ORDINANCE NO. 287

ORDINANCE NO. 287
AN ORDINANCE REPLACING
LESTER PRAIRIE MUNICIPAL CODE SECTION 5.7.13.1 - 5.7.13.2 OF THE LESTER PRAIRIE MUNICIPAL CODE REGARDING RENTAL HOUSING
VIOLATION APPEALS.
THE CITY COUNCIL OF THE CITY OF LESTER PRAIRIE, MINNESOTA DOES ORDAIN THE FOLLOWING PROVISIONS TO BE CODIFIED AS 5.7.13.1 - 5.7.13.5 OF THE CITY CODE WHICH REPLACES 5.7.13.1 - 5.7.13.2 ESTABLISHING AN
APPEAL PROCESS FOR RENTAL PROPERTY VIOLATIONS CONTAINED
IN 5.7 OF THE CODE.
Section 1:
The City Council in the City of Lester Prairie ordains:
“Section 1, 5.7.13.1 Appeal. Any person may appeal from any notice, order, decision, or determination of the code official or housing inspector. Said appeal shall be made in writing and submitted to City Hall within ten calendar days of any notice, order, decision or determination of the code official or housing inspector of a violation of the rental housing ordinance.
5.7.13.2 Time Allotted for Appeal. The City Clerk shall determine whether the appeal has been filed within ten days and is timely. If it is determined that the appeal has not been filed timely, the City Clerk will file a report to be reviewed by the City Council at the next City Council meeting and a motion may be made to disallow the appeal.
5.7.13.3 Scheduling and Noticing Appeal for Hearing. If the Appeal has been timely filed or allowed to continue per City Council, the City Clerk shall schedule an appeal hearing no sooner than 14 days from receipt of the appeal and the City Clerk shall mail written notice to the Appellant acknowledging receipt of the appeal, notifying the Appellant of the date, time and place of the hearing. The City Clerk shall deliver a copy of the appeal and a copy of the notice of hearing to the code official/housing inspector.
5.7.13.4 Appeal Hearing. The Lester Prairie City Council shall act as the Appeals Board. At the hearing the following process will be followed:
a. The code official shall introduce the issue, explain the ordinance requirements and summarize the Appellant’s appeal.
b. Appellant shall state his or her case and may provide written submissions and witness testimony to the Appeals Board.
c. The Appeals Board shall vote to:
i. Table the appeal for additional information/review; if the vote is to table for additional information/review, the Appeals Board shall schedule a hearing setting the date, time and place of the next hearing and specify the additional information/evidence requested, specify who will be providing the information and a deadline for the submission. Failure to provide the information by the deadline for submission, the Appeals Board may proceed with the Appeal without the information and make a determination based on the evidence previously received;
ii. Uphold the appeal (which may take into consideration a reduction or conditional suspension of accumulated fines or penalties pursuant to 5.7.3.6.2); or
iii. Deny the appeal.
d. The Appeals Board shall make a decision in writing summarizing its determination within 45 days. The decision shall be placed in the City’s property file and the City Clerk shall mail a copy of the written summary to Appellant and a copy to the code official. If the outcome of the appeal results in work remaining to be completed, a new deadline for compliance shall be established by the code official or as directed by the Appeals Board.
e. If the Appellant fails to appear at the hearing, the Appeals Board may choose to deny the appeal or make a determination based on the written appeal and any documentation provided from Appellant.
5.7.13.5 Fines and or Penalties. Fines and/or penalties established in Section 5.7.3.6.2 may be assessed against the property owner and the appeal process shall not suspend or eliminate the accumulation of fines or penalties.”
Section 2: This ordinance shall take force and be in effect from and after its passage and publication.
Adopted this 11th day of May, 2010.
CITY OF LESTER PRAIRIE
By /s/ Andrew Heimerl, Mayor
ATTEST:
By /s/ Marilyn L. Pawelk, City Clerk
Published in the Herald Journal May 17, 2010.


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