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(A) Right to appeal. Any owner, manager or tenant may appeal from any notice and order or any action of the Code Official or Health Officer under this subchapter by filing an appeal to the City Administrator/Clerk/Treasurer. A written appeal to the City Administrator/Clerk/Treasurer shall consist of a brief statement in ordinary and concise language regarding the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
(B) Time allotted for appeal. The appeal shall be filed within 14 days or within the time of correction as allowed by the Code Official, whichever is shorter, from the date of the service of such order or action of the Code Official.
(C) Notice of hearing. Notice of a hearing will be served by first class mail to the appealing party no less than 20 days in advance of the scheduled hearing, unless a shorter period of time is agreed upon. Service shall be deemed complete upon depositing the notice of hearing in the U.S. mail, properly addressed to the last known address of the person requesting the hearing.
(D) Hearing procedures. The hearing will be in front of the City Council. At the hearing, the party appealing shall have the opportunity to present testimony and question any witnesses, but the strict rules of evidence shall not apply. The City Council shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
(E) Authority on appeal. The City Council has the authority to determine that a violation did or did not occur, to dismiss a citation, to impose the scheduled fine or to reduce, stay or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions.
(F) Decisions on appeal. The City Council shall issue a decision in writing to the appealing party within ten days of the hearing. Any fines or penalties imposed must be paid no later than 30 days of the date of the order. The decision of the City Council is final and may only be appealed to the state’s Court of Appeals by petitioning for a writ of certiorari pursuant to M.S. § 606.01, as it may be amended from time to time.
(Ord. 83C, passed 2-16-2011)