(A) Any person issued an administrative citation under this subchapter shall have the right to appeal the citation by filing a written notice of appeal with the City Administrator/Clerk-Treasurer within seven days of the date of the citation. Upon receipt of the written notice, the City Administrator/Clerk- Treasurer shall schedule the appeal hearing before the City Council within 30 days from the date of the notice.
(B) The appeal will be heard by the City Council. At the hearing, the parties will have an opportunity to present testimony and documentary evidence and question witnesses, but strict compliance with Minnesota Rules of Evidence will not be required. The City Council may impose limitations on the scope of evidence to be allowed, as well as time limits which may apply to the appeal hearings, and any other substantive or procedural elements which the City Council deems appropriate.
(C) The City Council shall issue its findings of fact and conclusions, in writing, within 30 days following the hearing. The City Council, upon finding that an administrative citation was justified, may uphold the citation as issued, or may amend the penalties pursuant to those available in § 36.02 of this code of ordinances. If the City Council finds that the administrative citation was not justified, it may overturn the citation and take any other action it deems reasonably necessary.
(D) (1) The city may suspend or revoke a city-issued license, permit or other approval associated with the violation, subject to any applicable procedural requirements contained in the city code. Suspension or revocation of a license, permit or other approval is authorized regardless of whether additional penalties (such as administrative fines) are imposed for the violation.
(2) A hearing on appeal of a citation will meet any hearing requirement for the suspension or revocation of the license, permit or other approval as long as notice of the hearing includes notice that suspension or revocation will also be considered and no additional hearing will be required.
(E) Failure to attend the appeal hearing constitutes a waiver of the violator’s rights to a hearing and an admission of the violation. The City Council may waive this result upon a showing of good cause. Examples of “good cause” are: 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.
(F) An aggrieved party may obtain judicial review of the decision of the City Council according to any applicable law.
(Prior Code, § 117.09) (Ord. 20200415-01, passed 4-15-2020)