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04-24-2019 Council Packet
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04-24-2019 Council Packet
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<br /> 802-11 <br />officer will be an impartial employee of the city or an impartial person retained by the <br />city to conduct the hearing. <br />(4) Decision. A decision will be issued by the hearing officer within 10 business days <br />of the hearing. If the hearing officer determines that a violation of this ordinance did <br />occur, that decision, along with the hearing officer’s reasons for finding a violation <br />and the penalty to be imposed, will be recorded in writing, a copy of which will be <br />provided to the city and the accused violator by in-person delivery or mail as soon as <br />practicable. If the hearing officer finds that no violation occurred or finds grounds for <br />not imposing any penalty, those findings will be recorded and a copy will be provided <br />to the city and the acquitted accused violator by in-person delivery or mail as soon as <br />practicable. The decision of the hearing officer is final, subject to an appeal as <br />described in section 11, division (A)(6) of this section. <br />(5) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in <br />holding the hearing up to a maximum of [ $1,000 ] must be paid by the person <br />requesting the hearing. <br />(6) Appeals. Appeals of any decision made by the hearing officer must be filed in <br />Wilkin County district court within 10 business days of the date of the decision. <br />(7) Continued violation. Each violation, and every day in which a violation occurs or <br />continues, shall constitute a separate offense. <br /> <br /> <br />802.110. SEVERABILITY. If any section or provision of this ordinance is held invalid, such <br />invalidity will not affect other sections or provisions that can be given force and effect without the <br />invalidated section or provision. <br /> <br /> <br />(Source: Ord. 3, Amended: Ord. 331, 441, 513, 689, 707, 716, 726, 742, 753, 755, 770, 779) <br /> <br />Commented [NCP16]: A severability clause is important <br />because it ensures that if for any reason one provision of the <br />ordinance were to be challenged in court and struck down the <br />remainder of the ordinance would remain in effect.
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