Ord #178 - 3rd Ser/Appeal timing - clean 2 0

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ORDINANCE NO. ___, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING THE CITY ORDINANCE PERTAINING TO FILING OF ADMINISTRATIVE, ZONING, AND SUBDIVISION APPEALS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 2-41 Right to administrative appeal is hereby amended to read as follows: Except as otherwise provided, if any person shall be aggrieved by any administrative decision of the city administrator or any other city official, or any board or commission not having within its structure an established review schedule or an appellate procedure, such aggrieved person is entitled to a full hearing before the council upon serving a written request upon the mayor and city clerk at least seven days prior to any regular council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. An appeal under this section shall be filed no later than 10 days following the decision. Failure to file an appeal within 10 days of the decision shall constitute a waiver of the person’s right to a hearing. A hearing on the appeal shall occur at the next regularly scheduled council meeting that is at least seven days after the appeal is served. At such hearing, the appellant may present any evidence he deems pertinent to the appeal; but the city shall not be required to keep a verbatim record of the proceedings. The mayor, or other officer presiding at the hearing, may, in the interest of justice or to comply with time requirements and on the mayor's own motion or the motion of the appellant, the city clerk, or a member of the council, adjourn the hearing to a more convenient time or place; but such time or place shall be fixed and determined before adjournment so as to avoid the necessity for formal notice of reconvening. An employee of the city who is aggrieved by an action or decision of another city employee that relates to their employment shall exhaust the grievance procedures set forth in the administrative and personnel policy before requesting a hearing before the city council. The city council's decision on appeal may only be appealed to the Minnesota Court of Appeals. This Section shall not apply to hearing officer decisions under Section 50-32; decisions of an administrative officer under Chapter 78; decisions of an administrative officer under Chapter 82; or decisions of the planning director under Section 78-1604. SECTION 2. Section 18-111 Revocation Subsection (e) is hereby amended to read as follows: (e) [Purposely left blank] Any person whose permit is revoked may appeal that revocation to the city council by filing notice of such appeal with the city clerk within ten days of the date the revocation was mailed or delivered. SECTION 3. Section 42-168 User fee sub paragraph (b) is hereby amended to read as follows: (b) Any alarm user required by the city to pay a user fee as the result of a false alarm may make a written appeal of the false alarm charge to the chief of police within ten days of notice from the city of the false alarm charge. Following review and determination by