FINAL ORDINANCE NO. 08-028 - Laserfiche WebLink

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e. The violator's conduct after issuance of the notice of hearing; f. The good faith effort by the violator to comply; g. The economic impa ct of the penalty on the violator; h. The impact of the violati on upon the community; and i. Any other factors appropriate to a just result. The hearing officer may exercise discretion to impose a fine for more than one day of continuing violation, but only upon a finding that: a. The violation caused a serious threat of harm to the public health, safety, or welfare; or that b. The accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing. 4. The failure to attend the hearing constitutes a waiver of the violator's right to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause" include but are not limited to death or incapacitating illness of the accused or the accused's family member; a Court Order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness or intentional delay. (I) Judicial Review. An aggrieved party may obtain judicial review of the decision of the Hearing Officer by proceeding by Petition for a Writ of Certiorari in District Court pursuant to Minnesota Statutes Section 484.03, (J) Recovery of Civil Penalties. 1. If a civil penalty is not paid within the time specified, it will constitute: a. A lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or b. A personal obligation of the violator in all other situations. 5