HomeMy WebLinkAboutOrd #178 - Appeal Timing ORDINANCE NO. 178, 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
structur� 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�*'���*��.,^^ a�.,� ^�:^-F^ �^„-�^,.'^-�^,.^^:� ^���*�^^. 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 davs followin�the decision. Failure
to file an apqeal within 10 davs of the decision shall constitute a waiver of the person's ri�ht to
a hearin�. A hearin�on the appeal shall occur at the next re�ularlv scheduled council meetin�
that is at least seven davs after the apqeal 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 tFte 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
citv council's decision on aapeal mav onlv be appealed to the Minnesota Court of Appeals.This
Section shall not anplv to hearin�officer decisions under Section 50-32; decisions of an
administrative officer under Chaater 78; decisions of an administrative officer under Chapter
82�or decisions of the plannin�director under Section 78-1604.
SECTION 2. Section 18-111 Revocation Subsection (e) is hereby amended to read as follows:
(e) (Purposely left blankJ
SECTION 3. Section 42-168 User fee sub paragraph (b) is hereby amended to read as follows:
(b) Anv alarm user required bv the citv to qav a user fee as the result of a false alarm mav
make a written appeal of the false alarm charQe to the chief of police within ten davs of
notice from the citv of the false alarm char�e.
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SECTION 4. Section 50-32 Violations Subsection (b) is hereby amended to read as follows:
(a) Hearinqs. If a person accused of violatin�this article so reauests within 10 davs of receipt
of a citation,a hearin�shall be scheduled,the time and place of which shall be published
and�rovided to the accused violator. Failure to file an appeal within 10 davs of the
citation shall constitute a waiver of the nerson's ri�ht to a hearin�.
SECTION 5. Section 66-225 Denial of permit Subsection (b) is hereby amended to read as
follows:
(b) The citv administrator or desiQnee shall act promptiv upon a timelv filed apqlication for a
parade or special event permit, but in no event shall�rant or deny a permit less than 48
hours prior to the parade or special event and shall include reasons for denial.Aa�
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SECTION 6. Section 70-5 Abatement procedure Subsection (b) is hereby amended to read as
fol lows:
(b) Summary abatement.The city administrator or designee may provide for abating a public
nuisance without following the procedure required in paragraph(a)above when:
(1)There is an immediate threat to the public health or safety;
(2)There is an immediate threat of serious property damage;or
(3)A public nuisance has been caused by private parties on public property.
If the city administrator or designee abates the nuisance under this section, he must
reasonably attempt to notify the owner,occupant,or other responsible party of the intended
action and the right to appeal the abatement and any cost recovery��*"^ ^^�*��^��'��'.,
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SECTION 7. Section 70-129 Approval is hereby amended to read as follows:
All permits are subject to the approval of the city administrator upon recommendation of
the chief of police. .
SECTION 8. Section 70-131 Notice to owners of surrounding property is hereby amended to
read as follows:
An annual permit shall require notice to be given to surrounding property owners and an
opportunity for them to object prior to issuance of a permit under this subdivision, but such
objections shall not require the permit to be withheld.
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SECTION 9. Section 78-96 Board established Subsection (a) is hereby amended to read as
follows:
(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.
SECTION 10. Section 78-99 Appeals procedures is hereby amended to read as follows:
The decisions of the board on requests for variances are advisorv and will automaticallv proceed
to the council for review.The decisions of the board on appeals are bindin�. The applicant or
other person or officers of the citv affected mav appeal a bindin�decision of the board to the
council bv filin�a written notice statin�the action aqqealed from and statinQ the sqecific
�rounds upon which the appeal is made.The notice shall be accompanied bv a fee in the
amount prescribed bv the current citv fee schedule payable to the citv, which fee shall not be
refundable. An aqpeal under this section shall be filed no later than 10 davs followin�the
decision of the board. Failure to file an appeal within 10 davs of the decision shall constitute a
waiver of the qerson's ri�ht to a hearin�.
SECTION li. Section 78-100 Subdivisions is hereby amended to read as follows:
(Purposelv left b/ankl
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SECTION 12. Section 78-143 Review process Subsection (2) is hereby amended as to read
follows:
(2) Planning and zoning coordinator. The planning and zoning coordinator shall make a
decision on site plans reviews to change the use of a building or parcel of land;to modify
the interior or exterior of a building or site or land feature in any manner that results in a
different site design or intensity of use, including the requirement for additional parking
or to enlarge a building by less than ten percent of its gross floor area.The planning and
zoning coordinator shall have the authority to refer an administrative site plan review to
the city council for decision.
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SECTION 13. Section 78-1134 Subdivisions Subsection (b) is hereby amended to read as
follows:
(b) Administrative review.The citv council shall hear and decide aqqeals where it is
alle�ed there is error in anv order, reauirement, decision, or determination made bv
an administrative official in the enforcement or administration of this article.An
appeal must be filed within 10 davs of the administrative official's order,
requirement, decision, or determination. Failure to file an aqpeal within 10 davs of
the decision shall constitute a waiver of the qerson's ri�ht to a hearin�.
SECTION 14. Section 78-1285 Vegetation alterations Subsection (a)is hereby amended to read
as follows:
(b) No live tree within 75 feet of the shoreline or within the bluff impact zone with a
diameter of six inches or more(or 19 inches in circumference or greater) measured three
feet above the ground may be removed without first obtaining a permit from the city
staff, provided that at least the equivalent number of replacement trees of a size and
nature found acceptable to the staff are planted at the same setback from the shoreline
as those removed.A��eals e�s�aff�e�er�ir�ataens,a��e*�•^� � ^a ^ �"*.,^'*"�*����
,
' . Removal of trees that are dead shall not require a
permit, but such trees must be inspected by city staff prior to their removal.
SECTION 15. Chapter 82 Article II is hereby amended by the addition of the following Section
82-51:
Sec 82-51.—Appeals.
The zonin� board of aqpeals and adiustments established in Section 78-96 shall also serve as
the subdivision board of aqpeals and adiustments.The board has the followin� powers with
respect to the subdivision re�ulations:
(1) To hear and decide appeals where it is alle�ed that there is an error in anv
order, requirement, decision or determination made bv an administrative
officer in the enforcement of chanter 82. An appeal under this section shall
be filed no later than 10 davs followin�the order, requirement, decision or
determination. Appeals to the board of appeals and adiustments mav be
taken bv any affected person upon compliance with anv reasonable
conditions imposed bv the subdivision re�ulations. Failure to file an appeal
within 10 davs of the decision shall constitute a waiver of the person's ri�ht
to a hearinQ.
(2) To hear requests for varvin�the re�ulations as thev applv to specific
properties where an unusual hardship on the land exists, but variances mav
be�ranted onlv upon the specific�rounds set forth in the subdivision
re�ulations. Unusual hardshiq includes but is not limited to inadeauate access
to direct sunli�ht for solar ener�v svstems.
The procedures set forth in Sections 78-97 throu�h 78-99 applv to determinations of the
subdivision board of appeals and adiustments.
SECTION 16. Section 82-85 Appeal to the council Subsection (d)(3) is hereby amended to read as
follows:
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SECTION 17. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and
publication.
ADOPTED this 10th day of October,2016 on a vote of 5 ayes and 0 nays by the City Council
of Orono, Minnesota.
ATTEST:
Diane Tiegs, City Clerk
Ordinance published in The Laker and The Pioneer newspapers the week of October 22, 2016.
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