(A) The City Clerk, upon receipt of a proper notice of appeal, shall stay any fine or abatement action until the time for appeals under this section has run.
(B) Within ten days of the date of the citation or prior to the deadline for compliance, whichever is sooner, any party aggrieved by the citation may appeal the citation to the Board. The appeal must comply with § 10.34(D), and must be served in person or by U.S. Mail on the City Clerk.
(C) Upon receipt of a proper appeal under division (B), the City Clerk shall place the matter before the Board for a hearing which shall be held no earlier than ten days after receipt of the notice, unless otherwise agreed to by the parties. Notice of the hearing must be served in person or by U.S. Mail on the person or persons to whom the citation was issued. At the hearing, the parties may present documents and testimony, and may question witnesses, and the Mayor shall preside over the hearing. The Board must record the hearing and receive testimony and exhibits. The Board must rule by majority vote on objections, and receive and give weight to evidence, including reliable hearsay evidence that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. The hearing may be continued from time to time at the discretion of the Board.
(D) At any time before the hearing, or before the hearing is adjourned, the Code Compliance Official may modify the citation to change counts or include additional counts, with notice to the person bringing the appeal. If not made during the hearing, the notice must be in writing and given to the person or served by U.S. Mail.
(E) The Board must affirm or rescind the citation, as it may have been modified under division (D), and provide written notice of its determination to the parties. If a citation consists of more than one count, the Board may consider each count independently. A majority of the members present must agree in order to affirm a citation or any particular count. A failure to adopt a motion to affirm constitutes a rescission. The Board may reconsider the motion to affirm at any time before the hearing is finally adjourned. The Board's determination, if the citation or any particular count of the citation is affirmed, revokes the stay of the applicable fine and compliance dates, if any, and payment and compliance must occur within ten days of the date of the notice of determination, unless an aggrieved party perfects a court-ordered stay with the deposit of an appropriate supersedeas bond under the Minnesota Rules of Civil Procedure.
(F) The Board's decision is final without any further right of administrative appeal. Further appeal shall only be by writ of certiorari to the Minnesota Court of Appeals.
(Ord. passed 4-5-21)