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(A) There shall be established a Municipal Service Fee Appeals Board, consisting of three members whose terms shall be two years. The term of the initial Board members shall end on June 30, 2001. One member shall be a Council member selected by the Mayor, one shall be a representative of the Chamber of Commerce, and the third shall be a resident of the city selected by Council. Members shall serve at the will and pleasure of Council. Any vacancy for whatever cause shall be filled by an appointment made by the official that appointed the individual that is no longer on the Board.
(B) The Board shall have the power to correct the amount of the fees charged whenever there has been an error of fact or law in the calculation or billing based upon evidence presented at a protest hearing as provided in this subchapter. The determination and order of the Board shall be by a majority vote of the members present and voting.
(Ord. passed 3-2-2009)
(A) Any user who feels aggrieved by any charge to his or her municipal service fee account may protest the same by filing written notice of such protest with the City Treasurer setting forth his or her objections thereto and the reasons therefor, on of before the due date of his or her next installment payment. The City Finance Manager shall review such user’s account, render a decision on the protest, and forthwith notify the user of such decision in writing within 15 days of the filing of the protest. If the user is still aggrieved, he or she may, within 15 days of the date of the Finance Manager’s decision, petition the Municipal Service Fee Appeal Board, who shall set a date and a time for hearing on the protest, which hearing shall be held within 30 days from the filing of such appeal.
(B) The Appeal Board shall hear evidence relevant to the protest and shall render its decision on the issues raised at said hearing within 20 days after the hearing, giving notice of its decision in writing to the user and to the city’s Finance Manager. The user may, within 30 days from the date of the decision of the Appeal Board, file a petition, duly verified, with a court of competent jurisdiction, requesting review of the Board’s decision. If no such petition be filed within 30 days, the decision of the Appeal Board shall become final and conclusive. Nothing herein shall be construed to prohibit the accrual during the course of this appeal process of any penalty upon the balance of any account ultimately found to be properly charged.
(Ord. passed 3-2-2009)
(A) Any person violating any provisions of this chapter for which no other penalty is provided shall be subject to the provisions of § 10.99.
(B) (1) If any person shall violate or fail to comply with any provision of the Fire Prevention Code or any notice or order issued pursuant thereto, he or she shall, upon conviction, be punished by a fine not exceeding $100, or other amount deemed appropriate by the Municipal Court, or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment, and each day such violation shall continue shall constitute a separate offense.
(2) The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, addition, alteration, conversion, removal, demolition, maintenance, or use or to restrain, correct, or abate a violation, or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct, business, or use in or about any premises.
(Prior Code, § 11-29)
(C) (1) Any person violating any of the provisions of §§ 95.090 to 95.094, or refusing or neglecting to pay the assessments herein provided to be paid, or failing or refusing to abide by and comply with any of the rules and regulations promulgated by the Common Council to effectuate the provisions of §§ 95.090 to 95.094 shall, upon conviction thereof, be fined not less than $100, or other amount deemed appropriate by the Municipal Court, in addition to the cost of prosecution, and each successive day a violation of §§ 95.090 to 95.094 exists shall constitute a new and separate offense.
(2) As a further penalty, the Common Council shall cause to be published in a local paper the names of those, if any, who have not paid any assessment imposed by §§ 95.090 to 95.094.
(Prior Code, § 11-49)