05-23-1988 - Agenda Packet City Council - regular meeting

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C. Formal Department of Administration Appeal As stated above, Minn. Stat. § 16B.67 empowers a party to appeal a local decision on code enforcement to the Commissioner of the Department of Administration. Minn. Stat. § 16B.67 (1987). An aggrieved person has 180 days from the municipality's "final decision" to make this appeal. Id. The Department of Administration has set out detailed procedural requirements for initiating an appeal. See Minn. Code Agency R. § 1300.0500 (1987). The local ruling is subject to de novo review by the Commissioner, who must submit written findings of his decision to the parties. Minn. Stat. § 16B.67 (1987). Upon filing the matter is immediately referred to the Office of Administrative Hearings. Minn. Code Agency R. § 1300.0800, subp. 3 (1987). An administrative maw judge (ALJ) holds a contested case proceeding on the matter under the procedures set out in the Administrative Procedure Act. Following the contested case hearing, the ALJ submits a report to the Commissioner who renders a decision. As a practical matter, the Commissioner almost always follows the ALJ's recommendations on code enforcement issues. According to the Department of Administration, the Minnesota Legislature just passed a law imposing costs (excluding attorney fees) for building code appeals on the losing party. D. Judicial Appeal Persons aggrieved by the Commissioner's ruling may appeal for judicial review. Minn. Stat. § 16B.67 (1987); Minn. Stat. § 14.63 (1987). Judicial review of an Agency decision is controlled by the Administrative Procedure Act. Id. The court, therefore, has a limited scope of review and may determine rnly if the agenc- decision is arbitrary and capricious, and if it complies with the ageacy's scope of authority, procedural requirements, and constitutional provisions. See Minn. Stat. § 14.69 (1987). I I I . APPL I Lr IN TRINITY LUTHEP LURCH Trinity Lutheran Church :seeks a building permit for a large addition to the church. Vita City of Orono's building official, Tom Jacobs, has determined that a sprinkler system will be required in both the addition and the original structure. The church has tried to obtain a variance from this ruling through the Planning Commission and the City Council. Two essential threshold issues include whether there is authority for a variance from the State Building Code requirements and, if so, who has authority to grant such a variance. The UBC: permits the building ofticial some discretion in limited circumstances. -3-