Ord #253 - 3rd Ser/Administrative Appeal

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CITY OF ORONO HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 53 AN ORDINANCE AMENDING SECTIONS RELATED TO ADMINISTRATIVE APPEAL: SECTIONS 2-41,66-253, and 78-96 OF THE ORONO CITY CODE THE CITY COUNCIL OF THE CITY OF ORONO ORDAINS: SECTION 1. Title I, Article II, Sec. 2-41 of the Orono City Code is amended as follows, underlined language is an addition and strikethrough language is removed: Sec. 2-41. - Right to administrative appeal. 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. 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 ten days following the decision. Failure to file an appeal within ten 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.; code enforcement letters that warn a person of a potential criminal, civil, or administrative penalties; or any matter regarding a pending or actual criminal charge based on a violation of this code.