(A) Application for appeal. Any person directly affected by a decision of the ordinance official or a notice or order issued under this chapter shall have the right to appeal to the Nuisance Board provided that a written application for appeal is filed within 10 days after the day the decision, notice, or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means.
(B) Disqualification of member. A Board member shall not hear an appeal in which that member has a personal, professional, or financial interest.
(C) Notice of meeting. The Nuisance Board shall meet to hear the appeal upon proper notice as determined by M.S. Ch. 13D et seq.
(D) (1) Open hearing. All hearings before the Nuisance Board shall be open to the public. The appellant, the appellant's representative, the ordinance official, the ordinance official's representative, and any other person whose interests are affected shall be given an opportunity to be heard.
(2) Procedure. The Nuisance Board shall adopt and make available to the public through the City Clerk/Administrator, procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
(E) Nuisance Board decision. The Nuisance Board shall modify or reverse the decision of the ordinance official only by a vote of a majority of the total number of Board members.
(1) Records and copies. The decision of the Nuisance Board shall be recorded. Copies shall be furnished to the appellant and to the ordinance official.
(2) Administration. The ordinance official shall take immediate action in accordance with the decision of the Nuisance Board.
(F) Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Clerk/Administrator.
(G) Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the Nuisance Board.
(Ord. 336, passed 6-6-2016)