HomeMy WebLinkAboutOrd #253 - 3rd Ser/Administrative Appeal 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.
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.
SECTION 4. This ordinance shall be effective FektQy
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ADOPTED this day of iU/(,lar , 2021, by the City Council of the City of
Orono. J
CITY '! ORONO
40/9
BY:
Dennis Walsh, Mayor
AT ST:
Anna Carlson, City Clerk