation fine will be re-imposed and the amount will be due and payable within 14 days.
(8) The responsible party must complete and return to City Hall the approved automatic stay agreement form within 14 days after receiving it from the Administrative Enforcement Program Coordinator. A responsible party who fails to return the signed agreement within the 14-day period will no longer be eligible to participate in the automatic stay process and an administrative hearing will then be scheduled.
(9) If the property for which the administrative citation was issued is sold to a new owner during the period of the automatic stay, all stayed fines will be dismissed.
(10) Automatic stays will not be granted for tobacco and alcohol compliance, false alarm or ruptured gas line citations.
('72 Code, § 903:60) (Ord. 1998-881, passed 7-22-98; Am. Ord. 2012-1136, passed 3-26-12)