Upon receipt of the written appeal, the City Administrator will refer the matter to an independent hearing officer (which may be a city employee) or may, with the consent of the person who is the subject of the notice of code violation, designate himself or herself or an individual or panel as the hearing officer(s). Appeals involving the interpretations of the State Fire or Building Code provisions may be conducted through appeal procedures established under those codes.
(A) Scheduling the hearing. The City Administrator or designee shall schedule a hearing before the hearing officer(s), which will be held within 30 calendar days, unless otherwise agreed to in writing by the parties. The City Administrator or designee shall promptly notify the person appealing of the date, time, and location of the hearing, and that failure to appear for the scheduled hearing may result in a finding of default of the violation and forfeiture of the appeal filing fee.
(B) Conduct of the hearing. At the hearing, both parties may be represented by counsel, shall have the opportunity to present testimony, shall be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply. The hearing shall be recorded and a full record of the proceedings shall be maintained by the city according to its data retention schedule. Except as otherwise provided in this section, any costs incurred are the responsibility of the individual.
(C) Authority of hearing officer(s). The hearing officer(s) has the authority to do any of the following or a combination thereof:
(1) Make a finding that a violation has occurred;
(2) Impose, reduce, stay, or waive any fees or civil penalties either unconditionally or upon compliance with reasonable conditions;
(3) Require compliance with this code within a specified time frame;
(4) Make a finding that no violation has occurred and dismiss the notice of violation; and/or
(5) Suspend, revoke, deny or approve the licenses.
(D) Decision and order. The hearing officer(s) may announce a decision at the conclusion of the hearing or may take the matter under advisement. The hearing officer(s) shall issue a decision in the form of an order and shall serve a written copy of the order upon the parties no later than ten calendar days after the hearing. Any fee or civil penalty the hearing officer(s) imposes must be paid to the city within the time frame established in the order. If no date is specified, it must be paid within 30 calendar days of the order of the hearing officer(s). If the fee or civil penalty is not paid, the city may assess outstanding amount against the owner’s property pursuant to M.S. Ch. 429, as it may be amended from time to time. If the hearing officer(s) determines that no violation occurred, then the city may not proceed with criminal prosecution for the same act or conduct. The decision of the hearing officer(s) is final unless appealed in writing to the City Council within ten calendar days of the issuance of the decision. The decision of the hearing officer(s) is final except for liquor license decisions, those are recommendations to the City Council to consider final action.
(E) Hearing fee. If the violation or adverse action is overturned, the hearing officer(s) may order the refunding of the filing fee or any portion thereof. If the violation is upheld, then the owner, licensee, or other person must pay the cost of the hearing if an independent hearing officer was utilized. The initial filing fee will be credited toward these costs. No additional costs are to be recovered if the City Administrator or panel hears the request. If the fee is not paid within 30 calendar days, the city may assess the fee against the property pursuant to M.S. Ch. 429, as it may be amended from time to time.
(F) Failure to appear. Failure to appear at the hearing shall result in a default judgment against the party who fails to appear. If the person filing the appeal fails to appear, the violation shall be sustained, the filing fee forfeited, and any proposed enforcement action may be implemented by the city. If the city fails to appear, the violation shall be dismissed.
(G) Failure to comply with decision and order. Delinquent civil penalties may be assessed against the property pursuant to M.S. Ch. 429, as it may be amended from time to time or other lawful means. The city may pursue criminal charges for uncorrected violations noted in the decision and order.
(Ord. 86, Seventh Series, passed 10-7-2019)