Laserfiche WebLink
<br />tying it in to the noise control ordinance to <br />the extent it is found feasible. If there is <br />some officer other than the [police <br />department, building inspector, or other <br />specified officer or agency], who might <br />better perform the task of administering the <br />variance provisions, such as the city <br />manager, administrator, environmental <br />commission, planning commission, or a <br />special ad hoc board, such an officer or <br />board may be substituted in this section. <br /> <br />Subd. 4. Appeals. Either the applicant or any <br /> <br />, I <br /> <br />party aggrieved may, within 20 days of the <br /> <br />decision on the variance application, appeal to the <br /> <br />city council for a review of the decision. The <br /> <br />appeal shall be filed in writing with the city clerk. <br /> <br />The appeal shall be heard as soon as practicable <br /> <br />and within 20 days of the filing of the appeal, and <br /> <br />the applicant and any person who has filed a <br /> <br />statement on the application for a variance with the <br /> <br />[police department, building inspector, or other <br /> <br />specified officer or agency] shall be given at least <br /> <br />10 days mailed notice of the time when and place <br /> <br />where the appeal will be considered by the council. <br /> <br />The council may affirm, modify, or overrule the <br /> <br />action of the [police department, building <br /> <br />inspector, or other specified officer or agency] on <br /> <br />the basis of the criteria set out in Subdivision 3. <br /> <br />Comment: Ordinances that include provisions <br />for taking care of hardship cases usually <br />provide for appeals from administrative <br />rulings on the application for an exception <br />from ordinance requirements. Typically <br />this appeal is to the city council, but some <br />cities provide for appeals to a higher <br />administrative officer or agency either <br />before or in lieu of appeal to the council. <br /> <br />Section 9. Enforcement. Subdivision 1. <br /> <br />Notice of certain violations. When the [police <br /> <br />department, building inspector, or other specified <br /> <br />officer or agency] determines that a noise exceeds <br /> <br />the maximum sound level permitted under Section <br /> <br />4, he or she shall give written notice of the <br /> <br />violation to the owner or occupant of the premises <br /> <br />where the noise originates and order such person to <br /> <br />correct or remove each specified violation within <br /> <br />such reasonable time as is prescribed in the notice. <br /> <br />The failure to remove or correct any such violation <br /> <br />within the time so prescribed constitutes a <br /> <br />violation of this ordinance. <br /> <br />Comment: Until the determination by the <br />officer that there is a violation of the sound <br />level requirements of Section 4, the person <br />responsible may not know that a violation <br />exists, particularly when the ordinance <br />first goes into effect. This section is <br />included, therefore, to ensure the person <br />responsible has an opportunity to correct <br />the condition before any prosecution is <br /> <br />12 <br />