2021_0208_CCPacket - Laserfiche WebLink

Home

Attachment D 341 a.Upon issuance of a citation, a person accused of violating this 342 ordinance may request in writing a hearing on the matter. Hearing 343 requests must be made within 10 business days of the issuance of the 344 citation and delivered to the City Clerk or other designated city 345 officer. Failure to properly request a hearing within 10 business days 346 of the issuance of the citation will terminate the person’s right to a 347 hearing. 348 b.The City Clerk or other designated city officer will set the time and 349 place for the hearing. Written notice of the hearing time and place will 350 be mailed or delivered to the accused violator at least 10 business 351 days prior to the hearing. 352 3.Hearing Officer. The City Council will designate a hearing officer. The 353 hearing officer will be an impartial employee of the city or an impartial person 354 retained by thecity to conduct the hearing. 355 4.Decision. A decision will be issued by the hearing officer within 10 business 356 days of the hearing. If the hearing officer determines that a violation of this 357 ordinance did occur, that decision, along with the hearing officer’sreasons for 358 finding a violation and the penalty to be imposed, will be recorded in writing, a 359 copy of which will be provided to the city and the accused violator by in- 360 person delivery or mail as soon as practicable. If the hearing officer finds that 361 no violation occurred or finds grounds for not imposing any penalty, those 362 findings will be recorded and a copy will be provided to the city and the 363 acquitted accused violator by in-person delivery or mail as soon as practicable. 364 The decision of the hearing officer is final, subject to an appeal as described in 365 section 11, division (A)(6) of this section. 366 5.Costs. If the citation is upheld by the hearing officer, the city’s actual expenses 367 in holding the hearing up to a maximum of \[ $1,000 \] must be paid by the 368 person requesting the hearing. 369 6.Appeals. Appeals of any decision made by the hearing officer must be filed in 370 Ramsey County district court within 10 business days of the date of the 371 decision. 372 7.Continued violation. Each violation, and every day in which a violation occurs 373 or continues, shall constitute a separate offense. 374 B.Administrative penalties. 375 1.Licensees. Any licensee found to have violated this ordinance, or whose 376 employee violated this ordinance, will be charged an administrative fine of \[ 377$1,000 for a first violation; \[ $2,000\] for a second offense at the same 378 licensed premises within a 36-month period; and \[ $2,000 \] for a third or 379 subsequent offense at the same location within a 36-month period. Upon the 380 second violation, the license will be suspended for a period of 3 consecutive 381 days. Upon the third violation, the license will be suspended for a period of 7 382 consecutive days.. Upon a fourth violation, the license will be revoked.(Ord 383 1594 12-07-2020) 384 2.Other individuals. Individuals, other than persons under the age of 21, who are 385 found to be in violation of this ordinance will be charged an administrative fine 386 of \[ $250\].(Ord 1594 12-07-2020)