Skip to code content (skip section selection)
Compare to:
927.09. Right to appeal.
   Subdivision 1. When the city mails the billing statement for the repeat nuisance service call fee, the city will inform the owner or occupant of their right to request a hearing.
   Subd. 2. The owner or occupant upon whom the fee is imposed must request a hearing within ten business days of the mailing of the billing statement, excluding the day the statement is mailed. The request for a hearing must be in writing and delivered to the city clerk. The hearing will occur within 14calendar days of the date of the request. If the owner or occupant fails to request a hearing within the time and in the manner required under this section, the right to a hearing is waived. (Amended, Ord. No.13-01)
   Subd. 3. The hearing will be conducted by third-party designee in an informal manner. The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After considering all evidence submitted, the third-party designee will make written Findings of Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service fee. The third-party designee will serve the Findings of Fact and Conclusions upon the owner or occupant and the city clerk by U.S. Mail within five calendar days of the hearing. (Amended, Ord. No. 13-01; Amended, Ord. No. 21-12)
   Subd. 4. The right to a hearing is waived if the appellants fail to appear at the scheduled hearing date, unless prior contact is made to the city clerk requesting reschedule at least 24 hours prior to the hearing. (Amended, Ord. No. 21-12)
   Subd. 5. Upon waiver of the right to hearing under subdivision 2 or 4 or upon service of the hearing officer’s Findings of Fact and Conclusions that the repeat nuisance call service fee is warranted, the owner or occupant must pay the fee imposed within ten calendar days of service in the manner required by Minnesota Rules of Civil Procedure or service by U.S. Mail upon the owner or occupant at the last known address. (Amended, Ord. No. 13-01; Amended, Ord. No. 21-12)