Ord #253 - 3rd Ser/Administrative Appeal

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SECTION 2. Title V, Chapter 66, Article VIII of the Orono City Code is amended as follows, underlined language is an addition and strikethrough language is removed: Sec. 66-253. - Payment. Once notice of an administrative violation is given,the person responsible for the violation shall, within 14 calendar days of issuance of the notice, pay the stated violation penalty to the city. At any time before the payment of the administrative penalty is due,the person who has been given notice of an alleged violation may request to appear before the city council to contest the request for payment of the penalty. After a hearing before the council, the council may determine to withdraw the request for payment or to renew the request for payment. Because the payment of the administrative penalty is voluntary,there shall be no appeal from the decision of the council. A notice of an administrative violation does not include code enforcement letters that warn an individual of possible criminal, civil, or administrative penalties. Further, any criminal matter must be adjudicated through the court system, and may not be appealed to the city council, pursuant to Minn. Stat. §412.861 subd. 1. SECTION 3. Title VI, Chapter 78, Article II of the Orono City Code is amended as follows, underlined language is an addition and strikethrough language is removed Sec. 78-96. -Board established. (a)A zoning board of appeals and adjustments is established. The planning commission is constituted as the board of appeals and adjustments. The board shall have the following powers: (1) To hear and decide appeals from any affected person where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter. (2) To hear requests for variances in accordance with this chapter. (3) To exercise other functions as provided in this chapter. (b) Subject to such limitations as may be imposed by the council, the board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, including the final order. (c)An order, requirement, decision, or determination does not include code enforcement letters that warn an individual of possible criminal, civil, or administrative penalties. Further, any criminal matter must be adjudicated through the court system, and may not be appealed to the city council,pursuant to Minn. Stat. §412.861 subd. 1.