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Last modified
9/21/2010 12:48:07 PM
Creation date
9/21/2010 12:48:07 PM
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
9/20/2010
Ordinance #
1396
City Code Chapter Amendment
C 511 S314.05
Ordinance Summary
Repeat Nuisance
Ordinance Date Passed
9/20/2010
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in addition to all other remedies available at law or in equity for the collection of such fee, the <br />following remedies: <br />1. Seek a monetary judgment and collection thereof from such owner and/or occupant, <br />or <br />2. Assess the property which was the subject of the nuisance conduct pursuant to Minn. <br />Stat. § 429.101. <br />Failure of a person to pay a repeat nuisance service call fee shall be grounds for the denial of a <br />license which is related to the nuisance conduct for which the repeat nuisance service call fee <br />was imposed. <br />51.1..06: F..NFORCEMCNT <br />The City Council authorizes the Police Chief, Fire Chief, or the Community Development <br />Director, or their designees (collectively referred to herein as the "City Enforcement Officials"), <br />to administer and enforce this Chapter. <br />511.07: 12IGHT TO APPEAL <br />When the City mails the billing statement by certified mail for the repeat nuisance service call <br />fee, the City will inform the owner and/or occupant of their right to request a hearing. <br />The owner and/or occupant upon whom the fee is imposed must request a hearing within ten (10) <br />business days of the mailing of the billing statement, excluding the day the statement is mailed. <br />The request for a hearing must be in writing and mailed or hand-delivered to the City Manager's <br />Office. The hearing will occur within fourteen (14) days of the date of the request. If the owner <br />and/or occupant fails to request a hearing within the time and in the manner required under this <br />Section, the right of such person to a hearing is waived. <br />The hearing shall be conducted by a hearing officer selected by the City Manager in an informal <br />manner and the Minnesota Rules of Civil Procedure and Rules of Evidence shall not be strictly <br />applied. After considering all evidence submitted, the hearing officer shall make written Findings <br />of Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat <br />nuisance service call fee. The Findings of Fact and Conclusions shall be served upon the owner <br />and/or occupant by certified mail within ten (10) days of the hearing. <br />If the owner and/or occupant fails to appear at the scheduled hearing, the right of such person to <br />a hearing is waived and the repeat nuisance service call fee shall be payable in accordance with <br />Section 511.05 above. If the hearing officer determines that the repeat nuisance service call fee <br />is warranted, the person or persons responsible for the fee shall pay the fee within ten (10) <br />business days following the date that the written Findings of Fact and Conclusions are mailed. If <br />the repeat nuisance service call fee is not paid within said ten (10) day period, it shall be deemed <br />delinquent and the provisions of Section 511.05 pertaining to delinquent payments shall apply. <br />
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